Findings - CC - 2001 - PP-10-00 - 52.3 Acre/155 Lot/140 Buildable
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR ARBOR
RIDGE FOR A RESIDENTIAL SUBDIVISION
FOR STACIA PATTERSON
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-IO-OO
The above titled preliminary plat application came before the Eagle City Council for their action on April
24, 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:
Stacia Patterson, represented by Mark Butler with Land Consultants Inc., is requesting
preliminary plat approval for Arbor Ridge Subdivision. The 52.3-acre, 155-lot (140-
buildable) residential subdivision is located west of State Highway 55 generally north of
Hill Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 6, 2000.
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 11, 2000. 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 11, 2000. Requests for agencies' reviews were transmitted on July 18,
2000 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 March 30, 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 March 27,
2001.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 10, 1991, the Eagle City Council approved a conditional use permit to
operate a gravel extraction facility on this parcel.
E.
COMPANION APPLICATIONS: None
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three (3-units R-3 (Residential) Gravel Operation!
per acre max.) Agricultural (Pasture)
Proposed No Change No Change Residential Subdivision
North of site Residential R-4 (Residential), Rl & RT Agricu lturallR esi den tial
Three/Residential Four (Ada County Residential) Subdivision
(3-units/4-units per acre
max.)
South of site Residential Three (3-units R-l & R-3 (Residential) Gravel Operation/
per acre max.) Residences
East of site Business Park BP (Business Park) State Highway 55/ Gravel
Operations
West of site Residential Three (3-units RT (Ada County Residential), Residential Subdivision/
per acre R-l, R-3, PS (Residential and AgriculturaU Future City
max. )/Public/Semi -Public Public/Semi-Public) Park
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or TDA
H.
SITE DATA:
Total Acreage of Site - 52.3-acres
Total Number of Lots - 155
Residential - 140
Commercial - 0
Industrial - 0
Common - 15
Total Number of Units -
Single-family - 140
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 2.68-units 3-units maximum
Minimum Lot Size 1O,000-square feet 1O,000-square feet
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 6.17 -acres (not including 5.23-acres
landscape strip and separated
sidewalk along roadways)
Percent of Site as Common Area 11.08% 10%
I.
GENERAL SITE DESIGN PEA TURES:
Greenbelt Areas and Landscape Screening:
A master landscape design plan (including open space areas) has not been submitted to
date.
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials/freeways and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat.
Open Space:
Eagle City Code, Section 9-3-8 D requires a minimum of 10% of open space for any
subdivision located in an R-3 zone. 11.08% is proposed.
Storm Drainage and Flood Control:
The applicant will be required to install a drainage system to accommodate the storm
water runoff from the public right-of-way. Said plans shall be reviewed and approved by
the Ada County Highway District.
The applicant as required by the Subdivision Ordinance shall 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 shall 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. These clauses shall require lots to be graded so that all storm water runoff
travels 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, which should be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site, which should be preserved.
If during excavation or development of the site, historical artifacts are discovered, state
law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets:
The applicant proposes to construct 33-foot wide interior public streets (measured from
back of curb to back of curb) within 50-feet of right-of-way. The proposed Arbor Ridge
Way as it extends northerly from the southern boundary line is to be constructed as a 51-
foot wide public street (back to back) with a nine-foot wide landscape island traversing
along the centerline.
Applicant's Justification for Private Streets (if proposed):
None proposed. Arbor Ridge Way (extending southerly from the southern property line to
Hill Road) is proposed to be a public street (dedicated public right-of-way in this location
is required).
Blocks Less Than 500': None Proposed
Cul-de-sac Design:
Two cul-de-sacs are proposed that terminate in turnarounds within 50-foot radius right-of-
ways and do not exceed the 500-foot maximum length.
