Findings - CC - 2019 - CU-06-18/PPUD-04-18/PP-10-18 - Wild Rose SubBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR WILD ROSE SUBDIVISION FOR
MARTY CAMBERLANGO
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-18IPPUD-04-18IPP-1O-18
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle City Council for their consideration on April 9, 2019. The applications were
continued to April 23, 2019, at which time public testimony was taken and the public hearing was closed.
The Council made their decision at that time. 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:
Marty Camberlango is requesting conditional use permit, preliminary development plan, and
preliminary plat approvals for Wild Rose Subdivision, a 13 -lot (9 -buildable, 4 -common)
residential planned unit development. The 3.3 -acre site is located on the south side of East Hill
Road approximately 535 -feet east of the intersection of North Edgewood Lane and East Hill Road.
B. APPLICATION SUBMI'iTAL:
A Neighborhood Meeting was held on site at 6:00 PM, on Thursday, October 4, 2018, in
compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on November 8, 2018. Revised application materials
and a preliminary plat were provided to the City on January 9, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on February 14, 2019. 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 February 11, 2019. Requests for
agencies' reviews were transmitted on November 14, 2018, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on February 21,
2019.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
March 21, 2019. 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 March 18, 2019. The site was posted in
accordance with the Eagle City Code on March 29, 2019.
D. HISTORY OF REVELAN 1 PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
COMP PLAN
DESIGNATION
Compact Residential
No change
Compact Residential
ZONING
DESIGNATION
R-4 (Residential)
No change
A -R (Agricultural -
Residential) and R-3
(Residential)
South of site Compact Residential R-4 (Residential)
East of site Compact Residential R-4 (Residential)
West of site Compact Residential R-4 (Residential)
LAND USE
Vacant parcel
Residential subdivision
Single-family dwellings
Single-family residential
subdivision (Edgewood
Estates Subdivision No. 2)
Single-family residential
subdivision (Chaumont
Subdivision No. 1)
Single-family residential
subdivision (Patterson
Subdivision)
G. DESIGN REVIEW OVERLAY DIS 11ZICT: Not in the DDA, TDA, CEDA or DSDA.
H. SiI'EDATA:
Total Acreage of Site — 3.3 -acres
Total Number of Lots — 13
Total Number of Units - 9
Residential — 9
Commercial — 0
Industrial — 0
Common — 4
Single-family — 9
Duplex —
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Proposed Required
2.73 -dwelling units per acre 2.73 -dwelling units per
acre (as approved herein)
6,380 -square feet
60 -feet
60 -feet
42,040 -square feet*
Percent of Site as Common Area 29.2%
Open Space
8,000 -square feet
(minimum)
70 -feet
35 -feet
.66 -acre (28,750 -square
feet)
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Note — Not inclusive of common lot containing the private street.
GENERAL Sri DESIGN F'EATURES:
Landscape Screening:
The northern property line is located adjacent to East Hill Road which is classified as a collector.
The applicant is proposing a 25 -foot wide buffer area located adjacent to East Hill Road.
Open Space:
A total of 42,020 -square feet (.96 -acres), approximately 29.2% of open space is proposed within
the residential subdivision. The open space is inclusive of the buffer area located adjacent to East
Hill Road and a lot located on the east side of the New Dry Creek Ditch. The site also contains a
common lot (30,506 -square feet) which contains the private street (Lot 12, Block 1). The area
associated with Lot 12, Block 1, is not included in the open space area calculation.
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, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
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planned unit development.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. SIREET DESIGN (based on the preliminary plat, date stamped by the City on January 9, 2019):
Public Streets: None
Private Streets:
The private street typical road section shows a 42 -foot wide street section (contained within a
common lot). The area of the private street located within the common lot contains a 33 -feet of
travel way (as measured from back of curb to back of curb) with 2 -foot wide rolled curb and gutter
located on each side of the travel way. The street section shows a 5 -foot wide attached sidewalk
located on the side of street adjacent to the buildable lots.
Applicants Justification for Private Streets (if proposed):
See applicant's narrative letter, date stamped by the City on November 8, 2018 (attached to the
staff report).
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
The preliminary plat, date stamped by the City on January 9, 2019, shows a 5 -foot wide attached
sidewalk on the south side of the private street.
Curbs and Gutters:
Rolled curb is proposed adjacent to the private street.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
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K. ON AND Orr-Sri PEDESiKIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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 proposed.
M. PUBLIC USES SHOWN ON F'LJTURE ACQUISITIONS MAP: No map currently exists
N. SPECIAL ON-Si'iE F'EATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes — located adjacent to the west side of the New Dry Creek Ditch
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — yes — New Dry Creek Ditch
Unique Animal Life — unknown
Unique Plant Life — unknown
Unstable Soils — No
Wildlife Habitat — unknown
O. SUMMARY OF REVthW OF ENVIRONMENTAL ASSESSMEN 1 PLAN (l1 - REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated February 5, 2019, are of special
concern (attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated November 14, 2018, (attached to the staff report) are of special
concern.
Ada County Highway District
Andeavor
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Eagle Water Company
Idaho Transportation Department
New Dry Creek Ditch (two (2) email correspondences from Ron Sedlacek, dated October 4, 2018,
and November 27, 2018)
Q. LETTERS FROM THS PUBLIC (attached to the staff report):
Correspondence received from the Chaumont Owner's Association (c/o Development Services,
Inc.), date stamped by the City on January 31, 2019.
