Findings - PZ - 2003 - PP-3-02 - Hidden Island Subd/36 Acre/12-Lot/736 E. Riverside Way
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR HIDDEN ISLAND
SUBDIVISION FOR LARRY FLYNN
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-3-02
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on February 3, 2003. The Eagle Planning and Zoning Commission 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:
Larry Flynn, represented by Brian Flynn with Rocky Mountain Engineering and
Surveying, is requesting preliminary plat approval for Hidden Island Subdivision.
acre, 12-lot (11-buildable, I-common) residential subdivision is generally located
approximately Y2 mile east of Eagle Road at 736 East Riverchase Way.
The 36-
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 20, 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 July 29, 2002, and January 14, 2003. 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 July 24, 2002, and January 8, 2003. Requests for agencies'
reviews were transmitted on July 9, 2002 in accordance with the requirements of the Eagle
City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-2-02 & RZ-2-02 [Rezone upon Annexation from RUT- (Ada
County designation) to R-2 - Residential- (up to two units 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 Two (up to RUT (Residential- Ada Residence/Pasture
two-units per acre County designation)
maximum) & Floodway
Proposed No Change R-2 (Residential) Residential Subdivision
North of site Floodway & Mixed Use RUT (Residential- Ada Floodway & North Channel
County designation) of Boise River & Pasture
South of site Residential Two (up to R-2-P (Residential - RiversEnd Subdivision
two-units per acre Planned Unit
maximum) Development)
East of site Floodway & Residential RUT (Residential- Ada Floodway & RiversEnd
Two (up to two-units per County designation) & Subdivision & Pasture
acre maximum) Floodway & R-2-P
(Residential - Planned
Unit Development)
West of site Residential Two (up to A-R (Agricultural- Residence/ Pasture & Island
two-units per acre Residential) & R-2-P Woods Subdivision
maximum) (Residential - Planned
Unit Development)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 36.03
Total Number of Lots - 12
Residential - 11
Commercial - 0
Industrial - 0
Common - I
Total Number of Units -
Single-family - 11
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .30-units per acre (including floodway) 2-units per acre maximum
.62-units per acre (excluding flood way)
Minimum Lot Size 17,424 square-feet (approx.) 17,000 square-feet
Minimum Lot Width 85-feet (approx.) 75-feet
Minimum Street Frontage 55-feet (approx.) 35-feet
Total Acreage of Common Area 3.45-acres 3.6 -acres (minimum)
Percent of Site as Common Area 9.6% 10% (minimum)
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
A 20-foot (20') wide pathway easement has been delineated on the preliminary plat,
extending along the western boundary line from the proposed roadway north to the
proposed open space lot located in the northern portion of the subdivision. Details
regarding the width and construction of the path have not been provided.
Open Space:
A total of 9.6% common area within the interior of the subdivision has been proposed.
10% common area is required within the R-2 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 - not permitted within the R-2 zoning district
Preservation of Existing Natural Features:
The parcel is situated south of the north channel of the Boise River with numerous
existing trees located on the site. Existing standing cottonwoods (and trees that lay fallen
on the ground) at the site provide a habitat for many species of wildlife. Eagle City Code
Section 9-3-8 (B) states that existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
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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: Private
The applicant is proposing to construct one (1) private roadway, to be paved as a 3D-foot
wide street section with abutting I-foot wide concrete ribbons and borrow ditches within a
50-foot wide right-of-way.
Applicant's Justification for Private Streets (if proposed):
See applicant's justification letter date stamped by the city on July 9,2002.
Blocks Less Than 500': None
Cul-de-sac Design:
There is one cul-de-sac proposed for the subdivision with a length of 975-feet which
terminates within a 50-foot radius turnaround. A letter from the Eagle Fire Department
approving of the cul-de-sac length should be submitted to the City prior to the City
approval of a final plat.
Curbs, Gutters and Sidewalks:
Riverchase Way abutting this parcel is currently improved with curb, gutter and sidewalk.
One-foot wide concrete ribbons and borrow ditches abutting the internal private streets are
proposed in-lieu of curbs and gutters to accommodate storm water runoff. Sidewalks,
which are required, have not been proposed within the subdivision.