Curbs, gutters and sidewalks:
The applicant proposes to construct 4-foot wide detached, meandering sidewalks
(separated from the curb with a 8-foot wide planter strip) with curb and gutter abutting the
interior roadways. 5-foot wide meandering sidewalks within 8-foot wide planter strips are
proposed along both sides of Arbor Ridge Parkway extending from the subdivision's
southern property line to Sadie Drive. The section of Arbor Ridge Parkway between the
southern portion of this site and Hill Road is proposed to be improved with a 5-foot wide
detached, meandering sidewalk within a 15-18-foot wide park strip along one side of the
street.
Stub Streets:
Two stub streets are proposed (as shown on the preliminary plat date stamped by the City
on April 5, 2001) to provide for pedestrian and vehicular connection to the adjacent
property to the north and west.
Lighting:
Eagle City Code, Section 9-4-1-5, states that all subdividers shall be required to install
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streetlights. Location and lighting specifications shall be provided to the City Zoning
Administrator prior to the City Engineer signing the final plat.
Street Names:
A letter from the Ada County Street Name Committee approving all proposed names
should be submitted prior to the City Clerk signing the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
In addition to the comments as stated above, the developer is proposing to build two
separate 6-foot wide asphalt pedestrian walkways within the subdivision consisting of
approximately 380-linear feet (as shown on the preliminary plat date stamped by the City
on April 5, 2001).
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 - yes, unstable soils
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - yes
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Because of the uncertain and questionable stability of the soils to be placed within the
gravel pit, the developer should be required to submit an environmental assessment
prepared by an interdisciplinary team of professionals. See the City Engineer's letter of
August 9,2000 and October 4,2000.
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 letters dated August 9, 2000 and October 4,
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2000 are of special concern (see attached).
Ada County Highway District
Central District Health
Division of Environmental Quality
Drainage District #2 - Ringert Clark
Eagle Fire Department
Eagle Sewer District
Meridian Joint School District No. 02: Seven Oaks Elementary is at capacity, Eagle
Middle is at capacity, Eagle High is above capacity.
Q.
LETTERS FROM THE PUBLIC:
Letter from Ann M. Pardew-Peck and C. Bryant Peck, dated February 27,2001
Letters from William W. Pardew and Helen S. Pardew, dated February 27, 2001 (two
letters on this date) and April 10, 2001
STAFF'S ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 9 - Parks Recreation and Open Space
9.6 - Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation water amenities, greenbelts, river trails and pathways, tourism, leisure
activities, viewpoints, and wildlife.
9.6.2 - Objectives
c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes
and areas of geological instability.
9.6.4 - Implementation Strategies
g. Create an ordinance that requires developers to dedicate and establish open
space/parks in new developments.
Chapter 11 - Special Areas and Sites
11.4 - Implementation and Strategies
i. The City may require developers to prepare and submit an environmental assessment
and any such additional reports as the City may from time to time require, for any
development on land within an area designated as a Special Area or Site or for any
development impacting a Special Area or Site.
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B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(c)
Any road designated as a principal arterial on the AP A Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy five feet (75') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of right
of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of
the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized
vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within the buffer
area. The maximum slope for any berm shall be three feet (3') horizontal distance to
one-foot (1 ') vertical distance. If a panelized vinyl fence, decorative block wall, or
cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area at the top of the berm
shall be provided for the placement of the fence or decorative block wall. Panelized
vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted.
The ten foot (10') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every thirteen feet (13') of additional buffer area
added to the seventy five foot (75') wide buffer noted above. (Ord. 328, 8-11-1998)
.
Section 8-2-4 requires that lot sizes for R-3 zoning shall be a minimum of 1O,000-square
feet in area.
.
Section 8-2-4 (I) requires that the minimum lot frontage adjacent to a public street
shall be 35-feet.
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-3-6 (A)
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').
.
Section 9-3-8 (D) requires that the minimum percentage of gross area set aside for
space in an R-3 zone shall be lO-percent (10%).
open
.
