Findings - PZ - 2000 - PP-14-00 - Prelim Plat For Eagle River Subd/90 Acre/7-Lot
D.
E.
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR EAGLE RIVER
SUBDIVISION FOR EAGLE RIVER LLC
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-14-00
The above-entitled preliminary plat application came before the Eagle Planning and Zoning
Commission for their recommendation on December 4, 2000. The Eagle Planning and Zoning
Commission 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:
Eagle River LLC, represented by Bill Clark with Clark Development, is
requesting a preliminary plat approval for Eagle River Subdivision. The 90-acre,
7-lot (5-commercial, I-residential, I-city park) subdivision is located on the
southeast corner of State Highway 44 and Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 12,
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 18, 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 17, 2000. Requests
for agencies' reviews were transmitted on October 2, 2000 in accordance with the
requirements of the Eagle City Code.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 25,2000, the Eagle City Council approved a rezone (RZ-2-98) with a
development agreement (including a concept plan) for this site.
COMPANION APPLICATIONS: None
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'--------,-,,--,- - -------,-
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Commercial, Mixed C-3-DA (Highway Business Agricultural
Use, Public/Semi- District with development
Public, & Floodway agreement), MU-DA (Mixed
Use with development
agreement), & PS-DA
(Public/Semi-Public with
development agreement)
Proposed No Change No Change Mixed-use,
Commercial,
Residential, and Park
North of site Central Business CBD (Central Business District), Commercial
District and CBD-DA (Central Business
Public/Semi-Public District with development
agreement), & MU (Mixed Use)
South of site Residential Two (up R-2-P (Residential Planned Unit Residential
to 2-units per acre Development) & RT (Ada
maximum) County - Rural Transitional)
East of site Mixed Use & RT (Ada County - Rural Agriculture &
Floodway Transitional) Residences
West of site Commercial & C-l (Neighborhood Business Commercial
Public/Semi - Public District)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 90-acres
Total Number of Lots - 7
Residential - 1
Commercial - 5
Industrial - 0
Common - 0
Parks - 1
Total Number of Units -
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Limited within the development agreement for this site:
75-units maximum within the MU-DA "South" portion of the site
(consisting of 24-acres); and
The total multi-family residential units to be developed within the MU-DA
District (inclusive of both "North" and "South" as shown on Exhibit C
within the development agreement) shall not exceed 1O0-units in the
aggregate.
A future re-subdivision of a portion of this site may be necessary to
accommodate the development and sale of the above noted residences.
Increased residential densities may be allowed (as noted within the
development agreement) provided a PUD is applied for and approved by
the City.
Total Acreage of Any Out-Parcels - 0
The 2-acre parcel located on the western boundary of this site adjacent to Eagle
Road is a separate parcel and is not a part of this subdivision - per ECC it is not
considered an out parcel.
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre N/ A - subject to future re- Limited within the
subdivision development agreement as
noted above
Minimum Lot Size 1. 91-acres 7,000 sq. ft. (MU zone)
1,300 sq. f1. (C-3 zone)
Minimum Lot Width 11O-feet (approx.) 50- feet (MU zone)
25-feet (C-3 zone)
Minimum Street Frontage Greater than 35-feet 35-feet for residential
zoning districts
* *
Total Acreage of Common Area
* *
Percent of Site as Common Area
*See comments under "Open Space" below.
1.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3- 7(a) requires 20-foot wide landscape strips to screen
adjacent incompatible features such as highways, railroads, commercial or
industrial uses from proposed residential properties.
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Open Space:
As required within the development agreement a 35-foot wide landscape strip is
proposed to be installed along the north boundary of this site parallel to State
Highway 44 (extending eastward from Eagle Road approximately 2,550-feet). At
this point the landscape strip narrows to lO-feet wide (extending to the northeast
corner of the site).
Approximately 7-acres of ponds are proposed.
The Concept Plan (Exhibit A) within the development agreement shows proposed
landscaping within the planter strips, medians, buffer areas, and open spaces. The
landscape development of this site will generally follow this concept plan with
specific landscaping details to be reviewed and approved by the Design Review
Board prior to City approval of any final plates) and prior to review of individual
building pad sites.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. 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) - no
Preservation of Existing Natural Features:
Natural features do exist on the site and the applicant has provided an
Environmental Impact Assessment for the site.
Existing trees on the site shall be retained. Retention will be addressed upon
Design Review.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation
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or development of the site, any historical artifacts are discovered, state law
requires immediate notification to the state.
1.
