Findings - CC - 2001 - PP-7-01 - Addies Corner Subd/4.31 Acre/19 Lot/3065 Ff Rd
D.
E.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR ADDIE'S
CORNER SUBDIVISION FOR NORTHWEST
DEVELOPMENT LLC
)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-7-01
The above-entitled preliminary plat application came before the Eagle City Council for their action on
October 9, 2001. The Eagle City Council having heard and taken oral and written testimony, and having
duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Northwest Development, LLC, represented by Matt Munger with Hubble Engineering, is
requesting preliminary plat approval for Addie's Comer Subdivision. The 4.3 I-acre, 19-
lot (l6-buildable, 3-common) residential subdivision is generally located on the southwest
comer of Floating Feather Road and Horseshoe Bend Road at 3065 Floating Feather
Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 27,2001.
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 August 4,2001. 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 August 1, 2001. Requests for agencies' reviews were transmitted on June 27,
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 September 22, 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 September 19,
2001.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
COMPANION APPLICATIONS: A-4-01 & RZ-7-0l [Rezone upon Annexation from RUT- (Ada
County designation) to R-4 -- Residential- (up to four units per acre maximum)]
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNA TION
Existing Residential Four (up to RUT (Residential- Ada Residence/Pasture
four-units per acre County designation)
maximum)
Proposed No Change R-4 (Residential) Residential Subdivision
North of site Residential Four (up to R-4 (Residential) Trail Creek subdivision/
four-units per acre Eagle Fire Station
maximum)
South of site Residential Four (up to A-R (Agricultural- Residence/Pasture
four-units per acre Residential)
maximum)
East of site Not in City of Eagle Area R3 (Residential - Ada Residential Subdivision
of Impact County designation)
West of site Residential Four (up to R-l (Residential) Residence/ Pasture
four-units per acre
maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 4.31
Total Number of Lots - 19
Residential- 16
Commercial - 0
Industrial - 0
Common - 3
Total Number of Units -
Single-family - 16
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 3.7 I-units per acre 4-units per acre maximum
Minimum Lot Size 9,408 square-feet 8,000 square-feet
Minimum Lot Width 80-feet (approx.) 70-feet
Minimum Street Frontage 36-feet (approx.) 35-feet
Total Acreage of Common Area .73-acres .43-acres (minimum)
Percent of Site as Common Area 17% 10% (minimum)
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 17% common area within the interior of the subdivision. 10%
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 [mal 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) - not allowed
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site.
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
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discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Private
The applicant will construct three (3) private roadways, two serving 4-10ts each and the
remaining to serve eight (8) lots. The roadways are to be paved as 24-foot street sections
with abutting borrow ditches within 30-foot wide common lots, and terminate in "tee"
type turnarounds.
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter dated June 27, 2001.
Blocks Less Than 500': None
Cul-de-sac Design:
The applicant is to construct "tee" type turnarounds at the terminus of each private road.
Each leg of the "tee" measures 26-feet in width and measures 65-feet in length. See
private street discussion above.
Curbs, Gutters and Sidewalks:
Floating Feather Road abutting this parcel is currently improved with curb, gutter and
sidewalk. Borrow ditches abutting the internal private streets are to be constructed in-lieu
of curbs and gutters to accommodate storm water runoff. A sidewalk on one side of each
private street with a 4-foot wide striped pedestrianlbike lane on the opposite side are to be
built within the subdivision.
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City approving the final
plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See Curbs, Gutters and sidewalks noted above.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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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
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 August 1, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Independent School District of Boise City #1
Joint School District No.2
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
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7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Four", suitable
primarily for single-family residential development within an urbanized setting. Residential
density of up to four dwelling units per gross acre may be considered by the City for this area.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as an urban or rural collector on the APA Functional Street
Classification Map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (SO%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall, or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one-foot (1') vertical distance. If
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
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c.
D.
(4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to
the thirty five foot (35') wide buffer noted above.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-5 (B) (2)
Except as may be otherwise set forth in this Section, private streets shall meet such design
and dimensional requirements as the Council may determine are appropriate considering
the proposed use and the site upon which the private streets are to be placed, including, in
the discretion of the Council, provisions for sidewalks. curbs, and gutters; provided,
however, that all private streets shall contain paved travel lanes a minimum of twelve feet
(12') in width (except as noted herein) and shall otherwise provide for the safe, convenient
and effective movement of both vehicular and pedestrian traffic.
.
ECC Section 9-3-2-5 PRIVATE STREETS, states in part:
Private streets may be permitted at the discretion of the Council.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-6 (A) SIDEWALKS AND PEDESTRIAN WALKWAYS, states in part:
Sidewalks shall be required on both sides of the street.
.
ECC Section 9-4-1-9 C (1) Pressurized Irrigation Facilities:
For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the City Council.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Four (up to four-
units per acre maximum). The applicant is proposing 3.71-units per acre.
.