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PROPOSED TIME SCHEDULE FOR THS DEVELOPMENT OF THS SilE:
The applicant is proposing to construct the development in a single-phase in the summer of 2019.
S. EAGLE CHY CODE F'INDJNGS FOR A PLANNED UNH' DEVELOPMEN'i' PRELIMINARY
DEVELOPMENI PLAN AND CONDITIONAL USE PERM1'i:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
STAFI' ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDJNG
THIS PROPOSAL:
• 6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
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Compact Residential
Suitable for single family residential, row houses, duplex, and four-piexes. Densities range from 4
units per acre to 8 units per acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street),
substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall
be designated and intended as a usable and convenient amenity for the residences of any proposed
development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this title may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up -to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Zoning
District
R-4
Maximum
Height
Minimum Yard Setbacks
Note Conditions A To E*
Front
35' 20'
Rear
25'
Interior
Side
7.5'
Street
Side
20'
Maximum
Lot Covered
F And J*
40%
Minimum
Lot Area
(Acres Or Minimum
Square Lot
Feet) H* 'Width I*
8,000 70'
• Eagle City Code Section 8 -2A -7(J)(4): Landscape and Buffer Area Requirements:
4. 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 a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area 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
berming/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 berming/fencing. The
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required buffer area width, plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') 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: four
(4) shade trees, five (5) evergreen 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 five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
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 decorative block
wall, 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 shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
• Eagle City Code Section 8-2A-7(0): Alternative Method of Compliance:
O. Alternative Methods Of Compliance:
1. Project Conditions: It is not the intent of these landscape requirements to inhibit creative
solutions to land use problems. Under certain site conditions, a strict interpretation of
requirements may be either physically impossible or impractical. Alternative compliance is
a procedure that allows certain modifications to existing regulations within this section.
Requests for use of alternative landscaping schemes are justified only when one or more
of the following conditions apply:
a. The sites involve space limitations or unusually shaped parcels;
b. Topography, soil, vegetation, or other site conditions are such that full compliance is
impossible or impractical;
c. Due to a change of use of an existing site, the required buffer yard is larger than can be
provided; and
d. Safety considerations are involved.
2. Request For Alternative Method Of Compliance: The applicant must provide the city with
a written request if an alternative method of compliance is proposed. The request shall
state which requirement as set forth within this section is to be modified, what project
conditions stated within subsection 01 of this section justify using the proposed
alternative, and how the proposed alternative equals or exceeds said requirement.
3. Tree Fund: Persons applying for an alternative method of compliance for relief from
regulations that require all existing trees to remain on site may elect to make a financial
contribution to the Eagle city tree fund in lieu of retaining all trees on site. The
condition(s) which warrants the need for the tree fund alternate method of compliance
shall be specified in the application submitted under subsection 02 of this section. If the
application is approved, the amount to be contributed by the applicant will be based upon
the total caliper inches of deciduous tree(s) removed from the site and the total vertical
feet of coniferous trees removed from the site. Cost per caliper inch for deciduous trees
and cost per vertical foot for coniferous trees shall be determined by resolution of the city
council. The applicant shall have the right to review and consider the value determination,
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and following said review, to reapply for other alternative methods of compliance, without
prejudice, in accordance with subsection 02 of this section.
C. SUBDNISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street) substantially
open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated
and intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,
buildings or structures for recreational activities including picnic areas, community garden, courses
or courts, children's play area, dog play area, and pathways, excluding passive open space areas.
Landscape buffer areas not required pursuant to subsection 8 -2A -7J of this code may be
considered, in part, as active open space provided a pathway or other active amenity is located
within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water
bodies (i.e., ponds) within a development may be considered active open space provided there is a
finding that the ponds employ active recreation capabilities such as fishing, rafting, canoeing, and
the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8 -2A -7J of this code (including the sidewalk within the
buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water
bodies, excluding active open space areas.
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to any parcel or lot provided the council
determines that the private streets are in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks, and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to
adjacent property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access, the private streets do not connect one public
street to another, thereby encouraging travel through the development served by the
private street; provided, however, that in order to provide secondary access, a private street
may have more than one connection to a public street and/or may be connected to more
than one public street if access thereto is controlled by automatic gates or other control
devices approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
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8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
B. Construction And Design Standards: Private streets shall conform to the following construction
and design requirements:
1. All private street construction shall be in accordance with Ada County highway district's
structural standards for streets including base course and asphaltic concrete mat thickness
utilizing the appropriate traffic index or as may be recommended by the city engineer and
approved by the city council, and shall further be in accordance with Ada County highway
district's intersection design and drainage requirements, or as may be recommended by the
city engineer and approved by the city council.
2. Except as may be otherwise set forth in this section, private streets shall meet such design
and dimensional requirements as the council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, however, all
private streets shall contain paved travel lanes a minimum of twelve feet (12') in width
(except as noted herein) and shall otherwise provide for the safe, convenient, and effective
movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for
streets that are less than thirty four feet (34') in total width.
3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.
4. The design engineer shall identify on the construction drawings for the review and approval
by the city engineer, all traffic signs needed for the project, including, but not limited to,
designated parking and "no parking" areas, speed, stop, and such other signs as are
required for safe pedestrian and vehicle travel.
5. All private streets shall, during the progress of construction, be inspected and tested, at the
expense of the owner or developer, by a qualified inspector in order to ensure compliance
with the construction and design standards set forth in this section, the construction
drawings as prepared by the registered professional engineer, and good engineering and
construction practices. Reports of such inspections and tests shall be submitted, together
with a certification of such compliance, for the review and approval by the city engineer.
