Findings - CC - 2002 - PP-13-01 - Countryside West/18.68 Acre/21 Lot/2800 W State St
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION)
FOR A PRELIMINARY PLAT FOR )
COUNTRYSIDE WEST SUBDIVISION)
FOR CAPITAL DEVELOPMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-13-01
The above-entitled preliminary plat application came before the Eagle City Council for their action on
March 12, 2002, at which time the public hearing was closed. 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:
Capital Development, represented by Steve Arnold with Briggs Engineering Inc., is
requesting preliminary plat approval for Countryside West Subdivision. The 18.68-acre,
21-10t (18-buildable, 3-common) residential subdivision is located north of State Highway
44, approximately V2 mile west of Ballanytne Road at 2800 West State Street.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 15,2001.
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 December 29, 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 December 21, 2001. Requests for agencies' reviews were transmitted on
November 16,2001, 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 February 23, 2002. 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 20,
2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-7-01 & RZ-12-01 [Annexation and rezone from RUT (Rural
Urban Transitional) to R-l (Residential one dwelling unit per acre) and rezone from A-R
(Agricultural Residential) to R-l (Residential one dwelling unit per acre)]
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one- RUT (Residential- Ada Residences/Pasture
unit per acre max.) County Designation) & A-
R (Agricultural-
Residential)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential One (up to one- R-l (Residential) Redwood Creek
unit per acre max.) Subdivision
South of site Residential One (up to one- RUT (Residential- Ada Residential/Agriculture
unit per acre maximum) & County Designation) & Rl
Residential Two (up to 2- (Residential - Ada County
units per acre max.) Designation) & A-R
(Agricultural-Residential)
East of site Residential One (up to one- RUT (Residential- Ada Residences/Pasture
unit per acre max.) County Designation) & A-
R (Agricultural-
Residential)
West ofsite Residential One (up to one- A-R (Agricultural- Residence/Pasture
unit per acre max.) Residential)
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 18.68
Total Number of Lots - 21
Residential- 18
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units -
Single-family - 18
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 0.96-units per acre I-unit per acre maximum
Minimum Lot Size 37,026-square feet 37,000 square feet
Minimum Lot Width 140-feet (approx.) 100-feet
Minimum Street Frontage 47-feet (approx.) 35-feet
Total Acreage of Open Space 0.66-acres O-acres
Percent of Site as Open Space 3.5% 0%
Percent of Site to be covered by 3.5% 10%
landscaping
I.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas, Landscape Areas, and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials/freeways and new residential developments.
Eagle City Code Section 8-2A-7 (B)(2) states that landscaping shall cover a minimum of
10% of the property for development (other than multi-family developments - 15%).
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 3.5% common area within the interior of the subdivision. 0% open
space as defined in Eagle City Code Section 9-1-6 is required.
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 l2-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:
Individual septic systems are not permitted in the R-l zoning district per ECC Section 8-2-
1.
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 to construct the majority of the internal roadways as 31-foot street
sections with concrete ribbon shoulders and abutting borrow ditches (sodded with no
greater than a 4 to 1 slope) within 50-feet of right-of-way. The eastern extension of
Andrea Street is to be constructed as a 31-foot street section with concrete ribbon
shoulders and abutting borrow ditches (sodded with no greater than a 4 to 1 slope) within
42-feet of right-of-way. Stub streets are to be constructed on both the eastern and western
boundaries of the property for future extension upon development of the abutting
properties.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
One cul-de-sac (Andrea Street) is to be constructed approximately 250-feet in length and
located within a turnaround with a radius of 45-feet. Eagle City Code Section 9-3-2-1 (G)
requires a minimum turning radius of 50-feet
Curbs, Gutters and Sidewalks:
The City of Eagle and the Ada County Highway District require that curb and gutter be
constructed abutting both sides of the internal roadways. Five foot (5') wide sidewalks
separated from the curb by a five foot (5') wide landscape strip is required by and City and
is in accordance with Ada County Highway District Policy 7204.4.7.
