Findings - CC - 2001 - PP-17-00 - Red Leaf Heights/49.84 Acre/144Lot/125 Res/18Commo
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR RED LEAF HEIGHTS
SUBDIVISION FOR HILL VIEW DEVELOPMENT
CORPORATION
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-17-00
The above-entitled preliminary plat application came before the Eagle City Council for their action on
January 23, 2001. The 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:
Hillview Development Corporation, represented by Mark Butler with Land Consultants
Inc., is requesting preliminary plat approval for Red Leaf Heights Subdivision. The
49.84-acre, 144-lot subdivision (125-Residential, 18-Common, I-Public/Semi-Public) is
located on the southeast corner of E. Floating Feather Road and N. Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 12, 2000.
e.
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 tra~smitted on
October 18, 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 January 8, 2001. 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 January 3,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: RZ-15-00
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three (3-units A (Agricultural) Vacant/Pasture
per acre max.)
Proposed No Change R-3 (Residential) & PS Single Family Residential
(Public/Semi-Public) &School access
North of site Residential Two (2-units R-2-DA-P (Residential- Residential
per acre max.) Planned Unit Dev.)
South of site Residential Four (4-units R-4, R-9 (Residential) Residential/Multi - F amil y
per acre max.)/ Mixed
Use
East of site Residential Four (4-units R-4 (Residential) & PS Residential/Eagle Hills
per acre max.) / (Public/Semi-Public) Elementary School
Public/Semi-Public
West of site Mixed Use R-4 (Residential) Residential/Pasture
G.
DESIGN REVIEW OVERLAY DISTRICT: Not within the CEDA, DDA or TDA.
H.
SITE DATA:
Total Acreage of Site - 49.84-acres
Total Number of Lots - 144
Residential- 125
Commercial - 0
Industrial - 0
Common - 18
Public Space-School - I
Total Number of Units -125
Single-family - 125
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.5 3-units per acre (max).
Minimum Lot Size IO,OOO-square feet IO,OOO-square feet
Minimum Lot Width 77-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 4.98-acres 4.98-acres
Percent of Site as Common Area 10% 10%
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A master landscape design plan (including open space areas) has not been submitted to
date.
Eagle City Code Section 8-2A-7 (J)(4)(b) requires a minimum 50-foot wide landscape
buffer area between minor arterials 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:
Eagle City Code, Section 9-3-8 D requires a minimum of lO-percent of open space for a
subdivision located in an R-3 zone. The applicant has proposed 10% (4.98-acres).
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance shall 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 [mal 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.
The applicant will be required to install a drainage system to accommodate the storm
water runoff from the public right-of-way. Said plans shall be reviewed and approved by
the Ada County Highway District.
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:
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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:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
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 has proposed two entryways into the subdivision, one from Floating Feather
Road and one from Eagle Road. Each entryway is to be constructed as a 59-foot street
section within eighty-feet of right-of-way with a landscaped traffic median and then
reduce to a 36-foot street section within 57-feet of right-of-way. There are also 33-foot
wide street sections proposed to be built within 50-feet of right-of-way. The cul-de-sac
streets are proposed to be constructed as 29-foot street sections within 50-feet of right-of-
way.
The proposed intersection of Orleans Way and Manchester Drive is configured in such a
way as to promote vehicular travel to E. Knoll Drive rather than to Red Leaf Way. Red
Leaf is designed to function as more of a "collector" street while E. Knoll Drive is more
suitable to function as a local street.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
There are seven cul-de-sacs proposed for the subdivision. All cul-de-sacs are within the
maximum foot-length requirements and terminate within 55-feet of right-of way.
Curbs, gutters and sidewalks:
Curb, gutter, parkway strip and a 5-foot wide detached sidewalk have been previously
constructed on Eagle Road. A meandering 5-foot wide sidewalk is proposed abutting the
parcel along Floating Feather Road. The entryways into the subdivision are proposed to
be constructed with curb, gutter and 4-foot wide meandering sidewalks. The majority of
the interior streets will have 4-foot wide sidewalks separated from curb and gutter by a 5-
foot wide planter strip.
Lighting:
Eagle City Code, Section 9-4-1-5, states that all subdividers shall be required to install
street lights. Location and lighting specifications shall be provided to the City Zoning
Administrator prior to the City Engineer signing the final plat.
