Findings - CC - 2001 - PP-6-01 - Cavallo Estates/61.94 Acre/33 Lot
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR CA VALLO
ESTATES SUBDIVISION FOR JOE GLAISYERI
CAPITOL SECURITIES
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-6-01
The above-entitled preliminary plat application came before the Eagle City Council for their action on
November 13, 2001. The Eagle City Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Joe Glaisyer/Capitol Securities, represented by David Bailey with Hubble Engineering
Inc., is requesting preliminary plat approval for Cavallo Estates Subdivision. The 61.94-
acre, 33-lot (30-buildable) residential subdivision is generally located on the northwest
corner of Floating Feather Road and North Meridian Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 31,2001.
e.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on July 21, 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 July 21,2001. Requests for agencies' reviews were transmitted on June 1,2001,
in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 27, 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 October 24,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-3-01 & RZ-6-01 [Rezone upon Annexation from RUT- (Ada
County designation) to R-E -- Residential Estates - (up to one unit per 2-acres
maximum)] & ZOA-4-01 (Zoning Ordinance Amendment to exempt lots with street side
frontage located within zoning districts A, A-R, R-E and R-l from the required minimum
lO-percent increase in lot area as referenced in ECC 8-2-4 (H».
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Estates (I-unit RUT (Residential) Residence/Agriculture
per 2-acres maximum)
Proposed No Change R-E (Residential-Estates) Residential Subdivision
North of site Residential Estates (I-unit RUT (Residential- Ada Residence/Agriculture
per 2-acres maximum) County designation)
South of site Residential One (I-unit per RUT (Residential- Ada Residences/Agriculture
acre maximum) County designation)
East of site Residential Estates (1-unit RUT (Residential- Ada Residential
per 2-acres maximum) County designation)
West of site Residential Estates (I-unit RUT & Rl (Residential- ResidentiaV Agriculture
per 2-acres maximum) Ada County designation)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 61.94
Total Number of Lots - 33
Residential - 30
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units -
Single-family - 30
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre 0.48-units per acre I-unit per 2-acre maximum
Minimum Lot Size 78,396-S.F. (1.79-acres) 78,408 S.F. (1.8-acres)
Minimum Lot Width I 54-feet (approx.) I OO-feet
Minimum Street Frontage 64-feet (approx.) 35-feet
Total Acreage of Common Area .31-acres O-acres (not including buffer
area)
Percent of Site as Common Area 0.5% 0% (not including buffer area)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
Open Space:
Will provide a total of .5% common area within the interior of the subdivision. 0%
common area is required for this zoning district.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
Mature trees are existing on site. Design Review Board approval is required prior to the
removal of any trees from the site.
Preservation of Existing Historical Assets:
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The City 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 to construct all internal roadways as 33-foot street sections with concrete
shoulders and abutting borrow ditches within 50-feet of right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Two cul-de-sacs are to be constructed with the flfst to be 150-feet in length and the second
to be 860-feet in length. Both will terminate in a turnaround within a radius of 50-feet of
right-of-way. ECC Section 9-3-2-1 (G) (2) allows for developments in R-E zoning
districts to have a maximum cul-de-sac length of 1,500 linear feet.
Curbs, Gutters and Sidewalks:
Curbs and gutters are not proposed, however, a one foot wide concrete ribbon curb and a
four-foot wide striped non-motorized travel lane, which meets Ada County Highway
District standards, are required on either side of the interior streets.
Lighting:
Lighting for the public streets is required. Location and lighting specifications shall be
provided to the City Zoning Administrator prior to the City Engineer signing the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Striped bike and pedestrian walkways are required by the Ada County Highway District
within this subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
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Areas of Critical Environmental Concern - no
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-unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A
complete environmental assessment plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated July 25, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Equality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
New Union Ditch Company
Q.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Estates", suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
9.5
Pathways And Greenbelts
Pathways are non-motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
9.5.1
Goal
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To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e.
All development should provide developed pathways for connection to Eagle's
public pathway system and/or adjoining development's public pathway system.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2-4 (H) states that all lots with street side frontage shall have a minimum lot area
that is ten-percent larger than shown in the table.
.
