Findings - PZ - 2003 - PP-5-03 - Oakhaven Subd/18-Lot/30.72 Acres/657 E. Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR OAKHA VEN
SUBDIVISION FOR DOUGLAS CARNAHAN
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-5-03
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on October 6,2003. 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:
Douglas Carnahan, represented by David Bailey, P.E. with Bailey Engineering Inc., is
requesting preliminary plat approval for Oakhaven Subdivision, an 18-lot (14-buildable,
4-common) residential subdivision. The 30.72-acre development is located approximately
If.¡ mile east of Eagle Road and south of Beacon Light Road, at 657 E. Beacon Light Road.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 7,2003.
c.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on August 26, 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 August 20,2003. Requests for agencies' reviews were transmitted on August 8,
2003, in accordance with the requirements of the Eagle City Code.
D.
HISTORY OF RELEVANT PREVIOUS ACTIONS: (None)
E.
COMPANION APPLICATIONS: A-3-04 & RZ-4-03 [Rezone upon Annexation from RUT- (Ada
County designation) to R-E - Residential-Estates - (up to one unit per two-acres
maximum)]
Page 1 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates (up to one RUT (Residential - Ada Wholesale Nursery
unit per two acres maximum) County designation)
Proposed No Change R-E (Residential) Residential Subdivision
North of site Residential Estates (up to one RUT (Residential- Ada Sunnybrae Subdivision
unit per two acres maximum) County designation)
South of site Residential Estates (up to one A-R (Residential) Los Luceros Subdivision
unit per two acres maximum)
East of site Residential Estates (up to one A-R (Residential) Los Luceros Subdivision
unit per two acres maximum)
West of site Residential Estates (up to one R-E (Residential) Bighorn Subdivision
unit per two acres maximum)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 30.72
Total Number of Lots - 18
Residential- 14
Commercial - 0
Industrial - 0
Common - 4
Total Number of Units-
Single-family - 14
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
Page 2 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre A5-units per acre I-unit per two-acres maximum
Minimum Lot Size 1.799-acres 78,389 s. f.) 1.8-acres (78,408 s. f.)
Minimum Lot Width 230-feet (approx.) 100-feet
Minimum Street Frontage 35-feet 35-feet
Total Acreage of Common Area 1.26-acres (55, 118-s. f.) Not required in R-E zone
Percent of Site as Common Area 4.06% Not required in R-E zone
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7 (J)(4)(b), the applicant will construct a
fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the
northern boundary of the development. The applicant will install street trees and grass
within the swale areas abutting the internal roadways within the development. A pump
house located within Lot 11, Block 3, for the pressurized irrigation system, will be
required to be screened from the view of neighboring properties and the roadways.
Benning, fencing and landscaping details are required for Design Review Board review
and approval prior to City approval of a final plat.
Open Space:
In addition to the buffer area along Beacon Light Road, the applicant is to provide a pond
for irrigation water storage located within a landscaped common lot (Lot 11, Block 3), and
to construct a landscape island located at the intersection of Beacon Light Road and
Scarlett Oak Way. The total common area within the subdivision will consist of
approximately 1.26-acres or 4.06% of the site. Eagle City Code does not require a
minimum area of open space for the R-E zoning district.
Stonn 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&Rs
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) - yes
Page 3 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
Preservation of Existing Natural Features:
The parcel has existing trees (not including the trees used as nursery stock) located mainly
around the on-site structures. 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, 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: Public
The applicant will construct Scarlett Oak Way extending southerly from Beacon Light
Road, and Blackoak Drive will extend to the southwest from Scarlett Oak Way; both
roadways will tenninate in cul-de-sacs. A stub street (Fisher Street) will extend from
Blackoak to the property to the northwest to provide intra-neighborhood connectivity upon
the development of that parcel. The roadways are to be built as 30-foot street sections
with abutting I-foot wide concrete ribbons and grass-lined borrow ditches on either side,
within a 50-foot wide public right of way. The stub street to the northwest will tenninate
in a paved temporary turnaround.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Scarlett Oak Way is a 600-foot (approximate) long cul-de-sac, Blackoak Drive is 150-feet
(approximate) in length; both cul-de-sacs have a radius of 50-feet for turning movements.