STREET DESIGN:
Private or Public Streets:
The preliminary plat shows a "looped" public roadway connected to two entrances
on Eagle Road. The site is planned for a tentative third roadway access
connecting to State Highway 44 located approximately 2,550-feet east of Eagle
Road. This access is subject to approval of the Idaho Transportation Department.
Cross-section details of the roadway design are shown within the Design
Guidelines section of the development agreement and on Sheet 1 of 5 on the
preliminary plat.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
5-foot wide detached sidewalks (separated from the curb with a 5-foot wide
planter strip) are proposed for the streets within this development.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are
proposed for the interior streets.
Lighting:
Lighting is proposed along all sidewalks, pathways and streets. The location and
specifications of the lighting shall be provided to the City Zoning Administrator
prior to the City Engineer signing the final plat.
Street Names:
A letter from the Ada County Street Name Committee approving the street names
is required prior to the City Engineer signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian pathways are proposed in various areas throughout the site and are to
be installed as per provisions within the development agreement.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in
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L.
M.
N.
all subdivisions as part of the public right-of-way or separate easement, as may be
specified by the City Council.
PUBLIC USES PROPOSED:
None provided by the applicant. The Reid Merrill Sr. Community Park is
proposed to be built on Lot 3, Block 4, however, this park is to be constructed by
the City.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES*:
Areas of Critical Environmental Concern - Yes, Boise River Floodplain
Evidence of Erosion - No
Fish Habitat - No
Floodplain - Yes, Entire site is located within the floodplain.
Mature Trees - No except within wetlands
Riparian Vegetation -Yes, Within Corps of Engineers approved delineation of
jurisdictional wetlands.
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - yes
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): An environmental assessment plan has been provided to and reviewed by
the City Engineer. A copy of the environmental assessment plan is on file with the City
Engineer.
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 letters dated October 6, 2000, and
November 7,2000, are of special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
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Eagle Parks and Pathways Development Committee
Q.
LETIERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 5 - Economic Development
a.
Implementation Strategies
f.
New commercial development outside of the Central Business District
should complement the Central Business District and Eagle's rural
identity.
g.
Encourage commercial growth adjacent to the Cen the Cen the Cen the
Cennd discourage isolated commercial development in outlying areas.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
a.
Implementation Strategies
f.
Higher density residential development should be located closest to the
Central Business District (CBD) as shown on the Comprehensive Plan
Land Use Map.
1.
Protect gravity flow irrigation systems including canals, laterals and
ditches to assure continued delivery of irrigation water to all land serviced
by such systems, to protect irrigation systems as a long range economical
method for water delivery and to coordinate surface water drainage to be
compatible with irrigation systems.
Chapter 7 - Natural Resources and Hazard Areas
a.
Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
Chapter 8 - Transportation
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8.3.0
City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
8.3.1
Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be
located along roadway right-of-ways and would usually be separated from vehicle
travel lanes and the paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes.
Arterials and collectors should be provided with bike lanes on each side of
the roadway.
a. Objective
Encourage alternative transportation forms such as walking and biking.
8.6
Implementation Strategies
a.
Work in conjunction with the Ada County Highway District (ACHD),
Idaho Transportation Department (ITD), and Ada Planning Association
(APA) to classify roadways on the City of Eagle TransportationlPathway
Network Maps #1 and #2 incorporated into this Comprehensive Plan by
reference. The Maps are to assure conformity to designations as delineated
on the Land Use Map. The maps shall be provided to the Ada Planning
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Association for input into the Ada Planning Association's Functional
Street Classification Map and Regional Transportation Plan.
b.
Integrate all modes of travel to support air quality improvement measures.
c.
Encourage roadway design standards that are consistent with the Idaho
Transportation Department (ITD), Ada County Highway District (ACHD),
Ada Planning Association (APA), and other agencies that may be
responsible for roadway planning and design.
d.
Require that safety design systems be integrated into all school sites and
recreation areas, including such items as signalization, sidewalks,
pathways, and alternate traffic patterns for secondary access.
e.
Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
Transportation/Pathway Network Maps #1 and #2, adopted local and
regional pathway plans, as may be needed for intra-neighborhood
connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
Chapter 9 - Parks, Recreation and Open Spaces
9.4.1
Goals
To create ample areas and facilities for our residents' diverse indoor and outdoor
park and recreational interests.
9.4.2 Objectives
9.4.3
a.
To develop parks and recreational programs which meet the different
needs, interests, and age levels of our residents in both the rural and urban
areas.
b.
