Findings - CC - 2002 - PP-12-01 - Lockwood Subd/23.46 Acre/28 Lot/1156 Ballantyne
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION)
FOR A PRELIMINARY PLAT FOR )
LOCKWOOD SUBDIVISION FOR )
RADA PROPERTIES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-12-01
The above-entitled preliminary plat application came before the Eagle City Council for their action on
February 26, 2002, at which time public testimony was taken and the public hearing was closed. The
Council continued the item to March 12, 2002, and made their decision at that time. The 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:
RADA Properties, LLC, represented by Land Consultants, Inc., is requesting a
preliminary plat approval for Lockwood Subdivision. The 23.46-acre, 28-lot (22-
buildable, 6-common) residential subdivision is generally located on the southeast comer
of Ballantyne Road and Floating Feather Road at 1156 Ballantyne Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 13, 2001.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on December 29, 2001. Notice of this public hearing
was mailed to property owners within three-hundred feet (300-feet) of the subject property
in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on December 21, 2001. Requests for agencies' reviews were transmitted on
November 16, 2001, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on February 9, 2002. Notice of this public hearing was mailed to property
owners within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 6.
2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: RZ-13-01 «Rezone from A (Agricultural) to R-l
(Residential -one unit per acre maximum»
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA nON
Existing Residential One (up to one A (Agricultural) Residence/Pasture
unit per acre maximum)
Proposed No Change R -1 (Residential) Residential Subdivision
North of site Residential Estates (up to R-E (Residential-Estates) Residences/ Oakley Estates
one units per two acres & RUT (Residential - Ada Subdivision
maximum) County designation)
South of site Residential One (up to one A-R (Agricultural- Baker's Acres Subdivision
unit per acre maximum) Residential)
East of site Residential One (up to one A (Agricultural) Residence/Pasture
unit per acre maximum)
West of site Residential One (up to one RUT (Residential- Ada Residence/ Pasture &
unit per acre maximum) & County designation) Daycare facility & ACHD
Publici Semi-public drainage pond
G.
DESIGN REVIEW OVERLA Y DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 23.46
Total Number of Lots - 28
Residential - 22
Commercial - 0
Industrial - 0
Common - 6
Total Number of Units -
Single-family - 22
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 .94-units per acre I-unit per acre maximum
Minimum Lot Size 37,013 square-feet 37,000 square-feet
Minimum Lot Width 130-feet (approx.) 1O0-feet
Minimum Street Frontage 36-feet 35-feet
Total Acreage of Common Area 1.l2-acres O-acres (minimum)
Percent of Site as Common Area 4.8% 0% (minimum)
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Berming, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat
A five-foot wide asphalt pathway is proposed that would abut one side of the roadways
within the sight, which would serve as part of the eventual city wide greenbelt system.
Open Space:
Will provide a total of 4.8% common area within the interior of the subdivision. 0%
common area is required for this zoning district.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed
Preservation of Existing Natural Features:
There are numerous existing trees located on this site. Eagle City Code Section 9-3-8 (B)
states that existing natural features which add value to residential development and
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enhance the attractiveness of the community (such as trees, watercourses, historic spots
and similar irreplaceable assets) shall be preserved in the design of the subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Originally private
Originally, the applicant proposed to construct two private roadways to serve the twenty-
two (22) single-family residential lots. The roadways were proposed to have been paved
as 28-foot street sections with concrete ribbons and abutting borrow ditches within a 52-
foot wide common lot, and terminate in cul-de-sac type turnarounds.
Pursuant to the City Council's request, the applicant submitted a revised preliminary plat
(date stamped by the City on March 6, 2002) which delineates public roadways. The
roadways are to be paved as 29-foot street sections within 42-feet of right-of-way with the
entrance into the subdivision (Woodmeadow from Ballantyne Road) to be paved as a 33-
foot wide street section within 50-feet of right-of-way.
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter date stamped by the City on November 13, 200 I.