Lighting:
Lighting for the proposed subdivision is required. The location of street lights shall be
provided for review and approval by the City Zoning Administrator prior to the City
approving the final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has 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:
See Curbs, Gutters and sidewalks noted above.
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.
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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 - The majority of this area is designated as a Hazard
Area and Special Area in the Comprehensive Plan
Evidence of Erosion - no
Fish Habitat - yes
Floodplain - Yes - 1O0-year floodplain of the Boise River
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek - Yes - North Channel of the Boise River
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - not evident
Wildlife-yes
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An EAP report, and a wetlands delineation report, have been submitted with the
application and are attached for review.
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 January 6, 2003. are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Department of the Army Corp of Engineers
Eagle Fire Department
Eagle Sewer District
Joint School District No.2
United Water
Q.
LETTERS FROM THE PUBLIC:
Letter from Al Russell Jr., residing at 1350 South Willow Wood Way, Eagle, ID 83616,
date stamped by the City on January 27,2003
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
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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 land lock 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 Two", suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to two dwelling units per gross acre may be considered by the City
for this area.
.
The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2
designates a pathway to be constructed along the south side of the North Channel of the Boise
River, abutting the northern portion of this site.
Chapter 1
Overview
1.1
City of Eagle Statement of Purpose
The purpose of the Eagle Comprehensive Plan is to promote the health, safety,
and general welfare of the people of the City of Eagle and its Impact Area as
follows:
d.
To ensure that the important environmental features of the City and its
Impact Area are protected and enhanced.
g.
To ensure that the development of land is commensurate with the physical
characteristics of the land.
h.
To protect life and property in areas subject to natural hazards and
disasters.
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Chapter 6
Chapter 7
Land Use
Floodway areas are defined as specifically shown on the newest edition of the
Federal Emergency Management Administration maps along the Boise River and
Dry Creek (Generally shown on the Land Use Map which is a part of this Plan).
These areas are to remain open space because of the nature of the floodway which
can pose significant hazards during a flood event. Also. the tloodwa\ areas sh~¡J1
not be considered as a part of the minimum area of open space required with the
zoning ordinance unless developed as noted within this paragraph, and shall be
excluded from the gross land area for calculating residential densities permitted.
Any portion of the flood way developed as a substantially improved wildlife
habitat area open to the public. or useable public open space, such as a pathways,
ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
Natural Resources and Hazard Areas
7.8
Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas
within the Eagle Impact Area. Future areas may be added to the Comprehensive
Plan when deemed necessary.
Areas of flooding consists of two parts: (1) the floodway which is the most severe
area of flooding characterized by deep and fast moving water: and (2) the
floodplain which is less severe than the floodway and is characterized by
shallower and slower moving waters at the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River
would probably flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open
space area, a recreational area and/or a nature area may be encouraged in the
1O0-year floodplain of the Boise River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The
Federal Emergency Management Administration (FEMA) maps show specifically
where the floodway and floodplain boundaries are located. (Also, see Eagle City
Code for definitions of terms relating to the floodplain areas.)
7.9
Goal
Special concern and attention should be given to the preservation of fish, wildlife,
water resources, air quality, agriculture, open space and recreation-nature areas
when implementing planning and zoning decisions.
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Chapter 8
Chapter 9
8.3.0
8.3.1
8.6
9.5
Transportation
City of Eagle Functional Pathway Classifications
An effective pathway system should include a combination of Paths and Lanes.
The City of Eagle Transportation/Pathway Network Maps #1 and #2 illustrates the
various classifications and locations which are included in the pathway system
and described as follows:
Paths
Function:
To provide for recreation and alternative transportation; important to
provide safe continuous thoroughfares with minimal cross flow of
vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility
easements, irrigation canals, or adjacent to rivers or creeks. Paths could
also be located along roadway right-of-ways and would usually be
separated from vehicle travel lanes and the paved section of the roadway
by a median or sidewalk.
Implementation Strategies
e.