6. All private streets shall originate in a public right of way and terminate in a public right of
way, or at one of the following approved turnaround areas:
a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of
this chapter and subject to the approval of the Eagle fire district and city engineer and
provided further that proper maintenance of the island is provided for;
b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire
district and the city engineer; or
c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,
and city council.
7. The design of all private streets and related storm drainage facilities shall be prepared by a
licensed professional engineer in the state in substantial conformance with engineering
and design standards in effect at the time of preparation of the design. Construction
drawings, together with a certification of such conformity, shall be submitted for the
review and approval by the city engineer. No part of this section shall be construed as
allowing a private street that is not in conformance with current engineering and design
standards.
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8. If any provision of this section is found to be in conflict with any other applicable
provision of this title, the provision which establishes the higher and/or more restrictive
standard shall prevail, unless specifically determined otherwise by the city council.
C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance
of and access to private streets as follows:
1. A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost estimate
therefor prepared by a licensed professional engineer in the state, together with a proposed
method for funding the same, including, but not limited to, the creation and maintenance
of a reserve fund for that purpose, shall be submitted with the final plat application for
review and approval by the city engineer and city council.
2. The location of the private street shall be clearly depicted on the face of the plat and notes
shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the private
street the perpetual right of ingress and egress over the described private street;
b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street cannot be
modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
3. A restrictive covenant for repair and maintenance of the private street shall be recorded at
the time of recording the plat which said covenant shall create a homeowners'/property
owners' association or substantially similar entity and make provision for the perpetual
maintenance of the private street in accordance with the approved plan as provided for in
subsection C 1 of this section. Said restrictive covenant shall also provide that the said
covenant shall run with the land and that the said covenant cannot be modified and that
the homeowners'/property owners' association or other entity cannot be dissolved without
the express consent of the city. The said restrictive covenant shall be reviewed and
approved by the city attorney prior to certification and signing of the final plat by the city
engineer.
4. The council may, in the reasonable exercise of its discretion, order the owners or the entity
responsible for the maintenance of any private street approved in accordance with the
provisions of this section to undertake such repair and maintenance activities as it may
determine is necessary to protect the public health, safety, or welfare and make such
expenditures from the funds reserved therefor as may be required thereby; and the owner
or responsible entity shall, as a condition of approval of any such private street, be deemed
to have agreed to comply with any such order and to reimburse the city all of its costs,
including attorney fees, incurred in obtaining or enforcing any such order. Any order
entered by the council pursuant to this subsection may be enforced by a court of competent
jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in
connection therewith.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
E. Waiver: The council may waive or modify any of the standards or requirements of this section
when the private streets have been determined to be an integral element of the overall plan and
scheme of the development or will serve to enhance the overall development; provided,
however, that any such waiver shall not be injurious to public health or safety.
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Eagle City Code Section 9-3-5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code may be considered as part of the planned unit
development
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
• Eagle City Code, 9-4-1-9: Water Supply and Sewer Systems:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the City
Council.
The city has adopted supplemental standards and regulations (titled "Pressure Imgation
Standards", incorporated herein by reference and available at Eagle city hall) pertaining to
the design, construction and maintenance of pressurized irrigation systems. Plans and
documents reflecting the required standards and regulations shall be submitted with the
application for a preliminary plat.
The following design requirements and the requirements provided within the supplemental
"Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These
standards shall supplement all other regulations, and where at variance with other laws,
regulations, ordinances or resolutions, the more restrictive requirements shall apply. The
council may determine that revisions to the supplemental standards are warranted and
make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water system.
The operation, maintenance, associated costs, and annual inspection of the backup
connection and the backup system's reduced pressure backflow prevention assembly
shall be the responsibility of the entities as determined in "Pressure Irrigation
Standards" of this section. Individual backup connections to individual lots by
individual lot owners shall be prohibited with the exception of the common area lots
owned and maintained by the homeowners' association.
b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
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2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling. In
these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied within
two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the proposed
alternative delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent (25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5%) of the expected per
lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs of
construction of the pressurized irrigation system, and the cost per lot for irrigation
systems in those subdivisions built in the last two (2) years as noted above, and the
expected market value of the subdivision lots. For phased developments, costs will be
analyzed over all phases of the development rather than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer, as
outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered
professional engineer, stating the location and availability of surface irrigation water and
documenting the basis for the waiver request. If applicable, the irrigation report shall be
accompanied by a letter from the irrigation district or canal company stating that water
rights and/or a delivery system are not available to the property.
• Eagle City Code Section 9-3-8: Common Area Open Space:
1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall
be developed as active open space, as defined in section 9-1-6 of this title.
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2. Compliance: All common area open space shall be evaluated for its compliance with the
following:
a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting: Visual focal points, use of existing physical features such as topography, view, sun
and wind orientation, circulation pattern, physical environment.
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space who
is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be mandatory
and automatic for all homeowners of the subdivision and their successors. If a
homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan) that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the open
space and any facilities located thereon, including provisions for ongoing maintenance
and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and operation of,
and insurance for, the open space and outlines the means by which such funding will
be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, 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.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County Highway District.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide
landscape strip may be counted toward the minimum required common area open space.
4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor
variations to the location of a tree may be considered by the design review board during
the review of the subdivision landscape plan.