Eagle City Code Section 9-4-1-3 (A)(2) states that rolled curbs and gutters shall be
required on minor 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.
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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:
Pedestrian walkways have not been proposed within the subdivision. The 2000 Eagle City
Comprehensive Plan's TransportationlPathway Network Map #1 of 2 delineates the
location of a pathway abutting this parcel and adjacent to State Highway 44.
Section 8.6 (p) "Implementation Strategies" of the 2000 Eagle City Comprehensive Plan
states,
"Encourage sidewalks that are separated from the curb on all streets, except for
areas where Eagle City Code requires sidewalks to abut the curb and where existing
buildings, inordinate environmental impacts, or other impacts make setting the sidewalk
back infeasible. Meandering sidewalks should be required where space permits. A
planter strip of sufficient width for street trees between the sidewalk and roadway should
be required to provide a canopy effect over the roadways. The type of street trees used
should be those which have root systems that have proven to not cause sidewalk or curb
damage when in close proximity to such improvements."
Eagle City Code Section 9-4-1-6 (A) and (B) states:
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.
B. Pedestrian walkways, when required, shall have easements at least ten feet (10') in
width and include a paved walk at least five feet (5') in width.
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:
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
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Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - various species of birds were observed on site
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 January 2, 2002, are of special
concern (see attached).
Ada County Highway District
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Joint School District No. 02
United Water
Q.
LETTERS FROM THE PUBLIC: None received to date.
ANALYSIS:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
8.6 (p) Implementation Strategies
Encourage sidewalks that are separated from the curb on all streets, except for areas where
Eagle City Code requires sidewalks to abut the curb and where existing buildings,
inordinate environmental impacts, or other impacts make setting the sidewalk back
infeasible. Meandering sidewalks should be required where space permits. A planter strip
of sufficient width for street trees between the sidewalk and roadway should be required to
provide a canopy effect over the roadways. The type of street trees used should be those
which have root systems that have proven to not cause sidewalk or curb damage when in
close proximity to such improvements.
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
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
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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 8-2A-7 (J)(4)(c)
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:
c. Any road designated as a principal arterial on the AP A Functional Street Classification
Map and/or any freeway or expressway:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4)
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 ten foot (10') high, maximum twelve foot (12') 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'). Chainlink, cedar,
and similar high maintenance and/or unsightly fencing shall not be permitted.
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The ten foot (10') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every thirteen feet (13') of additional buffer
area added to the seventy five foot (75') wide buffer noted above. (Ord. 328,8-11-
1998)
.
Section 8-2A-7 (B)(2)
Landscaping shall cover a minimum of ten percent 10% of the property on all
other developments (other than multi-family developments - 15%).
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-1: MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this Title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said
provisions shall comply with the minimum design standards set forth in this
Chapter; provided, however, that any higher standards adopted by any highway
district, the Idaho Transportation Department or health agency shall prevail over
those set forth herein.
.
ECC Section 9-3-2-1 (G) CUL-DE-SAC STREETS, states in part:
Cul-de-sac streets shall terminate with an adequate circular turnaround having a
minimum radius of fifty feet (50') of right of way.
.
ECC Section 9-4-1-3 (A) (2) CURBS AND GUTTERS:
Rolled curbs and gutters shall be required on minor streets.
.
ECC Section 9-4-1-6 (A) & (B) SIDEWALKS AND PEDESTRIAN WALKWAYS:
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.
B. Pedestrian walkways, when required, shall have easements at least ten feet
(10') in width and include a paved walk at least five feet (5') in width.
.
ECC Section 9-4-1-7 BICYCLE PATHWAYS:
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.
.
ECC Section 9-1-6 RULES AND DEFINITIONS:
MINOR STREET: A street which has the primary purpose of providing access to
abutting properties.
D.