Encourage new development to provide for pedestrian, equestrian, and
bicycle circulation in accordance with the City of Eagle
Transportation/Pathway Network Maps #1 and #2, adopted local and
regional pathway plans, as may be needed for intra-neighborhood
connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
p.
Encourage sidewalks that are separated from the curb on all streets.
except for areas where Eagle City Code requires sidewalks to abut the
curb and where existing buildings, inordinate environmental impacts. or
other impacts make setting the sidewalk back infeasible. Meandering
sidewalks should be required where space permits. A planter strip of
sufficient width for street trees between the sidewalk and roadway should
be required to provide a canopy effect over the roadways. The type of
street trees used should be those which have root systems that have
proven to not cause sidewalk or curb damage when in close proximity to
such improvements.
Parks, Recreation and Open Spaces
Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle
and pedestrian lanes constructed as a part of a roadway.
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9.5.2
9.6
9.6.1
9.6.2
Chapter 11
11.1
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.
Objectives
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
g.
Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
Objectives
a.
To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer recharge,
watersheds, and wetlands.
b.
To provide an open space setting for active and passive recreation for all
age groups throughout the community.
c.
To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
d.
To protect the natural lay of the land (e.g., minimize land disturbance).
e.
To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
Special Areas and Sites
Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
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B.
c.
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in a
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills
possess a recognized function as a wildlife habitat, flood way and scenic natural
resource reflective of Eagle's rural character.
Chapter 12
Community Design
12.4
Implementation Strategies
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
1.
Encourage the development of pathways and open-space corridors throughout
the City.
q. Maintain the rural residential character and open space environment in and
around the City.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Wetland
areas, drainage ditches. irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
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.
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D.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and 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.
.
ECC Section 9-4-1-6 (A) SIDEWALKS AND PEDESTRIAN W ALKW A YS, states in
part:
Sidewalks shall be required on both sides of the street.
.
ECC Section 9-4-1-6 (F) SIDEWALKS AND PEDESTRIAN W ALKW A YS,
states in part:
3. Sidewalks shall be separated from the edge of the abutting roadway and/or
back of curb by a minimum five-foot (5') wide landscape strip. The landscape
strip shall be completed with sod, automatic irrigation, and planted with three-
inch (3") minimum caliper shade class trees along all streets within the
subdivision. Installation of landscaping shall be in accordance with section 8-
2A-7 of this code.
4. Trees shall be placed at the front of each lot generally located on each side lot
line. Minor variations to the location of a tree may be considered by the
design review board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in
subsection Fl of this section), then the trees on the side of the street with no
sidewalk shall be placed within five feet (5') of the edge of roadway.
.
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.
TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 10-1-3: Interpretation and Application of Provisions:
A.
Jurisdiction and Interpretation: This Title shall apply to all areas of
special flood hazards within the jurisdiction of the City. In the
interpretation and application of this Chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the City; and,
3. Deemed neither to limit nor repeal any other powers granted under
provisions of the Idaho Code.
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B.
Conflicting Laws: This Title is not intended to repeal, abrogate or impair
any existing easements, covenants or deed restrictions. However, where
this Chapter and other ordinance, easement, covenant or deed restrictions
conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum
of fifty-feet (50') from the flood way line.
.
ECC Section 10-1-8-5 (D) Open Areas:
Except for required berms, open areas such as parks, golf courses, greenbelt areas,
parking lots, etc., within the area of special flood hazard shall be designed and
operated so that they may flood and maintain existing natural storage capacity for
waters during the base flood event. Levees or berms shall not be used for flood
control.
E.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Two (up to
two-units per acre maximum). The applicant is proposing .62-units per acre (based on
available building area of 6.88-acres and excluding the right-of-way).
.
Currently, a single-family dwelling unit, a mobile home and a log cabin are located upon
the site and, additionally, the site is being used for the grazing of livestock. As a condition
of the annexation and rezone application accompanying this application, no more than one
dwelling unit is permitted to exist on the undivided parcel. It appears that any dwelling
unit existing after the approval of the annexation and rezone would most likely conflict
with the construction of the proposed roadway accessing the site and/or may not comply
with the minimum required setbacks with the proposed lot line delineations. In addition,
an accumulation of various materials has occurred over the years which may be considered
refuse. The applicant should be required to remove all discarded material and refuse, as
well as any single family dwelling that may conflict with the proposed roadway and/or lot
lines, prior to the City approval of a final plat.
