Findings - PZ - 2001 - PP-5-01 - Pp Approval For Autumcrest Subd/39.92 Acre/20-Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR AUTUMNCREST
SUBDIVISION FOR PACIFIC RIDGE
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-5-0l
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on September 10, 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:
Pacific Ridge, represented by David Bailey with Hubble Engineering Inc., is requesting
preliminary plat approval for Autumncrest Subdivision. The 39.92-acre, 20-lot (19-
buildable) residential subdivision is generally located on the west side of Ballantyne Road,
approximately 114 mile south of Beacon Light 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 6S, 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 6S, 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.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-2-01 & RZ-S-Ol [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».
Page 1 of 15
K:\Planning Dept\Eagle Applications\SUBS\200 1 \Autumncrest pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TlON DESIGNA TION
Existing Residential Estates (I-unit RUT (Residential) Residence/Agriculture
per 2-acres maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (I-unit RUT (Residential) Residential
per 2-acres maximum)
South of site Residential Estates (I-unit R-E (Residential) Tahoe Ridge Residential
per 2-acres maximum) Subdivision
East of site Residential Estates (I-unit R-E (Residential) Residential
per 2-acres maximum)
West of site Residential Estates (I-unit RUT (Residential) Residential
per 2-acres maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 39.92
Total Number of Lots - 20
Residential - 20
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units-
Single-family - 19
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
Page 2 of IS
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
- - ----------------------------------
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 0.47-units per acre I-unit per 2-acre maximum
Minimum Lot Size 73,6O3-square feet (l.69-acres) 78,408 S.F. (1.8-acres)
Minimum Lot Width 198-feet (approx.) 1O0-feet
Minimum Street Frontage 38-feet (approx.) 35-feet
Total Acreage of Common Area 1.0 I-acres O-acres
Percent of Site as Common Area 0.25% 0%
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 .25% 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:
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.
Page 3 of 15
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
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 all internal roadways as 33-foot street sections with
concrete shoulders and abutting borrow ditches within SO-feet of right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than SOO': None
Cul-de-sac Design:
One cul-de-sac is proposed to be constructed 480-feet in length and terminate within a
radius of SO-feet of right-of-way.
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, is required for both sides of the interior streets.
Lighting:
Lighting for the proposed 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 CIRCULA nON:
Pedestrian Walkways:
Striped bike and pedestrian walkways are required by the Ada County Highway District
within the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle path way 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:
Page 4 of 15
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
"- "- -"""-"- ---"-"-"--"--"---"
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 - existing ditch to be tiled
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 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 24, 2001 are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
New Union Ditch Company
Q.
LETTERS FROM THE PUBLIC:
Letter from Lisa Szentes, 2593 W. Brockton Court, date stamped July 30,2001.
STAFF ANALYSIS:
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.
B.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
Section 8-2-4 (H)
states that all lots with street side frontage shall have a minimum
Page 5 of 15
K:\Planning Dept\Eagle Applications\SUBS\200 1 \Autumncrest pzf.doc
----------..- .-. ._-~ --- - ----
lot area that is 10 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 berrning/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 (3S') 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 (S) 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 (SO%) ofthe shade trees are substituted.
A minimum five foot (S') 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 (S') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to
the thirty five foot (3S') wide buffer noted above.
e.
SUBDIVISION ORDINANCE PROVISIONS wmCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
.
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
Page 6 of IS
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
street may be allowed.
.
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:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates (one-
unit per two-acres maximum). The applicant is proposing .47-units per acre.
.
The applicant should provide a landscape plan showing berming, fencing, and planting
details within the required 35-foot wide buffer area along Ballantyne Road abutting this
site for review and approval by the Design Review Board prior to City approval of a final
plat.
.
The proposed Lot 5, Block 1 (located in the northwest comer of this parcel) is noted on
the preliminary plat as a non-buildable lot. The applicant intends to either sell the
proposed Lot 5 to the property directly to the north (located in Kensington Meadows
Subdivision) or, if this land transaction fails to occur, Lot S will be incorporated into the
abutting Lots 4 and 6, Block 1. This preliminary plat proposes to create a non-conforming
lot because Lot 5 (1.69-acres) does not meet the minimum lot size requirement of 1.8-
acres. In addition, the preliminary plat proposes to create Lot 5 as a piece of land that is
"land-locked", that is; no access to a public right-of-way is provided.
A property boundary (lot line) adjustment should have occurred prior to the submittal of
an application for a preliminary plat if the applicant desired to sell the parcel to an abutting
property owner. Staff believes that a preliminary plat cannot be approved with a lot that
is "landlocked" and does not meet minimum area requirements, thereby creating a non-
conforming lot.
Therefore, the applicant should provide a revised preliminary plat that either incorporates
Lot 5 into the abutting lots within this subdivision or reconfigure the lot to provide both an
area that meets the minimum required lot size and provides access to the public right-of-
way.
.
Two proposed lots (Lots 9 and 10, Block 2) are approximately two-feet smaller than the
required minimum lot size within an R-E zoning district. The applicant should provide a
revised preliminary plat which shows these two lots (as well as all lots within the
subdivision) as meeting the required minimum lot size of 78, 408 square-feet (1.8-acres).
.
