Findings - CC - 2001 - PP-10-01 - Henerys Subd/38.64 Acre/20 Lot
OR(G~NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
HENRY'S SUBDIVISION FOR NORTHWEST
DEVELOPMENT LLC
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-IO-Ol
The above-entitled preliminary plat application came before the Eagle City Council for their action on
October 23,2001. 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:
PROJECT SUMMARY:
Northwest Development, LLC, represented by Matt Munger with Hubble Engineering, is
requesting preliminary plat approval for Henry's Subdivision. The 38.64-acre, 20-lot (19-
buildable) residential subdivision is located on the west side of North Meridian Road
approximately Y2-mile north of Floating Feather Road.
A.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 24, 2001.
B.
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 September 1, 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 29, 2001. Requests for agencies' reviews were transmitted on July 24,
2001, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on October 6, 2001. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 3,
2001.
c.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
D.
COMPANION APPLICATIONS: A-5-01 & RZ-8-0l [Rezone upon Annexation from RUT- (Ada
County designation) to R-E - Residential-Estates - (up to one unit per two-acres
maximum)]
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E.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to RUT (Residential- Ada Residence/Pasture
one-unit per two-acres County designation)
maximum)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (up to RUT (Residential- Ada Residential Subdivision
one-unit per two-acres County designation)
maximum)
South of site Residential Estates (up to RUT (Residential - Ada Residence/Pasture
one-unit per two-acres County designation)
maximum)
East of site Residential Estates (up to RUT (Residential - Ada Residence/Pasture
one-unit per two-acres County designation)
maximum)
West ofsite Residential Estates (up to RUT (Residential- Ada Residence/ Pasture
one-unit per two-acres County designation)
maximum)
F.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
G.
SITE DATA:
Total Acreage of Site - 38.64
Total Number of Lots - 20
Residential - 19
Commercial - 0
Industrial - 0
Common - 1
Total Number of Units -
Single-family - 19
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .49-units per acre I-unit per two-acre maximum
Minimum Lot Size 78,408 square-feet (1.8-acres) 78,408 square-feet (1.8-acres)
Minimum Lot Width 175-feet (approx.) lOO-feet
Minimum Street Frontage lOl-feet (approx.) 35-feet
Total Acreage of Common Area .027-acres (1,181-square feet) Not required in R-E zone
Percent of Site as Common Area 0.07% Not required in R-E zone
H.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
Open Space:
The applicant will construct a landscape island located at the intersection of Meridian
Road and Corsey Way. This island will provide a total of 0.07% common area within the
interior of the subdivision.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - yes
Review and approval by the Central District Health Department is required prior to City
approval of a final plat.
Preservation of Existing Natural Features:
The City is not aware of any existing natural features on the site.
Preservation of Existing Historical Assets:
The City is not aware of any existing historical assets on the site which would be required
to be preserved. If during excavation or development of the site, any historical artifacts
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are discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public
The applicant will construct Corsey Way as a meandering street extending westerly from
Meridian and then traveling southerly to stub to the property to the south. The roadway
will be built as a 30-foot street section with abutting I-foot wide concrete ribbons and
borrow ditches on either side within a 50-foot wide public right of way. The stub street to
the south will terminate in a paved temporary turnaround.
Applicant's Justification for Private Streets (if proposed): None Proposed
Blocks Less Than SOO': None
Cul-de-sac Design:
No permanent cul-de-sacs are proposed. The applicant will construct a paved temporary
turnaround at the terminus of Corsey Way at the point where it abuts the parcel to the
south.
Curbs, Gutters and Sidewalks:
Meridian Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk (see staff discussion section D below). Borrow ditches abutting the internal
private streets will be built in-lieu of curbs and gutters to accommodate storm water
runoff. Sidewalks are not proposed 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 been received.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Striped bike and pedestrian walkways are required by the Ada County Highway District
within the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle 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.
K.
PUBLIC USES PROPOSED: None
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M.
SPECIAL ON-SITE PEA TURES:
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N.
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
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A
complete environmental plan is not required.
O.
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 23, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company
New Union Ditch Company Ltd.
P.
LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential Estates"; suitable
primarily for single family residential development on acreages may be in transition from
agricultural to residential use or may combine small scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL: None
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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.
ECC Section 9-3-2-1 LOT TYPES, states in part:
Though Lot: A lot with frontage on more than one street other than a comer lot.
