Findings - CC - 2001 - PP-15-00 - 78.87 Acre/89 Lot/77 Buildable/Castlebury Subd
ORtG\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR CASTLEBURY
SUBDIVISION FOR CAPITAL DEVELOPMENT
INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-15-00
The above-entitled preliminary plat application came before the Eagle City Council for their action on
January 9, 2001. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Capital Development Inc., represented by Jim Howard with JJ Howard Engineering, is
requesting preliminary plat approval for Castlebury Subdivision. The 78.87-acre, 89-lot
(n-buildable) residential subdivision is located north of Chinden Boulevard
approximately I-mile west of Locust Grove Road at 990 E. Chinden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 20, 2000.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on November 4, 2000. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on November 3, 2000. Requests for agencies' reviews were transmitted on
September 28, 2000, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 23, 2000. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 20,
2000.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-5-00 & RZ-I3-00
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
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COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (I-unit per RT (Residential) Agriculture
acre maximum)
Proposed No Change R-I (Residential) Residential
North of site Residential Estates (I-unit RT (Residential) Residential
per 2-acres maximum)
South of site Not in City of Eagle Area RT (Residential) Residential/Agriculture
of Impact
East of site Residential One (I-unit per R-I (Residential) Residential
acre maximum)
West of site Residential Estates (I-unit RT (Residential) Agri cu I ture/R es iden tial
per 2-acres maximum) &
Residential One (I-unit per
acre maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 78.87
Total Number of Lots - 89
Residential - 77
Commercial - 0
Industrial - 0
Common - 12
Total Number of Units -
Single-family - 77
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 1.0-acres
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre 0.98-units per acre I-unit per acre maximum
Minimum Lot Size 37,000-square feet 37,000 square feet
Minimum Lot Width 125-feet (approx.) 1O0-feet
Minimum Street Frontage 53-feet (approx.) 35-feet
Total Acreage of Common Area 0.25-acres O-acres
Percent of Site as Common Area 0.3% 0%
1.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials/freeways and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
Open Space:
Will provide a total of .3% common area within the interior of the subdivision. 0%
common area is required for this zoning district.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R' s
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site.
Preservation of Existing Historical Assets:
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Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
The applicant is proposing to construct all internal roadways as 36-foot street sections with
concrete shoulders and abutting borrow ditches within 50-feet of right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
There are two cul-de-sacs proposed, 1 at 370-feet in length and I at 320-feet in length.
Each cul-de-sac is planned to be located within a radius of 60-feet of right-of-way with
landscape islands centered in the turnaround.
Curbs, Gutters and Sidewalks:
The applicant has not proposed any sidewalks within the subdivision and only references a
pedestrian easement to be located abutting Chinden Blvd. The Ada County Highway
District has preliminarily required that curb, gutter and sidewalk be constructed abutting
both sides of the internal roadways.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways have not been proposed within the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - although not specifically listed as an environmental
concern, an existing on-site dairy farm may raise issues with tainted land and water.
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - various species of birds were observed on site
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A
complete environmental plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated September 29, 2000, are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Equality
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No. 02
Q.
LETTERS FROM THE PUBLIC: None received to date.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
9.5
P A THW A YS AND GREENBELTS
Pathways are non-motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
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9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e. All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(c)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berrning/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berrning/fencing. The required buffer area width,
plantings, and fencing are as follows:
c. Any road designated as a principal arterial on the AP A Functional Street Classification
Map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree
may be substituted with two (2) flowering/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized
vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within the buffer
area. The maximum slope for any berm shall be three feet (3') horizontal distance
to one-foot (1 ') vertical distance. If a panelized vinyl fence, decorative block wall,
or cultured stone, decorative rock, or similarly designed concrete wall is to be
provided, in combination with the berm, a four foot (4') wide flat area at the top of
the berm shall be provided for the placement of the fence or decorative block wall.
Panelized vinyl fencing shall be no higher than four feet (4'). Chain link, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
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The ten foot (10') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every thirteen feet (13 ') of additional buffer
area added to the seventy five foot (75') wide buffer noted above. (Ord. 328, 8-11-
1998)
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-4-1-6 A
Sidewalks shall be required on both sides of the street; except, that where the
average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed.
D.
DISCUSSION:
.
The applicant should provide a landscape plan showing berming, fencing, and planting details
within the required 75-foot wide buffer area along Chinden Blvd. abutting this site for review
and approval by the Design Review Board prior to City approval of a final plat.
.
The southwest corner of this parcel is noted on the preliminary plat as being not a part of this
development. However, it appears that this one-acre piece was not legally split off from the
larger parcel and evidence to the contrary has not been provided. Therefore, the one-acre
piece should be included within the entire 80-acre (approximate) parcel as part of the
subdivision development.
.
Pedestrian walkways have not been proposed within the site, thereby creating instances where
walking to adjoining streets and neighborhoods is not an attractive alternative to driving.