Eagle City Code pennits cul-de-sac lengths to be 1,500-feet in the R-E zoning district, if
approved by the Eagle Fire Department.
Curbs, Gutters and Sidewalks:
Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk. Borrow ditches abutting the internal private streets are proposed in-lieu of curbs
and gutters to accommodate stonn water runoff. Sidewalks are not proposed within the
subdivision; 4-foot wide striped paths on both edges of the roadways are proposed. A 5-
foot wide meandering concrete sidewalk is proposed along Beacon Light Road abutting
the northern portion of this site.
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City approving the final
plat.
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.
Page 4 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Striped bike and pedestrian walkways along both sides of the roadways are required within
the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L.
PUBLIC USES PROPOSED: None
M.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
N.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife-unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
An environmental assessment plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated September 4, 2003, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Power
Joint School District No.2
Page 5 of17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
Q.
LETTERS FROM THE PUBLIC:
Letter date stamped by the City on September 30, 2003, from Joseph and Carol Meadows,
636 Los Luceros Circle, Eagle, ill 83616
STAFF ANALYSIS PROVIDED WITIllN 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 Estates, suitable
primarily for single-family residential development on acreages that may be in transition from
agricultural to residential use or may combine small-scale agricultural uses with residential
uses. Residential density of up to one dwelling unit per two gross acres may be considered by
the City for this area.
Chapter 8
Transportation
8.6
Implementation Strategies
o. Encourage arterial and collector roadway design criteria consistent with the
rural nature of planned and existing developments generally within the areas
designated on the Land Use Map as Residential Rural (one dwelling unit per
five acres maximum) and Residential Estates (one dwelling unit per two acres
maximum). Such designs should include the following:
1. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be
encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be
needed if portions of the sidewalk and/or pathway is to be located outside
of the right-of-way.
3. Unless otherwise detennined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only
at driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where detennined to be
necessary for safety by ACHD. Any portion of a center turn lane which is
not used for such a driveway or intersection should be landscaped. Such
landscaped medians would need to be maintained by the City and would
require a license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides
of the roadway.
5. A minimum building setback ordinance resulting in a setback of
approximately 125-feet from the roadway centerline should be considered
to be adopted by the City.
Page 6 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-2A-7 (J)(4)(b)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for benning/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed benning/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as a minor arterial on the AP A Functional Street Classification Map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, benn, panelized vinyl fence,
decorative block wall or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope
for any benn shall be three feet (3') horizontal distance to one-foot (1') vertical distance. If
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the benn, a four
foot (4') wide flat area at the top of the benn shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
pennitted.
The five foot (5') minimum height requirement for the benning/fencing shall be pennitted
to be decreased one foot (I') for every thirteen feet (13') of additional buffer area added to
the fifty foot (50') wide buffer noted above.
C.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS:
In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet
(1,500') in length may be pennitted by the City if approved by the Fire
Page 7 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
D.
Department and the highway district having jurisdiction. No more than twenty
(20) dwelling units shall be permitted on said cul-de-sac.
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-6 (F) (6) SIDEWALK DESIGN:
In zoning districts which prohibit densities greater than one dwelling unit per two
(2) acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols)
on both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one
unit per two-acres maximum). The applicant is proposing A5-units per acre.
.
The proposed design of this subdivision complies with the technical requirements (or will
pursuant to the conditions outlined herein) of Eagle City Code and includes aesthetic features
such as tree lined streets and a landscaped common lot which may serve the dual purpose of
irrigation water storage as well as open space for the use of the residents (a minimum amount
of open space is not required in the R-E zoning district). This discussion point is only
pertinent in that the applicant has chosen to include elements to the development which are
above and beyond that which are characteristic of a typical subdivision located within the R-E
zoning district.
.