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• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. DISCUSSION (based on the applicant's narrative, date stamped by the Ciiy on November 8, 2018,
and the preliminary plat, date stamped by the City on January 9, 2019):
• As identified on the preliminary development plan and conditional use permit application for
planned unit developments and preliminary plat applications, date stamped by the City on
November 8, 2018, the development contains four (4) common lots. The preliminary plat only
notes that Lots 2 and 12, Block 1, are common lots, however, Lots 1 and 13, Block 1, appear to be
common lots associated with the required buffer area located adjacent to East Hill Road. Lot 12,
Block 1, will contain the private street providing access to the buildable lots. Lot 2, Block 1, is
shown as a non -buildable common lot.
o Lots 1 and 2, Block 1, are contiguous; therefore, those lots should be combined into a single
common lot. The applicant should be required to provide a revised preliminary plat with Lots
1 and 2, Block 1, combined to be a single common lot identified as Lot 1, Block 1. Based on
Lots 1 and 2, Block 1, being combined into a single lot, the remaining lots should be re-
numbered numerically in order prior to submittal of a final plat application.
o With the exception of preliminary plat note #14 which states, "Private street on common "Lot
12, Block 1" to owned and maintain homeowners association" (sic).
The preliminary plat does not contain any plat notes regarding which lots are common lots and
who is responsible for the operation and maintenance of the common lots. The applicant
should be required to provide a revised preliminary plat with a new plat note which states,
"Lots 1, (combined Lots 1 and 2), 11 (based on re -numbering), and 12 (based on re-
numbering), are common lots to be owned and maintained by the homeowner's association.
Lots 1, 11, and 12, Block 1, shall have a blanket public utilities, drainage, and irrigation
easements." The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
o Lots 1 and 13, Block 1, (as identified on the preliminary plat) located adjacent to East Hill
Road are approximately 27 -feet in width. The preliminary plat also notes the berm area located
within the buffer will be 2 -feet high (typical). The comprehensive plan identifies East Hill
Road as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), the applicant is
required to construct a 35 -foot wide buffer area within a common lot located adjacent to East
Hill Road. The required buffer area is to contain a minimum five to eight foot (5' to 8') high
berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof. The required berm is to contain the following plants per one
hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen 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. Lots 1 and 13, Block 1, do not have sufficient width to construct a 5 -foot high
buffer berm with the required 3:1 slope. The applicant should be required to provide a revised
preliminary plat showing Lots 1 and 13, Block 1, at a minimum 35 -feet in width located
adjacent to East Hill Road prior to submittal of a final plat application or submit an Alternative
Method of Compliance application with a Design Review application. The Design Review
application should be reviewed and approved by the Design Review Board and City Council
prior to submittal of final development plan and final plat applications.
o The provided narrative indicates no amenities will be provided for this project. As shown on
the preliminary plat, Lot 2, Block 1, (common lot) is located on the east side of the New Dry
Creek Ditch. Lot 2, Block 1, is calculated as a portion of the open space for the development.
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The total area of proposed common areas within the subdivision is .96 -acres. Pursuant to
Eagle City Code Section 9-3-8, a minimum of 15 -percent of the common area open space shall
be developed as active open space. As defined, open space, active, consists of athletic fields,
buildings or structures for recreational activities including picnic areas, community garden,
courses or courts, children's play area, dog play area, and pathways. The applicant should be
required to provide a revised preliminary plat showing a minimum of .14 -acres (6,273 -square
feet) of active open space. The revised preliminary plat should be provided prior to submittal
of a design review application.
• Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to
conform to the closest compatible setbacks within the base zone identified in Eagle City Code
Section 8-2-4. The property is located within a R-4 (Residential) zoning district. The required
setbacks within the R-4 (Residential) zoning district are as follows:
Front 20 -feet
Rear 25 -feet
Side 7.5 -feet
Street Side 20 -feet
Maximum Coverage 40%
The applicant is requesting the following setbacks:
Front 20 -feet
Rear 25 -feet
Side 5 -feet
Maximum Coverage 40%
The proposed lot width is 10 -feet narrower than the required width of 70 -feet for the R-4
(Residential) zoning district. The applicant is proposing a side setback of 5 -feet with no additional
setback for two-story structures. The architectural elevations provided by the applicant, date
stamped by the City on November 8, 2018, show single -story dwellings with bonus rooms located
within the attic trusses. The applicant should be required to construct only single -story dwellings
not to exceed a maximum of 20 -feet in height.
It is staff's opinion that based on the width of the proposed lots and the provided architectural
elevations showing single -story structures, the setbacks and lot coverage should be as follows:
Front 20 -feet
Rear 25 -feet
Side 7.5 -feet
Street Side Not Applicable
Maximum Coverage 40%
The residential dwellings shall be single -story (20 -feet maximum height).
The architectural elevations provided by the applicant, date stamped by the City on November 8,
2018, appear to be a "Contemporary/Craftsman" style of architecture. The applicant should be
required to create an Architectural Control Committee (ACC) as a component of the subdivision
CC&Rs to review architectural style of the homes to be constructed in the development. The
submittal of the building permit application to the city for each home within the development
should be accompanied by an approval letter from the Architectural Control Committee.
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• Lots 1 and 13, Block 1, each have a 25 -foot wide emergency access and paved turnaround located
in proximity to the east and west terminus of Primrose Lane (internal private street) providing
access to East Hill Road. It is unknown how the emergency access drives will be gated to prevent
private vehicles from utilizing the emergency access for regular access to the site. The applicant
should be required to provide a mechanism for preventing private vehicle access on the emergency
access drives providing connection between Primrose Lane and East Hill Drive within the Design
Review application. The Design Review application should be reviewed and approved by the
Design Review Board and City Council prior to submittal of final development plan and final plat
applications.