.
The applicant has proposed to construct a private roadway to access the lots within the
subdivision, extending from Riverchase Way through a fifty-foot (50') wide lot into the
subject parcel and terminating within a cul-de-sac. The fifty-foot wide lot was created
with the platting of Island Woods Phase Three to provide access to this property, and
subsequently, dwelling units on either side of this lot have been constructed. In most
respects, this existing paved access has the appearance of a typical asphalt driveway
serving a single-family dwelling and is not intrusive to the abutting residences due to its
narrow width and landscaping on either side of the roadway. Staff would recommend that
given this current situation, the following recommendations, presented in a "finding"
format, may warrant the approval of a private roadway for this development (italicized text
is staff's response to the stated requirement):
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;
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Because the site only has access through a fifty-foot (50') wide lot located between
two existing dwellings, a private road may not be as intrusive (relative to the width of
a public road) upon adjacent properties. In addition, the private roadway would
utilize an existing culvert system (with modifications) over the Riverine Wetland. and
because the width of the private roadway improvements would not be as great of an
amount as those required for a public roadway, the amount offill required to
construct the private road would be less.
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
The private roadway has been designed to be paved with a width of thirty-feet (30'),
which provides sufficient space for two vehicles to pass without interference with the
other. A standard travel lane width for public roads is twelve-feet ( 12'), this
development has been proposed to have fifteen-foot ( 15') wide lanes constructed.
3. The private street provides adequate access for service and emergency vehicles;
The private roadway will provide sufficient space for emergency vehicles since the
road has been designed to be paved with a width of thirty-feet (30'. Typically
emergency service vehicles require a minimum of twenty-feet (20').
4. The private street does not adversely affect access or good transportation planning to
adjacent property and to the area travel networks;
This parcel is essentially bounded to the north and west with the Boise River
floodplain as well as various wetland areas, wherein developable land is mostly
nonexistent and would not require the service of a public road; to the south and east
there currently is an existing residential subdivision and/or a proposed residential
subdivision that do not provide additional roadway connection possibilities.
5. The private street does not land lock adjacent property due to topography or parcel
layout;
The private road does not create a new situation resulting in a landlocked parcel.
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;
The private road has been designed to terminate in a cul-de-sac and no connections
to adjacent properties have been proposed or required.
7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
Due to the limitations of the Boise River floodplain, development has occurred or has
been designed to circumvent the floodplain, and as such, public streets have not
planned or required to be continuous through this site.
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8. An appropriate mechanism has been established for the repair and maintenance of the
private street, including provisions for the funding thereof.
An appropriate mechanism will be required for the repair and maintenance of the
private street, including provisions for the funding thereof, within the required
CC&R's for the subdivision and with any necessary notes to be provided on the final
plat, all to be reviewed by the City Engineer and City Attorney prior to City approval
of the final plat.
.
The applicant has not proposed any sidewalks within the subdivision. Eagle City Code
Section 9-4-1-6 (F) requires the construction of a five-foot (5') wide concrete sidewalk,
with street trees placed within a five-foot wide (5') landscape strip, located along the
roadway and between the back of curb the sidewalk. Also. 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 a five-foot (5') wide concrete sidewalk and street trees abutting both sides
of the interior roadway, 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 each side
lot line. Staff recommends that a sidewalk be required on only one side of the street at the
entrance to the subdivision on Riverchase Way, in order that the current appearance of the
driveway is minimally disturbed with hardscape. However, additional landscaping should
be encouraged along the entranceway to enhance the appearance and provide additional
buffering for the abutting residences.
.