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K.
L.
Street Names:
The applicant should submit an letter from the Ada County Street Name Committee
approving the proposed street names.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Other than the proposed sidewalks abutting the roadways, there are no walkways that
provide interior pedestrian circulation.
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.
PUBLIC USES PROPOSED:
The applicant proposes to convey a portion of the subdivision (Lot 13, Block 15 which is
approximately 1.15-acres) to be owned and maintained by the Meridian School District.
A proposed stub street to this parcel would provide both a secondary access to the existing
Eagle Hills Elementary School as well as more open space.
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
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 Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
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 October 23, 2000 are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
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Eagle Sewer District
Farmers Union Ditch Company
Joint School District No.2
Q.
LETTERS FROM THE PUBLIC:
Varna R. Fuller, 1063 N. Eagle Road -- November 20,2000.
Dianna Gould Brunzell, 844 Fruitwood Place - November 22, 2000.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Three" (up to
three units per acre maximum).
Chapter 4 - Schools, Public Services and Utilities
4.5
Implementation Strategies
b. Explore legally suitable opportunities for developers to assist in donating or purchasing
school sites identified in the district(s) master facilities plan, according to student demand
created by future land use development.
d. Encourage land use development to reduce street hazards by developing access to
elementary and secondary schools on local streets and/or pathways.
Chapter 8 - Transportation
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.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(b)
Any road designated as a minor arterial on the AP A Functional Street Classification Map:
A minimum of fifty feet (50') 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: five
(5) shade trees, eight (8) evergreen trees, three (3) 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.
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e.
D.
A minimum five foot (5') high, maximum eight foot (8') 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 (I') 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'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13 ') of additional buffer area added to
the fifty foot (50') wide buffer noted above.
SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
DISCUSSION:
.
This site is located within the R-3 zoning district which allows residential densities up to 3-
units per acre. The applicant is proposing 2.5 units per acre.
.
The stub street (Orleans Way) to the proposed parcel addition (Lot 13, Block 15) to the public
school site should have restrictions on the configuration of the connection to the existing
school site. Cut-through traffic may create problems in the future if vehicle operators find that
this access is more convenient than the existing roadway (Fruitwood Place) to the west. The
school and the developer should work together to restrict the access to school related traffic
only to prevent cut-through traffic. Also, no access should be allowed to directly link to
Ranch Drive from the southern parcel line of Lot 13, Block 15.
.
Orleans Way is designed with a curve generally running north to south between the proposed
school parcel addition and E. Knoll Drive. Rather than turning west onto Manchester Drive,
which is designed to "T" into Orleans Way, traffic may naturally follow to the north and gain
access to Floating Feather Road via E. Knoll Drive. Orleans Way should be reconfigured so as
to curve into Manchester Drive more fluidly and thereby creating a "T" intersection with the
leg that travels south from E. Knoll Drive. (Rather than Orleans Way functioning as the top of
the "T", it would function as the bottom of the "T".
.
Although the proposed parcel (Lot 13, Block 15) to be conveyed to the school is to be zoned
as Public/Semi-Public (thereby limiting the area to only certain public uses), conditions should
be set in place that speak to land use and maintenance should the parcel not become property
of the school district. Staff will defer comment to the Commission and Council concerning
this issue.
.
Some consideration should be given to the size and shape of the proposed park (Lot 5, Block
15) which adjoins the existing park adjoining Eagle Knolls subdivision. Staff will defer
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comment to the Commission and Council concerning the adequacy of the park.
.
Eagle road was recently reconstructed to a three-lane roadway with a 5-foot wide detached
sidewalk separated from curb and gutter by a tree lined landscape strip. This design is
consistent on both sides of Eagle road to a point approximately 200-feet south of the
intersection of Floating Feather and Eagle Road. Staff requests to defer comment on the issue
of whether the sidewalk should remain as is or to replace the existing with a meandering
sidewalk similar to that being proposed on Floating Feather.
.
