Findings - CC - 2001 - PP-9-01 - Great Sky Estates 7/2.98 Acre/11-Lot/Res/Commercia
OR\G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION)
FOR A PRELIMINARY PLAT FOR )
GREAT SKY ESTATES NO.7)
SUBDIVISION FOR IFI PARTNERS II )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-9-01
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:
A.
PROJECT SUMMARY:
IFI Partners ll, represented by John G. Evans is requesting preliminary plat approval for
Great Sky Estates No.7 Subdivision. The 2.98-acre, II-lot (5-residential, 4-commercial,
2-common lot) subdivision is generally located on the southwest comer of Hill Road and
State Highway 55 approximately 575-feet west of State Highway 55.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 12,2001.
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 18, 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 15, 2001. Requests for agencies' reviews were transmitted on July 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 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.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On April 10, 2001, the Eagle City Council approved a rezone (RZ-14-00) with a
development agreement (including a concept plan) for this site.
E.
COMPANION APPLICATIONS: RZ-14-00 MOD
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Mixed Use R-4 (Residential) Vacant
Proposed No Change MU-DA (Mixed Use with ResidentiaVCommercial
Development Agreement)
North of site Residential Three (up R-3 (Residential) Gravel extraction
to 3-units per acre site/Proposed Arbor Ridge
max.) Subdivision
South of site Mixed Use R-4 (Residential) Residential
East of site Mixed Use R-4 (Residential) Proposed Commercial-
Residential Development
(Picadilly Village)
West of site Residential Three (up R-3 (Residential) Residential
to 3-units per acre
max.)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 2.97-acres
Total Number of Lots - 11
Residential - S
Commercial - 4
Industrial - 0
Common - 2
Total Number of Units -
The site is limited within the development agreement to allow up to 6-single family
dwelling units maximum within the southern portion of the site (consisting of
approximately 1.31-acres); and the northern portion (consisting of approximately 1.66-
acres) is permitted to construct up to 1O,SOO square-feet maximum of commercial building
space.
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQ UIRED
Dwelling Units Per Gross Acre 1.68-units per acre 2.02-units per acre
Minimum Lot Size 6,807 -S.F. (Residential)* As may be allowed within the
4,114-S.F. (Commercial)* development agreement for
this site
Minimum Lot Width 70-feet (Residential) 50-feet (MU zone)
56-feet (Commercial)
Minimum Street Frontage 70-feet 35-feet for residential zoning
districts
Total Acreage of Common Area 0.108-acres (4,700 S.F.) Not required in MU zoning
district
Percent of Site as Common Area 8% Not required in MU zoning
district
*As may be allowed per the Development Agreement (if approved) for rezone application RZ-14-00 MOD.
1.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
A master landscape design plan (including open space areas) has not been submitted to
date.
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 has will construct 8% (0.1O8-acres) of open space which is to be used as a
drainage area for public right-of-way storm water runoff. This area may also function as a
buffer between the commercial portion to the north and the residential portion to the south,
provided however, that this area is landscaped with materials of size and height to provide
an adequate barrier. Plans showing the landscaping for the common area should be
submitted for review and approval by the Design Review Board.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. 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, any
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.
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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) - no
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. 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 site will abut South Wooddale Avenue, which is an extension from Great Sky Estates
Subdivision to the south and will connect to Hill Road to the north. The roadway is to be
a 36-foot wide street section with curb, gutter and five-foot wide attached sidewalk
abutting either side, located within SO-feet of right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than SOO': None
Cul-de-sac Design: N/a
Sidewalks:
S-foot wide attached concrete sidewalks are to be constructed abutting the internal streets
within this development. A five-foot wide meandering concrete sidewalk is to be
constructed along Hill Road abutting this site.
Curbs and Gutters:
The curbs and gutters abutting the interior streets are required to meet Ada County
Highway District design and construction standards.
Lighting:
Lighting for the 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:
A letter from the Ada County Street Name Committee approving the street names is
required prior to the City Engineer signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
See sidewalk discussion above.
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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 - No
Riparian Vegetation -No
Steep Slopes - No
Stream/Creek - No
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
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 27, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Independent School District of Boise City #1
New Union Ditch Company
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
Chapter 5 - Economic Development
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5.5
Implementation Strategies
f.
New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural identity.
1.
Excessively large single entity businesses that would jeopardize the
competitive business environment should be discouraged.