Blocks Less Than 500': None
Cul-de-sac Design:
The applicant is to construct two cul-de-sacs which terminate in a turnaround within a
radius of fifty-feet at the end of each public road. One cul-de-sac (Woodcrest) measures
approximately 250-feet in length while the other (Woodriver) measures approximately
1,350-feet in length. Woodriver is to have two midpoint turnarounds constructed to allow
for vehicles to turn to travel in the opposite direction rather than needing to travel to the
cul-de-sac terminus. Each cul-de-sac and the two midpoint tum-arounds are to have a
common lot in the center for landscaping purposes.
Curbs, Gutters and Sidewalks:
Originally, curbs, gutters and sidewalks were not proposed within the subdivision.
Borrow ditches abutting the internal private streets were proposed in-lieu of curbs and
gutters to accommodate storm water runoff.
As delineated on the revised preliminary plat submitted to the City (date stamped by the
City on March 6, 2002) the applicant will construct curb and gutter separated from a 5-
foot wide concrete sidewalk by a 5-foot wide planter strip.
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City approving the final
plat.
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Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of
2 shows a pathway traveling along the canal that abuts the eastern boundary of this site.
Due to the steep slope of the canal and the possibility of the pathway having to make
multiple crossings over the irrigation ditches on the property, the applicant has proposed to
construct the pathway within the subdivision to function as a sidewalk as well.
Section 8.6p of the 2000 Eagle City Comprehensive Plan encourages the construction of
meandering sidewalks that are separated from the curb with a planter strip of sufficient
width for street trees on all streets.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A
complete environmental plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated December 27,2001, are of special
concern (see attached).
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Ada County Highway District
Central District Health
Department of Environmental Quality
Drainage District #2
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Co. Ltd.
Joint School District No.2
United Water
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS:
Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council
determines that the private street is in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topographY, or other features of the development or its surroundings such
that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one public
street to another, encouraging travel through the development served by the private
street;
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
The Comprehensive Plan Land Use Map designates this site as "Residential One", suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to one dwelling unit per one gross acre may be considered by the
City for this area.
9.5
Pathways and Greenbelts
Pathways are non-motorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
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9.5.1
Goal
To create a pathway system that provides interconnectivity of schools, neighborhoods,
public buildings, businesses, and parks and special sites.
9.5.2 Objectives
a.
To create a pathway system that reflects desire to have a pedestrian and bicycle
friendly community.
b.
To provide a network of central and neighborhood paths where residents are able
to safely access and utilize pathways for alternative forms of transportation.
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2-4 states in part that a minimum of 30-feet is required for front yard
setbacks and a minimum of 30-feet is required for street side setbacks within an R-l
zoning district.
.
ECC Section 8-2A-7 (J)(4)(a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets
classified as collectors, arterials, freeways, or expressways, to protect residential
communities from noisy, potentially dangerous, high-speed roads. The buffer area
shall be defined as the distance from the outside wall of the lowest story of any
single-family attached or detached dwelling and the right-of-way line of the
roadway. The lowest story must be screened from the view of any street classified
as a collector, arterial, freeway, or expressway. This buffer is required either on
individual lots or as an easement, or as part of the common open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within
the public right of way shall not be included as a part of the buffer area required
below. The height for berming/fencing, as noted below, shall be measured from
the elevation of the final grade of the adjacent roadway (measured at the
centerline) to the top of the proposed berming/fencing. The required buffer area
width, plantings, and fencing are as follows:
Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
A minimum of thirty five feet (35') wide buffer area (not including right of way)
shall be provided with the following plants per one hundred (100) linear feet of
right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24)
shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the
shade trees are substituted.
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A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized
vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly
designed concrete wall, or combination thereof shall be provided within the buffer
area. The maximum slope for any berm shall be three feet (3') horizontal distance
to one-foot (I') 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 five foot (5') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot (I') for every thirteen feet (13') of additional
buffer area added to the thirty five foot (35') wide buffer noted above.