Floating Feather is listed in the Ada County Highway District's Five Year Work Program to
be improved to three lanes with curb, gutter and sidewalk. Normally in this situation, the
developer would deposit an amount of money into the District's Right-of-Way Fund for the
construction of the sidewalk. Because of the large monetary amount required for the deposit,
the Highway District has given the option to allow the developer to construct the sidewalk in
lieu of the road trust deposit. City staff recommends the construction of the sidewalk at the
time of development.
.
Internal pedestrian pathways should be encouraged in areas where sections of the subdivision
can only be accessed with long lengths of roadway. Pathways would alleviate vehicular traffic
for residents traveling to amenities within the subdivision or the adjacent school. Staff will
defer to the Commission and Council regarding the requirement for internal pathways.
.
Public input has been submitted concerning street lighting, specifically at subdivision
entrances accessing major roadways. Staff will defer discussion to the Commission and
Council concerning any special lighting requirements.
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 item
was continued to December 18, 2000. 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 eight (8) individuals with concerns regarding increased traffic on Floating Feather Road, within
Eagle Knoll Subdivision, and on N. Fruitwood Place; more street lights should be installed on Floating
Feather Road - specifically at the entrance of Eagle Knoll Subdivision; concerns regarding
construction traffic; additional concerns regarding connector streets between this development and
existing subdivisions surrounding this site, water and sewer supplies, headlights from additional traffic
on surrounding properties, safety of children on N. Fruitwood Way - need a three way stop sign at the
corner offE. Knoll Dr. and N. Fruitwood Way, and need a sign prohibiting the trash and foul language
from construction workers.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PP-I7 -00 for a Preliminary Plat for Red
Leaf Heights Subdivision for Hillview Development Corporation with the site specific conditions
of approval and standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated January 2, 2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 23, 2001, at which
time testimony was taken and the public hearing was closed. The City Council made their decision at
that time.
B. Oral testimony in opposition to the application was presented to the City Council by four (4)
individuals with concerns regarding increased traffic on Floating Feather Road, within Eagle Knoll
Subdivision, and on North Fruitwood Place; perimeter wood fencing should be constructed wherever
fencing does not currently exist; more street lights should be installed on Floating Feather Road -
specifically at the entrance of Eagle Knoll Subdivision; concerns regarding construction traffic and
dust; additional concerns regarding connector streets between this development and existing
subdivisions surrounding this site, water and sewer supplies, headlights from additional traffic on
surrounding properties, safety of children on N. Fruitwood Way - need a three way stop sign at the
corner of E. Knoll Dr. and N. Fruitwood Way, need traffic calming measures, and need a sign
prohibiting the trash and foul language from construction workers.
C. Oral testimony in favor of the application was presented to the City Council by one (I) individual (not
including the applicant/representative).
D. Written testimony in opposition to this proposal was presented to the City Council by thirty-one (31)
individuals (via petition) who felt the proposed subdivision should be required to have single story
homes along the southern boundary of the site and also, concerns about the loss of privacy. The letter
date stamped by the City on January 23, 2001, is incorporated into these findings by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-I7 -00 for a Preliminary Plat for Red Leaf Heights
Subdivision for Hillview Development Corporation with the following Commission recommended
site specific and standard conditions of approval with underlined text to be added by the Council
and strike-thru text to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated October 23,2000.
2. Provide a revised preliminary plat that delineates a meandering sidewalk at the Floating Feather
entrance (Red Leaf Way) to maintain symmetry with the Eagle Road entrance (Manchester Drive).
3. Construct a 5-foot wide meandering sidewalk adjacent to the parcel abutting Floating Feather Road.
4. Provide a revised preliminary plat that reconfigures Orleans Way to encourage and direct traffic onto
Manchester Drive and Red Leaf Way rather than to E. Knoll Drive. (This change has been shown on
the revised preliminary plat submitted to the Commission at the December 18, 2000, meeting).
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5. Provide a revised preliminary plat showing a public utilities easement being placed over the two sewer
pipe corridors as they extend northerly from Bennington Place and Caledonia Court.
6. Provide a revised preliminary plat showing a pedestrian easement and construction of 5-foot wide
pathways located within the sewer easements to connect to the sidewalks located on Floating feather
Road (as noted in site specific condition number 4).
7. Provide a revised preliminary plat designating the width of the side lot easement in note #2 on the
preliminary plat to 6-feet on either side of the lot line 12-feet for the rear yard lot line.
