Findings - CC - 2019 - PP/FP-01-19 - 2 Lot SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A COMBINED PRELIMINARY
PLAT/FINAL PLAT FOR STONEY ACRES
SUBDIVISION FOR RON STONE
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP/iP-01-19
The above -entitled combined preliminary plat/final plat application came before the Eagle City Council for
their action on July 9, 2019 at which time public testimony was taken and the public hearing was closed.
The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the
matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Ron E. Stone, represented by William Mason with Mason and Associates, is requesting combined
preliminary/sinal plat approval for Stoney Acres Subdivision, a 2 -lot residential subdivision (re-
subdivision of a portion of Lot 31, Academy Place Subdivision). The 3.82 -acre site is located on
the south side of West Washam Road approximately 1,635 -feet east of the intersection of West
Washam Road and North Ballantyne Lane at 1495 West Washam Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM, Wednesday, January 2, 2019, incompliance
with the application submittal requirement of Eagle City Code. The application for this item was
received by the City of Eagle on March 5, 2019. A revised preliminary and final plat was provided
on April 17, 2019.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on May 16, 2019. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on May 14, 2019. Requests for agencies' reviews
were transmitted March 14, 2019, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on May 13, 2019.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 21,
2019. 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 June 18, 2019. The site was posted in accordance with the Eagle City
Code on June 18, 2019.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: None
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Large Lot
No Change
Large Lot
Large Lot and
Transitional Overlay
Large Lot and
Transitional Overlay
Large Lot
ZONING
DESIGNATION
R -E (Residential Estates)
No Change
R -E (Residential Estates)
R -3 -DA -P (Residential with a
development agreement,
planned unit development)
R -E (Residential Estates)
R -E (Residential Estates)
LAND USE
Single-family dwelling
Parcel re -subdivision
Vacant lot/single-family
dwelling (Academy Place
Subdivision)
Residential Subdivision
(Corrente Bello Subdivision
No. 1)
Single-family dwelling
/Residential Subdivision
(Corrente Bello Subdivision
No. 2)
Single-family dwelling
(Academy Place Subdivision)
G. DESIGN REVIEW OVERLAY DIS'iRICT: Not located within the DDA, '1llA, CEDA, or DSDA.
H. SiiEDATA:
Total Acreage of Site — 3.82 -acres
Total Number of Lots — 2
Residential — 2
Commercial — 0
Industrial — 0
Common — 0
Total Number of Units — 2
Total Acreage of Any Out -Parcels — 0
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
(measured as total landscaping of the entire site)
Percent of Site as Common Area
(measured as total landscaping of the entire site)
PROPOSED
0.52 -units per acre
1.89 -acres
118.94 -feet
41.31 -feet
0 -acres
0%
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REQUIRED
1 -unit per two acres (0.50 -units
per acre maximum)
1.8 -acres (minimum)
100 -feet (minimum)
35 -feet
0 -acres
o%
GENERAL SiiE DESIGN FEATURES:
Open Space:
This subdivision is proposed to be located within the R -E (Residential -Estates) zoning district; a
minimum amount of open space is not required, and none is proposed.
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&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
Pressurized Irrigation:
The applicant has requested a waiver of installing a pressurized irrigation system since the
property has historically been flood irrigated and the availability of surface water will not support
a pressurized irrigation.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or development
of the site, any historical artifacts are discovered, state law requires immediate notification to the
state.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Private or Public Streets: Private driveway
No new streets, street widening, or dedication of right-of-way to the Ada County Highway District
is proposed with this application. The proposed subdivision will be accessed from West Washam
Road.
Applicant's Justification for Private Streets (if proposed):
None proposed, a private driveway exists and accesses the property from West Washam Road. A
separate Driveway Maintenance Agreement has been created for use with the property owners.
Blocks Less Than 500': None
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Cul-de-sac Design: N/A
Sidewalks: None proposed.
Curbs and Gutters: None proposed.
Lighting: None proposed.
Street Names: No new streets are proposed with this application.
K. ON AND OFF-S1'i'E PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: None proposed.
Bike Paths: None proposed.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON F(JTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON -Sri FEAlURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — along the west side and the southern portion of the east side of the private
driveway, also along the eastern and southern perimeter, and on the southwest corner of the site.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — No
Unique Plant Life — No
Unstable Soils — No
Wildlife Habitat — No
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated May 2, 2019 are of special concern
(attached to the staff report).
Eagle Fire District: Correspondence, date stamped by the City April 5, 2019, indicating that there
is not suitable water supply available for fire flow. The fire department strongly recommends that
the new home be constructed with fire sprinklers installed in it (attached to the staff report).