STAFF DISCUSSION PROVIDED WITHIN THE STAFF REPORT:
The applicant has proposed to construct the eastern section of Andrea Street as a 31-foot street
section within 40-feet of right-of-way. The Ada County Highway District is requiring that the
right-of-way is to be a minimum of 42-feet with only a 29-foot wide street section to be
constructed. Because the ACHD requires only the 29-foot street section in this situation, the
.
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requirement for 50-feet of right-of-way may be considered unnecessary since the
improvements can be accommodated in the shorter width. This portion of Andrea Street
would terminate in a cul-de-sac and would not need to be extended further since a stub street
is to be provided to the east boundary line via West Sky Wood Street. In addition, the cul-de-
sac length is only 250-feet long (approximately) and will serve only four dwelling units.
Considering the aforementioned conditions, staff would recommend approval of this particular
design element. However, the applicant is proposing only a forty five-foot turning radius for
the cul-de-sac; Eagle City Code requires a fifty-foot radius. The applicant should revise the
plat to delineate a minimum of fifty-feet for the turning radius of the cul-de-sac.
.
The applicant has not proposed the construction of any curbs, gutter, sidewalks or pathways
within the subdivision. Eagle City Code Section 9-4-1-3 (A) (2) requires the construction of
curbs and gutters on minor streets and further, Eagle City Code Section 9-4-1-6 (A) requires
the construction of a sidewalk on only one side of the street where the average street frontage
of the lots is one hundred feet (100') or more, which would apply in this situation. The
applicant should provide a plan delineating the construction of curb and gutter and a 5-foot
wide concrete sidewalk on at least one side of all internal roadways, prior to the City
approving a [mal plat. It should be noted that if the Ada County Highway District requires the
construction of sidewalks on both sides of the streets, then the stricter requirement will apply.
.
The southeast comer of this parcel contains an existing house and is proposed to be
incorporated as a part of this subdivision (shown as Lot 6, Block 3). The dwelling unit will
not take access from the development but rather via an existing driveway onto State Highway
44. A safety concern arises since the driveway, if moved the maximum distance possible,
would only be approximately 380-feet from the proposed entrance into the subdivision. This
situation, in conjunction with the lID suggested requirement of the construction of a
deceleration lane, may pose as a conflict point to vehicles entering the deceleration lane to turn
into the subdivision with any vehicle attempting to exit the single-family dwelling unit's
driveway. On the converse, since the single-family dwelling unit would have a projected
traffic volume of ten vehicle trips per day, the potential conflict percentage may be considered
low. Because access to State Highway 44 is under the jurisdiction of lID, the applicant
should provide documentation from ITD approving of the single-family dwelling driveway
access onto State Highway 44. Otherwise, the developer should revise the preliminary plat to
provide access to Lot 6, Block 3 from the interior streets of the subdivision.
.
Eagle City Code requires that all buffer areas be located either within a common lot or within
an easement to be owned and maintained by the homeowner's association, and stated as such
on the plat. In previous action and to clarify the issue of whether the common lot or an
easement is more appropriate, the Council determined that in zoning districts exceeding R-l,
the buffer is to be within a common lot. In zoning districts of R-l, R-E, A-R and A, buffer
areas may be placed within an easement. In this instance the applicant has shown the buffer
abutting State Highway 44 within a sixty-foot (60') wide common lot, presumably with the
intent to place the remaining fifteen-feet (15') within an easement (this has not been shown on
the plat). Staff recommends the buffer area abutting State Highway 44 to be placed partly
within a common lot and easement (as suggested by the applicant) to be owned and
maintained by the homeowner's association, and stated as such on the plat. The letter from
ITD dated December 5, 2001 states that the applicant should donate fifteen feet (15') of right-
of-way in addition to the existing right-of-way of State Highway 44. Eagle City Code states
that a required buffer area (75-feet in this case) must not include right-of-way as part of the
measurement for the fulfillment of the buffer area. Because the right-of-way may not be
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dedicated until a future date, the easement line should be delineated on the plat at ninety-feet
(90') from the current right-of-way line in order that the buffer area will not be compromised
and its effectiveness reduced upon widening of the roadway.