8. Provide a revised preliminary plat designating that no direct access to Ranch Drive shall be permitted
form the southern parcel line of Lot 13, Block 15.
9. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally located on each on each side lot line comer v:ith
tee àistaRee betweeR trees to be DO mere teaR gO feet or less tRaR 35 feet. The trees shall be located in
a landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for
each phase, the applicant shall either install the required trees, landscaping, and irrigation or provide
the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements within the 5-foot wide landscape strip. Trees shall be installed planted prior to
obtaining an occupancy permits for the homes. A temporary occupancy may be issued if weather does
not permit landscaping.
10. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 50-foot wide buffer area along Floating
Feather Road and Eagle Road abutting this site for review and approval by the Design Review Board
prior to City approval of a final plat.
II. Provide a copy of the subdivision CC&R' s showing the installation and maintenance requirements for
the proposed street trees. The CC&R' s shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
12. Useable park amenities such as skateboard parks, picnic tables, gazebos, swing sets, basketball courts,
ball fields and/or similar amenities shall be provided within the open space areas. Landscape plans
showing open space amenities shall be reviewed and approved by the Design Review Board.
13. 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".
14. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
15. The applicant shall install signs directing construction traffic on to Eagle Road and Floating Feather
away from surrounding subdivisions.
16. The applicant shall work with the homeowner on the west side of Eagle Road directly across the
entrance at Manchester Dr. to mitigate traffic lights and noise on the residence resulting from increased
traffic within this subdivision. Mitigation measures may include the installation of dense landscaping
plantings, berms, decorative walls, etc.
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17. Through access between Orleans Way and Ranch Drive is prohibited.
18. Place a note on the [mal plat which states, "Cross-access through Lot 15 between Orleans Way and
Ranch Drive is prohibited".
l2" The developer shall post trash notice signs at each buildiBg site entry to the subdivision within the
subdivision with the phone number of person in charge so neighbors can call that person with their
concerns. NOTE: For clarification on sign specifics this condition could read:
The applicant shall install a minimum of four (4) 4' x 4' plywood or other hard surface signs
(mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. One sign
shall be placed at each of the entrances to the subdivision.
20. Install amenities within the parks that will provide for gathering areas such as swing sets and picnic
tables. Amenities shall be reviewed and approved by the Design Review Board prior to City approval
of a final plat.
21. UfJOR submittal of a desig-R revie....,' afJfJliøatioR for Lot 15 (School DisHict Parcel), fJro'lidø a site plafl
sno'.vmg an OR site vehiøle tom arøuBd area (OR Lot 15) eoRRÐctiflg to Orleans Way.
21. An all-way stop shall be placed at the intersection of East Knoll Drive and North Fruitwood Way.
22. All construction vehicle access to Red Leaf Heights Subdivision shall be through the Eagle Road and
Floating Feather entrances only. Construction vehicle via through Fruitwood Place and Fruitwood
Way is prohibited.
23. Lots 21 through 26, Block 14 and Lot 30, Block 9 shall be limited to a single stOry houses only.
however. daylight basement may be permitted.
24. The East Knoll Drive stub street to this site shall remain closed (barricaded) until the infrastructure is
in place.
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.
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 all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and 1.e. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
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6.
7.
8.
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 (B.e.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.
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 flfst 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.
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
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13.
14.
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.
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.
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 (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 rITe 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.
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 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 sign age prior to the City Engineer signing the
final plat.
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18.
19.
20.
21.
22.
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 [mal plat by the City Council.
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
[mal 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.
23.
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.
24.
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.
25.
Basements in homes in the flood plain are prohibited.
26.
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.
27.
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.
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 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
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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 fmal 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.
31.
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 October 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 18, 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 January 8,
2001. 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 January 3, 2001.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I7-
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-3 and PS (Residential and Public/Semi-Public); 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
provides the required 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
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d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with central sewer to be served from Eagle Sewer
District and will use public water to be served from Eagle Water Company. Fire
protection will be available from the Eagle Fire District and fITe hydrants will be
provided where 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 required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, 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 and Council'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 27th day of February, 2001.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
~!t fL+. - V- ~
Sharon Moore, Eagle City Cler
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