Findings - CC - 2002 - PP/FP-1-02 - Mercy Senior Village Subd. 5.44 Acre 544 N. Eagle
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A COMBINED PRELIMINARY PLAT AND
FINAL PLAT FOR MERCY SENIOR VILLAGE
SUBDIVISION FOR MERCY HOUSING IDAHO, INC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/FP-I-O2
The above-entitled combined preliminary plat and final plat application came before the Eagle City
Council for their action on June 18, 2002. 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:
Mercy Housing Idaho, Inc., represented by Glancey-Rockwell & Associates, is requesting
a combined preliminary plat and final plat approval for Mercy Senior Village Subdivision.
The 5.44-acre site is located on the east side of Eagle Road approximately 1,760-feet north
of State Street at 544 North Eagle Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 10, 2002.
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 May 4, 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 May 1, 2002. Requests for agencies' reviews were transmitted on January 14,
2002, 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 June 3, 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 May 29,2002.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 17, 2000, the Eagle City Council approved a rezone to Mixed Use with a
development agreement (MU-DA-P) for this site (RZ-8-00).
On April 23, 2002, the Eagle City Council approved a change to the rezone with
development agreement previously approved by the City from MU-DA-P (Mixed Use -
with development agreement-PUD) to MU-DA (removal of the PUD) and a change to the
)
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concept site plan within the development agreement (RZ-8-00 MOD).
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use MU-DA (Mixed Use with Residence & Church
development agreement)
Proposed No Change No Change Senior housing
North of site Mixed Use & R-9 (Residential) & R-4 Town homes & Single-
Residential Four (up to (Residential) family dwellings
4-units per acre max.)
South of site Residential Four (up to R-4 (Residential) Single-family dwellings
4-units per acre max.)
East of site Residential Four (up to R-4 (Residential) Single-family dwellings
4-units per acre max.)
West ofsite Mixed Use & R-4 (Residential) & PS Residence & Eagle
Public/Semi-Public (Public/Semi-Public) Elementary School
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 5.44-acres
Total Number of Lots - 4
Residential - 3
Commercial - 0
Industrial- 0
Common - 1
Total Number of Units - 70
Single-family - 1
Duplex - 0
Multi-family - 69
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 12.9 units per acre Limited within the
development agreement as
noted above
Minimum Lot Size 0.23-acres (9,870 square feet) 7,000 sq. ft.
Minimum Lot Width 70-feet (approx.) 50-feet
Minimum Street Frontage 35-feet O-feet
Total Acreage of Common Area 2.5-acres (approximately) .81-acres
Percent of Site as Common Area 54% (approximately) 15%
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent
incompatible features such as highways, railroads, commercial or industrial uses from
proposed residential properties.
Open Space:
The applicant will provide a total of 54% of landscaped area, 15% is the minimum
required.
The Design Review applications approved for this site (DR-03-02 and DR-22-02) show
landscaping within the planter strips, buffer areas, and open spaces. The landscape
development of individual building pad sites have been reviewed and approved by the
Design Review Board.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. Specific drainage system plans are to be submitted to the City Engineer
for review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, 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) - no
Preservation of Existing Natural Features:
Steep slopes exist on the southern portion of the site, for which a hillside development
report was submitted for review and approved by the City Engineer with the design review
application (DR-03-02) for this site.
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Existing trees on the site shall be retained and have been addressed with the design
reVIew.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
No new streets, street widening, or dedication of right-of-way to the Ada County Highway
District is planned with this application; the development will utilize an existing driveway
(proposed to be modified to improve vehicle movement) on Eagle Road.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design: N/a
Sidewalks:
A 5-foot wide detached sidewalk (separated from the curb with a 3-foot wide planter strip)
currently exists along Eagle Road abutting this site.
Curbs and Gutters:
Curb and gutter currently exists along Eagle Road abutting this site.
Lighting:
Lighting is proposed along all sidewalks, pathways and streets. The location and
specifications of the lighting shall be provided to the City Zoning Administrator prior to
the City Engineer signing the fmal plat.