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-5 (B) (2)
Except as may be otherwise set forth in this Section, private streets shall meet
such design and dimensional requirements as the Council may determine are
appropriate considering the proposed use and the site upon which the private
streets are to be placed, including, in the discretion of the Council, provisions for
sidewalks, curbs. and gutters; provided, however, that all private streets shall
contain paved travel lanes a minimum of twelve feet (12') in width (except as
noted herein) and shall otherwise provide for the safe, convenient and effective
movement of both vehicular and pedestrian traffic.
.
ECC Section 9-3-2-5 PRIVATE STREETS, states in part:
Private streets may be permitted at the discretion of the Council.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-6 (A)
Sidewalks shall be required on both sides of the street; except, that where the
average width of lots, as measured at the street frontage line or at the building
setback line, is over one hundred feet (100'), sidewalks on only one side of the
street may be allowed.
.
ECC Section 9-4-1-9 C (1) Pressurized Irrigation Facilities:
For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within
such subdivision shall be provided with a pressurized irrigation system to be
served with irrigation water unless a waiver, as outlined herein, is approved by the
City Council.
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D.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential One (up to one
unit per acre maximum). The applicant is proposing .94-units per acre.
.
The existing dwelling unit on Lot 13, Block 1, located within the northwestern comer of
this parcel (at the intersection of Ballantyne Road and Floating Feather Road), currently
has a driveway access to Ballantyne Road, located approximately 50-feet south of Floating
Feather Road. In the Ada County Highway District's draft staff report date stamped by
the City on January 7, 2002, the only access to Ballantyne Road that has been approved is
that of the private road to access the subdivision; no mention of a driveway to Lot 13,
Block 1, has been noted. Presumably, the applicant is proposing to utilize the existing
driveway on Lot 13, Block 1, to access Ballantyne Road directly rather than through the
subdivision. Because ACHD has not addressed this situation, the applicant should either
provide written documentation from ACHD approving the access from Lot 13, Block 1, to
Ballantyne Road OR revise the plat to provide access to Lot 13, Block 1, through the
internal roadway system of the subdivision rather than directly to Ballantyne Road, prior
to City approval of the final plat.
.
The non-conforming status of the existing single-family dwelling unit on Lot 13, Block 1,
has been addressed within the rezone application (RZ-13-0 I) accompanying this
preliminary plat application.
.
Eagle City Code states that residential developments are to be separated from abutting
collector roadways with a 35-foot wide buffer area. The preliminary plat designates 35-
foot wide common lots adjacent to the majority of the roadway of both Ballantyne Road
and Floating Feather Road abutting this site. However, there is no buffer area indicated
adjacent to Lot 13, Block 1 in the northwest comer of the site (with the existing dwelling
unit). The applicant should provide a landscape plan showing berming, fencing, and
planting details within the required 35-foot wide buffer areas along Floating Feather Road
and Ballantyne Road abutting this site, including Lot 13, Block 1, for review and approval
by the Design Review Board prior to City approval of a final plat.
.
The applicant has proposed the construction of private streets to serve the subdivision. The
applicant states in the justification letter for private streets (date stamped by the City on
November 13, 2001) that due to topography (the steep slope bank of the Dry Creek Ditch
to the east) and the existing subdivision to the south (Baker's Acres) a private road would
more appropriate for the site. While these are certainly valid points, it may be considered
that these are arguments more for the discontinuation of roadway access to abutting
properties rather than justification for a private road. That is, it may be physically
prohibitive to provide connectivity to abutting parcels but this does not mean that it is not
feasible for a public road to serve the property. Staff believes that adequate justification
has not been provided that would warrant the construction of a private road in-lieu of a
public roadway.