Section 8-2A-7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for 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 required buffer area width,
plantings, and fencing are as follows:
Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
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, 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
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e.
D.
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') minimum height requirement for the benning/fencing shall be permitted
to be decreased one foot (I') for every thirteen feet (13') of additional buffer area added to
the thirty five foot (35') wide buffer noted above.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-6 A
Sidewalks shall be required on both sides of the street; except, that where the
average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed.
.
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.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates (one-unit
per two-acres maximum). The applicant is proposing A8-units per acre.
.
The applicant should provide a landscape plan showing benning, fencing, and planting details
within the required 35-foot wide buffer area along Floating Feather Road and Park Lane
abutting this site for review and approval by the Design Review Board prior to City approval
of a final plat.
.
Eagle City Code requires that all lots with street side frontage shall have a lot size that is a
minimum of ten-percent larger than the minimum required within the applicable zoning
district. In this instance, the minimum lot size for the proposed "corner lots" would need to be
86,249 square-feet. The proposed ordinance amendment ZOA-4-01, if approved, would
exclude lots within an R-E zone from having to meet this aforementioned requirement.
Therefore, the applicant should provide a revised preliminary plat that shows all lots with
street side frontage to be a minimum of 86,249 square-feet unless the proposed zoning
ordinance amendment ZOA-4-01 is approved by the City Council.
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.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling within the Chevron Pipeline easement that intersects this parcel.
The applicant has shown on the preliminary plat a route for the pathway that does not follow
the pipeline route but rather travels along the internal roadway system, extending from
Floating Feather Road to Park Lane. The major obstacle to constructing the pathway within
the pipeline easement is the existing subdivision (Lorenzo Estates) located at the northwest
corner of this parcel. It may not be considered feasible to construct a pathway which crosses
three platted and improved lots. The applicant has shown an alternative pathway
configuration that may still serve the intent of providing a connection to the ultimate City-wide
pathway system even though it does not follow the exact recommended location as delineated
on the TransportationlPathway Network Map.
A portion of the pathway is shown within a lO-foot wide common lot while the remainder is
shown abutting Floating Feather Road within the 35-foot wide buffer area. For the portion of
the pathway that is not located within the common lot, a lO-foot wide easement should be
provided. Since it is expected that the required meandering 5-foot wide concrete sidewalk
abutting Floating Feather Road would be located in the same general vicinity as the proposed
pathway, the concrete sidewalk may be considered adequate to function as part of the pathway
network. Staff will defer the location of the pathway and easement to the Commission and
City Council.
.
Upon review for verification of lot sizes and dimensions, staff has discovered multiple
discrepancies that should be addressed by the applicant. For example, proposed Lot 1, Block
2, has side lot line dimensions that appear to measure approximately 2-feet shorter than is
labeled on the plan. Also, Lot 15, Block 5, has dimensions labeled that when multiplied, the
sum is greater than what is the stated lot size on the plat (78,580 square-feet versus 78,409
square-feet). Because of these discrepancies, staff cannot verify that the proposed lots meet
the minimum lot area required for this zone. The applicant should provide a revised
preliminary plat which accurately reflects all dimensions and stated lot areas within the
subdivision.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City Code.
The applicant should provide a plan delineating the pressurized irrigation prior to city approval
of the final plat.
.
In previous action, the City Council has required that buffer areas should be located within a
common lot to be owned and maintained by the homeowner's association, and stated as such
on the plat. The applicant should provide a revised preliminary plat that shows the buffer area
located within a common lot with a note stating it is to be owned and maintained by the
homeowner's association.
.
Regarding sidewalks for this site, the City Council has previously determined that for
subdivisions with I-acre or larger lot sizes, 4-foot wide bike/ pedestrian pathways striped
along either edge of the roadway provides adequate room for pedestrian access throughout
these types of subdivisions. In addition, ACHD requires that the developer stripe a 4-foot
wide section on both sides of the roadway edge for bike/pedestrian use in subdivisions with lot
sizes 1.5-acres in size or greater.
The applicant should be required to submit with the final plat a striping plan showing a 4-foot
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wide path striped on both edges of all roadways within this site. The plan should include
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols to be
included with the striped areas.