Street Names: No new streets are proposed with this application.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Internal sidewalks will provide connecting pedestrian access between the buildings on the
site.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes
Riparian Vegetation -No
Steep Slopes - Yes - A Hillside Development report was previously submitted for review and
approved by the City Engineer.
Stream/Creek - New Dry Creek Canal
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
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, February 4, 2002, are of special
concern (see attached).
Ada County Highway District
Central District Health
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
United Water Idaho
Q.
LETTERS FROM THE PUBLIC: None received as of this date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 1 - Overview
1.3
The City of Eagle Vision Statement
d. providing diversified employment and housing opportunities for all economic
groups;
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Chapter 6 - Land Use
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial,
and residential developments. Uses should complement uses within the Central
Business District (CBD). Development within this land use designation should be
required to proceed through the PUD and/or Development Agreement process.
Residential density of up to twenty dwelling units per gross acre may be
considered by the City for this area.
6.7
Implementation Strategies
g. The mixed use area shown along both sides of Eagle Road between State
Street and Floating Feather Road is to allow development such as higher
density residential dwelling units and/or facilities such as senior assisted
housing, nursing homes and convalescent homes. Commercial uses in this
area are not permitted.
Chapter 9 - Parks, Recreation, and Open Spaces
9.5
Pathways and Greenbelts
Greenbelts are typically land areas that border scenic features or hazard areas (i.e.
the Boise River and Dry Creek) and are designed to prevent undesirable
encroachment. Greenbelts may include pathways and/or bike lanes.
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.
Chapter 10 - Housing
10.2
Goals
Encourage a variety of housing so that all residents can choose sound, affordable
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B.
C.
homes that meet individual needs.
10.3
Implementation Strategies
a. A wide diversity of housing types and choice between ownership and
rental dwelling units will be encouraged for all income groups.
b.
The location of all housing should be coordinated with provisions for
adequate public facilities and services.
c.
Development of housing for all income groups close to employment and
business centers should be encouraged.
d.
Explore incentives that will encourage the private sector to provide
affordable housing.
e.
Encourage compliance with federal fair housing laws and discourage all
forms of discrimination.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
designates a pathway to be constructed along the New Dry Creek Canal, abutting the southern
portion of this site.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
Section 8-2-1 MU MIXED USE DISTRICT:
To provide for a variety and mixture of uses such as limited office, limited commercial,
and residential. This District is intended to ensure compatibility of new development with
existing and future development. It is also intended to ensure assemblage of properties in a
unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD Zoning District. All development
requiring a conditional use permit in the MU Zoning District, as shown in Section 8-2-3 of
this Chapter, shall occur under the PUD and/or development agreement process in
accordance with Chapter 6 or 10 of this Title unless the proposed development does not
meet the area requirements as set forth in Section 8-6-5-1 of this Title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU Zoning District within
Section 8-2-3 of this Chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU Zoning
District a development agreement may be utilized in lieu of the PUD and/or conditional
use process if approved by the City Council provided the development agreement includes
conditions of development that are required during the PUD and conditional use process.
SUBDIVISION ORDINANCE PROVISIONS wmCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may
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.
request that the subdivision application be processed as both a preliminary and
final plat if all the following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
ECC Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels of land are subdivided into unusually large
lots (such as when large lots are approved for septic tanks), the parcels shall be
divided, where feasible, so as to allow for future re-subdividing into smaller
parcels. Lot arrangements shall allow for the ultimate extension of adjacent streets
through the middle of wide blocks. Whenever such future subdividing or lot
splitting is contemplated, the plan thereof shall be approved by the City Council
prior to taking of such action.
D.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ARTICLE II - CONDITIONS ON DEVELOPMENT
2.1
The development of the site shall be specifically limited to those residential uses listed
in Eagle City Code Section 8-2-3 with those uses being permitted as regulated herein.
All non-residential uses shall be prohibited (with the exception of the operation and
maintenance necessary for the running of the community center within the
development).