Chapter 6 - Land Use
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within the Central Business
District (CBD). Development within this land use designation should be required to
proceed through the PUD and/or Development Agreement process. Residential density of
up to twenty dwelling units per gross acre may be considered by the City for this area.
Chapter 12 - Community Design
12.2
Goal
Strive to create an aesthetically pleasing community and protect the unique natural beauty
and small town character of the City.
12.3
Implementation Strategies
f.
Excessively large single entity businesses that would jeopardize the competitive
environment should be discouraged.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-1: MIXED USE, states in part:
When a property is being proposed for rezone to the MU Zoning District a development
agreement may be utilized in lieu of the PUD and/or conditional use process if approved
by the City Council provided the development agreement includes conditions of
development that are required during the PUD and conditional use process.
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-6 (A): EASEMENTS
Unobstructed utility easements shall be provided along front lot lines, rear lot lines and
side lot lines when deemed necessary. Total easement width shall not be less than twelve
feet (12').
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D.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ARTICLE IT - CONDITIONS ON DEVELOPMENT
2.1 The owner shall submit a Design Review application for the site (as required by the
Eagle City Code), and shall comply with all conditions required by Eagle as a part of
the Design Review.
2.2 The Concept Plan represents the Applicant's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur. Such changes, if proposed by the Applicant, shall
be reviewed by the City as "New Business" items and not as "Public Hearing" items
unless the City determines that any such changes require additional public comment
due to potential impacts on surrounding property or the community or unless the
proposed use is a conditional use (c) as established herein then a public hearing shall
be required. If the City determines that a public hearing shall be held on any proposed
change in the Concept Plan, notice shall be provided as may be required by the City.
2.3 The Property shall be permitted to be developed with approximately 1.49*-acres
consisting of a maximum of six dwelling units and approximately 1.33*-acres
consisting of a maximum of 10,SOO gross square feet of commercial buildings. The
Owner acknowledges that the minimum City parking and landscaping requirements
may limit the square footage to less than 10,SOO square feet.
2.4 The maximum size for any individuator total combination of commerciatbuilding(s)
shall be 1O,SOO square feet.
2.S For the 1.33*-acres planned for commercial buildings noted in section 2.4 above, the
only allowed uses shall be as follows:
Permitted (P) Uses:
-Horticulture (general)
-Horticulture (limited)
-Roadside stand (temporary structure)
-Home Occupation
-Planned Unit Development
-Beauty/barber shop
-Bed and Breakfast facility
-Catering Service
-Childcare (family)
-Christmas Tree Sales
-Church
-Clinic
-Communications Facilities
-Office, Business and Professional
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-Parking Lot, Parking Garage
-Personal Wireless Facilities (Height 35 feet or less)
-Professional activities
-Limited Retail Sales (up to 2,000 square feet)
Uses Requiring a Conditional Use Permit
-Childcare (Daycare Center)
-Childcare (Group)
-Flex Space
-Kennel
-Mortuary
-Nursery, Plant Materials
-Nursing / Convalescent Home
-Industry Research and Development
-Research Activities
-Public Service Facilities
-School, Public or Private
2.6 Only those uses as stated herein, with listed restrictions as mentioned within this
agreement, shall be allowed.
2.7 Except as provided for herein the development shall comply with the Eagle City Code,
as it exists in final form at the time an application is made and the conditions within
this agreement shall be satisfied.
2.8 The applicant's property shall become annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District regulations and
conditions prior to approval of any final development plan for this site.
2.9 The applicant shall extend an 8-inch sewer line to the property to the west (known as
the Low property) for future connection to that property.
2.10 The applicant and the abutting parcel to the west shall resolve and provide
documentation concerning the disputed septic easement, prior to the issuance of any
building permits.
2.11 The residential portion of the development shall be limited to a maximum density of
six (6) dwelling units.
2.12 Although Eagle City Code Section 8-6-4 allows ten percent (10%) of a PUD to
include uses that the "Official Schedule of District Regulations" show as prohibited,
in no case shall any of those prohibited uses be permitted for this site.
(* With the submittal of the preliminary plat, these dimensions are more accurately
measured as 1.3 I-acres for the residential portion and 1.66-acres for the commercial
portion.)
.
The applicant desires to make the following additions to the development agreement (in bold
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type), with underlined text recommended to be added by staff.