To plan and design parks for sustainability and conservation of natural
resources.
c.
To provide a system of neighborhood parks where safe and convenient
access is available to residents.
d.
To dedicate and develop areas for parks in new residential developments.
Policies
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d.
Encourage City to develop working relationships with other
agencies/entities to develop parks and recreational opportunities within the
community.
a. Pathways and Greenbelts
9.5.1
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
Goal
To create a pathway system that provides interconnectivity of schools,
neighborhoods, public buildings, businesses, and parks and special sites.
9.5.2 Objectives
9.5.3
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
transportati on.
a.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
Implementation Strategies
a.
Create ordinances that require developments to provide improved pathway
systems with links to adjoining pathway systems.
Chapter 12 - Community Design
a.
a.
Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Entry Corridors
Entryway corridors are arterial roadways that introduce both visitors and residents
to Eagle. City entryways include State Highways 44 (State Street and Alternate
Route) and 55 (Eagle Road). These entrances with their landscaping (or lack
thereof), commercial signage and building character provide the first, and often
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times the most lasting impressions of the entire community. The City of Eagle
has the responsibility to guide development and redevelopment that occurs along
these entryway corridors.
a.
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the
competitive environment should be discouraged.
Encourage the preservation of natural resources such as creeks, drainages,
steep slopes and ridgelines as visual amenities.
g.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 8-2A-7 (E)(4)
The minimum acceptable size for deciduous trees shall be three inch (3") caliper,
balled and burlapped.
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large
lots (such as when large lots are approved for septic tanks), the parcels shall be
divided, where feasible, so as to allow for future re-subdividing into smaller
parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets
through the middle of wide blocks. Whenever such future subdividing or lot
splitting is contemplated, the plan thereof shall be approved by the City Council
prior to taking of such action.
D.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
.
ARTICLE III - CONDITIONS ON DEVELOPMENT
3.2.3 The conditions, covenants and restrictions for the property shall contain at
least the following:
(a) An allocation of responsibility for maintenance of all community and
privately owned landscaping and amenities.
(b) A requirement insuring compliance with this Development
Agreement.
3.2.5 All development within the Property shall be consistent with the Site
Design Guidelines ("Design Guidelines") attached hereto as Exhibit D and
generally consistent with the Conceptual Plan attached hereto as Exhibit E.
The Conceptual Plan attached hereto describe the general nature and
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3.2.9
3.2.10
relative location of certain elements for the Property. The intent of this
Agreement is to allow sufficient flexibility at the time of detailed planning
and platting while still maintaining the general intent of the Conceptual
Plan with the requirements set forth in this Development Agreement.
A public easement for a greenbelt pathway shall be provided. The
specific location and design of the pathway shall be approved by the City
Council, not to be unreasonably withheld, prior to the City Engineer
signing the first plat for the Property.
A minimum of two emergency access points to the Boise River for the use
of repair and rescue equipment and personnel shall be provided at
appropriate intervals along the River. Location shall be as determined in
coordination with the City Pathway Committee, Eagle Fire Department
and Flood Control District # 10 and approved by Eagle.
3.2.11 Provide bus stops as may be recommended by Eagle.
3.2.12
Applicant shall provide an on-site, tree lined landscaped strip along State
Highway 44 and Riverside Drive and a ten (10) foot wide
bicycle/pedestrian pathway within the landscaped strip all as is generally
shown and depicted on Exhibit A attached hereto and incorporated herein.
The width of the landscaped strip in various locations shall be as shown
on Exhibit A. The landscaping, including street trees and pathways, shall
be reviewed and approved by the Design Review Board. The twenty-five
(25) foot wide landscape strip along Riverside Drive as shown on Exhibit
A attached hereto, shall include a minimum three (3) foot high berm with
extensive landscaping to provide a buffer.
3.2.15 The development shall incorporate public art, water features, or other
features of interest and pedestrian amenities which encourage pedestrian
use (i. e.: outdoor drinking fountains, benches, tables, etc.
3.2.17
In addition to the minimum parking spaces required by Eagle City Code
provide 10 to 12 non-exclusive parking spaces for the sportsman access
shown on the attached concept plan (near hotel). The spaces shall be
provided with signage generally stating, "River Access Parking".
3.2.20 City of Eagle approvals shall be subject to any FEMA requirements
regarding the revised study for the Boise River floodplain currently
underway by FEMA.
3.2.23
Development shall provide pedestrianlbicycle public access to the paved
pathway along the Boise River as required in the Eagle Comprehensive
Plan.