The applicant is currently in the process of seeking approval from FEMA through a
Floodway Line Revision to move the flood way line (of the southern edge of the North
Channel of the Boise River) northerly, ranging in distance from 230-feet to 320-feet from
its current location. Given the current location of the flood way line, the site is able to be
developed in the configuration presented on the preliminary plat date stamped by the City
on January 9, 2003. Should the flood way line be approved to be delineated farther north,
the effect on the proposed development would increase the building envelopes for the lots,
providing greater flexibility for the design and construction of homes; the quantity of lots
would not increase.
In staff s opinion, the movement of the flood way line northerly would most likely benefit
the building envelope of Lot 6, Block 1, which is narrow in width in its current
configuration. The Riverine Wetland lies easterly of Lot 6, Block 1. and the edge of the
cul-de-sac lies westerly, leaving a building envelope of only ten-feet (10') in depth for a
portion of the lot. The applicant should revise the roadway configuration and/or length in
order to provide a larger building envelope for Lot 6, Block 1, prior to the City approval of
a final plat. Pending the approval of the proposed FlOodway Line Revision, only minimal
changes to the roadway configuration may be necessary.
.
The preliminary plat date stamped by the City on January 9, 2003, delineates an apparent
landscape circle within the middle of the cul-de-sac. In addition, a triangular area has
been created in the location west of Lot 1, Block 1, between the proposed roadway and the
western boundary, essentially becoming a de facto lot. Typically, the City requires that
landscape islands and remnant land areas be designated as a Lot and Block on the plat,
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and in this instance, to be common lots to be owned and maintained by the homeowner's
association. The applicant should delineate on the final plat the aforementioned land areas
as common lots with a note on the plat stating the common lots are to be owned and
maintained by the Hidden Island Homeowner's Association. In addition, the applicant
should submit a landscape plan for review and approval by the Design Review Board
showing planting details for the landscape island within the cul-de-sac and the area
between the western edge of the private roadway and the western boundary of the
subdivision, prior to City approval of a final plat.
.
The applicant has designated Lot 12, Block 1, on the preliminary plat to serve as the
minimum required open space for the subdivision. This lot consists of 3.45-acres, which
is .15-acres short of the required minimum of ten-percent of open space for a residential
subdivision within an R-2 zoning district. The proposed open space lot is located on the
northern boundary of the subdivision and is proposed to be accessed by a twenty-foot
(20') wide easement along the western boundary of Lot 11, Block 1. Staff recommends
that this easement be delineated as a portion of the open space lot, (Lot 12, Block 1),
which would not only provide additional open space within the subdivision to meet the
required ten-percent minimum, but would also clearly define the property boundary of lot
11, Block 1. In addition, with the conditions listed herein to require landscape strips and
street trees abutting the private roadway, as well as the cul-de-sac island and area between
the western edge of the private roadway and western boundary of the subdivision, the
open space will exceed the minimum required with an additional .8-acres for a total of
4.25-acres (approximate). The applicant should delineate the proposed twenty-foot (20')
wide easement along the western boundary of Lot 11, Block 1, on the plat to be included
as a portion of the open space (Lot 12, Block 1), and to place a note on the plat identifying
the open space as a common lot to be owned and maintained by the Hidden Island
Homeowner's Association.
.
The proposed open space is similar to a portion of open space approved for the RiversEnd
Subdivision, which lies easterly of this development. A 5-acre nature preserve with nature
pathways was permitted to be located adjacent to the north channel of the Boise River. and
as such, is located within the Boise River Floodplain. Because structures (such as gazebos
or playground equipment) and encroachments are prohibited within the flood way, the area
was designated to remain in a natural state, with unpaved pathways to provide circulation
through the open space. The pathways in this nature area will eventually connect to the
City of Eagle green belt pathway system on the south side of the north channel of the
Boise River as shown the City of Eagle Comprehensive Plan Transportation / Pathway
Network Map #1 of 2. Staff will defer to the Planning and Zoning Commission and the
City Council to discuss the requirements to be placed on the open space for this
development regarding usable amenities and construction of the pathway.
.