The City Engineer has raised a concern regarding the length of the roadways and the effect
that may have on emergency vehicle response time and ability to effectively access units
within the subdivision. Eagle City Code Section 9-3-2-1 (G) limits public road cul-de-
sacs to a maximum length of 500-feet. The City Engineer has proposed one possible
remedy which would entail extending the cul-de-sac shown on the preliminary plat as
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Woodcrest Place along the common lot lines of Lots 17, 18 and 21, Block 1, and
connecting to Woodriver Place, thereby creating a loop road. Staff believes that a loop
road would provide alternatives for more efficient traffic flow for access to the lots within
the subdivision for both emergency vehicles and the general public.
.
The applicant has not proposed any sidewalks within the subdivision. Eagle City Code
Section 9-3-2-S (B) (2) allows for the City Council to not require (at its discretion)
sidewalks abutting interior private streets (if private streets are approved). Further,
sidewalks are required only on one side of the street (on public roadways) if the average
frontage of the lots is 100-feet or more (which applies in this situation). On public roads,
the Ada County Highway District requires the construction of curb, gutter and sidewalk
abutting both sides of a street in subdivisions with parcel sizes smaller than 1.5-acres. The
applicant has proposed a 5-foot wide asphalt pathway within the subdivision that would
abut one side of the interior roadways. The 2000 Eagle City Comprehensive Plan's
Transportation/Pathway Network Map #1 of 2 shows a pathway traveling along the Dry
Creek Ditch on the eastern boundary of the site. The major obstacle to constructing the
pathway along the ditch is the steep terrain of the ditch bank of where the pathway would
be located. In addition, the Dry Creek Ditch authority may not allow the construction of a
pathway within the ditch's easement. The applicant has shown an alternative pathway
configuration that may be considered to function as a sidewalk and also may still serve the
intent of providing a connection to the eventual city-wide pathway system even though it
does not follow the exact recommended location as delineated on the
Transportation/Pathway Network Map.
The City Council has previously required that regional pathways (as in this case) should
have easements at least fifteen feet (15') in width and include a paved walk at least ten-
feet (10') in width. The applicant should construct the pathways a minimum of 10-feet
(10') wide through a l5-foot (15') wide easement as shown on the preliminary plat date
stamped November 13,2001.
In regard to sidewalks abutting Floating Feather Road and Ballantyne Road, the Ada
County Highway District is requiring that because of the proximity of the ditch to these
roadways, the sidewalks would need to be constructed within easements outside of the
right-of-way. This would place the sidewalks generally within the required 35-foot wide
buffer areas abutting the roadways. In past applications, the sidewalk has often been
located outside of the right-of-way which is beneficial in that it provides the pedestrian an
extra safety zone from traffic and allows for the buffer area to function as a usable amenity
as well as opposed to merely for screening. Staff supports the location of the sidewalk
within an easement outside of the right-of-way abutting Floating Feather Road and
Ballantyne Road.
.
The City Council has previously required that residential subdivisions in zoning districts
that include and exceed one dwelling unit per acre to provide street trees in a five-foot
wide (5') parkway strip, located along the roadway and between the back of curb and a
five-foot wide concrete sidewalk. Chapter 8 of the 2000 Comprehensive Plan encourages
the installation of street trees in a planter strip adjacent to all streets to provide a canopy
effect over the roadways. The applicant should provide a landscape plan for review and
approval by the Design Review Board showing the installation of street trees abutting both
sides of the interior roadways, prior to City approval of a final plat. The trees shall be
placed within the landscape strip between the edge of the roadway and the sidewalk at
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each side lot line. If the Council approves the construction of a sidewalk on one side of
the street only, then the trees on the side of the street with no sidewalk shall be placed
within five feet of the roadway at each side lot line.
.
The applicant has not provided a pressurized irrigation plan as required by Eagle City
Code. The applicant should provide a plan delineating the pressurized irrigation prior to
City approval of the final plat.
.
The preliminary plat shows three existing structures (dilapidated barns) located upon the
site with lot lines drawn directly through or adjacent to the structures on the preliminary
plat. Since these structures would not meet the minimum required setbacks as required by
Eagle City Code section 8-2-4, the buildings should be moved prior to the city Clerk
signing the final plat.