Andeavor (Tesoro Logistics NW Pipeline)
Ada County Highway District
Central District Health
Eagle Fire District
Eagle Parks and Recreation Department
Idaho Department of Environmental Quality
Idaho Transportation Department
Q. LEIIERS FROM THE PUBLIC: None received to date.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.5 Land Use Designation
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Estate Residential
A single family residential area transitioning between agriculture and conventional residential uses.
Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture
uses are encouraged. Density may be limited due to the limited availability of infrastructure and
roadway capacity.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions: ACCESSORY USE OR SIRUCTURE:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate
to, the principal use or structure. In residential zones accessory uses/structures include, but are
not limited to, accessory dwelling units, detached carports and garages, pool houses and
cabanas, amateur radio and satellite dish antennas, barns, corrals, stables, and similar uses and
structures. In nonresidential zones accessory uses/structures include, but are not limited to,
detached carports and garages, caretaker's quarters, guardhouses, storage sheds, outdoor
storage structures, microwave and satellite dish antennas, and similar uses and structures.
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R -E RESIDENTIAL-ESTA'I'ES DISiRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross
density shall not exceed one single-family dwelling unit per two (2) acres.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
Minimum Yard Setbacks Minimum
Note Conditions A To E* Lot Area
Maximum (Acres
Lot Or Minimum
Zoning Maximum Interior 'Street Covered Square Lot
District Height Front Rear Side Side F And J* Feet) H* Width 1*
R -E 35'
50' 30' 20' 35' 15% 1.8 100'
acres
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C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that the
subdivision application be processed as both a preliminary and final plat if all the following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
• Eagle City Code Section 9-3-2-1: Location and Design:
Streets and road location and design shall conform to the following standards:
J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be
allowed within any subdivision.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-4-1-9(C)(2): Pressurized Irrigation Facilities:
2. The requirement for installation of a pressurized irrigation system may be waived by the
city council when the applicant has established that any of the following situations exist
(the sale or transfer of an existing water right shall not be grounds for requesting a waiver
pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the appropriate
irrigation district or canal company and the department of water resources and shall be
submitted with the subdivision preliminary plat. In this case a waiver shall only be
granted for that portion of the subdivision that cannot be served.
b. Where an existing surface water right cannot be delivered to the property by an irrigation
district or canal company due to current delivery capacity or scheduling. In these
situations the city council may still require the installation of the pressure irrigation
system, provided water rights can be made available to the property and delivery
system modifications can be made so irrigation water can be supplied within two (2)
years.
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c. Where the applicant has provided for another means of delivery such as flood irrigation,
if approved by the city engineer. The applicant shall present the proposed alternative
delivery system to the city engineer at the time the waiver is requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section, an
undue economic hardship shall consist of a showing that the cost per lot to develop the
pressurized irrigation system would be twenty five percent (25%) higher than the cost
per lot for providing a pressurized irrigation system to subdivisions of similar size and
density constructed in the city within the previous two (2) years; or the cost per lot of
the pressurized irrigation system would exceed five percent (5%) of the expected per
lot market value of the subdivision.
D. DISCUSSION:
• Staff has reviewed the particular facts and circumstances of this proposed combined
preliminary and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5"
(minimum criteria to combine a preliminary and final plat), has made the following
conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
• Following approval of this application, the applicant/owner intends to construct a single-family
dwelling on Lot 2, Block 1. Currently, two accessory buildings are located upon the portion of
the property that will become Lot 2, Block 1. An accessory building (by definition) is only
permitted to be constructed on a property concurrent with or after the construction of the
principal structure. In this case, the accessory structures will exist before the principal structure.
The existing accessory buildings meet the required setbacks for the R -E zoning district.
Staff defers comment to the Commission and the Council regarding the retention of the two
existing accessory buildings on Lot 2, Block 1.
• The final plat, date stamped by the City on April 17, 2019, shows both lots will gain access
from West Washam Road using a 20 -foot wide common driveway. The 20 -foot wide common
driveway also contains an ingress/egress, utility, drainage, and irrigation easement. The
applicant has provided a recorded Drive -way and Maintenance Agreement Instrument No.
2019-038006, assigned by Ada County recorder's office for the common driveway providing
access to Lots 1 and 2, Block 1. Note #7 should be revised to include the Drive -Way and
Maintenance Agreement instrument number. The ingress/egress easement should be delineated
on the plat with reference of the Drive -Way Maintenance Agreement.
• Note #8 on the final plat, date stamped by the City on April 17, 2019, states, "Septic drain field
easement inst. No. ." The applicant should provide a revised final plat with
note #8 modified to include the instrument number as assigned by Ada County recorder's
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office.
• The applicant's engineer provided an irrigation report and formal pressure irrigation request
waiver, date stamped by the City on April 19, 2019. Farmers Union Ditch Company, Ltd. issued
a letter to the City stating that the property owned by Mr. Stone currently has a water right for
3.19 miners inches to serve his 3.7 acres and is delivered through a lateral ditch to the property
on a rotation basis, which has been occurring for many years. The surface water is provided on
a rotation basis for 8 -hours and 45 -minutes every 8 -days; therefore, the system will not support
a pressurized irrigation system.