2.13
2.14
2.15
2.17
E.
DISCUSSION:
The residential portion of the development, consisting of Lots 15-19, Block
11, shall be allowed to have a minimum 5-foot side yard setback.
The commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11,
shall be permitted to have the following minimum lot sizes (listed
respectively) 4,114-square feet, 4,568-square feet, and 4,568-square feet. The
residential lot, Lot 15, Block 11, is permitted to be a minimum of 6,807-
square feet.
The commercial parcels noted on the plat as Lots 23, 24, and 25, Block 11,
shall be permitted to have zero (0) side setbacks along the common parcel
lines between said lots. Lots 23, 24 and 25, Block 11 shall be permitted to
have zero rear setbacks along the common parcel lines between said lots. All
other setbacks for these lots shall be measured from the subdivision
boundary lines.
2.16
The entire propertv shall be developed and maintained per the conditions of
this Development Ae:reement ree:ardless of the number of owners of the
commercial propertv to the north. All lots and lot owner(s) as part of anv
future re-subdivision of the commercial propertv shall be subject to the
conditions within this Development Ae:reement.
The applicant's propertv shall be annexed into the Eae:le Water Companv's
service boundaries and shall complv with all applicable Eae:le Water
Companv ree:ulations and conditions prior to approval of anv final plat for
this site.
In the companion application with development agreement (RZ-14 MOD), the applicant is
requesting that: 1) the side setbacks be allowed to be reduced to 5-feet (minimum is 7.5-feet);
2) the minimum lot sizes for the commercial lots (Lots 23, 24, and 25, Block 11) and a
residential lot (Lot 15, Block 11) be allowed to be smaller than the required minimum lot size
of 7,000-square feet; and, 3) the side and rear setback lines for Lots 23, 24 and 25, Block 11,
be reduced to zero (O-feet) with all other setbacks to be measured from the subdivision
boundary lines. Eagle City Code section 8-2-1 provides that a development agreement may be
allowed in lieu of a PUD when a property is rezoned to Mixed Use, provided conditions of
development are required which may normally be required during the regular PUD process.
This tool allows a development to overcome certain obstacles or provide innovative solutions
that the ordinance may not be flexible enough to allow.
.
With regard to the side setbacks, the applicant desires to reduce the required minimum setback
(5-feet in lieu of 7.5-feet) in order to maintain a congruent pattern of house sizes in this
development compared to the subdivision (Great Sky Estates) to the south. Because the lot
widths proposed for this development are smaller than those for Great Sky Estates (70-feet
compared to an average of 80-feet), it may not be possible to construct houses similar in size
and thus symmetry maybe lost between the two residential subdivisions. Staff recommends
that the side setbacks be allowed to be reduced to 5-feet and should be stated as such on the
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final plat.
The proposed reduction in the minimum lot sizes from 7,OOO-square feet for the commercial
lots are intended to allow the sale of the individual buildings that may be constructed on the
lots rather than one owner controlling the entire site. It may be considered that this situation is
merely for ownership purposes rather than as a planning issue because the net result is the
same. Whether the buildings are owned by one person on one lot or multiple people on
multiple lots, the outward appearance and function of the site will still be the same, as if
controlled by single business owner's association. It is important to note that each owner and
all development of the site is required to comply with the development agreement for this site.
Staff recommends that the minimum lot sizes for Lots 23, 24 and 25, Block 11 be allowed to
be reduced below 7,000-square feet, as depicted on the preliminary plat and as stated within
the development agreement for this site.
Finally, the request for zero side and rear setbacks for the common property lines between Lots
23,24 and 25, Block 11, is to accommodate buildings of approximately 2500-square feet each
to be sold separately to individual owners. The end result remains the same; that is, the
development from the outside appearance functions as one cluster of buildings on one lot,
while the buildings are actually built upon three lots and owned by more than one individual.
Staff recommends that the minimum side and rear setbacks be allowed to be reduced to zero
(0) for Lots 23, 24 and 25, Block 11, with all other setbacks to be measured from the
subdivision boundary lines.