Section 9-5-3-2 (A)
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All development proposals shall take into account and shall be judged by the way in which
land use planning, soil mechanics, engineering geology, hydrology, civil engineering,
environmental and civil design, architectural and landscape design are applied in hillside
areas, including but not limited to:
1. Planning on development to fit the topography, soils, geology, hydrology and other
conditions existing on the proposed site;
2. Orientation of development on the site so that grading and other site
preparation is kept to an absolute minimum;
6. Allocation of areas not well suited for development because of soil, geology
or hydrology limitations for open space and recreation uses;
.
Section 9-5-3-2 (B)
Areas having soil, geology or hydrology hazards shall not be developed unless it is shown
that:
1. Their limitations can be overcome;
2. That hazard to life or property will not exist;
3. That the safety, use or stability of a public way or drainage channel is not
jeopardized; and
4. That the natural environment is not subjected to undue impact.
.
Section 9-5-3-3
The developer shall retain a professional engineer(s) to obtain the following
information:
A.
Soils Report: For any proposed hillside development a soils engineering report
shall be submitted with the preliminary plat. This report shall include data
regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedures, design criteria for corrective measures
and opinions and recommendations covering the adequacy of sites to be
developed.
B.
Geology Report: For any proposed hillside development a geology report shall be
submitted with the preliminary plat. This report shall include an adequate
description of site geology and an evaluation of the relationship between the
proposed development and the underlying geology and recommendations for
remedial remedies.
The investigation and subsequent report shall be completed by a professional
geologist registered in the State of Idaho.
c.
Hydrology Report: For any proposed hillside development a hydrology report
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.
shall be submitted with the preliminary plat. This report shall include an adequate
description of the hydrology, conclusions and recommendations regarding the
effect of hydrologic conditions on the proposed development, and opinions and
recommendations covering the adequacy of sites to be developed.
Section 9-3-6 (A)
The developer shall submit a slope stabilization and re-vegetation plan which shall include
a complete description of the existing vegetation, the vegetation to be removed and the
method of disposal, the vegetation to be planted and slope stabilization measures to be
installed. The plan shall include an analysis of the environmental effects of such
operations, including the effects on slope stability, soil erosion, water quality and fish and
wildlife.
(Note: The City Engineer has addressed the majority of these issues in his letters of
August 9,2000 and October 4,2000.)
D.
DISCUSSION:
.
This site is located within the R-3 zoning district which allows residential densities up to
3-units per acre. The applicant is proposing 2.68 units per acre.
.
The applicant is proposing to reclaim a currently operational gravel pit, thereby raising the
issue with the stability of existing and imported soils at the site. Due to this extensive
undertaking, it is important that full stabilization is accomplished and that it be confirmed
with documentation of the site before the fill begins as well as during the fill process. It is
also crucial that the type and origin of the fill to be placed is identified and is acceptable as
structural fill. The monitoring of this process by the City Engineer should be required.
.
The applicant is proposing to use an existing approach and roadway to provide access
from Hill Road to the southern boundary of the parcel. This roadway does not appear to
be a public right-of-way and should not be approved as a private road as ECC Section 9-3-
2-5 (A) (6) prohibits the connection of two public roads with a private road. Therefore,
the applicant should dedicate this roadway as a public right-of-way.
.
The applicant is proposing a 5-foot wide landscape strip between the sidewalks and
roadways within this development. One of the purposes of this landscape strip (specific to
this development) is to take water runoff from the roadway and hold the water for a period
of time until it percolates into the ground. If approved by ACHD, this method of handling
storm water runoff from the roadways may be an acceptable alternative to the conventional
seepage beds typically located under the roadway surface.
Since street trees are proposed to be located in this drainage area, staff recommends that
this grassy area be widened to 8-feet wide to minimize the negative impacts any standing
water may have on the trees.
.
Staff will provide detailed discussion regarding this proposed development during the
oral presentation at the Planning and Zoning Commission and City Council meetings.