The applicant has not delineated the buffer area in front of the existing dwelling located in the
southeast comer of the development (Lot 6, Block 3). The dwelling unit is located
approximately 40-feet from State Highway 44 and is proposed to maintain a driveway access
on to the highway. The requirement for the 7S-foot wide buffer would essentially extend the
easement line through the rear of the house, placing essentially the entire house within the
buffer. This may interfere with the full function of the residence as well as the buffer area
itself. Because the dwelling is proposed to be a part of the subdivision, it must adhere to all
rules and requirements of the subdivision, including buffer requirements. While it may be
physically impossible to extend the buffer through the house, this does not relieve the
applicant of providing the required buffer area. Eagle City Code permits the applicant to
apply for an alternate method of compliance for landscaping when certain conditions exist that
prohibit City ordinances from being fully complied with. Therefore, prior to the City
accepting a final plat application, the applicant should submit an alternate method of
compliance application for Lot 6, Block 3, to the Design Review Board for review and
approval of the buffer area abutting State Highway 44.
The applicant should provide a landscape plan showing berming, fencing, and planting details
within the required 7S-foot wide buffer area along State Highway 44 abutting this site for
review and approval by the Design Review Board prior to City approval of a final plat.
.
The Idaho Transportation Department's letter December S, 2001 states that the applicant
should construct a westbound deceleration lane and an eastbound left turn lane at the proposed
access from the subdivision onto State Highway 44. In order to provide safe and effective
vehicle travel, the applicant should provide a plan to the ITD for review and approval showing
a design which incorporates a deceleration lane and a left turn lane on State Highway 44 at the
entrance to this subdivision. The applicant shall provide a letter of acceptance of the plans
prior to the City Engineer signing the fmal plat.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling along the north side of State Highway 44 abutting this parcel. In
most applications, both the Ada County Highway District and the City of Eagle would require
the construction of a five-foot wide concrete sidewalk along the roadway abutting the site.
Since the pathway is designated to be in approximately the same location where a sidewalk
would be constructed, the pathway may be considered more viable than the sidewalk for the
eventual city-wide pathway network and should be constructed in its stead.
While no plans have yet been formalized, consideration should be given to the possibility of
State Highway 44 being widened at some point in the future. If the roadway were to be
widened then any pathway previously constructed would most likely need to be removed. In
order to avoid this situation, the pathway should be located in an easement within the required
buffer area abutting State highway 44. The City Council has previously required that regional
pathways (as in this case) should have easements at least fifteen feet (1S') in width and include
a paved asphalt walk at least ten-feet (10') in width. The applicant should provide a plan
delineating a lO-foot wide asphalt pathway through a IS-foot wide easement within the
required 7S-foot wide buffer area adjacent to State Highway 44.
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.
The City Council has previously required that residential subdivisions in zoning districts that
include and exceed one dwelling unit per acre to provide street trees in a five-foot wide (S')
parkway strip, located along the roadway and between the back of curb and a five-foot wide
concrete sidewalk. Chapter 8 of the 2000 Comprehensive Plan encourages the installation of
street trees in a planter strip adjacent to all streets to provide a canopy effect over the
roadways. The applicant should provide a landscape plan for review and approval by the
Design Review Board showing the installation of street trees abutting either side of the interior
roadways, prior to City approval of a final plat. The trees shall be placed between the back of
curb and sidewalk upon each common side lot line. If the Council approves a sidewalk for
one side of the street only, then the trees on the side of the street with no sidewalk shall be
placed within five feet of the roadway upon each common side lot line.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City Code.