The applicant should provide a landscape plan showing berming, fencing, and planting details
within the required 35-foot wide buffer areas along Floating Feather Road and Horseshoe
Bend Road abutting this site for review and approval by the Design Review Board prior to
City approval of a final plat.
.
The preliminary plat shows a recorded access easement on the western boundary of this site
which projects approximately 22-feet into the parcel at its widest point. This easement crosses
over portions of Lots 11 and 12, Block 1, including a portion of the proposed buffer area
abutting Floating Feather Road. If the easement is to remain as a functional access to serve
the parcel to the west, then the plat should state that no fences or other structures are to be
built within the easement. However, should the easement be considered abandoned, the
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applicant should vacate the portion of the easement that projects into the buffer area and Lots
11 and 12, Block 1, prior to the approval of the final plat.
.
The applicant has not proposed any sidewalks within the subdivision. Eagle City Code
Section 9-3-2-5 (B) (2) allows for the City Council to not require (at its discretion) sidewalks
abutting the interior private streets. Because of the lack of heavy traffic that would be
generated on the private streets, and due to the short distance between the proposed houses
and the sidewalk on Floating Feather Road, sidewalks abutting the interior streets may be
considered unwarranted. However, it may be suggested that a 4-foot wide bike/pedestrian
pathway striped along one edge of each private roadway be provided to designate a zone that
offers an element of safety to pedestrians as well as defines for drivers where their vehicles are
to be operated.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City Code.
The applicant should provide a plan delineating the pressurized irrigation prior to City
approval of the final plat.
In addition, adjacent to the northeast comer of this site is a parcel with an individual well that
supplies irrigation to surrounding properties. The applicant should verify the water rights and
regulations associated with the well and ensure the City and affected water users that the
proposed pressurized irrigation system for this subdivision will not have detrimental effects on
the existing system. Also, the applicant should provide documentation that an easement exists
or will be provided for any and all distribution lines that connect to the well and serves
abutting properties, prior to approval of the final plat.
.
In previous action, the City Council has required that buffer areas 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 areas
located within common lots with a note stating the common lots are to be owned and
maintained by the homeowner's association.
.
The Independent School District of Boise City #1 has submitted a letter concerning the design
of turnarounds on dead end streets. The School District prefers not to stop on collectors to
pick up children and is restricted to backing busses only as a "last resort" because of safety
concerns. "Tee" type turnarounds by design require the backing of longer vehicles that does
raise the concern of the School District which prefers to avoid dangerous backing situations.
The Council may approve "tee" type turnarounds pursuant to Eagle City Code Section 9-3-2-5
(B) (5) (b) which also requires Eagle Fire District approval. Because the approval for
alternative types of turnarounds for cul-de-sacs is at the discretion of the Council, staff will
defer to that body for discussion.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
20, 2001, at which time testimony was taken and the public hearing was closed. The Commission
continued this matter until September 4, 2001, and made their recommendation at that time.
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B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by two (2) individuals with concerns regarding the existing irrigation well adjacent to the property and
how it will continue to accommodate all current users, and that the area to the south will continue to
operate farm related activities that may be bothersome to others.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt the plan was well within the density range as shown on the 2000
Comprehensive Plan.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell abstained) to recommend approval of PP-7-01 for a
preliminary plat for Addie's Comer Subdivision for Northwest Development LLC with the site
specific conditions of approval and standard conditions of approval shown within their Findings of
Fact and Conclusions of Law document dated September 17, 2001
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 9, 2001, 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).
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-7-01 for a preliminary plat for Addie's Comer
Subdivision for Northwest Development LLC with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with text shown with strike-through to be deleted by the Council and text shown with
underline to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Comply with all requirements of the Ada County Highway District as noted within their Commission
report dated July 26, 2001.
3. Change the plat to show the 35-foot wide buffer areas abutting Floating Feather Road and Horseshoe
Bend Road located within easements to be maintained by the homeowner's association. Provide a
statement on the plat and within the CC&R's that one homeowners association in perpetuity shall
maintain the easements.
4. Revise the plat to change the utility easement width (as stated in Note #7) to a minimum of l2-feet
wide. The rear lot utility easement shall be a minimum of 12-feet wide.
5. Revise the plat to change the easement widths of side lot lines (as stated in Note #6) to a minimum of
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6-feet wide on either side of the lot line.
6. Provide a note on the plat that states there shall be no parking allowed on the internal private streets.
Provide a statement in the CC&R's that prohibits parking on the internal private streets.
7. Revise Note # 8 on the plat to add a statement that each lot owner within the subdivision has the
perpetual right of ingress and egress over the described private streets (Lots 2, 5 and 8, Block 1) and
that the perpetual easement shall run with the land.
8. Provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and
maintenance of the private streets and drainage facilities. The CC&R's shall be reviewed and approved
by the City Engineer prior to the City Clerk signing the final plat.
9. Provide a note on the plat that states that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners' association cannot be dissolved without the express consent
of the City.
10. The applicant shall provide doeHæe8tatieR or a note on the final plat and delineate an easement 8*ists
for aRY and the well and all irrigation distribution lines that connect the individual well adjacent to the
northeast comer of this parcel and which serves abutting properties, prior to approval of the final plat.