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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 October
16, 2000, at which time testimony was taken and the public hearing was closed. The Commission
continued the application to the November 6, 2000, meeting. The Commission received a letter and a
revised subdivision plan, dated October 31,2000, from the applicant addressing concerns raised at the
October 16, 2000, meeting. This letter and revised plan are incorporated into these findings by
reference. 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 five (5) individuals with concerns regarding the location of stub streets, increased traffic on
adjoining subdivisions created by this development, reclamation of gravel pit site, elevation of the site
and how two story houses may block the view of surrounding properties.
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 3 to 0 (Bloom absent) (Deckers abstained) to recommend approval of PP-
10-00 for a Preliminary Plat for Arbor Ridge Subdivision (approved plan date stamped by the City
on October 31, 2000) with the site specific conditions of approval and standard conditions of
approval shown within their Findings of Fact and Conclusions of Law document, dated December
4, 2000.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 27, 2001, at which
time testimony was taken. The public hearing on the application was continued to April 10, 2001, at
which time testimony was taken. The public hearing on the application was again continued to April
24, 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 eight (8) individual
concerned with the lack of stub streets to abutting parcels, landscaping and type of fencing, offsite
installation of sidewalks and streetlights, liability of pathways on private property, connection of this
subdivision to existing streets in adjacent subdivisions, width of roadways, current and future
operation of the gravel extraction operation, discrepancy of parcel measurements, monitoring of the
reclamation of the gravel site, and irrigation water access.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant or the representatives).
D. Written testimony in opposition to the specific design of this proposal was presented to the City
Council by four (4) individuals with similar concerns as noted under the oral testimony in opposition
section above. The letters are incorporated into these findings by reference.
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COUNCIL DECISION:
The Council voted 3 to 0 (Merrill absent) to approve PP-1O-00 for a preliminary plat for Arbor
Ridge Subdivision (approved plan date stamped by the City on April 5, 2001) with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with text shown with strike-thru to be deleted by the Council and underline
text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated August 9, 2000 and October 4,
2000.
2. Provide a revised preliminary plat that delineates the proposed alignment of Arbor Ridge Way
extending from the parcel's southern boundary to Hill Road as a public right-of-way. This portion of
the roadway shall not be delineated or accepted as a private road.
3. Provide a revised preliminary plat (or verification) that clearly shows the cul-de-sacs having a
minimum 50-foot radius of right-of-way.
4. Provide a revised preliminary plat that delineates all building lots having a minimum of 35-feet of
street frontage.
5. Provide a revised preliminary plat that changes the width of the easement on the plat to 12-feet.
6. All street sidewalks shall be separated from the curb a minimum of 8-feet to allow landscape strips and
trees to be planted between the sidewalks and the street.
7. Submit plans to the City for review and approval by the City Engineer for a pressurized irrigation
system in accordance with ECC Section 9-4-1-9 (C), prior to City approval of a final plat.
8. Provide a revised preliminary plat showing the required 75-foot buffer along the entire eastern portion
of the site abutting State Highway 55, either as a common lot or as an easement.
9. Provide a revised preliminary plat that achieves a minimum of lO-percent usable open space. The
parkway strip located between the roadway and detached sidewalk will not be included as part of the
calculated open space.
10. Provide a revised preliminary plat that delineates all lots to be a minimum of 1O,000-square feet in
area.
11. Useable amenities such as skateboard parks, picnic tables, gazebos, swing sets, basketball courts, ball
fields and/or similar amenities shall be provided within the open space areas. Submit plans detailing
viable amenities to be reviewed and approved by the Design Review Board prior to the City processing
the final plat.
12. 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 each lot comer with the distance between trees to be no more than 80-feet or
less than 35-feet. The trees shall be located in a landscape strip between the sidewalk and the curb.
Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the
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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.
13. 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".
14. Subdivision signage, common area, street trees, pathways, buffer areas, perimeter fencing, etc. shall be
reviewed and approved by the Design Review Board prior to City approval of final plat.
15. Provide a 5-foot wide concrete meandering sidewalk along the east side of the entry roadway for this
site, labeled Arbor Ridge Way on the preliminary plat. The 5-foot wide sidewalk shall meander within
a 15-18-foot wide landscape strip and shall extend from Hill Road to the intersection of Arbor Ridge
Way and Honeysuckle Drive.