The preliminary plat indicates that a connection may be made to the Countryside Estates
Subdivision irrigation system to the east of this site. Since a parcel under separate ownership
separates the two sites and because each subdivision must be able to stand alone (apart from
any other development), the two irrigation systems cannot be connected. The applicant should
provide a plan delineating the pressurized irrigation system which services (and is serviced by)
Countryside West Subdivision only, prior to City approval of the 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 January
14, 2002, at which time testimony was taken and the public hearing was closed. The Commission
continued this matter until January 28, 2002, proceeded to continue the item to February 4, 2002 and
made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals with concerns regarding the tiling of the irrigation ditch traveling southerly from
the north side of State Highway 44 and to ensure the water usage remains unencumbered, the need to
widen State Highway 44 to manage increasing travel demands and the need to provide safe and
adequate access to properties along State Highway 44.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant).
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by one (1) individual with concerns regarding the tiling of the irrigation ditch traveling
southerly from the north side of State Highway 44 and to ensure the water usage remains
unencumbered.
COMMISSION DECISION:
The Commission voted 3 to 0 (Fran den abstained, Nordstrom absent) to recommend approval of
PP-13-0l for a preliminary plat for Countryside West Subdivision for Capital Development with
the site specific conditions of approval and standard conditions of approval as noted within their
Findings of Fact and Conclusions of Law document dated February 19,2002.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on March 12, 2002, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
D. The applicant's representative testified that the water source for the pressurized irrigation system
required to serve the subdivision will be provided solely from surface irrigation water during the
irrigation season.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-13-01 for a preliminary plat for Countryside West
Subdivision for Capital Development with the following site specific conditions of approval and
standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with all requirements within the City Engineer's letter dated January 2, 2002.
2. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of curb, gutter and sidewalks. If the requirements from the City of
Eagle conflict with those of the District, the stricter of the two requirements shall apply.
3. Provide a letter from the Idaho Transportation Department approving of the driveway access of Lot 6,
Block 3 (single family dwelling unit located in southeast comer of parcel) onto State Highway 44,
prior to the City Engineer signing the final plat. If lID does not approve the driveway, the applicant
shall provide a revised plat which provides access to Lot 6, Block 3 from the interior streets of the
subdivision.
4. The applicant shall delineate on the final plat a 15-foot (15') wide easement within the common lot
abutting State Highway 44 for the future construction of a lO-foot wide asphalt pathway as depicted on
the City of Eagle's 2000 Comprehensive Plan Transportation I Pathway Network Map #1.
5. Provide a letter from the Idaho Transportation Department approving of the design for a deceleration
lane and left turn lane on State Highway 44, (as required within the ITD letter dated December 5,
2001) prior to the City Engineer signing the final plat.
6. Dedicate fifteen-feet of right-of-way to the Idaho Transportation Department as required in the ITD
letter dated December 5, 2001. Provide a letter from ITD stating the dedication has been completed,
prior to the City Engineer signing the final plat.
7. Provide a revised preliminary plat that changes the lot easement width abutting any public road (as
stated in Note #10) to a minimum of 12-feet wide.
8. Provide a revised preliminary plat that changes the side and rear lot easement widths (as stated in Note
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#11) to a minimum of 6-feet wide on either side of the lot line.
9. Revise the preliminary plat for the radius of the Andrea Street cul-de-sac to measure a minimum of SO-
feet.
10. Construct concrete ribbon curbs and a minimum 5-foot wide detached concrete sidewalk on both sides
of each internal street. All street sidewalks shall be separated from the curb a minimum of 8-feet to
allow grassy swales and trees to be planted between the sidewalks and the curb. The front slope of the
swale (between the road and bottom of swale) shall be a maximum of 3: 1 and the back slope of the
swale (between the sidewalk and bottom of swale) shall be a maximum of 4: 1. The depth of the swale
(as measured from the edge of pavement) shall be a maximum of 2-feet.
11. 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, between the curb
and sidewalk. The trees shall be located on the top of the back slope of the grassy swale between 2 Yz-
feet and 3-feet from the edge of sidewalk. Street trees, sodded swales, and automatic irrigation shall be
installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping, provided the homeownerlbuilder provides a surety for
150% of the cost for the purchase and installation of the tree(s), sod, and irrigation.