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E.
3.2.24
Apply for a license agreement from ITD and/or ACHD, to allow the
right-of-way between this site and the edge of pavement along State
Highway 44 and Eagle Road to be landscaped and landscape said area if
such an agreement is approved.
DISCUSSION:
.
The proposed preliminary plat includes seven lots and delineates public road rights-
of-way for the collector streets in the project. These lots, with the exception of the
Community Park parcel, are proposed to be re-subdivided (as the need arises) in the
future. Future re-subdivision(s) of any portion of this site will be required to comply
with the recorded Eagle River Development Agreement and ECC Title 9 "Land
Subdivisions".
.
Landscape concept plans are included for the landscape strip parallel to State
Highway 44. Landscape concepts for the planter strips and medians associated with
the internal roadways were approved as part of the design guidelines within the
Development Agreement for Eagle River and are included for reference with this
application. Several ponds are shown in their approximate locations which will serve
as both open space/landscape features and as components of the overall site drainage
system. These features are proposed to be shown in detail on the construction
drawings with the final plat application. (See letter from Bill Clark dated August 17,
2000).
.
Public pathway easements have not been shown on the preliminary plat which
addresses the location of the greenbelt pathways within this development. Also,
public easements for emergency access points to the Boise River should be indicated
on the preliminary plat. Staff recommends that the Commission and Council discuss
the location of these items to determine specific easement placement.
.
The development agreement for this site states in part that bus stops shall be provided
as may be recommended by the City of Eagle. Staff recommends that as part of the
review of the preliminary plat the Commission and Council should discuss the need
for bus stop location(s) within this site. Staff recommends that, at a minimum, one
bus stop be located on Eagle Road at either the north or south entrance. A second bus
stop should be required along State Highway 44, provided a third roadway access is
approved by lTD.
.
The development of this site is proposed to be constructed in phases. Specifically,
staff understands that the applicant intends to complete site improvements (ie
roadways and landscaping) upon the completion of multiple final plats or "phases".
In the past, the City has allowed construction of these types of improvements (within
the interior of a site) on a phased basis. However, regarding the issue of the
construction of the landscape strip and bicycle/pedestrian pathway abutting State
Highway 44 and Riverside Drive, it is the City's intent to have these "perimeter"
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buffer areas completed as part of the first phase of development. In order to maintain
consistency of the construction of the landscaping buffers, while at the same time
allowing flexibility for building development, staff recommends that the perimeter
landscape strip and bicycle/pedestrian pathway be completed prior to the issuance of
any occupancy permits for the site.
. The plant schedule within the conceptual landscape plan for this site (submitted with
this application) calls out the types and sizes of trees to be planted within the buffer
areas and along the internal roadways. This plan does not comply with the
requirements of the development agreement for this site and Eagle City Code
specifically regarding proposed tree sizes. The design guidelines within the
development agreement are specific as to variety and size of trees to be planted along
the internal roadways. A detailed landscape plan for this site (which complies with
the development agreement and Eagle City Code) will need to be reviewed and
approved by the Design Review Board prior to City approval of the first final plat.
.
Section 3.2.20 within the development agreement states, "City of Eagle approvals
shall be subject to any FEMA requirements regarding the revised study for the Boise
River floodplain currently underway by FEMA". This condition indicates that the
development of this site is subject to all requirements of the new FEMA study of
Boise River, including but not limited to floodway and floodplain boundaries.
Note #9 on Sheet 2 of 5 on the preliminary plat states, "Floodway, as shown, is based
on the existing adopted Boise River Floodway as shown in the City of Eagle Flood
study dated Oct. 15, 1985 and subsequent LOMARS".
Staff recommends that the Commission and Council request a verbal detailed
summary by the applicant during the public hearings for this item regarding the
proposal to develop this site to the existing floodway boundary and how this boundary
will comply with the FEMA re-study and with the development agreement.
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
December 4, 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 one individual concerned with access to his property.
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C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one (not including the applicant/representative).
COMMISSION DECISION:
The Commission recommended approval (3 to 0, two absent) of PP-14-00 for a
Preliminary Plat for Eagle River Subdivision with the following site specific conditions
(with Commission modification to Staff recommended conditions underlined) and
standard conditions of approval with standard condition 28 to be modified in accordance
with Eagle City Code Section 9-4-2-2;
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letters dated, October 6, 2000, and
November 7,2000.
2. Comply with all requirements of the development agreement for this site dated, January 25,
2000, between the City of Eagle and Eagle River LLc.