At the intersection of East Island Woods Drive and Eagle Road, the installation of a traffic
signal is proposed to be constructed in the spring of 2003. The developers of Quarter
Circle Ranch (platted as Two Rivers), Island Woods and RiversEnd have each previously
been required to deposit a proportionate share for the cost of the traffic signal. While this
development would not be the only subdivision to use the intersection, it will contribute to
the current poor condition of the traffic at the intersection. The Eagle RoadlIsland Woods
Drive intersection is under the jurisdiction of ITD and the Ada County Highway District
and therefore the City is not able to require conditions in which it has no authority.
However, the City may recommend to these agencies that the developer of Hidden Island
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Subdivision be required to provide a proportionate share of the cost to construct a traffic
signal and other improvements at the intersection of Eagle Road and Island Woods Drive,
just as the developers of Quarter Circle Ranch (platted as Two Rivers), Island Woods and
RiversEnd have previously been required.
ST AFF 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 February
3, 2003, 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).
D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and
Zoning Commission by one (1) individual with concerns regarding the wildlife and wetlands in the
area, the condition of the existing bridge accessing the site and the possible encroachment onto
abutting property, and the possible granting of an access easement over this property to the property to
the west.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bloom absent) to recommend denial of PP-3-02 for a preliminary
plat for Hidden Island Subdivision since the companion annexation and rezone application (A-2-
02 & RZ-2-02) was not recommended for approval by the Commission.
The Commission stated that if the current floodway line is moved northerly (as approved by
FEMA through a LOMR or Floodway Line Revision), then a development of substantially the
same density could be built within an R -1 zoning district. This may allow some of the residents to
keep and graze horses and other animals in the floodway, thus perpetuating Eagle's rural identity.
The Commission further stated that if the City Council acts to approve the annexation and rezone
with an R-l or R-2 zoning designation, and subsequently a preliminary plat that does not differ
substantially from the plat proposed with this application, then the Commission recommends the
following staff recommended site specific conditions of approval and standard conditions of
approval with text shown with underline to be added by the Commission and text shown with
strike-through to be deleted by the Commission.
Note: The Commission determined that the issue of one property owner granting an access
easement to an adjacent property (when that property already has adequate access to public
streets) is a civil matter to be negotiated by the owners of said properties.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all applicable requirements of the City Engineer.
2. Comply with all requirements of the Ada County Highway District as noted within their Commission
report dated July 19,2002.
3. The applicant shall remove all structures from the parcel that will interfere with the proposed roadway
or lot lines. In addition, all refuse and other materials that have accumulated upon the site shall be
removed, prior to the City Council approving the final plat.
4. Place a note on the final plat stating utility easements shall be located on all front and rear lot lines.
The utility easements shall be a minimum of twelve-feet (12') wide.
5. Place a note on the final plat stating utility easements on side lot lines shall be a minimum of six-feet
(6') wide on either side of the lot line.
6. NOTE: THE FOLLOWING CONDITIONS SHALL ONLY PERTAIN IF PRIVATE STREETS
ARE APPROVED BY THE CITY COUNCIL:
A. The private street shall be designated on the plat as a Lot and Block, to be owned and
maintained by the Hidden Island Homeowner's Association.
B. Provide a note on the plat that states there shall be no parking allowed on the internal
private streets. Provide a statement in the CC&R's that prohibits parking on the internal
private streets. "No Parking" signs shall be posted on both sides of the streets.
C. Provide a note on the plat that states that each lot owner within the subdivision has the
perpetual right of ingress and egress over the described private street and that the
perpetual easement shall run with the land.
D. Provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future
repair and maintenance of the private streets and drainage facilities. The CC&R' s shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final plat.
E. Provide a note on the plat that states that the restrictive covenant for maintenance of the
private street cannot be modified and the homeowners' association cannot be dissolved
without the express consent of the City.
7. The applicant shall revise the roadway (Hidden Island Lane) configuration and/or length in order to
provide a larger building envelope for Lot 6, Block 1, prior to the City approval of a final plat.
Pending the approval of the proposed Floodway Line Revision, only minimal changes to the roadway
configuration may be necessary.
8. Comply with all requirements of Flood Plain Development Permit No. FPDP-5-02.
9. All new construction and substantial improvement of any residential structure shall have the finish floor
elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation.