16. The applicant shall provide one stub street to the north property line of this site and one stub street to
the west property line of this site. Specific stub streets locations shall be determined by the City of
Eagle, ACHD, and the applicant.
17. Install a minimum 6-foot high fence along the north portion of this site (extending from the western
boundary of Echohawk Subdivision to the northwest comer of this site) and along the western portion
of this site (extending from Sadie Drive to the northwest comer of the subdivision). Fencing details
(i.e. materials, elevations) shall be reviewed and approved by the Design Review Board prior to City
approval of a final plat.
18. The Evan's Subdivision water blowout at the east end of Sadie Drive shall either be moved to the
outside of the roadway and be within the landscape area or a manhole for access shall be provided.
19. The applicant shall construct a center turn lane on Hill Road prior to the City approving the final plat
for phase two. A maximum of 22-10ts may be approved as part of the final plat for phase one (unless
the center turn lane has previously been constructed on Hill Road).
20. Post a sign at the intersection of Hill Road and Dickey Drive, and include language within the
subdivision's CC&R's, instructing all construction and contractor traffic to use Arbor Ridge Way.
Prior to the completion of Arbor Ridge Way, the developer shall maintain a construction road to the
site that does not have access in and through adjacent existing developments.
21. The developer shall, at the developer's expense, construct a 5-foot wide concrete sidewalk abutting the
south side of Sadie Drive within the existing 50-foot right-of-way. Design and construction of the
sidewalk shall meet all minimum requirements and shall be reviewed and approved by the Ada County
Highway District prior to the issuance of any building permits.
22. The developer shall, at the developer's expense, install a painted stripe (located 5-feet from the
existing edge of pavement) and "No Parking" signs abutting the east side of Dickey Drive from the
intersection of Dickey Drive and Sadie Drive to the intersection of Dickey Drive and Hill Road.
Design and installation of the painted stripe and signs shall be reviewed and approved by the Ada
County Highway District prior to the issuance of any building permits.
23. The proposed berm located on the eastern boundary of the Arbor Ridge development and abutting
State Highway 55 (not including the off-site extension of Arbor Ridge Way) shall be rough graded
prior to the issuance of any building permits. The landscaping of the berm and contiguous open space
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within phase two (phase two as shown on the phasing plan date stamped by the City on April 18, 2001,
incorporated herein by reference) shall be completed prior to the issuance of any building permits for
phase two. Prior to the City Clerk signing the final plat for phase two, the applicant shall either install
the required landscape improvements or provide the City with a letter of credit for IS0% of the cost of
the installation of all landscape and irrigation improvements.
24. The developer shall work with ITD and/or the highway district having jurisdiction to gain approval to
install and complete rough grading of a berm abutting the remaining eastern side of the proposed
Arbor Ridge Way (that portion not referenced in site specific condition number 23). The intent of the
City is to require the adjacent property owner to the south to complete the landscaping of the berm
when said parcel redevelops.
2S. The current Prime Earth gravel excavation and storage operation shall be brought into full compliance
with the conditions of the conditional use permit issued for the site, including but not limited to
maintaining a minimum 3: 1 slope along the perimeter boundary of the original parcel. Compliance
with the conditions of the conditional use application shall be reviewed and approved by City staff and
the City Engineer prior to the City Engineer signing the final plat.
26. The Prime Earth gravel operation shall maintain temporary fencing (in addition to the fencing required
within the conditional use permit issued for the site) at all times between the phased developments of
Arbor Ridge Subdivision and any portion of the operation not fully reclaimed and regraded.
27. The reclamation of the Prime Earth gravel operation west of State Highway 55 shall be completed
prior to the City signing of a final plat for any phases south of phases one and two (as shown on the
phasing plan date stamped by the City on April 18, 2001, incorporated herein by reference).