2.2
The concept plan attached herein (Exhibit "A") shall be the guiding plan for this
development. Minor changes to this plan may be considered by the City through the
Design Review process.
2.3
The owner shall submit a Design Review application for the site (as required by Eagle
City Code), and shall comply with all conditions required by Eagle as part of the
Design Review.
2.4
The development shall comply with the Zoning Code, as it exists in final form at the
time an improvement is made and the conditions within this agreement shall be
satisfied.
2.5
This development shall comply with the requirements of the Federal Fair Housing Act,
its amendments and regulations. Under fair housing guidelines, principal residents will
be seniors, however, they may have a household member who is not a senior.
2.6
This development shall be restricted to no more than 70-dwelling units (69-multi-
family and I-single-family). The development will include community space and
offices referenced in #2 above for use by senior residents.
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2.7
Landscape buffering and siting of the dwelling units shall mitigate the effects of the
development on adjacent homeowners.
2.8
The applicant's property shall be annexed into the Eagle Sewer District's service
boundaries and shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the approval of a building permit for this site.
2.9
The applicant's property shall be served by a central water system. The existing supply
well located near the northwest comer of the site shall be abandoned in accordance
with the regulations of the Idaho Division of Environmental Quality and or the Idaho
Department of Water Resources prior to the issuance of any occupancy permits for the
site.
2.10 Best Management Practices, as regulated by the Idaho Division of Environmental
Quality, shall be utilized in the design of all storm water retention facilities located on
the site.
2.11 The slope located to the south of the buildings shall be planted with vegetation to aid in
the prevention of erosion and weed growth. The type of vegetation used shall be
reviewed and approved by the Design Review Board.
2.12 The elevation of the eastern building shall be lowered to be equal in height
(approximately 18.5 feet as measured from the foundation to the peak of the roof) to
that of the existing building (former church building).
2.13 The existing residence located in the northwest comer of the site shall remain as a
single-family dwelling unit. The storage of hazardous material on the site shall be
prohibited.
E.
DISCUSSION:
.
Recently, an application submitted by the applicant (RZ-08-00 MOD) included changes to the
previously approved development agreement to allow the parcel to be developed with multi-
family residential uses specifically for older persons. The changes to the conditions of the
development agreement were approved by the City Council on April 23, 2002, and are
included in section D above for reference.
The applicant is requesting to subdivide the parcel due to various funding options provided by
state and federal agencies for the development of senior housing on the site. While the four
lots will remain under the control of one owner's association, Mercy Housing Idaho has found
it necessary to have separate lots in order to obtain funding and receive tax credits from
agencies such as the Idaho Housing and Finance Association.
.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
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The proposed combined preliminary and final plat:
l. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: A portion of this site is located on
a hillside, however, all hillside development concerns were addressed in a report
submitted with an application for Design Review (DR-O3-02);
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
.
The proposed combined preliminary/final plat includes four lots (3-residential, I-common).
Future re-subdivision(s) of any portion of this site will be required to comply with the recorded
development agreement and ECC Title 9 "Land Subdivisions".
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
shows a pathway traveling within the New Dry Creek Canal easement that intersects the
southern portion of the parcel. The canal is situated at the bottom of a steep slope with a
gravel service road running adjacent to the southern edge of the canal. Recently, during the
approval of Once Upon a Subdivision (residential), the City Council determined that because
of safety concerns as well as liability concerns on behalf of the canal company, a pathway was
not required adjacent to the Dry Creek Canal abutting the northern boundary of that
development. Because of the terrain and residential development abutting this subject site, an
alternative location may be considered infeasible since moving the pathway to the nearest flat
and unobstructed piece of land would not be in close proximity to any existing or planned
pathway. While these two situations are similar (considering both developments lie adjacent
to sections of the same canal), staff will defer to the Council as to whether the applicant should
construct a minimum lO-foot (10') wide asphalt pathway within the fifty-foot (50') wide New
Dry Creek Canal easement to provide a connection to the eventual City-wide pathway system
as delineated on the TransportationlPathway Network Map.