.
ECC Section 9-3-2-1 (C) STUB STREETS:
Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract
to make provisions for the future extension of said streets into adjacent areas, and
shall have a cul-de-sac or temporary cul-de-sac. A reserve street may be required
and held in public ownership.
.
ECC Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS:
In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be permitted by the City if approved by the Fire
Department and the highway district having jurisdiction. No more than twenty
(20) dwelling units shall be permitted on said cul-de-sac.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-3 (A) (2) CURBS AND GUTTERS:
Rolled curbs and gutters shall be required on minor streets.
.
ECC Section 9-4-1-6 (A) SIDEWALKS AND PEDESTRIAN W ALKW A YS,
Sidewalks shall be required on both sides of the street; except, that where the
average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed.
.
ECC Section 9-4-1-9 C (1) PRESSURIZED IRRIGATION FACILITIES:
For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within
such subdivision shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the
City Council.
D.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acres maximum). The applicant is proposing .49-units per acre.
.
The August 23,2001, Ada County Highway District Commission report includes a discussion
on the installation of curb, gutter and sidewalk on Meridian Road abutting this site. The report
states that curb and gutter will not be required due to the majority of the land in the area
having already been developed. It would be difficult at this point in time to construct curb and
gutter without great expense, especially when other roadways are in more need of attention
and with limited funds to spread around. In addition, an existing drainage problem would be
exacerbated with the addition of curb and gutter, thereby interfering with existing historical
drainage ways and directing storm water runoff to areas that are overburdened or unable to
accommodate the additional flows.
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Eagle City staff would recommend that the City agree with ACHD and not require the
construction of curb and gutter on Meridian Road abutting this site. The disadvantages would
outweigh the benefits, namely the lack of proper drainage may cause safety hazards as well as
contribute to pest problems. Also, the construction of only one segment of curb and gutter in
an area which may not see redevelopment for a number of years would not only cause safety
issues (the curb acting as a sudden obstacle for drivers used to borrow ditches); aesthetic
concerns would also arise. A rural road with borrow ditches on either side does maintain a
certain appearance of a country setting; a concrete curb and gutter on only a small portion of
the roadway would clash with the surrounding landscape.
.
Lot 3, Block 2, is configured on the preliminary plat in such a way that there is frontage on
more than one street, which Eagle City Code defines as a through lot. While through lots are
not prohibited by Eagle City Code, common practice is to dissuade the design of lots in this
manner. The applicant should place a note on the final plat stating that access from Lot 3,
Block 2, to Corsey Way shall be limited to the western lot boundary only (abutting Corsey
Way).
.
The City Engineer's letter dated, August 23,2001, states in part, that approval should be based
on the applicant installing an intermediate cul-de-sac on Corsey Way since the roadway
exceeds the maximum cul-de-sac length of 1,500-feet (maximum length in the R-E zoning
district). In the past, the City has interpreted that when roadways are designed as stub streets
to connect to adjacent properties the maximum cul-de-sac length does not apply. Staff
recommends that an intermediate cul-de-sac should be installed if deemed necessary by the
Eagle Fire Department. If, however, the Eagle Fire Department does not require this type of
turnaround, then staff recommends the City remain consistent with past actions and allow the
stub street to be constructed as proposed.
.
The Ada County Highway District in its Commission report dated, August 23, 2001, prohibits
any direct parcel or lot access (other than the approved public road) to Meridian Road. Lots 6
and 7, Block 2, are proposed to access Meridian Road directly rather than through the
subdivision. The applicant should provide a revised preliminary plat showing access to Lots 6
and 7, Block 2, through the internal roadway system of the subdivision rather than directly to
Meridian Road.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City Code.
A fully operable pressurized irrigation is required to be provided to each lot within the
subdivision unless a wavier as outlined in ECC Section 9-4-1-9(C)(3) is approved by the City
Council upon approval of the preliminary plat. The applicant should provide a plan
delineating the pressurized irrigation prior to City approval of the final plat.
.
Regarding sidewalks for this site, the City Council has previously determined that for
subdivisions with I-acre or larger lot sizes, 4-foot wide bike/ pedestrian pathways striped
along both edges of the internal roadway(s) provides adequate room for pedestrian access
throughout these types of subdivisions. In addition, ACHD requires that the developer stripe a
4-foot wide section on both sides of the roadway edge for bike/pedestrian use in subdivisions
with lot sizes 1.5-acres in size or greater.