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 August
13,2001 and was continued to September 17, 2001, at which time testimony was taken and the public
hearing closed. The Commission continued this matter until October 1, 2001, received additional
information, and made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by five (5) individuals with concerns regarding the 2-acre parcels and higher density they will create;
road alignment and the need for a design to mitigate headlight glare; dust abatement and weed control;
irrigation water and the effects on existing wells; and the amount of traffic that would be generated by
the development.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals who felt the developer performs quality work, and two acre parcels are more
manageable in regards to weed control and irrigation.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by seven (7) individuals with concerns regarding increased traffic; increased demand on
schools and other services; change in rural character and integrity of the City; and the incompatibility
of two-acre lots with the existing 5-acre lots surrounding this site.
E. Written testimony in favor of this proposal was presented to the Planning and Zoning Commission by
seven (7) individuals who felt the design of the subdivision was well laid out; two-acre lots are more
manageable than five-acre lots; the owners of the land sold for this development deserve the rewards of
selling the property; and feel confident that irrigation issues will be adequately addressed.
F. A petition signed by fifty-five (55) individuals in opposition to this proposal was presented to the
Planning and Zoning Commission.
COMMISSION DECISION:
The Commission voted 2 to 1 (Nordstrom against) (Franden absent) (Cadwell abstained) to
recommend approval ofPP-6-01 for a preliminary plat for Cavallo Estates Subdivision for Joe
Glaisyer / Capitol Securities with the following staff recommended site specific conditions of
approval and standard conditions of approval with text shown with strike-tbru to be deleted by the
Commission and text shown with underline to be added by the Commission.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 13, 2001, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
e. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve PP-6-01 for a preliminary plat for Cavallo
Estates Subdivision for Joe Glaisyer / Capitol Securities with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with text shown with strike-thru to be deleted by the Council and text shown with
underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks.
3. Construct a 5-foot wide (minimum) meandering concrete sidewalk along Meridian Road, Floating
Feather Road and Park Lane abutting the site.
4. Place a note on the plat which states that the 35-foot wide buffer areas abutting Floating Feather Road
and Park Lane are to be located within an easement COffilBOB lot to be owned and maintained by the
homeowner's association. Provide a statement in the CC&R' s that one homeowners association in
perpetuity shall maintain the common lots.
5. Provide a revised preliminary plat that changes the utility easement width (as stated in Note #1) to a
minimum of 12-feet wide.
6. Provide a revised preliminary plat that changes the easement widths of side lot lines (as stated in Note
#2) to a minimum of 6-feet wide on either side of the lot line. Revise the rear lot utility easement to a
minimum of 12-feet wide.
7. Revise the preliminary plat to accurately reflect all dimensions and stated lot areas within the
subdivision to measure a minimum of 78,408 square-feet.
8. Proviàe a Feviseà pr-eliHHaary plat that shows all lots with skeet siàe froatage to be a HHaifBufB of
g~,249 squar-e feet unless the profloseà zoning oràiaaBee amendœeBt ZO.^. 4 01 is approveà by the
City COUBeil.
9. The applicant shall provide a plan delineating a pressurized irrigation system to serve all lots within
the subdivision prior to city approval of the final plat.
10. Provide a revised preliminary plat that changes Note #7 to omit the "Ada County Development
Services" review of on site drainage and add the "City Engineer".
11. Construct a minimum 6-foot wide asphalt pathway within the Chevron Pipeline easement as generally
depicted on the City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network Map #1
of 2. The path shall commence from Floating Feather Road northerly along the Chevron Pipeline
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easement (abutting the northern edge of Lot 2, Block 3) to Selvaggio Way. The path shall then follow
Sella Way westerly to its western terminus to travel along the southern edge of Lots 1,2 and 3, Block 1,
to Park Lane.
12. If the ComæissioB æul City Cmmcil approve the alteœate pat-Rwa-y coBfigüFatioB as ShOWB OB tae
prelimiBary plat <:late stalBf'eEl JaBe 19, 2001, t:ReB for the For any portion of the pathway (as required
in #11 above) not located within a common lot, provide a lO-foot wide pedestrian easement on the
final plat. f-or t:Re æiBiæüæ é foot wiEle asphalt peElestriaø. patlnva-y as showB OB the preHæiBary plat.