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 May 20,
2002, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (not including the applicant/representative).
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COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of PP/FP-I-02 for a combined preliminary
plat and [mal plat for Mercy Senior Village Subdivision with the site specific conditions of
approval and standard conditions of approval shown within their Findings of Fact and Conclusions
of Law document dated June 3, 2002.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 18, 2002, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by no one.
C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber abstained) to approve PP/FP-I-02 for a combined preliminary
plat and [mal plat for Mercy Senior Village Subdivision with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of
approval with text shown with strikethrough to be deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with any requirements of the City Engineer.
2. Comply with any applicable conditions of approval for DR-3-02, DR-22-02, RZ-8-00 MOD, and the
development agreement approved for this site by the City Council on April 23, 2002.
3. Provide a copy of the subdivision CC&R's showing that the owner's association shall be responsible
in perpetuity for the maintenance of the landscaping located throughout the site. The CC&R' s shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
4. CoBstmet a miniæaæ 10 foot wiàe asf3aalt pathway iR aø aflflroflriate 10eatioB OB this site as
àeteræiBeà by tae City CoRBeil ',vhieh æaææiBs the iRtøgrity aød iBteBàeà fuBetiøH of tae eveBwal
City wiEle flathway system as àeflieted aB the City of Eagle's 2000 COIBflFeheBsive Plaø TraøsflortatioB
I Path'Nay Netv;ork Mat> "1 of 2.
5. Revise Note #1 on the plat to state that all easements adjacent to a public street or subdivision
boundary shall be a minimum of twelve-feet (12') wide.
6. Revise Note #8 on the plat to state that the easement for ingress and egress shall include the use by
residents in addition to the lot owners.
7. All existing, healthy trees (as determined by a certified arborist) located on the site shall be preserved
unless removal is approved by the Design Review Board.
8. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing this final plat.
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ST ANDARD CONDITIONS OF APPROV AL:
1.
2.
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.
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 (1.c. Title 50, Chapter 13 and 1.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
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
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13.
14.
15.
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 flIst 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
(I) 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.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fIfe 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 fIfe 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 fIfe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the
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Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16.
Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the fmal plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21.
The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
24.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corp of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25.
Basements in homes in the flood plain are prohibited.
26.
The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
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28.
29.
30.
31.
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.
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 January 10,2002.
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 May 4, 2002. Notice of this public hearing was mailed to property owners within three-
hundred feet (3OO-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 1, 2002. Requests for agencies' reviews were
transmitted on January 14,2002, 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 June 3, 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
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City Code on May 29,2002.
3. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat and final plat (PP/FP-1-02) and based upon the information provided concludes that the proposed
combined preliminary plat and final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The requested combined preliminary plat and final plat complies with the approved zoning
designation of MU-DA (Mixed Use with Development Agreement).
b. The subdivision will be served adequately by essential public facilities such as highways,
streets, police and fire protection, 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 herein as well as the
development agreement approved for this site;
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 development will be required
to comply with the previously approved development agreement and design review
requirements; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served with central sewer to be served from Eagle Sewer District, will use
public water and fITe protection will be available from the Eagle Fire District and fire hydrants
will be provided where required; and
e. Will have vehicular a approach to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is utilizing an existing driveway
location approved by the Ada County Highway District and is subject to the requirements and
conditions herein; and since no new dedication of public right-of-way is proposed or required.
f. This development is in continuity with the capital improvement program since the required
public improvements are conditioned herein, have previously been installed or are expected to
be installed with the development of the buildings on the site as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public fmancial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Commission's
attention have been adequately addressed by the applicant or will be conditions of combined
preliminary plat and final plat approval as set forth within the conditions of approval above.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
fmal plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria to combine a
preliminary and final plat), has made the following conclusions:
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The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like. Note: A portion of this site is located on a
hillside, however, all hillside development concerns were addressed in a report submitted with
an application for Design Review (DR-O3-02).
4. All required information for both preliminary and final plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
DATED this 9th day of July 2002.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharo;¡K. Moore, Eagle City lerk
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