.
Lot 17, Block 1, is configured on the preliminary plat in such a way that there is frontage
on more than one street, which Eagle City Code defines as a through lot. While through
lots are not prohibited by Eagle City Code, common practice is to dissuade the design of
lots in this manner. The applicant should place a note on the final plat stating that access
from Lot 17, Block 1, shall be limited to the eastern lot boundary only (abutting
Woodriver Place).
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
14, 2002, at which time testimony was taken and the public hearing was closed. The Commission
continued the item to January 28, 2002, and made their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
(1) individual who felt this development would add value to his property, welcomes the idea of the
installation of a pathway and that private roadways would be appropriate than public roads.
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and
Zoning Commission by two (2) individuals with concerns regarding the need to save existing trees on
the site, access into the subdivision, the width of the internal streets, the end result of how end Lot 13.
Block I will develop and whether the site can accommodate drainage.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PP-12-0 I for a preliminary plat for
Lockwood Subdivision for RADA Properties LLC with the site specific conditions of approval
and standard conditions of approval as noted within their Findings of Fact and Conclusions of Law
document dated February 4, 2002.
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PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on February 26, 2002, at which
time testimony was taken and the public hearing was closed. The Council continued the item to March
12, 2002, and made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual
with concerns regarding maintenance of the landscaping adjacent to the street, maintenance of private
streets, placement of sewer lines, and the misunderstanding of a park being located on the northwest
comer of the site.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
app licant/representative).
D. Oral testimony neither in favor nor in opposition to this proposal was presented to the City Council by
one (1) individual with concerns regarding the need to save existing trees on the site, need for cul-de-
sacs to slow traffic, effects of noise from this site on surrounding properties, view of roofs and streets
from housing above the site, the need for the ACHD drainage swale to be aesthetically maintained,
pathway location away from canal and appreciation for the way the applicant has handled affairs thus
far.
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP-12-0l for a preliminary plat for Lockwood Subdivision for
RADA Properties LLC with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval with text shown with strike-
through to be deleted by the Council and text shown with underline to be added by the Council:
NOTE: The City Council approved the preliminary plat date stamped by the City on March 6,
2002, (incorporated herein by reference).
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements within the City Engineer's letter dated December 27, 2001.
2. Comply with all requirements of the Ada County Highway District.
3. The applicant shall provide written documentation from ACHD approving the access from Lot 13,
Block 1 to Ballantyne Road.
4. Provide a note on the plat stating that the 35-foot wide buffer areas abutting Floating Feather Road
and Ballantyne Road are located within COffiffiOH lots easements to be owned and maintained by
the homeowner's association. Provide a statement on the plat and within the CC&R' s that one
homeowners association in perpetuity shall maintain the COffiffiOB lots easements.
5. The applicant shall remove the existing structures from the parcel (located as shown on the
preliminary plat within Lots 17, 18 and 21, Block 1) prior to the City Clerk signing the final plat.
6. NOTE: THE FOLLO'.VING CONDITIONS SH.\LL ONLY PERTi\IN IF PRIV.\TE STREETS
,\RE ;\PPROVED BY THE CITY COUNCIL:
,^.. Provide a Bote OB the plat tHat states Lot 17, Block 1, shall have access to tHe road system
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only oa its eastern boHadary.
B. Provide a Rote OR the plat that states there sHall be RO parking allO'.ved OR tHe iRternal
private streets. Provide a state meat ia the CC&R's tHat prohibits parking on tHe internal
private streets. "No Parking" sigHs shall be posted oa one side of the streets. In regard to
parkiag on the private roadways, all coaditioas of the Eagle Fire Department's letter date
stamped by the City OR November 27,2001 shall be complied with.
C. Provide a note OR the plat that states that cadi lot mvner withia the sl:lbdivision has the
perpehlal right of ingress aad egress o'.'er the described private streets (Lot 26, Block 1)
aRd that the perpetl:lal ease meat shall fHR with the laRd.
