Findings - PZ - 2001 - PP-1-01 - Pp Approval For Yorkshire Acres Subd/4.64 Acre/15-Lot
ORIG\NÞ\L
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR YORKSHIRE ACRES
SUBDIVISION FOR ROBERT DESHAZO JR.I
BERKSHIRE WEST
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-I-Ol
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on March 19, 2001. The Eagle Planning and Zoning Commission having heard
and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Robert DeShazo Jr./Berkshire West, represented by Douglas W. Landwer, is requesting
preliminary plat approval for Yorkshire Acres Subdivision. The 4.64-acre, IS-lot (13-
buildable, 2-common) residential subdivision is located on the south side of East Floating
Feather Road, approximately 900-feet west of Horseshoe Bend Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 23, 2001.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on March 3, 2001. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on February 28, 2001. Requests for agencies' reviews were transmitted on January
26,2001 in accordance with the requirements of the Eagle City Code.
D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three (3-units R-3 (Residential) Residence
per acre max.)
Proposed No Change No Change Residential
North of site Residential Three (3-units R-2-P (Residential with Residential
per acre max.) Planned Unit Development)
South of site Residential Three (3-units RT (Residential- Ada Vacant / Pasture
per acre max.) County Designation)
East of site Residential Four (4-units R-4 (Residential) Residential
per acre max.)
West ofsite Residential Four (4-units R-4 (Residential) Residential
per acre max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not within the CEDA, DDA, or TDA.
H.
SITE DATA:
Total Acreage of Site - 4.64-acres
Total Number of Lots - 15
Residential - 13
Commercial - 0
Industrial- 0
Common - 2
Total Number of Units - 13
Single-family - 13
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.8-units 3-units (maximum)
Minimum Lot Size 1O,000-square feet 1O,000-square feet
Minimum Lot Width 89-feet 75-feet
Minimum Street Frontage 38-feet 35-feet
Total Acreage of Common Area 0.56-acres* .46-acres
Percent of Site as Common Area 12%* 10%
*NOTE: These figures represent the exclusion of the portion of the parcel located within right-of-
way abutting Floating Feather Road.
I.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
A master landscape design plan (including parkway strips and open space areas) has not
been submitted to date.
Eagle City Code Section 8-2A-7 (J)(4)(b) requires a minimum 50-foot wide landscape
buffer area between minor arterials and new residential developments.
Berrning, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat.
Open Space:
Eagle City Code, Section 9-3-8 (D) requires a minimum of 10% (ten-percent) of open
space for a subdivision located in an R-3 zone. The applicant has proposed 12% (twelve-
percent) of open space including parkway strips located between the curb and sidewalk
(9% (nine-percent) excluding the parkway strip).
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance shall submit street drainage plans.
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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On-site Septic System (yes or no) - no
Preservation of Existing Natural Features:
There are numerous existing trees located on this site. 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 which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
The applicant is proposing to construct an extension of the stub street E. Trevino Drive
which is located to the east of this site in the Berkshire Estates Subdivision. The roadway
will be constructed as a 29-foot wide street section within 50-feet of right-of-way. A
circular roadway located at the southern end of the street will act as a turn-around for
vehicles traveling west on E. Trevino Drive.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
The 530-foot long (approximately) roadway will terminate in a cul-de-sac within a 50-foot
radius right-of-way. The cul-de-sac length exceeds the City's maximum length of 500-
feet.
Curbs, gutters and sidewalks:
The applicant is proposing 4-foot wide detached sidewalks separated from the curb by a 5-
foot wide landscape strip on both sides of the street.
Lighting:
Location and lighting specifications shall be provided to the City Zoning Administrator
prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
A sidewalk is proposed which provides a pedestrian connection from the end of N.
Berkshire to the existing sidewalk abutting Floating Feather Road.
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Q.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUlSmONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - Yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: Comments within the Engineer's letter dated, February 13, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Joint School District No.2
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Three" (up to
three units per acre maximum).
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.
The Comprehensive Plan Transportation / Pathway Network Map shows a pathway along
the western boundary of this site.
B.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
Section 8-2A-7 (J)(4)(b)
Any road designated as a minor arterial on the AP A Functional Street Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one-foot (1') vertical distance. If
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (I') for every thirteen feet (13') of additional buffer area added to
the fifty foot (50') wide buffer noted above.
.
Section 8-2A-7 (O)(l)(b)
Alternative Methods of Compliance:
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.
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c.
SUBDIVISION ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
ECC Section 9-3-2-1 (C)
Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-
de-sac or temporary cul-de-sac. A reserve street may be required and held in public
ownership.
.
ECC Section 9-3-2-1 (G)(1) CUL-DE-SAC STREETS, states in part:
Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall
terminate with an adequate circular turnaround having a minimum radius of fifty feet (50')
of right of way.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-9 (C)(1)
Pressurized Irrigation Facilities: For any new subdivision and/or PUD, to be provided with
a public water system and containing more than four (4) lots, all residential dwelling units
within such subdivision 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.