10. Building envelopes shall be depicted on the final plat for all lots located within fifty-feet (50') of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final plat.
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The building envelopes shall be shown on the final plat to reflect the minimum fifty-foot (50') setback
from the floodway line.
11. In instances where the flood way line intersects the building lots, that portion of those lots lying north
of the floodway line (as determined by FEMA) shall be "non-build" portions of the lots and no
encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code
Section 10-1-8-5 CD). No equipment or vehicles shall be stored, or any solid-face fences constructed,
on any portion of these lots lying in the floodway and such shall be a condition to be within the
CC&R's. A note shall be placed on the final plat generally stating this requirement.
12. The applicant shall submit to the City a letter from the Eagle Fire Department approving of the cul-de-
sac length of nine hundred seventy five-feet (975'), priorto the City Council approval of a final plat.
13. All living trees that do not encroach upon the buildable area on any lot along the North Channel of the
Boise River shall be left in their natural state, to provide habitat for the existing birds and animals. A
detailed landscape plan showing how the trees will be integrated into the open space areas or private
lots (unless approved for removal by the Design Review Board) shall be provided for Design Review
Board approval prior to the City Council approval of a final plat.
14. The applicant shall delineate on the final plat the landscape island within the cul-de-sac and the area
between the western edge of the private roadway and the western boundary of the subdivision as
common lots, with a note on the plat stating the common lots are to be owned and maintained by the
Hidden Island Homeowner's Association.
15. The CC&R's for the Hidden Island Homeowner's Association shall provide that the association shall
have the duty to maintain and operate all of the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and
trees. The applicant shall provide a copy of the CC&Rs for review and approval, prior to the City
Clerk signing the final plat.
16. The applicant shall submit a landscape plan showing planting details for the landscape island within
the cul-de-sac and the area between the western edge of the private roadway and the western boundary
of the subdivision for review and approval by the Design Review Board, prior to City Council
approval of a final plat.
17. Any proposed subdivision identification signage shall be placed no closer than two-hundred feet (200')
east of Riverchase Way. No subdivision sign age shall be installed unless a design review sign
application is submitted for review and approval by the Design Review Board.
18. The sHbject property shall be aHaexed iato the Eagle So'Ner District's boHadaries withia ofle Iwadred
tweaty (120) days of tÀo appro'lal of the compaaioa aaRo"atioR a1'ld rezofle applicatioR (/\ 2 02 & RZ
2 02). No exteÐsioas of time for this approval will be accepted. þ>Jo fiRal plat approval shall be
coasidered Hatil aÐ.aexatioa iÐto tÀe District Has occHrred.
19. The applicant shall comply with all requirements of the Department of the Army Corp of Engineers
and the Idaho Department of Lands.
20. The developer shall provide three-inch (3") minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board prior to the City Council approval of a final plat)
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, within a landscape strip between the five-foot (5') wide
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concrete sidewalk and the concrete ribbon abutting the roadway. 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 five-foot (5') wide landscape strip. Trees shall be installed prior to
obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather
does not permit landscaping.
21. A five-foot (5 ') wide concrete sidewalk wiH-Ðe ~ required abutting 6fHy eRe both side~ of the first two
hündred feet (200') of Hidden Island Lane extending east from Riverchase Way~ UNLESS the
PlaFl8i8g a8à Z08iflg Commissio8 aeà the City Coü8eil deteræifle that a five foot (5') wiele eORcr-ete
sidewalk is required aloFlg both sides of the road\vay. Additional landscaping shall be installed along
both sides of Hidden Island Lane to enhance the appearance and provide additional buffering for the
abutting residences. Plans showing these planting details shall be reviewed and approved by the
Design Review Board, prior to the City Council approval of a final plat.
22. The applicant shall delineate the proposed twenty-foot (20') wide easement along the western
boundary of Lot 11, Block 1, on the plat to be included as a portion of the open space common area
(Lot 12, Block 1). A note shall be placed on the final plat identifying the open space as a common lot
to be owned and maintained by the Hidden Island Homeowner's Association. The Planning and
Zoning Commission recommends the pathway to be constructed a minimum six-foot wide with gravel.
with the City Council to have final determination of the pathway construction and usable amenities for
the open space. Plans showing these details shall be reviewed and approved by the Design Review
Board, prior to the City Council approving a final plat.