• Lots 2 and 3. Block 1, share a common lot line which is shown to be located at the centerline of
the New Dry Creek Canal. Within these two (2) lots there are easements delineated for water and
sewer. Also, preliminary plat note #13 states, "New Dry Creek Ditch Co. has a easement of 25'
each side of centerline of the existing ditch." (sic) The sewer and water easement located within
Lot 3, Block 1, is 35 -feet in width and is located outside of the 25 -foot wide New Dry Creek Ditch
Company easement with a total easement width of 60 -feet. The applicant should be required to
provide a revised preliminary plat showing the shared lot line between Lots 2 and 3, Block 1, to be
adjacent to the west easement line associated with the water/sewer easement (as identified on the
preliminary plat) so that all the easements are located within a common lot. The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• The private street typical section shown on the preliminary plat shows an attached sidewalk
located adjacent to one side of the street. Pursuant to Eagle City Code Section 9-4-1-6(F)(3),
sidewalks shall be separated from the edge of abutting roadway and/or back of curb by a minimum
8 -foot wide landscape strip on both side of the street. The sidewalk is shown to be located adjacent
to the buildable lots. Based on the space limitations of the site and the required buffer area located
adjacent to East Hill Road, staff will defer to the Commission and the City Council regarding
requiring the applicant to provide a revised preliminary plat showing the sidewalk to be detached.
• The preliminary plat contains two plat notes which address the private street. Plat note #1 of the
preliminary plat states, "All lots common to "Lot 12, Block 1" shall have the right of access the
private street." (sic) Plat note #14 states, "Private street on common "Lot 12, Block 1" to owned
and maintain homeowners association." (sic)
Although plat notes #1 and 14 address access and homeowner's association responsibility of
maintenance of the lots containing the private road and common areas, the plat notes do not
properly address the required plat notes associated with private roads. Pursuant to Eagle City Code
Section 9-3-2-5(C)(2) notes shall be included on the face of the plat which shall: a) Act to convey
to each lot owner within the subdivision to be served by the private street the perpetual right of
ingress and egress over the described private street; b) Provide that such perpetual easement shall
run with the land; and c) Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city. The applicant should provide a revised
preliminary plat with plat note #1 revised to state, "All lots within the subdivision shall have the
perpetual right of ingress and egress over the private street located within Lot 11, Block 1 (based
on re -numbering). Plat note #14 should be revised to state, "The private street located within Lot
11, Block 1, shall be owned and maintained by the homeowner's association and the restrictive
covenant for maintenance of the private street cannot be modified and the homeowner's
association or other entity cannot be dissolved with the express consent of the City." The revised
preliminary plat should contain a new plat note which states, "The perpetual easement for ingress
and egress on Lot 11, Block 1, shall run with the land." The revised preliminary plat should be
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provided prior to submittal of final development plan and final plat applications.
• The private street typical section shown on the preliminary plat shows a 33 -foot wide travel way
bordered by rolled curb on each side of street. Pursuant to Eagle City Code Section 9-3-2-5(B)(2),
vertical curbing is required for streets that are less than 34 -feet in width. The applicant should be
required to construct vertical curbing located adjacent to the private street. The applicant should be
required to provide a revised preliminary plat showing the private street typical section with
vertical curbing located on each side of street. The revised preliminary plat should be provided
prior to submittal of final development plan and final plat applications.
• Plat note #2 of the preliminary plat states, "A 12' public utility, irrigation, and drainage easement
is adjacent to the exterior boundary." Plat note #3 states, "All side lot lines to have a 5' drainage &
irrigation easement on each side of the lot line." (sic)
Pursuant to Eagle City Code Section 9-3-6, 12 -foot wide utility easements are required along front
lot lines, rear lot lines, and side lot lines. All rear lot lines within the development are at the
exterior boundary of the subdivision. The applicant should be required to provide a revised
preliminary plat with plat note #2 revised to state, "All lots are hereby designated as having a
permanent easement for public utilities, drainage, and irrigation easement over the 12 -feet adjacent
to the private street and exterior boundary of the subdivision. This easement shall not preclude the
construction of hard -surfaced driveways and walkways to each lot." The revised preliminary plat
should be provided prior to submittal of final development plan and final plat applications.
Although plat note #3 addresses drainage and irrigation easements located adjacent to the side
property lines it does not address the required public utility easements. The applicant should be
required to provide a revised preliminary plat with plat note #3 revised to state, "Unless otherwise
shown and dimensioned all lots are hereby designated as having a permanent easement for public
utilities, drainage, and irrigation over the 5 -feet adjacent to any interior side lot line." The revised
preliminary plat should be provided prior to submittal of final development plan and final plat
applications.
• Plat note #6 of the preliminary plat states, "Storm drain water from the streets shall be routed to a
seepage bed located within the street "Lot 12, Block 1."
The preliminary plat does not delineate the location of the seepage beds located within the private
street. The applicant should be required to provide a revised preliminary plat delineating the
location(s) of the storm water seepage beds prior to submittal of final development plan and final
plat applications.
• Plat note #9 of the preliminary plat states, "Setbacks shall be as outlined in the subdivision
CC&R'S and comply with the City of Eagle building code." (sic)
Residential setbacks are established within Eagle City Code Section 8-2-4, which is contained
within the City of Eagle zoning code not the building code. Also, setbacks are not regulated by the
City through the CC&Rs. The applicant should be required to provide a revised preliminary plat
with plat note #9 revised to state, "Minimum building setback lines shall be in accordance with the
City of Eagle Zoning Ordinance or as specifically approved." The revised preliminary plat should
be provided prior to submittal of final development plan and final plat applications.