The applicant is requesting a waiver of the pressurized irrigation system to allow the property
owners to continue to flood irrigate the property and subsidize the irrigation with a well to
water the lawn and garden areas associated with each home. Pursuant to Eagle City Code
Section 9-4-1-9(C)(2)(b), in the event an existing surface water right cannot be delivered to the
property by an irrigation district, or canal company due to current delivery capacity or
scheduling, the City Council may still require the installation of the pressure irrigation system,
provided water rights can be made available to the property and delivery system modifications
can be made so irrigation water can be supplied. In this case the issue is the timing of delivery.
Staff recommends affirming the conclusion that the applicant has provided sufficient
information to meet the conditions of a waiver request based on Eagle City Code Section 9-4-
1-9(C)(2). A pressurized irrigation waiver request may be granted since the irrigation purveyor
cannot deliver the surface water in a timely manner. In the event the Council approves a
pressurized irrigation waiver, the applicant should provide construction drawings showing
infrastructure to provide flood irrigation to the two (2) lots. The applicant should provide
documentation showing the transfer of the appropriate irrigation water shares and an irrigation
schedule for each residential lot prior to the City Clerk signing the final plat. (ECC 9-4-1-
9 =C] .2D•
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested combined
preliminary plat/final plat with the site specific conditions of approval and 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 June 3,
2019, 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 the applications was presented to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by
no one (not including the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by no one.
COMMISSION DELIBERATION: (Granicus time 3:00:22)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The applicant's intent is to construct a new single-family home within Block 2, Lot 1 of the site,
leaving the accessory buildings in their existing locations.
COMMISSION DECISION:
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The Commission voted 3 to 0 (Guerber and Johnson absent) to recommend approval of PP/H-01-19 for a
combined preliminary plat/final plat for Stoney Acres Subdivision for Ron Stone with the site specific
conditions of approval and standard conditions of approval as provided within their findings of fact and
conclusions of law document, dated June 17, 2019.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 9, 2019, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in opposition to the application was presented to the City Council by no one.
C. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/representative).
COUNCIL DECISION:
The Council voted 4 to 0 to approve PP/FP-01-19 for a combined preliminary plat/final plat for Stoney
Acres Subdivision for Ron Stone, with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
3. Provide a revised final plat indicating the Drive -Way and Maintenance Agreement Instrument No.
2019-038006. The ingress/egress easement shall be delineated on the plat with reference of the Drive -
Way Maintenance Agreement. The revised final plat shall be provided prior to the City Clerk signing
the final plat.
4. Provide a revised final plat with note #8 modified to include the instrument number as assigned by Ada
County recorder's office prior to the City Clerk signing the final plat.
5. A pressurized irrigation waiver request is hereby granted. The applicant shall provide construction
drawings showing infrastructure to provide flood irrigation to the two (2) lots. The applicant shall
provide documentation showing the transfer of the appropriate irrigation water shares to each lot and
an irrigation schedule for the subdivision prior to the City Clerk signing the final plat.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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 (I.C. Title 50, Chapter 13 and I.C. 39-118).
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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.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&Rs 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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
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13. 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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the street
lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's business owner's association, whichever the case may be.
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.
14. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
15. 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.
16. 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.
b. 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.
c. 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 (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.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. 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 and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
1 8. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
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19. 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.
20. 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.
21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. 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.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
P
lat.
27. Basements in homes in the flood plain are prohibited.
28. 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.
29. 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.
30. 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.
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31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. The applicant shall install at the entrance to the 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, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
plat/final plat (PP/FP-01-19) and based upon the information provided concludes that the proposed
combined preliminary plat/final plat is in accordance with the City of Eagle Title 9 (Subdivisions)
because:
a. The subdivision will be harmonious with and in accordance with the general objectives or with any
specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the
findings provided within this document and the proposed use is in accordance with the Estate
Residential land use designation of this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets, police and
fire protection, schools, drainage structures, refuse disposal; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any such
services, as noted in the documentation provided from said agencies and as required as a part of the
conditions of approval;
c. There are no known capital improvement programs for which this development would prevent
continuity;
d. That based upon agency verification and additional written comments of the Ada County Highway
District as conditioned herein, there is adequate public financial capability to support the proposed
development;
e. That any health, safety and environmental problems that were brought to the Council's attention
have been adequately addressed by the applicant or will be conditions of approval as set forth within
the conditions of approval herein.
2. The Council reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat (PP/FY-01-19) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
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3. No major special development considerations are involved such as development in a floodplain,
hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable form;
and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of the
Zoning Title of the City.
DATED this 23' day of July, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan —' idgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerk
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