23. The applicant shall provide construction drawings for a pressurized irrigation system to service each
lot for review and approval by the City Engineer, at the time a final plat is submitted to the City. The
system shall be designed to meet all standards as required by the City Engineer. The plans shall
include a water rotation plan and schedule.
24. The applicant shall submit a design review application showing street lighting details for review and
approval by the Design Review Board prior to City Council approval of a final plat. The plans shall
show how the street lights will facilitate the "Dark Sky" concept of lighting.
25. Place a note on the final plat which states, in general, that surrounding land with farm uses and related
activities shall be protected pursuant to the Idaho Right to Farm Act.
26. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
27. The applicant shall install at the entrance to the Hidden Island Subdivision a 4' x 4' plywood or other
hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet
above the ground) noticing the contractors to clean up daily, no loud music, no dogs off leash, and
construction shall only be conducted between the hours of 8 a.m. and 7 p.m., Monday through
Saturday and prohibited on Sunday.
28. The applicant is encouraged to coordinate with abutting property owners to route construction
equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over to enter the
construction site through an access other than the existing driveway.
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29. A reclamation plan for the gravel pit located in the easterly northeast portion of the parcel shall be
submitted with (or before) the final plat application for review and approval by the City Engineer. The
reclamation shall be completed pursuant to the approved plans, prior to the City Engineer signing the
final plat. The applicant shall pay all engineering fees incurred for the review of the reclamation plan.
prior to the City Clerk signing the final plat.
30. Plans showing construction details mitigating wetland impact of the proposed bridge crossing over the
Riverine Wetland shall be submitted for review and approval by the City Engineer. prior to the City
Council approving a final plat.
31. If a gate is allowed to be installed to limit access on Hidden Island Lane. the gate shall be located a
minimum of two-hundred-feet (200') easterly of Riverchase Way (approximately measured at the north
easterly end of the curve delineated as C2 on the preliminary plat date stamped by the City on January
9. 2003). A triggering device or code shall be provided to accommodate the collection of garbage.
mail delivery and similar services. each of which is to be provided for at each home site (no communal
facilities).
SPECIAL RECOMMENDATION TO ITD AND THE ACHD:
The City recommends that the Idaho Transportation Department and the Ada County Highway
District require the developer of Hidden Island Subdivision to provide a proportionate share of the
cost to construct a traffic signal and other improvements at the intersection of Eagle Road and
Island Woods Drive as the developers of Quarter Circle Ranch PUD (final platted as Two Rivers
Subdivision), Island Woods PUD and RiversEnd PUD have previously been required.
STANDARD CONDITIONS OF APPROVAL:
1.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2.
Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3.
Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (Lc. 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.
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12.
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
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.
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.
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17.
18.
19.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 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.
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.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
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28.
29.
30.
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 pennit 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
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
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certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31.
The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on June 20, 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 July 29, 2002, and January 14, 2003. 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 July 24,2002, and January
8, 2003. Requests for agencies' reviews were transmitted on July 9, 2002 in accordance with the
requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-3-02) and based upon the information provided concludes that the proposed preliminary plat
application is not in accordance with the City of Eagle Title 9 (Land Subdivisions) since the rezone
proposed as a companion to this application was denied by the Commission.
The Commission further stated that consideration should be given to developing this property through
the PUD process to avoid long and narrow lot configurations within the flood way, and to prevent the
construction of consecutive fence lines that would spoil the view of the open flood way space from the
greenbelt pathway along the North Channel of the Boise River. In addition, the Commission
recommended consideration be given to locating the common lot open space to the east, adjacent to the
proposed RiversEnd Subdivision common lot and the greenbelt pathway. This open space should also
be available for public use as well as for access to the greenbelt pathway for residents living south of
this proposed development.
DATED this 18th day of February 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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K:\Planning Dept\Eagle Applications\SUBS\2002\Hidden Island pzf.doc