D. Provide a copy of the SubdivisioR's CC&R's pro,,'iàiRg a plan and scHedl:lle f-or tae fl:lture
repair aRd maiRteRance of the private streets and drainage faeilities. The CC&R's shall be
ro'.'iewed anà approved by the City ERgineer prior to the City Clerk signing the final plat.
E. Provide a Rote Of} tHe plat that states that the restrictive eovenant f-or mainteaanee of the
private street caRRot be modified afld the homeov/Rers' association eannot be dissobed
withol:lt the express eonseat of tae City.
7. The applicant shall provide a plan delineating a pressurized irrigation system to serve all lots
within the subdivision prior to the City Council review of an application for the final plat.
8. ConstfHct a miaiml:lm 6 f-oot (€J') wide asphalt pathway withia a 10 foot (10') '""ide ease meat along
the internal roadways as shown oa the prelimiaary plat date stamped November 13, 200 I pl:lrsl:lant
to the City of Eagle's 2000 Compreheasive Plaa TraRsportation / Pathway Network Map #"1 of 2.
The pathway shall be constructed prior to the issl:lance of aay building permits.
9. Place a note within the CC&R's stating the pathway is to be maintained by the Lockwood
Subdivision Homeowner's Association. The CC&R's shall be reviewed and approved by staff
prior to the City Clerk signing the final plat.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at the front of each lot generally located on each side lot line.
The trees shall be located within ffi a the 5-foot wide landscape strip between the sidewalk and the
curb. If the Couacil approves a side'.valk for one side of the street only, theR the trees on the side
of the street with ao siàewalk shall be fJlaced within five feet of the road'say. Prior to the City
Clerk signing the final plat for each phase, the applicant shall either install the required trees,
landscaping, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements within the 5-foot wide landscape strip.
Trees, sod and irrigation shall be installed prior to obtaining any occupancy permits for the homes.
A temporary occupancy may be issued if weather does not permit landscaping.
11. Provide a copy of the subdivision CC&R' s showing the installation and maintenance requirements
for the proposed street trees. The CC&R' s shall be reviewed and approved by staff prior to the
City Clerk signing the final plat.
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12. The applicant shall apply for annexation to the Eagle Sewer District within one year of the
approval of the preliminary plat. Extensions of time for this approval will not be accepted. Final
plat approval will not be considered until annexation into the District has occurred.
13. Revise the density calculation on the plat under "Development Data" to read .94 units per acre.
14. Place a note on the final plat stating that access from Lot 17, Block 1, shall be limited to the
eastern lot boundary only (abutting Woodriver Place).
15. The applicant shall provide a landscape plan showing berming, fencing, and planting details
within the required 35-foot wide buffer areas along Floating Feather Road and Ballantyne Road
abutting this site. The applicant shall apply for an alternate method of compliance for the 35-foot
wide buffer area abutting Lot 13, Block 1, for review and approval by the Design Review Board
prior to City approval of a final plat.
16. The applicant shall provide a landscape plan showing sidewalks, pathways and street trees for
review and approval by the Design Review Board prior to City approval of a final plat.
ST ANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-1l8).
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
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14.
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
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.
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
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20.
21.
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
15.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
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22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
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.
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
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interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on November 13, 2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on December 29,2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on December 21,2001. Requests for agencies' reviews
were transmitted on November 15, 2001, in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 9,
2002. Notice of this public hearing was mailed to property owners within three-hundred feet (300-
feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code
and Eagle City Code on February 6, 2002.
3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-12-
01) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation of R -1 (Residential); and
b. Will be harmonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision including public streets; curb,
gutter and sidewalks with planter strips and street trees; and
C. Will be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by central sewer system that must be approved by
the Eagle Sewer District and will use public water to be served by the water company
having jurisdiction in that area. Fire protection will be available from the Eagle Fire
District and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f.
This development is in continuity with the capital improvement program since the
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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 26th day of March 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Page 19 of 19
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