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 10, 2001, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by one (1) individual with concerns regarding the grade elevation of the adjacent development to the
east and matching grade of this development; realignment of the roadway to the west; and installation
of a streetscape to separate the street and backyards of the adjacent development to the east.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
COMMISSION DECISION:
The Commission voted 4 to 0 (Deckers absent) to recommend approval of PP-9-0 1 for a
preliminary plat for Great Sky Estates No.7 Subdivision for IFI Partners II with the site specific
conditions of approval and standard conditions of approval shown within their Findings of Fact
and Conclusions of Law document dated October 1, 2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 23, 2001, at which
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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-9-01 for a preliminary plat for Great Sky
Estates No.7 Subdivision for IFI Partners II with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with text
shown with strike though 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 requirements within the City Engineer's letter dated August 27, 2001.
2. Comply with all requirements of the rezone (RZ-14-MOD) and development agreement for this site.
3. Provide a letter from Drainage District #2 for any improvements to be located within the 50-foot wide
easement crossing this site, prior to City approval of the final plat.
4. Submit plans to the Design Review Board for review and approval for the landscaping to be provided
in the common area (Lot 20, Block 11) to act as a buffer between the commercial and residential
portions of this development, prior to City approval of the [mal plat.
5. A detailed landscape plan for the entire site (which complies with the development agreement and
Eagle City Code) shall be reviewed and approved by the Design Review Board prior to City approval
of the final plat.
6. Place a note on the final plat stating that unobstructed utility easements of not less than 12-feet in
width shall be provided along all front lot lines, rear lot lines and side lot lines of the subdivision, prior
to the City Engineer signing the final plat.
7. Revise the side yard setback as listed on the preliminary plat under "Setback Table" to a minimum of
7.5-fee( ~ the development agr-øøæøRt for RZ 14 00 MOD is appro'led by the Council and allo...,'s
the setback to be redueed to 5 feet.
8. Revise the plat to show all residential lots meeting the minimum lot size of 7 ,OOO-square feet~ æHess
the development agreeæeRt for RZ 14 00 MOD is approved by the Council aBd allows the lot sizes to
be redHeed as noted wit-hiR the de'¡elopmØRt agreeæeRt.
9. Lots 23, 24 and 25, Block 11, shall be permitted to have zero rear and side setback lines for the parcel
lines common to these lots and all other setbacks shall be measured from the subdivision boundary
lines~ ,\:lHless the de"elopmeRt agreemøat for RZ 14 00 MOD is not appro'led to permit this condition.
10. Place a note on the final plat stating that Lot 20, Block 11, is a common lot to be owned and
maintained by the homeowner's association. Provide a copy of the CC&R' s with language stating that
Lot 20, Block 11, is to be owned and maintained by the homeowner's association.
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11. Place a note on the final plat stating that Lot 21, Block 11, is for the perpetual right of ingress and
egress over the described lot and that the perpetual easement shall run with the land.
12. Revise the plat to change the sewer easement width accessing the Low property to the west of this
development to measure a minimum of 12-feet in width.
13. Construct a S-foot wide meandering concrete sidewalk on Hill Road abutting this site.
14. Provide a revised plat delineating water and sewer service to Lots IS and 23, Block 11.
IS. Place a note on the final plat stating that all development on the site shall comply with the
development agreement for this site (Instrument No. ).
16. The commercial portion of Great Sky Estates No.7 Subdivision shall remain under the control of one
business association. Provide a copy of the CC&R' s with language stating that the commercial portion
is to be maintained by one business association.
17. The applieaHt shall ","ork '.yith the àlweloper oft:he prof)erty to the east (Picaàilly Village) to mitigate
the grade eleyatioB àiffereaees eetweæ tae tYlO de\'elof)meats.
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 SO, Chapter 13 and I.C. 39-118).
S.
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 31-380S, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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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 fIrst 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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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 [lIe 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, I,SOO 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 [lIe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
IS.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
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.
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.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
16.
17.
18.
19.
20.
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21.
22.
23.
24.
2S.
26.
27.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-S (A) (2)).
After Council approval of the [mal plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of IS0% 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.
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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 July 12, 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 18, 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 15, 2001. Requests for agencies' reviews
were transmitted on July 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 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-9-
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 MU-DA (Mixed Use with Development Agreement); 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 site is required to comply with the Development Agreement guiding the
development of this site, inclúding the conditions noted herein, and is subject to
design review for any proposed commercial development; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served with central sewer to be served 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 fIfe hydrants will be
provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
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f. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Commission's attention have been adequately addressed by the applicant or will be
conditions of final plat approval as set forth within the conditions of approval above.
DATED this 13th day of November 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ayor
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