D.
DISCUSSION:
.
This site is located within the R-3 zoning district which allows residential densities up to
3-units per acre. The applicant is proposing 2.8 units per acre.
.
The applicant has applied for an alternative method of compliance for the required 50-foot
wide landscape buffer abutting Floating Feather Road. The proposed buffer is designed to
be a minimum of 17-feet in width as measured between the new right-of-way line and
proposed easement line located in front of the existing house, (which is proposed to
maintain a driveway access to Floating Feather Road). The requirement for the 50-foot
wide buffer would essentially extend the easement line through the front of the existing
house, thereby interfering with the full function of the residence as well as the buffer area
itself. Also, the abutting parcels to the east and west have buffer areas with minimum
widths that are not in compliance with Eagle City Code.
The buffer area has been calculated to be included within the required ten-percent (10%)
open space. Regardless of whether the reduction in buffer width is approved, the question
still remains with the location of the house in relation to the easement line. After the
buffer has been installed, its function as screening from Floating Feather Road will be
satisfied, yet the use as open space may not be fully actualized. It may appear that the
buffer area will act as more of a front yard for the existing house and thus discourage
residents from using the space. In addition, the resident of the existing house may feel
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uncomfortable with people congregating fifteen-feet from their front door. Conversely, the
buffer area may be construed to be exactly that, a screening from incompatible features
rather than as an area for multiple activities. Therefore, in order to provide for the dual
functions of screening and open use of the area, the easement line surrounding the existing
house should be more clearly defined, through the installation of landscaping or decorative
fencing by the applicant.
.
Eagle City Code Section 9-3-2-1 (C) requires that a stub street be provided to abutting
parcels that are not subdivided to make provisions for the future extension of said street.
The parcel to the south has three stub streets abutting its boundaries, one of which is
approximately 300-feet to the east of this site. If N. Berkshire were to be extended as a
stub street to the southern property line, a block of less than 500-feet in length would be
created which is not allowed under ECC Section 9-3-4. Because the parcel to the south
has existing stub streets and to avoid creating an "island" of lots surrounded by roadway
on all sides, the requirement for a stub street in this location should be considered to be
waived.
.
The applicant has proposed the construction of a cul-de-sac (N. Berkshire Place) with a
length of approximately 530-feet, 30-feet longer than the 500-foot maximum. The site has
constraints on all sides of the parcel, limiting access to and through the site. To the north,
ACHD has denied access to Floating Feather Road (other than the existing house
driveway) because the site does not meet the required offset between intersections. To the
west is a private lane that serves the parcel to the south and which the owner of said parcel
has denied the applicant access to the lane (nor would it have sufficient right-of-way to
provide a public road. To the east is a stub street which the applicant is taking access from
(E. Trevino Court), and a second street (E. Alpomado Court) which abuts the eastern
parcel line. The western terminus of E. Alpomado does not have sufficient right-of-way to
provide a street connection to this parcel unless the western most parcels abutting
Alpomado were to dedicate sufficient right-of-way for the extension. A variance to the
roadway length may be considered by the Council if the applicant applies for said variance
and the highway district and Fire Department having jurisdiction approve of the street
configuration. In the event a variance application in not provided by the applicant and
approved by the City, then the maximum cul-de-sac length should be reduced to a
maximum of 500-feet prior to submittal of a final plat application.
.
The applicant has requested a waiver for the installation of a pressurized irrigation system
due to insufficient water rights. The applicant has stated a full engineering report is being
prepared to address the issue. The applicant should provide documentation to verify the
lack of sufficient water rights prior to the approval of a final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on March
19, 2001, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
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B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five (5) individuals with concerns regarding increased traffic on Falling Water Way within
Berkshire Estates Subdivision; street light glare on surrounding properties; installation of a solid
fence to prevent people from trespassing onto farm land to the south and the private lane abutting the
western boundary; additional concerns regarding connector streets between this development and
existing subdivisions surrounding this site; headlights from cul-de-sac traffic on surrounding
properties; safety of children on roadways; landscaping and fencing in the common area, and the
existence of an easement abutting the eastern boundary.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt the plan was better than a weed field and encouraged the construction of single
story houses on the western lots of the subdivision to protect views.
COMMISSION DECISION:
The Commission voted 3 to 2 (Bloom, Nordstrom against) to recommend approval of PP-I-0 I for
a Preliminary Plat for Yorkshire Acres Subdivision for Robert DeShazo Jr.IBerkshire West with
the following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with strike-thru to be deleted by the Commission and text shown with
underline to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated February 13,2001.