Walkways should be encouraged to alleviate car traffic from the roads and to enhance the
sense of community that connecting walking paths provide. Staff defers comment regarding
the construction of an internal pathway system to enhance safe and efficient pedestrian and
bicycle use.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 20, 2000, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five individuals concerned with the higher zoning designation, that landscaping occur between
Spyglass Subdivision and that the Zinger Lateral has a right of way across the property.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
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one.
COMMISSION DECISION:
The Commission recommended approval (4 to 1) of PP-I5-00 for a Preliminary Plat for Castlebury
Subdivision with the following site specific conditions of approval and standard conditions of
approval within their Findings of Fact and Conclusions of Law document, dated December 18,
2000.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application and parallel rezone application (RZ-I3-00) was held before the
City Council on January 9, 2001, at which time testimony was taken and the public hearing was
closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by nine (9) individuals
concerned with the increased traffic and traffic congestion, school overcrowding, that the density is too
high - lots should be larger, that the perimeter lots are not compatible with existing lot surrounding the
site, that landscaping occur between this site and Spyglass Subdivision and that Spyglass Subdivision,
concerns that if a signal light is installed on Locust Grove Road and a street connection is made from
this site to Spyglass then the cut-thru traffic will increase within Spyglass Subdivision, that the
installation of speed bumps on the streets may help deter cut-thru traffic, that meandering streets would
provide for a better, safer design than the one proposed with straight streets, that Chinden Boulevard
need a deceleration lane at the entrance to this site, and that the Zinger Lateral has a right of way
across the property.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant or the representatives).
D. Written testimony in favor to this proposal was presented to the City Council by one (I) individual
who felt the proposed subdivision would be an asset to the community. The letter date stamped by the
City on January 5, 2001, is incorporated into these findings by reference.
COUNCIL DECISION:
The Council voted 3 to I (Merrill against) to approve PP-I5-00 for a preliminary plat for
Castlebury Subdivision with the following site specific and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all applicable requirements of the City Engineer.
2. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks.
3. Provide a revised preliminary plat that includes the I-acre piece located in the southwest corner of the
80-acre parcel as a part of the entire subdivision development, or provide documentation which
establishes the one-acre parcel as a valid lot-split as per Ada County regulations or produce a legal
record showing that the lot has been split from the remainder of the subdivision.
4. Provide a revised preliminary plat that changes the rear lot easement width (as stated in Note #4) to a
minimum of 12-feet wide.
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5. Provide a revised preliminary plat that changes Note #5 to read that the public roadways shall be
constructed in accordance with the Ada County Highway District and or the City of Eagle, whichever
may be the more strict.
6. Provide a revised preliminary plat that changes Note #8 to include the Ada County Highway District's
review of all right-of-way drainage.
7. Provide a revised preliminary plat that changes Note #9 to state the development shall comply with the
City of Eagle ordinances.
8. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
9. The applicant shall provide a landscape plan with a cross section showing minimum berming height,
fencing, and planting details within the required 75-foot wide buffer area along Chinden Blvd.
abutting this site for review and approval by the Design Review Board prior to City approval of a final
plat.
10. Provide a letter from Zinger Lateral Ditch Company approving the irrigation and drainage design for
this subdivision prior to the City Clerk signing the final plat.
II. ITD and/or the developer shall improve the portion of Chinden Boulevard adjacent to this site with a
center turn lane, and acceleration and deceleration lanes (along the north side of the street). No
building permits shall be issued until these lanes are constructed.
12. A stub street shall extend from Westbury Way/ Westbury Place to the western property line of this
site. Specific location of the stub street shall be determined by the developer and shall be shown on
the final plat.
13. Complete transitional landscaping at road connections to Spyglass and Sugarberry Subdivisions.
14. Construct sidewalks on both sides of all internal streets.
15. The pedestrian/equestrian easement note on the preliminary plat may be removed.
16. Provide a revised preliminary plat showing a 75' wide buffer area to be located within a perpetual
easement abutting the southern parcel line of the site. Provide a statement in the CC&R' s that the
easement shall be maintained by one homeowners association in perpetuity.
17. Construction traffic access for the site from Chinden Boulevard shall be through Castlebury Street
only.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
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3.
4.
5.
6.
7.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (1.C. Title 50, Chapter 13 and 1.C. 39-118).
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (Re.e. 9-20-8.4)
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
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(I) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed flIe hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (Le.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed flIe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
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20.
21.
22.
23.
24.
25.
26.
27.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
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29.
30.
31.
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the fmal plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on September 20, 2000.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on November 4, 2000. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on November 3, 2000. Requests for agencies' reviews
were transmitted on September 28, 2000 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on December 23,
2000. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on December 20, 2000.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I5-
00) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation ofR-I (Residential); and
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b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provide the requires improvements for a subdivision; and
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with septic systems and will use public water to be
served from United Water. Fire protection will be available from the Eagle Fire
District and fITe hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is reviewed and
approved the highway district having jurisdiction and is subject to the conditions
therein; and
f.
This development is in continuity with the capital improvement program since the
required public improvements have been installed on site, or are expected to be
installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
DATED this 13th day of February, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada C ty, Id 0
yor
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