From the proposed intersection of Scarlett Oak Way and Blackoak Drive, the applicant
proposes to construct Scarlett Oak Way southerly as a 600-foot long cul-de-sac. Eagle City
Code pennits cul-de-sacs to be a maximum of 1,500-feet in the R-E zoning district if both the
highway district and fire district having jurisdiction approve of the length of the roadway. The
Ada County Highway District report dated September 4, 2003, does not mention that there is
an issue with the length of the cul-de-sac, and in general, the highway district leaves the length
of roadways to the discretion of the City. Staff recommends the approval of the 600-foot cul-
de-sac length for Scarlett Oak Way, with the condition that the applicant provide a letter from
the Eagle Fire Department approving of said roadway configuration.
.
The applicant proposes to abandon two existing ditches on the site, as well as protect a third
ditch located on the southern boundary of this site. As noted with the letter from Bailey
Engineering date stamped by the City on September 15,2003, the applicant intends to receive
approval of the final construction drawings from the Farmer's Union Canal Company for the
rerouting of the irrigation water provided through the current ditches. However, the canal
company does not claim responsibility for downstream water use beyond the weir box
(diverter), and as such, may not be too concerned with the construction of the rerouted ditches.
To ensure the ditch is designed and constructed correctly, and to provide the uninterrupted
delivery of irrigation water to downstream users, the applicant should submit to the City
Engineer construction drawings for the rerouted ditches for review and approval prior to the
approval of a final plat.
.
An existing two-acre parcel located adjacent to the southwest corner of this proposed
Page 8 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
development (labeled as "not a part" on the preliminary plat) has access to the public roads
through an easement only and is therefore a non-confonning lot, since Eagle City Code
requires lots within residential zoning districts to have a minimum of 35-feet of frontage on a
public or private roadway. Although this parcel is not a part ofthe subdivision, the applicant
proposes to extend Blackoak Drive to this parcel, thereby providing frontage (35-feet) and
access to a public roadway, and alleviating the non-confonning status of the lot.
STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
6, 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 eight (8) individuals with concerns regarding the compatibility of 5-acre sized lots with 2-acre sized
lots, the need to protect the property rights and quality of life of existing property owners, the effects of
new septic systems on adjacent properties, the additional impacts on the congested roadways and
overcrowded schools, the need to protect the "rural" character of the area that has been established,
and the need to design irrigation ponds with measures that will not promote the breeding of mosquitoes
and the spread of the West Nile virus.
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. Written testimony in opposition to this proposal was previously submitted to the Planning and Zoning
Commission, as noted under section "0" under the Findings of Fact written above.
COMMISSION DECISION:
The Commission voted 3 to 1 (Bandy absent, Crook against) to recommend approval ofPP-5-03
for a preliminary plat for Oakhaven Subdivision with 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:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer in the letter dated September 4, 2003.
2. Comply with all requirements of the Ada County Highway District as noted within the report dated
September 4,2003.
3. Construct Provide an easement for a 5-foot wide (minimum) meandering concrete sidewalk along
Beacon Light Road abutting the site, generally located as shown on the preliminary plat date stamped
by the City on August 7, 2003.
4. Revise the plat to change the utility easement width (as stated in Note #1) to a minimum of 12-feet
Page 9 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
wide.
5. Revise the plat to change the easement width of side lot lines (as stated in Note #2) to a minimum of 6-
feet wide on either side of the lot line. Revise the rear lot utility easement to a minimum of 12-feet
wide.
6. Revise the plat to accurately reflect all dimensions and stated lot areas within the subdivision to
measure a minimum of 78,408 square-feet, specifically Lot 3, Block 3.
7. Submit, with the final plat, a striping plan showing a 4-foot wide path striped on both edges of all
roadways within this site. The plan shall include pedestrian designation markings such as diamonds or
pedestrianlbicycle symbols to be included with the striped areas.
8. All utility poles providing service to the existing structures on the site shall be removed, prior to the
issuance of any building pennits for the site. All utility service lines serving existing structures and the
building lots shall be placed underground.
9. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from
the site prior to the City Clerk signing the final plat. Demolition pennits shall be obtained from the
City prior to the commencement of any demolition on the site.
10. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a
maximum slope of 4:1 (or as approved by the Ada County Highway District), planted with grass seed
or sod and shall be maintained by the homeowners association.
11. The developer shall provide 3 iaeR mffiiHR:lffi appropriately sized caliper shade-class trees as
detennined by the City Forester (landscape plan to be reviewed and approved by the Design Review
Board) along both sides of all streets within this development. Trees shall be placed at the front of
each lot on the side lot lines, or as approved by the Design Review Board and within five-feet (5') of
the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install
the required trees, sod, 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 swales (borrow ditches). Trees
shall be installed prior to obtaining any occupancy pennits for the homes. A temporary occupancy
may be issued if weather does not pennit landscaping.
12. All living trees (except those recowized as nurserv stock and not established old growth trees) that do
not encroach upon the buildable area on any lot shall be preserved, unless otherwise detennined by the
City Forester. 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 City Forester and the Design Review Board)
shall be provided for Design Review Board approval prior to the submittal of a final plat. The
applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent
to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction)
to protect all trees that are to be preserved, prior to the commencement of any construction on the site.
13. The applicant shall provide a landscape plan showing benning, fencing, and planting details within the
required 50-foot wide buffer area along Beacon Light Road abutting this site for review and approval
by the Design Review Board, prior to City approval of a final plat. The landscaping plan shall also
include planting details for the installation of trees along the eastern and southern subdivision
boundary lines (abutting Los Luceros Subdivision) to mitigate lot-size compatibility concerns. The
berm and landscaping shall be installed prior to the issuance of any occupancy pennits within the
subdivision.
Page 10 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
14. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the edge
of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of
this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and
kept free of weeds and debris.
15. The applicant shall submit a design review application showing any proposed subdivision signage and
a landscape plan showing planting details within the proposed landscape island located at the
intersection of Beacon Light Road and Scarlett Oak Way for review and approval by the Design
Review Board prior to City approval of a final plat.
16. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site, prior to the City Clerk signing the final plat.
17. The applicant shall submit a design review application with a landscape plan showing planting details
for Lot 11, Block 3 (common lot), including screening details of the irrigation pump house, for review
and approval by the Design Review Board prior to City approval of a final plat. Construction plans
shall be submitted to the City Engineer for review and approval showing devices (such as the "Ouiet
Pack" system or rubber bumpers) to be installed on the irrigation pump. If the pump is not
submersible. but is instead installed above ground. the pump must be housed within an insulated above
ground pump enclosure. to mitigate the noise generated by said pump. The irrigation water storage
pond shall be designed with methods that will prevent stagnation and breeding: of pests.
18. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all
common lots located within the development. The applicant shall provide a copy of the CC&Rs for
review and approval, prior to the City Clerk signing the final plat. The entire Oakhaven development
shall remain under the control of one Homeowner's Association.
19. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all
swales (borrow ditches) located within the development. The clause shall further state that the swales
(borrow ditches) are not to be filled with soil or other material that would block proper drainage. The
applicant shall provide a copy of the CC&Rs for review and approval, prior to the City Clerk signing
the final plat.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is to be extended in the future".
21. Place a note on the final plat which states in general that surrounding land with fann uses and related
activities shall be protected pursuant to the Idaho Right to Fann Act.
22. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation of the ditches currently accessing the site and under the purview of the
Company.
23. Submit construction drawings to the City Engineer for review and approval of those ditches not under
the purview of the Fanner's Union Canal Company to ensure the relocated ditches are designed and
constructed correctly to provide uninterrupted delivery of irrigation water to downstream users. The
plans shall also show how the existing ditch located on the southern boundary of this site is to be
protected in place.
24. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
pollution. Shielding shall be installed on the streetlights to prevent the light from projecting
Page 11 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
horizontallv into adjacent properties. The applicant shall submit cut sheets showing street lighting
details for review and approval by the Zoning Administrator prior to the submittal of a final
development plan and final plat.
25. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has perfonned an inspection of the site shall be
submitted prior to the issuance of any building pennits for the site.
26. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
27. Provide a clause in the CC&Rs regarding standards for each homeowner to install measures to prevent
light from fixtures installed on each individual dwelling. and associated lot. from projecting
horizontally into adjacent properties. The applicant shall provide a copy of the CC&Rs for review and
approval. prior to the City Clerk signing the final plat.
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 (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 pennitted, 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
Page 12 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
9.
10.
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
perfonnance 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 fmal plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be detennined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Page 13 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
15.
b.
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 pennits.
The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building pennit.
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
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 stonn
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City
Attorney prior to the City Engineer signing the final plat.
17.
The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
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
Page 14 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
23.
24.
25.
26.
27.
City Council consideration of the final plat.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by
the City Engineer.
The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the 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.
Basements in homes in the flood plain are prohibited.
The Americans with Disabilities Act, Unifonn Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (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
perfonnance 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.
29.
In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30.
Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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 hannless for
any and all water rights, claims in any way associated with this application.
Page 15 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 7,2003.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on August 26, 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 August 20, 2003. Requests for agencies' reviews
were transmitted on August 8, 2003, 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-5-03) and based upon the infonnation provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning
designation ofR-E (Residential); and
b. Will be hannonious with and in accordance with the general objectives of title 9 of the
Eagle City Code since the development is consistent with the Comprehensive Plan and
provides the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be hannonious and
appropriate in appearance with the existing and intended character of the general
vicinity and that such use will not change the essential character of the same area,
since the proposed residential use is in accordance with the residential land use
designation of this area shown within the Comprehensive Plan and the subdivision has
been designed to configure the lots in a ratio of approximately 1: 1 with the existing
lots within Los Luceros Subdivision to mitigate lot-size compatibility concerns; and
d. Will not create excessive additional requirements at public cost for facilities and
services as the site will be served by septic systems that must be approved by Central
District Health and will use public water to be served by the water company having
jurisdiction in that area. Fire protection will be available from the Eagle Fire District
and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference
with traffic on surrounding public thoroughfares since the project is required to be
reviewed and approved the Ada County Highway District and is subject to the
conditions herein; and
f.
This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to
be installed with the development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle
Fire Department and the Ada County Highway District, or as conditioned herein, there
is adequate public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the
Page 16 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc
Commission's attention have been adequately addressed by the applicant, or will be
conditions of final plat approval as set forth within the conditions of approval above,
and since Central District Health Department approval regarding the use of septic
systems within the development is required.
4. The dissenting opinion of the Commission felt that while the amenities provided within the subject
development were acceptable, the density within the Oakhaven Subdivision as proposed is not
compatible with that of the Los Luceros Subdivision bordering the southern and eastern boundaries of
this site. The site should be designed with lots in the range of three to four acres in size bordering the
Los Luceros Subdivision to provide a transition from the larger lot design to the smaller lot design, and
to protect the existing character of the Los Luceros Subdivision. In addition, the development of the
site would negatively contribute to the overcrowding situation currently affecting the area schools.
DATED this 20th day of October 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
c
~~-æL-
Steve Deckers, Chainnan
ATTEST:
"""""'"
"" ~ EA ""-
," O~ 01" ~'"
,.." ~ ........<"~~-
.: " ." .."'
.: ~.. yORA'/'... ~
:C,;/o~ ~."
: :ú ,"¡
: : _.- -: :
. ~ . 1 ". .
:~\ ç'"{"'.~""'~'O:
" .~..J ~-' <:' .. .:
~ .. (' . -<,'.- ~ .:
~ .r. ..O'..rOR~.- '?":-
##. U» ........ ~<:) .."
#""'.-<1 ì'E of "".."
""'""""'
~,~. _'L~
\,../ Sharon. Moore, Eagle City Cle .
Page 17 of 17
K:\Planning Dept\Eagle Applications\SUBS\2003\Oakhaven Sub pzf.doc