2. To comply with the waiver request for pressurized irrigation as outlined within Eagle City Code,
provide engineering reports to verify the lack of sufficient irrigation water rights to be reviewed and
approved by the City Engineer, prior to City Council approval of the preliminary plat.
3. The existing barn located on Lot 4, Block 2 shall be removed prior to the City Clerk signing the final
plat.
4. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally located on each side lot line. The trees shall be
located in a landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the
final plat for each phase, the applicant shall either install the required trees, landscaping, and irrigation
or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and
irrigation improvements within the 5-foot wide landscape strip. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
5. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 50-foot wide buffer area (unless an alternate
method of compliance is approved by the Board) along Floating Feather Road abutting this site for
review and approval by the Design Review Board prior to City approval of a final plat. The alternative
method of compliance for the buffer is recommended in order to conform and provide consistency with
the subdivisions to the east and west.
6. Provide plans for Design Review Board review and approval to install landscaping or fencing to
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separate the buffer area easement from the front yard of the existing house on Floating Feather Road.
7. Provide a copy of the subdivision CC&R's showing the installation and maintenance requirements for
the proposed street trees. The CC&R' s shall be reviewed and approved by staff prior to the City Clerk
signing the fmal plat.
8. Useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball fields and/or
similar amenities shall be provided within the open space areas. Landscape plans showing open space
amenities shall be reviewed and approved by the Design Review Board.
9. The drainage area (Lot I, Block 1) shall be planted with native materials, grasses or other vegetation
that would eliminate weeds from that area of the development. Subsurface drainage is encouraged that
will allow recreation to occur on the lot. Specific plantings and amenities shall be reviewed and
approved by the Design Review Board prior to City approval of a final plat.
10. All existing, healthy trees (as determined by a certified arborist) located on the site shall be preserved
unless removal is approved by the Design Review Board.
11. The applicant shall construct all sidewalks abutting N. Berkshire Place to be a minimum of 5-feet in
width, as stated in the ACHD Staff report dated February 23,2001.
12. Revise the plat to change the measurement on the eastern lot line of Lot 1, Block 2 to the correct scale
measurement (property line measures more than the indicated 102.51-lineal feet).
13. Revise the cul-de-sac length to a maximum of 500-lineal feet unless a variance is applied for and
approved by the Council, Eagle Fire Department and Ada County Highway District.
14. Provide a stub street to the southern parcel line for the future extension of the street unless this
requirement is waived by the Council and approved by the Eagle Fire Department.
15. Designate on the plat that direct lot access or right-of-way access from N. Berkshire to the private lane
abutting the western portion of this subdivision is prohibited.
Hi. If the Cmmeil àetæ:æiBes that a pathway alØRg the v.'estØfB bOl:ißdary of this site (as depicted OR the
TfaRsportatioBJPathway Network Mat' 1t1 as aàoflted BY the City øf Eagle OR No\'eæeer 9, 1999) is
røElHi:r-ed tflØB the af'plieaBt shall coRstrnet a 10 foot wide pat.fiwa-y/gFeØBBelt aloRg the v:estern
bo\:lRdary liRe ef the saèdivisioR. This Commission envisions that the future route of the proposed
pathway will be located within the existing private lane abutting: the western boundary of this
subdivision. At the point in time when the parcel to the south (which uses the private lane for access)
redevelops, the new subdivision should be required to accommodate the pathway as depicted on
TransportationlPathway Network Map #1 of November 9. 1999. The condition to construct a pathway
shall not be a burden on this current application.
17. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
18. The applicant shall install solid fencing along the southern and western boundaries of the subdivision.
The fence along the western boundary shall extend from the southern boundary north to a point
aligned with the northern tip of the proposed cul-de-sac. The remainder of the fence shall be
constructed with an open pole design and travel north to the right-of way line of Floating Feather
Road. Fencing plans shall be reviewed and approved by the Design Review Board.
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19. Place a note on the final plat that states the property to the south of this subdivision has an established
right to farm, as stated in Idaho Code.
20. The Design Review Board shall review the impact of street lighting of the subdivision to determine if
the applicant is to install light shielding or alternative stvle of fixture to restrict the volume of light
descending upon the neighborhood to the west.
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 (B.C.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
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12.
13.
14.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has rust 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
fmal plat.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fue hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fue area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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.
b.
c.
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20.
21.
22.
23.
24.
d.
The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
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25.
26.
27.
28.
29.
30.
31.
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the [mal plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on January 23, 2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on March 3, 2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on February 28, 2001. Requests for agencies' reviews
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were transmitted on October 18, 2000 in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-I-01) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation of R-3 (Residential); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with central sewer to be served from Eagle Sewer
District and will use public water to be served from Eagle Water Company. Fire
protection will be available from the Eagle Fire District and fife hydrants will be
provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public fmancial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
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DATED this 2nd day of April 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
'.
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