3. Future re-subdivision(s) of any portion of this site shall be required to comply with the
recorded Eagle River Development Agreement and ECC Title 9 "Land Subdivisions".
4. As required within the development agreement, City of Eagle approvals shall be subject to
any FEMA requirements regarding the revised study for the Boise River floodplain.
5. Provide bus stops at locations as may be recommended by Boise Urban Stages and approved
by the City Council prior to City approval of the first final plat. At a minimum, one bus stop
shall be located on Eagle Road at either the north or south entrance. A second bus stop shall
be required along State Highway 44, provided a third roadway access is approved by lTD.
6. Provide a revised preliminary plat, which indicates the routing and piping of the Ballantyne
Canal and the New Union Ditch traversing along the southern boundary of Lot 2, Block 2.
7. Provide a revised preliminary plat with a note which generally states that a minimum of two
emergency access points (to be determined as per the Development Agreement) for the use of
repair and rescue equipment and personnel as well as sportsmen's access to the Boise River
shall be provided prior to City approval of the first final plat. Specific easement location
shall be indicated on the final plat.
8. Provide an on-site landscape strip to be an average of 35-feet in width with a lO-foot wide
bicycle/pedestrian pathway along State Highway 44 extending eastward from Eagle Road
approximately 2,550-feet. Construction of the landscape strip and pathway shall be
completed prior to the issuance of any occupancy permits for the site.
9. The 25-foot wide landscape strip with a 3-foot high berm and lO-foot wide pathway required
along Riverside Drive (as indicated in Section 3.2.12 within the development) shall be
installed prior to the issuance of any building permits for that phase of the development (Lot
2, Block 2).
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10. The 10-foot wide landscape strip required along State Highway 44 extending from the
easterly end of the 35-foot wide landscape strip to the northeast corner of the site shall be
installed prior to the issuance of any building permits for that phase of the development (Lot
2, Block 2).
11. A detailed landscape plan for the entire site (which complies with the development
agreement and Eagle City Code) shall be reviewed and approved by the Design Review
Board prior to City approval of the first final plat.
12. Change the zoning designations on Sheet 1 of 5 of the preliminary plat so as to comply with
the zoning designations within the development agreement (MU-DA, C-3-DA, PS-DA).
13. Provide a revised preliminary plat showing all public pathways being located within a public
pathway easement. Specific easement language shall be reviewed and approved by the
Zoning Administrator prior to City approval of the first final plat.
14. Provide a license agreement, approved by ITD and/or ACHD, allowing the right-of-way
between this site and the edge of pavement along State Highway 44 and Eagle Road to be
landscaped.
15. Pathways from the park to the river shall be changed or be added to take into account
whether the Wells property is acquired or not, so as to ensure there are public easements in
place.
16. The park area shown on the preliminary plat shall be the same size as the park area outlined
within the "Exchange Agreement And Joint Closing Instructions" agreement between the
City of Eagle and Eagle River LLc.
17. The developer shall work with Thomas Dater (property owner to the east) as this site
develops to insure that the delivery of irrigation water to said property continues post
development as was historically provided.
18. The applicant shall provide the property to the east of this site (Thomas Dater property) an
access easement (to be shown on the final plat) if the future ali~nment of Riverside Drive
does not provide access to the property.
ST ANDARD 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.
3.
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
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4.
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).
5.
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.
6.
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
(B.c.c. 9-20-8.4)
7.
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
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11.
12.
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.
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 (1) 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.
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 fire 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
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
b.
c.
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15.
16.
20.
21.
d.
by the Eagle Fire Department prior to issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
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 and approved 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 and approved by the Eagle City
Attorney prior to the City Engineer signing the final plat.
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 Councilor 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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the
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23.
24.
25.
26.
27.
28.
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 for a change to the planned
use of the subject property.
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 final 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.
29.
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.
30.
Prior to submitting the final plat for recording, the following must provide endorsements
or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer,
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Central District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of
water or intetference 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 12, 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 18, 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
17,2000. Requests for agencies' reviews were transmitted on October 2,2000 in accordance
with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed
preliminary plat (PP-14-00) 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 of C-3-DA (Highway Business District with development
agreement), MU-DA (Mixed Use with development agreement), & PS-DA
(Public/Semi-Public with development agreement); and
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 Eagle Water. Fire protection will be available from
the Eagle Fire District and fire hydrants will be provided were required; and
e. Will have vehicular approaches to the property designed to not create an
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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 18th day of December, 2000.
PLANNING AND ZONING COMMISSION
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