If the easeæeRt dees Rot eHrreøtly exist, then the applicant shall deliReate an The easement on the plat
and provide a note on the plat stiHiBg shall grant the pHI'fJose and r-estrieti08s of the easement provision
of access for the operation and maintenance of the distribution lines, pump and well facilities. prior to
the City EngiBeer SigRiBg the final plat.
11. Place a note on the plat which states that no fences or other structures are to be built within the
recorded access easement located on the western boundary of this site. Provide a statement in the
CC&R's addressing the restrictions Lots 11 and 12, Block 1, will be subject to as well as how the use
and maintenance of the easement will affect the buffer area abutting Floating Feather Road. OR, if the
easement is considered abandoned, the applicant should vacate the portion of the easement that
projects into the buffer area and Lots 11 and 12, Block 1, prior to the approval of the final plat.
12. 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 District has occurred.
13. Revise the density calculation on the plat under "Preliminary Plat Development Features" to read 3.71
units per acre.
14. Construct a sidewalk on one side of each private roadway with tile opposite siàe of the road to Be a 4
f{)ot wide striped pedestriaalÐike laDe within the subdivision.
15. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review
Board.
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. The applicant shall provide a landscape plan showing berrning, fencing, and planting details within the
required 35-foot wide buffer areas along Floating Feather Road and Horseshoe Bend Road abutting
this site for review and approval by the Design Review Board prior to City approval of a final plat.
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The plans shall show how the area around the parcel (with irrigation pump) abutting the northeast
comer of this site will be landscaped to provide an even transition from the buffer area on Floating
Feather Road to the buffer area on Horseshoe Bend Road.
18. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the
parcel with the irrigation pump (well) abutting the northeast comer of this site along Floating Feather
Road and Horseshoe Bend Road for review and approval by the Design Review Board prior to City
approval of a final plat. Provide a statement on the plat and within the CC&R' s that one homeowners
association in perpetuity shall maintain the landscaping.
19. The applicant shall construct a 6-foot wide asphalt pathway within a lO-foot wide easement extending
from the southern terminus of North Bippy Way to the southern boundary of this subdivision.
20. 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 located within four-feet of the sidewalk (on that side of the
street that has sidewalk) and within five-feet of the roadway edge on the side with no sidewalk (on the
side of the drainage swale closest to the house). The trees shall be located a minimum distance of 35-
feet apart and no more than 80-feet apart. Prior to the City Clerk signing the final plat for each phase,
the applicant shall either install the required trees, landscaping, and irrigation or provide the City with
a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements
within the 5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
ST ANDARD 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.
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8.
9.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-l-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has [lISt 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 [mal plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
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13.
14.
15.
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 fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire 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 fITe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the fmal 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.
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20.
21.
22.
23.
24.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
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 final plat for recording, the following must provide endorsements or
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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 June 27, 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 August 4, 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 August 1,2001. Requests for agencies' reviews were
transmitted on June 27, 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 September 22,
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 September 19,2001.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-7-
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-4 (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
residential subdivisions with similar densities to this development exist to the north
and east; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with central sewer from Eagle Sewer District and
will use public water to be served from Eagle Water Company. Fire protection will be
available from the Eagle Fire District and fIre 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
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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 to be provided 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
Council'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.
4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
a. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings such
that the private streets will serve to enhance the overall development, since this
development is located on a parcel that is limited in shape and size to 4.31-acres, and
the applicant is attempting to achieve a housing development that is both unique and
viable by offering an intimate setting accomplished in part by providing narrow (less
than public standards), non-continuous streets;
b. The private streets within the subdivision provide safe and effective movement of both
vehicular and pedestrian traffic because the roadways will be designed to be non-
continuous and terminate in hammer-head type turnarounds, thereby limiting the
number of vehicles using the roadways; and because a total of only 16 lots are being
served by these roads, the number of vehicles and pedestrians using these roadways is
further limited;
c. The private street provides adequate access for service and emergency vehicles
because the Eagle Fire District will be required to approve the design of the roadways,
and since the hammer-head turnarounds have been designed to accommodate the
turning radius of emergency vehicles;
d. The private streets within the subdivision do not adversely affect access to adjacent
properties since they will not connect one public street to another and since they do
not take away existing public street accesses to surrounding properties;
e. The private streets will not landlock adjacent property due to topography or parcel
layout as shown on the proposed plan, and since all adjacent properties currently have
access to public roadways;
f. The private streets within the subdivision do not connect one public street to another;
g. The use or alignment of the private streets within the subdivision do not interfere with
the continuity of public streets as noted above; and
h. An appropriate mechanism will be established for the repair and maintenance of the
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private streets, including provisions for the funding thereof, within the required
CC&R's for the subdivision and with any necessary notes to be provided on the final
plat, all to be reviewed by the City Engineer and City Attorney prior to City approval
of the final plat.
DATED this 13th day of November 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Count, Idaho
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