28. Strata Geotechnical Engineering shall submit a revised plat which delineates building envelopes for
those lots in which a portion of the lot may be situated upon questionable fill material and structure.
The City Engineer shall approve Strata's findings prior to the City Engineer signing the final plat.
29. The City and applicant acknowledge that the requirements of site specific condition number 28 and
drainage requirements may result in the reduction of the number of lots and a corresponding
reconfiguration of the roadways in the southern portion of the site. Such changes shall not require
resubmittal of a preliminary plat, but shall be reviewed upon submittal of a final plat.
30. All Prime Earth gravel operations west of State Highway 55, except for reclamation and regrading,
shall be completed prior to the issuance of any building permits for Arbor Ridge Subdivision phase
two (phase two as shown on the phasing plan date stamped by the City on April 18, 2001, incorporated
herein by reference). The site will be permitted to retain one (I) small rock crusher (limited to the size
of the rock crusher as represented in the photo date stamped by the City April 10, 2001) for the
processing of fill material for on-site installation only (not for crushing material for off-site use) and
shall be removed prior to the issuance of any building permits for phase two (as shown on the phasing
plan date stamped by the City on April 18, 2001, incorporated herein by reference). Equipment
necessary for the reclamation and regrading of the site will be permitted to remain on site provided it is
used exclusively for the reclamation and regrading.
31. The City will not approve any final plat which includes the northern property line of Arbor Ridge until
all issues involving the disputed northern property line are resolved to the satisfaction of the City
Engineer and City Attorney.
32. The developer shall provide documentation to the City which provides indemnity to the City of Eagle
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regarding the placement and compaction of the fill upon which the subdivision is to be constructed.
ST ANDARD CONDITIONS OF APPROVAL:
1.
2.
3.
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.
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.
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 fmal 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
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
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11.
12.
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 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.
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 [mal plat by the Eagle City Engineer.
12.
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.
13.
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, 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 fIre protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
14.
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
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IS.
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved 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 and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
16.
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.
17.
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.
18.
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.
19.
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".
20.
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.
21.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
22.
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.
23.
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.
24.
Basements in homes in the flood plain are prohibited.
25.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
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29.
30.
31.
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.
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.
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.
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 6, 2000.
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 11, 2000. 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 11, 2000. Requests for agencies' reviews
were transmitted on July 18, 2000 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 March 30,
2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
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feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on March 27,2001.
3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the City Council makes the following conclusions
for the preliminary plat application PP-lO-OO, Arbor Ridge Subdivision (approved plan date stamped
by the City on April 5, 2001), with the conditions required herein:
a. The subdivision will be harmonious with and in accordance with the general objectives or with
any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown
within the fmdings provided within this document, since the proposed residential use is in
accordance with the residential land use designation of this area shown within the
Comprehensive Plan and since roadway and pathway connectivity will be provided to adjacent
properties such that the subdivision will enhance vehicular and pedestrian safety and
circulation in the area by providing for intra-neighborhood connections which allows for the
travel of residences to adjacent subdivisions without increasing the traffic burden on the
arterial roadway system;
b. The subdivision will be served adequately by essential public facilities such as highways,
streets, police and fIfe protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the proposed use
shall be able to provide adequately any such services, as noted in the documentation provided
from said agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. The information required per Eagle City Code Section 9-5-5 "A, B, C, and D" has been
submitted to the City and, based upon that information and based upon agency verification and
additional written comments of the Eagle Fire District, Eagle Sewer District, and the Ada
County Highway District, or as conditioned herein, there is adequate public financial
capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
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 and provided the
conditions of approval herein are followed, the conditions required within the 1991
conditional use permit for this site are followed, and provided the reclamation of the gravel pit
(including but not limited to grading and filling) is completed in accordance with the
reclamation planes) submitted by Strata, Inc. and any and all requirements of the City Engineer
and/or any other governing agency;
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--" ~-n_-."__--- "
DATED this 26th day of June 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
1~4-<' -X-~~
Šharon Moore, Eagle City Cl rk
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