12. Provide a copy ofthe subdivision CC&R's showing the installation and maintenance requirements for
the proposed street trees. The CC&R' s shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
13. The applicant shall apply for annexation to the Eagle Sewer District within one year of the approval of
the preliminary plat. No extensions of time for this approval will be accepted. No final plat approval
shall be considered until annexation into the Sewer District has occurred.
14. 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".
15. Provide a revised preliminary plat which delineates a 75-foot wide buffer area (easement line to be
delineated 90-feet from the existing right-of-way line) abutting State Highway 44 and adjacent to the
southern boundary of the development. If approved by the City Council, all or a portion of the buffer
area may be located in an easement (as determined by Council), with the remainder of the buffer
located within a common lot. Place a note on the final plat stating the common lot and/or easement
shall be maintained in perpetuity by the subdivision's homeowner's association. Provide a recorded
copy of the subdivision's CC&R's stating the common lot and/or easement shall be maintained in
perpetuity by the homeowner's association, prior to the City Clerk signing the final plat.
16. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
required 75-foot wide buffer area (easement line to be delineated 90-feet from the existing right-of-
way line) along State Highway 44 abutting this site for review and approval by the Design Review
Board prior to City approval of a final plat. The applicant shall submit an application for an alternate
method of compliance to the Design Review Board for review and approval in order to construct a
buffer area in front of the existing dwelling unit on Lot 6, Block 3, prior to the City approving a final
plat.
17. Extend the landscaping within the buffer area along State Highway 44 to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
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this site) shall be graveled as approved by lTD. The gravel shoulder area shall be maintained and kept
free of weeds and debris.
18. Provide a license agreement from ITD approving the landscaping located within the public right-of-
way of State Highway 44 abutting the site, prior to the City Clerk signing the final plat.
19. The applicant shall submit a plan to the City Engineer for review and approval delineating a stand-
alone pressurized irrigation system to serve all lots within the Countryside West Subdivision prior to
City approval of the final plat. The letter from Briggs Engineering date stamped by the City on
January 30, 2002, is incorporated herein to clarify the method to be used to provide a pressurized
irrigation system for the subdivision.
20. The developer shall post trash notice signs at each entry to the subdivision within the subdivision with
the phone number of person in charge so neighbors can call that person with their concerns. NOTE:
For clarification on sign specifics this condition should read:
The applicant shall install a minimum of one (4) 4' x 4' plywood or other hard surface sign
(mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
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
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9.
10.
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.
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 flISt been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
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,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
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15.
16.
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 fIfe 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.
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
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
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21.
22.
23.
24.
25.
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.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the fmal plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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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 November 15,2001.
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 December 29,2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (3OO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 21, 2001. Requests for agencies' reviews
were transmitted on November 16,2001, 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 February 23,
2002. 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 20, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-13-
01) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the Eagle Comprehensive Plan and City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation ofR-l (Residential); and
b. Will be harmonious with and in accordance with the general objectives of the
Comprehensive Plan and with the specific objectives of Sections 8.6(p) and 9.5, 9.5.1,
9.5.2 of the Comprehensive Plan and will be in accordance with the requirements of
Title 9, Sections 9-4-1-3, 9-4-1-6, and 9-4-1-7 of the Eagle City Code since the
development will be required to provide, in part, (as a condition of approval) curb,
gutter, and detached sidewalks separated from the curb by grassy swales with street
trees; and will provide all other 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 designed to provide densities and lot sizes similar
in character with previously approved subdivisions in the immediate vicinity and since
the development will be required to comply with the requirements Title 8 Zoning and
with the requirements of Design Review; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site is required to be annexed into the Eagle Sewer District and served
by a central sewer system prior to approval of a final plat 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 [ue hydrants will be provided where
required; and
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