• The preliminary plat does not contain a plat note restricting access to East Hill Road (collector).
The applicant should be required to provide a revised preliminary plat with a new plat note which
states, "Direct lot access to East Hill Road is prohibited unless specifically approved by the City of
Eagle and ACHD." The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
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• Within the provided narrative the applicant has indicated there are no water rights available for the
subdivision and therefore cannot serve the subdivision with pressurized irrigation. The narrative
further states, that based on there being no water shares available for the property they are
requesting a waiver from the City's requirement to provide a pressure irrigation system to serve the
subdivision. Therefore, all the lots in the subdivision will be irrigated from the domestic water
system. Ron Sedlacek, with New Dry Creek Ditch Company, provided email correspondence
dated October 4, 2018, which indicated that when ACHD purchased this property years ago they
returned their water shares back to the New Dry Creek Ditch Company. Since those water shares
have been re -allocated to other shareholders there are no water shares or delivery system available
for the property. Based upon the limitations expressed by the New Union Ditch Company, staff
recommends affirming that sufficient information exists to meet the conditions of a waiver request
based on Eagle City Code Section 9-4-1-9 (C)(2)(b). A pressurized irrigation waiver request may
be granted since the irrigation purveyor cannot deliver surface water to the site.
• The title block of the preliminary plat states as follows:
PRELIMINARY PLAT For WILD ROSE SUBDNISION
A parcel of land being a portion of Lot 2, Block 1 of Avante Casa Subdivision, located in the S. 1/2,
of SW '/ of Section 10, T.4N., R. 1E, B.M. City of Eagle, Ada County, ID.
The proposed subdivision is located within portions of Lots 2 and 3, Block 1, of Avante Casa
Subdivision and a portion of Lot 1, Patterson's Subdivision. The applicant should be required to
provide a revised preliminary plat with the Title Block revised to state, "A parcel of land being a
portion of Lots 2 and 3, Block 1 of Avante Casa Subdivision and a portion of Lot 1, Patterson's
Subdivision, located in the S. 1/2, of SW '4 of Section 10, T.4N., R. 1E, B.M. City of Eagle, Ada
County, ID. The revised preliminary plat should be provided prior to submittal of final
development plan and final plat applications.
STAF'F RECOMMr:NDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the conditional use permit,
preliminary development plan, and preliminary plat with the site specific conditions of approval and
standard conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on March 4, 2019, at which time public testimony was taken and the public hearing
was closed. The Commission made their recommendation at that time.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
one (1) individual (not including the applicant/ representative) who indicated the following:
• They support the project since there is lack of lots of similar in size within the area.
• They support allowing bonus rooms located above the garage to reduce the cost per square foot of
the homes and maintain the homes at a single -story height.
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by one (1) individual who indicated and/or requested the following:
• They support restricting the homes to not exceed a single -story.
• They support allowing for a reduction in the rear yard setback.
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• The side setback should be a minimum of 5 -feet in width.
• The applicant should be required to provide a potable water hook-up within the common area to
allow for irrigation of the common area.
COMMISSION DELIBERATION: (Granicus time 1:45:40)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The development will improve the view adjacent to East Hill Road.
• The homes should not exceed single -story with a maximum height of 25 -feet.
• The rear yard setback should be reduced to 20 -feet and the side yard setback should be reduced to 5 -
feet.
• They support the uniformity of the property lot widths.
• They support allowing rolled curbing on the side of street adjacent to the homes.
• The applicant should be permitted to construct bonus rooms over the garages.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU -06-1 8JPPUD-04-1 8/PP-10-1 8 for Wild Rose
Subdivision for Marty Camberlango with the following site specific conditions of approval and standard
conditions of approval as provided within their findings of fact and conclusions of law document, dated
March 18, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the City Council for their consideration on April 9,
2019. The applications were continued to April 23, 2019, at which time public testimony was taken
and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by one individual (not
including the applicant/ representative) who indicated the subdivision was designed well based on the
configuration of the property. The individual also indicated the request for the reduced buffer and
setbacks is justified based on the lot configuration.
C. Oral testimony in opposition to the applications was presented to the Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-06-18fPPUD-04-18TPP-1O-18 for Wild Rose Subdivision for
Marty Camberlango, with the following Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the Council
and strike through text to be deleted by the Council:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineeri▪ ng and legal fees incurred for reviewing
this project upon receipt of an invoice by the City or prior to the City Clerk signing the final plat,
whichever occurs first.
3. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing
material. Specific buffer area fences and decorative walls may be allowed as otherwise required in
ECC Section 8-2A-7 (J).
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4. Provide a revised preliminary plat with Lots 1 and 2, Block 1, combined to be a single common lot
identified as Lot 1, Block 1. Based on Lots 1 and 2, Block 1, being combined into a single lot, the
remaining lots shall be re -numbered numerically in order prior to submittal of final development plan
and final plat applications.
5. Provide a revised preliminary plat with a new plat note which states, "Lots 1, (combined Lots 1 and 2),
11 (based on re -numbering), and 12 (based on re -numbering), are common lots to be owned and
maintained by the homeowner's association. Lots 1, 11, and 12, Block 1, shall have a blanket public
utilities, drainage, and irrigation easements." The revised preliminary plat shall be provided prior to
submittal of final development plan and final plat applications.