The applicant should be required to submit with the final plat a striping plan showing a 4-foot
wide path striped on both edges of all roadways within this site. The plan should include
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pedestrian designation markings such as diamonds or pedestrianlbicycle symbols to be
included with the striped areas.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
September 17, 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.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals with concerns regarding dust abatement during construction, maintenance of
borrow ditches abutting the roadways, high groundwater in the area and the need for a transition of lot
sizes from this proposed subdivision to the adjacent properties.
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 two (2) individuals with concerns regarding the negative impact the subdivision will
have on the existing rural area; impact on schools, water and sewage systems; and increased traffic
accessing inadequate roadways.
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell, Deckers absent) to recommend approval ofPP-lO-Ol for a
preliminary plat for Henry's Subdivision for Northwest Development LLC with the following staff
recommended site specific conditions of approval and standard conditions of approval with text
shown with strike-thru to be deleted by the Commission and text shown with underline to be
added by the Commission.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 23, 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 (other than the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber absent) to approve PP-lO-OI for a preliminary plat for Henry's
Subdivision for Northwest Development LLC with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer in his letter dated August 23, 2001. The
installation of an intermediate cul-de-sac on Corsey Way shall be determined by the Eagle Fire
Department.
2. Comply with all requirements of the Ada County Highway District as noted within their Commission
report dated August 23, 2001.
3. Construct a 5-foot wide (minimum) meandering concrete sidewalk along Meridian Road abutting the
site.
4. Revise the plat to change the utility easement width (as stated in Note #1) to a minimum of l2-feet
wide.
5. Place a note on the final plat stating that access from Lot 3, Block 2, to Corsey Way shall be limited to
the western lot boundary only (abutting Corsey Way).
6. Submit, with the final plat, a striping plan showing a 4-foot wide path striped on both edges of all
roadways within this site. The plan shall include pedestrian designation markings such as diamonds or
pedestrianlbicycle symbols to be included with the striped areas.
7. The applicant shall provide a plan delineating a pressurized irrigation system to serve all lots within
the subdivision prior to City approval of the final plat.
8. Provide a clause in the CC&R's that requires one homeowners association shall maintain in perpetuity
the proposed landscape island (Lot 1, Block 3) located at the intersection of Meridian Road and Corsey
Way.
9. 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".
10. 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.
11. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing planting details within the proposed landscape island located at the
intersection of Meridian Road and Corsey Way for review and approval by the Design Review Board
prior to City approval of a [mal plat.
12. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
13. Provide a revised preliminary plat showing a 25-foot wide landscape easement along Meridian Road
abutting this site. The 25-foot wide easement shall be included on the final plat.
14. Place a note on the final plat which states that the 25-foot wide easement abutting Meridian Road is to
be maintained by the homeowner's association. Provide a statement in the CC&R's that one
homeowners association in perpetuity shall maintain the easement. The CC&R's shall be reviewed and
approved by the City Engineer prior to the City Clerk signing the final plat.
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15. The applicant shall submit a design review application showing a landscape plan with planting details
and a four (4') foot high vinyl split rail fence to be located within the 25-foot wide easement abutting
Meridian Road for review and approval by the Design Review Board prior to City approval of a final
plat.
16. The applicant shall submit a design review application showing street lighting details for review and
approval by the Design Review Board prior to City approval of a [mal plat. The plans shall show how
the street lights will facilitate the "Dark Sky" concept of lighting, and also mitigate the impact of
headlights on the property across Meridian Road to the east in alignment with Corsey Way.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118).
5.
Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6.
Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.c.C. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
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10.
11.
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.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has flfSt been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the 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 fmal 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
Engineer signing the fmal 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,
b.
c.
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15.
d.
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 fIre protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision sign age 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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
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24.
25.
26.
27.
28.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the fmal 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
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 July 24, 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
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ordinances on September 1, 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 29, 2001. Requests for agencies' reviews
were transmitted on July 24,2001, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on October 6,
2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on October 3,2001.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-lO-
01) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation of R-E (Residential); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by septic systems that must be approved by Central
District Health and will use public water to be served by the water company having
jurisdiction in that area. Fire protection will be available from the Eagle Fire District
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
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public fmancial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
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DATED this 13th day of November, 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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