~ If the CommissioB aø.El City CøaBeil approve t:Re altem.ate pathv¡ay eoBfigaratioB as saO'.'/B OB tae
preliæiBary plat Elate staæfJeEl JüBe 19, 2001, taeB Revise Note #6 1 on the plat to include add
language that requires Homeowner's Association ownership and maintenance of the pedestrian
pathway/ pathway easements. t8at t88 19 feet '::it!a i!aøaIR8Bt f8r 188 fii f88t '::it!8 l'atß.':. a~' iø te 08
8'::Bat! aRt! æaiR1ø.æa8 oy .a II8Hl88'::Bi!r' B AflflBi!iati8B.
14. 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.
15. Construct a temporary turnaround at the northern terminus of the stub street (Caretto Avenue) abutting
the northern boundary of this subdivision. Comply with all design requirements and construction
standards as required by the Ada County Highway District and applicable Eagle City Codes.
16. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
17. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
required 35-foot wide buffer areas along Floating Feather Road and Park Lane abutting this site for
review and approval by the Design Review Board prior to City approval of a final plat. The
landscaping and berm along Floating Feather Road and Park Lane shall be installed prior to the
issuance of any occupancy permits within the subdivision.
18. Extend the landscaping within the buffer areas along Floating Feather Road. Meridian Road. and Park
Lane to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of
pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel
shoulder area shall be maintained and kept free of weeds and debris.
19. Submit, with the final plat, a striping plan showing a 4-foot wide path striped on both edges of all
roadways within this site. The plan shall include pedestrian designation markings such as diamonds or
pedestrianlbicycle symbols to be included with the striped areas.
20. Provide a revised preliminary plat which reconfigures the intersection of Fieno Way and Meridian
Road to the south to property line between the Gilbertson and Schroeder properties to mitigate the
effects of vehicle headlights shining upon the Shroeder residence on the east side of Meridian Road.
21. Provide a revised plat showing a 25-foot wide buffer located within an easement along Meridian Road
abutting this site. Place a note on the plat stating the easement is to be maintained by the homeowner's
association. Provide a statement in the CC&R's that one homeowners association in perpetuity shall
maintain the easement.
22. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
25-foot wide buffer area along Meridian Road abutting this site for review and approval by the Design
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Review Board prior to City approval of a final plat.
23. The applicant shall provide a letter from the Ada County Highway District clarifying what
improvements, if any, are required on Meridian Road abutting this site.
24. All lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
pollution.
25. Plaee a note on the plat generally stating that the owners withiB this sl:lbdivisioÐ fØCJognize the
importaHce of sharing irrigatioB water aHd aeeomæoclatioB of all I:lsers on tlIe irrigatioB lateral.
Provide a lateral water users agreement addressing the location of water for each user for review and
approval by the City Attorney prior to the City Clerk signing the final plat. The lateral water users
agreement shall be recorded in the Ada County Recorder's office prior to the City Clerk signing the
final plat. The instrument number and a note referencing this agreement shall be placed on the face of
the final plat.
26. The borrow ditches along both sides of the roadways within this subdivision shall have a maximum
slope of 4: 1 and shall be planted with grass seed or sod and shall be maintained by the homeowners
association.
27. Provide a license agreement from ACHD approving the landscaping located within the public right-of-
way abutting the western. southern. and eastern boundaries of the site prior to the City Clerk signing
the final plat.
STANDARD CONDITIONS OF APPRO V AL:
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.e. Title 50, Chapter 13 and I.e. 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.e. 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.
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8.
9.
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.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has flfst been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the fmal plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
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14.
15.
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fife 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.
The proposed fife protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
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 Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
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21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
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 [mal plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
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Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on May 31, 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 July 21, 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 July 18, 2001. Requests for agencies' reviews were
transmitted on June 1,2001, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on October 27,
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 October 24, 2001.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-6-0l) 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-E (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,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by septic systems that must be approved by Central
District Health and will use public water to be served by the water company having
jurisdiction in that area. Fire protection will be available from the Eagle Fire District
and fITe hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
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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 [mancial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
DATED this 27th day of November 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou , Idaho
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