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 "comer 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
Page 7 of IS
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
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.
.
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.
.
The Ada County Highway District in its Commission report dated June 28,2001 prohibits
any direct parcel or lot access to Ballantyne Road. Lot 3, Block 2 is proposed to access
Ballantyne Road directly rather than through the subdivision. Therefore, the applicant
should revise the plat to provide access to Lot 3, Block 2, through the internal roadway
system of the subdivision rather than directly to Ballantyne Road.
.
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 I.S-acres in size or greater.
The applicant should be required to 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 should
include pedestrian designation markings such as diamonds or pedestrian/bicycle symbols
to be included with the striped areas.
.
An un-platted parcel abutting the southwest comer of this proposed subdivision currently
accesses public right-of-way via a 2S-foot wide strip of land between the parcel's eastern
boundary and Ballantyne Road. The majority of this strip of land is to be purchased and
incorporated into the proposed Autumncrest Subdivision, except for the western 300-feet
of the strip. This remaining strip is proposed to be widened to SO-feet and will serve as
an access to the un-platted parcel from the proposed roadway labeled Yellow Birch
A venue.
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
September 4, 2001, at which time testimony was taken and the public hearing remained open. The
Commission continued this matter until September 10, 2001, received additional testimony, closed the
public hearing and made their recommendation at that time.
Page 8 of 15
K:\Planning Dept\Eagle Applications\SUBS\2001 \Autumncrest pzf.doc
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals with concerns regarding the loss of the "country feel" that 2-acre parcels and
higher density will create; incompatibility with existing 5-acre lots surrounding this site; overcrowded
schools; water rights and traffic counts.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt 2-acre parcels are more manageable than 5-acre parcels and that irrigation water
is sufficient all year.
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. 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 3 to 1 (Bloom against) (Deckers absent) to recommend approval of PP-5-
01 for a preliminary plat for Autumncrest Subdivision for Pacific Ridge 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 July 24,2001.
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 Ballantyne Road abutting the
site.
4. Revise the preliminary plat to either incorporate Lot 5, Block 1 into the abutting lots within this
subdivision or reconfigure the lot to provide a minimum lot area of 1.8-acres and access to the public
right-of-way.
5. Revise the preliminary plat to change Lots 9 and 10, Block 2, to measure a minimum of 78,408 square-
feet (1.8-acres).
6. 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.
7. 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.
8. Revise the coRfiguratioR øf Lot 3, Block 2 to pro'lide access from the iRtemal street system of the
Page 9 of IS
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
sübdivisioR. Direct lot access to BallantYRe Road is 13rohibited.
9. Provide a revised 13r-eliminary 131at that elimiBates .Nate tt9 to elimiRate the statemeBt that Let 3, Block
2 shall have access to BallaRt)'Re Road. The Rote shall state that RO lot or 13arcel shall have direct
aceess ta Ballant)'Be Road, 13ÐrsHant to tHe r-eqüiremeats of the .^.da CoHnty Highway Distriet.
10. All existing buildings located on Lot 3, Block 2 which are situated upon or within 5-feet of the
proposed lot lines shall be removed or the lot lines reconfigured to incorporate the buildings, prior to
the City Clerk signing the final plat.
11. Provide a revised preliminary plat that changes the width of the easement on plat Note #1 to 12-feet.
12. Revise Note # 11 on the plat to replace the words "Eagle City Council" with the words "Zoning
Administrator" in reference to approval of street light location.
13. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
required 35-foot wide buffer area along Ballantyne Road abutting this site for review and approval by
the Design Review Board prior to City approval of a final plat.
14. 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.
15. Place a note on the plat which states that the 35-foot wide buffer area abutting Ballantyne Road is to be
located within a common 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
lot.
16. 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.
17. 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".
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 (1.e. Title 50, Chapter 13 and 1.e. 39-118).
Page 10 of 15
K:\Planning Dept\Eagle Applications\SUB S\200 1 \Autumncrest pzf.doc
5.
6.
7.
8.
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.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.e.e. 9-20-8.4)
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
Per Idaho Code, Section 31-380S, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has flrst 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
Page 11 of IS
K:\Planning Dept\Eagle Applications\SUBS\200 1 \Autumncrest pzf.doc
13.
14.
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 flre hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO 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.
IS.
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.
Page 12 of 15
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
18.
19.
20.
21.
22.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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.
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.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
2S.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-S (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
Page 13 of 15
K:\Planning Dept\Eagle Applications\SUBS\2001\Autumncrest pzf.doc
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on 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.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-5-01) 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-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
Page 14 of IS
K:\Planning Dept\Eagle Applications\SUBS\200 1 \Autumncrest pzf.doc
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 financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
DATED this 1st day of October 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~iL ¡q/'/Ol
John Franden, Chairman 5,,~ Ù.¿ztc~.5
'~...~
~ 0' Jt.t (}
(j~.' /""", :(~. .
tJ¡ ~fOR..,. \
c..° 4' .
*[ ..ËÃI)*I
\~.. ~.c(.~9J
'!.~ Of ~~
", ~(~...,..tI
ATTEST:
Page 15 of 15
K:\Planning Dept\Eagle Applications\SUBS\200 1 \Autumncrest pzf.doc