6. Provide a revised preliminary plat showing Lots 1 and 13, Block 1, at a minimum 35 -feet in width
located adjacent to East Hill Road prior to submittal of a final plat application or submit an Alternative
Method of Compliance application with a Design Review application. The Design Review application
shall be reviewed and approved by the Design Review Board and City Council prior to submittal of
final development plan and final plat applications.
7. Provide a revised preliminary plat showing a minimum of .14 -acres (6,273 -square feet) of active open
space. The revised preliminary plat shall be provided prior to submittal of a design review application.
8. The setbacks shall be as follows:
Front 20 -feet
Rear 2025 -feet
Side 5 -feet
Street Side Not Applicable
Maximum Coverage 40%
The residential dwellings shall be single -story (25 -feet maximum height).
9. The applicant has provided building elevations showing a "Contemporary/Craftsman" style of
architecture will be utilized within this development. The applicant shall create an Architectural
Control Committee (ACC) as a component of the subdivision CC&Rs to review the architecture style
of the homes to be constructed in this development. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the
city prior to the City Clerk signing the final plat.
10. The submittal of the building permit application to the city for each home within the development shall
be accompanied by an approval letter from the Architectural Control Committee. Building permits
applications that do not have an approval letter attached will not be accepted.
11. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny,
at its discretion, any building permit application that does not meet the architectural requirements (as
required in site specific condition of approval #8 above) of the PUD.
12. Provide a revised preliminary plat showing the shared lot line between Lots 2 and 3, Block 1, to be
adjacent to the west easement line associated with the water/sewer easement (as identified on the
preliminary plat) so that all the easements are located within a common lot. The revised preliminary
plat shall be provided prior to submittal of final development plan and final plat applications.
13. Provide a mechanism for preventing private vehicle access on the emergency access drives providing
connection between Primrose Lane and East Hill Drive within the Design Review application. The
Design Review application should be reviewed and approved by the Design Review Board and City
Council prior to submittal of final development plan and final plat applications.
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14. Provide a revised preliminary plat with plat note #1 revised to state, "All lots within the subdivision
shall have the perpetual right of ingress and egress over the private street located within Lot 11, Block
1 (based on re -numbering). Plat note #14 should be revised to state, "The private street located within
Lot 11, Block 1, shall be owned and maintained by the homeowner's association and the restrictive
covenant for maintenance of the private street cannot be modified and the homeowner's association or
other entity cannot be dissolved without the express consent of the City." The revised preliminary plat
shall contain a new plat note which states, "The perpetual easement for ingress and egress on Lot 11,
Block 1, shall run with the land." The revised preliminary plat shall be provided prior to submittal of
final development plan and final plat applications.
15. The applicant shall be required to construct vertical curbing located adjacent to the north side of the
private street (with the exception of the area located adjacent to the buildable lots). The applicant shall
provide a revised preliminary plat showing the private street typical section with vertical curbing
located on north side of the private street (with the exception of the area located adjacent to the
buildable lots). The revised preliminary plat shall be provided prior to submittal of final development
plan and final plat applications.
16. Provide a revised preliminary plat with plat note #2 revised to state, "All lots are hereby designated as
having a permanent easement for public utilities, drainage, and irrigation easement over the 12 -feet
adjacent to the private street and exterior boundary of the subdivision. This easement shall not
preclude the construction of hard -surfaced driveways and walkways to each lot." The revised
preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
17. Provide a revised preliminary plat with plat note #3 revised to state, "Unless otherwise shown and
dimensioned all lots are hereby designated as having a permanent easement for public utilities,
drainage, and irrigation over the 5 -feet adjacent to any interior side lot line." The revised preliminary
plat should be provided prior to submittal of final development plan and final plat applications.
18. Provide a revised preliminary plat delineating the location(s) of the storm water seepage beds prior to
submittal of final development plan and final plat applications.
19. Provide a revised preliminary plat with plat note #9 revised to state, "Minimum building setback lines
shall be in accordance with the City of Eagle Zoning Ordinance or as specifically approved." The
revised preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
20. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to East Hill
Road is prohibited unless specifically approved by the City of Eagle and ACHD." The revised
preliminary plat shall be provided prior to submittal of final development plan and final plat
applications.
21. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot deliver
surface water to the site.
22. Provide a revised preliminary plat with the Title Block revised to state, "A parcel of land being a
portion of Lots 2 and 3, Block 1 of Avante Casa Subdivision and a portion of Lot 1, Patterson's
Subdivision, located in the S. 'h, of SW '/a of Section 10, T.4N., R.1E, B.M. City of Eagle, Ada
County, ID. The revised preliminary plat shall be provided prior to submittal of final development plan
and final plat applications.
23. The developer shall provide 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 at each side property line, or as approved by the Design Review Board.
Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and
Page 22 of 29
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all
landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
Partial reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion.
24. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
25. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
26. Wild Rose Subdivision shall remain under the control of one Homeowners Association.
27. All plat notes that are required on the preliminary development plan/preliminary plat shall be
transferred to the final plat prior to submittal of final development and final plat applications.
28. The applicant shall provide a water connection located east of the New Dry Creek Ditch, on Lot 1,
Block 1, to provide irrigation to the common lot.
29. The applicant shall provide a minimum of 15% active open space (to be reviewed and approved by the
Design Review Board and City Council).
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 I.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.
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.
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. 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.
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
14. 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.
15. 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.
b. 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.
c. 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 (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be 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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. 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.
17. Should the homeowner's association be responsible for the operation and maintenance of the stoiiii
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.
18. 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.
19. 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 Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. 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".
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. 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.
25. 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
P
lat.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
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KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (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.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-06-18IPPUD-04-18JPP-1O-18) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The proposed development will provide a housing type that has proven demand within the city.
The proposed development will advance the general welfare of the community and neighborhood
since it is designed to be in conformance with the Comprehensive Plan and will be adding property
previously owned by a public agency back to the tax roll.
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The development as required will have single -level homes with bonus rooms over the garages and
is designed to complement the general vicinity and provide aesthetically pleasing architecture to
enhance the character of the area.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
The development is planned to consist of residential uses only. It is not anticipated that any uses or
activities will be detrimental to existing or future neighborhoods.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned to consist of residential uses only. It is not anticipated that any uses or
activities will be detrimental to the surrounding properties upon completion of the site work.
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are either available to the site or will be as conditioned herein, as noted within
the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,
drainage, streets, and other urban services will be provided at the developer's expense. The tax
revenue generated from the homeowners within the subdivision will offset additional costs to
public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District, and
Eagle Water Company have reviewed the proposed development and indicate that capacity exists
to adequately serve this development.
Page 27 of 29
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
g.
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or highway district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal.
The applicant is required to provide a landscape plan showing a minimum of 15 -percent of the
required open space to be active open space as required pursuant to Eagle City Code Section 9-3-
8(D)(1). The active open space is to include amenities such as a pathway, pergola and/or bench.
The landscape plan is to be reviewed and approved by the Design Review Board and City Council
as conditioned herein.
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
Access is to the development is provided via an existing public street (East Hill Road).
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
There are no known such features located upon the property.
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in accordance with the Comprehensive Plan Land Use Map
designation of Compact Residential since the proposed density and design of the subdivision is in
conformance with the policies of the comprehensive plan.
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This applicant has requested approval of a PUD as outlined in Eagle City Code. The proposed
development, as designed, is in conformance with those requirements and the applicant is required
to meet the conditions herein. In addition, the applicant will be required to submit an application
for design review and comply with all Eagle City Codes and conditions of approval of the design
review. The proposed development will include single-family residential units with lot layout as
shown on the preliminary development plan.
That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Single family residential is the only use approved for this development.
Page 28 of 29
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
DATED this 14th day of May, 2019
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
I
Stan Ridgeway, Mayor
ATTEST:
CA4-41
Sharon K. Bergmann, Eagle Cit Clerk
Page 29 of 29
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Wild Rose Sub ccf.doc
301 EMERGENCY ACCESS
Rams:
1.) LOTS COmmON TO *LOT 12, BLOCK i• SHALL RAVE THE RICHT OF ACCESS THE PRIVATE STREET.
J.) ALL SIDE LOT' UNES TO HAVE A 51 DRAINAGE 4, IRRJGAIION CASE... ON EACH SIDE OF THE. LOT L..
4.) SEWER SERVICES SHALL. OE PROVIDED 10 EACH BUILDABLE LOT,
) EAGLE WATER CO NAit4 UNES SHALL DE LOCATED iN THE STREETS OR A °MICAH-0 EASE/JEN,
8.) STONM DRAIN WATER mow, sTREos SHALL LIE ROUTED TO A SEEPAGE 8ED LOCA1 En win. THE STREET 'LOT 12 HU<
7.) 11.0S Sub101vISION SuBJECT TO COMPLIANCE WITH IDAHO COOC SECTION 31-3805 CONCERNiNG iftRICATION
8.) COMMON LOT 2 !KOCK 1 SHALL HAVE A 35' WIDE SEWER ANO WAT. UNE EMINENT MU SHALL RE
wiusCAPED min .NTAttit.0 BY THE H0.4 OWNERS ASSOC.
9.) Sk RACKS SHALL AC As OUTLINED IN THE StIOOMSON CC.R'S cow, wail flit: CITY OF EAGLE BUILDING cGDC.
0.) COMMON WT 12 PRIVATE STREET SECTION TO RE AN 42' MO NC A 331 STREET SECTiON WITH 2' CONCRETE ROLLED
11.) ALL DoSTiNG FENCES ALONG THE 9OUNDARY SHALL RENA....
12.) WRTICAL OATUM NAVO 6t1-81.1 (ADA cowl' TOP oF ALL/m. CAP 0 ROW LION. EL.2578.48).
O.) NEW ORY CREEK DUCH CO. HAS A .5EmENT OF 25' EAcH SDE OF CENTE.RuNL of THE EXISTING DITCH.
14.) PRIVATE STREET ON CommON 1.01 )2, OLOCK 1. 10 OWNED MAJNTAIN HONCO.ERS ACCOCIAT1ON.
15.) ALL IMPROVEMENTS ON LOIS 1,2413 NORTH OF THE DIMINO EASEMENT ALONG E. HILL ROAD HAS .ISTING U111.111E5.
LMOSSCAP94G & SIOEWALYCS AND ptAw BEEN OONE WITH CONS! NUCTIM OF L. Hi, NOAH 8Y AQ.10.
MN TOP
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VICINITY MAP
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TOTAL PAM. (3406
TOTAL 1,019 13
1-PRIVAIE STREET LOT 12 AREA 30.5015 SF. (0.1
3-COAION LANDSCAPED LUIS 1.2.613
10TAL ARM 42.042.M...$0463 Ms)
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