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Findings - PZ - 2005 - PP-7-04 - Symphony Subd/24-Lot/18-Comm/4-Common/Commercial/Residential Subd/16.05 Acre n R , G I ~J.A L BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR SYMPHONY SUBDIVISION FOR PARK HAMPTON LLC ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-7-04 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on March 7, 2005. 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: Park Hampton LLC is requesting preliminary plat approval for Symphony Subdivision, a 24-lot (2-residential, I8-commercial, 4-common) commerciaUresidential subdivision. The 16.05-acre development is generally located at the northeast comer of State Highway 44 and Park Lane. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on December 9,2004. 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 January 3, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 28, 2004. Requests for agencies' reviews were transmitted on December 10, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7, 2004, the Eagle City Council approved a rezone (RZ-8-03) with a development agreement (including a concept plan) for this site. E. COMPANION APPLICATIONS: None Page lof21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Mixed Use MU-DA (Mixed Use with Single-family dwellings development agreement) Proposed No Change No Change Uses include a music school, a nursing home, and office/retail North of site Transitional A-R (Agricultural-Residential) Single-family dwellings Residential & Mixed Use South of site Public/Semi-public & MU-DA (Mixed Use with State Highway 44, Mixed Use development agreement) & Camille Beckman Public/semipublic facility, and vacant State owned land East of site Residential One (up to R -I (Residential) Colony Subdivision one dwelling unit per acre) West of site Mixed Use A-R (Agricultural-Residential) Single-family dwellings G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site - I6.05-acres Total Number of Lots - 24 Residential - 2 Commercial - 18 Industrial - 0 Common - 4 Total Number of Units - 2 Single-family - 2 (I-existing) Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page20f21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .I2-units per acre 20-units per acre maximum Minimum Lot Size 0.22-acres (9,583-square feet) 7,000 sq. ft. Minimum Lot Width 90-feet (approx.) 50-feet Minimum Street Frontage O-feet O-feet for mixed use zoning districts Total Acreage of Common Area I.09-acres * Percent of Site as Common Area 6.8% * *See comments under "Open Space" below. I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-3-3(D) requires nonresidential buildings or uses not to be located nor conducted closer than forty feet (40') to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Open Space: Two common area lots ranging in width from 30 to 40 feet are to be located along the south boundary of this site (parallel to State Highway 44) for the purposes of installing landscape buffers. In addition to this 1.09-acre portion of the site, each parcel to be development will be subject to a minimum 10% of the site dedicated to landscaping. 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 I2-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no) - not allowed Preservation of Existing Natural Features: The site has a variety of existing trees, mainly located around existing dwelling units. 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. Retention of existing trees will be addressed upon Design Page 3 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc Review. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: No new streets are proposed with this application. Access throughout the site is accommodated via cross access easements among the parcels. As referenced in Section 2.2 of the development agreement approved for this site (RZ-8-03), a 25 to 30-foot wide drive aisle will function as the circulation corridor to provide access to the parking facilities/buildings. The drive aisle will have access to Flint Drive via a 25-foot wide curb return driveway, located approximately 50-feet east of the western property line. The applicant is to construct a 36-foot wide access located approximately 680-west of the eastern property line. To date, the Idaho Transportation Department has indicated that a right-in/right-out driveway access will be the only access approved to the development via State Highway 44. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: N/a Sidewalks: 5-foot wide concrete sidewalks attached to the back of curb are to be constructed adjacent to the internal drive aisles within the development. A 5-foot wide concrete sidewalk is to be constructed along Flint Drive abutting the northern boundary of this site; sidewalk is required along State Highway 44 abutting the site's southern boundary. Curbs and Gutters: Vertical curb and gutter is to be constructed abutting both sides of the internal drive aisles within the development. Vertical curb and gutter is to be constructed along Flint Drive abutting the northern boundary of this site; no curb or gutter is proposed along State Highway 44 abutting the southern boundary. Lighting: Lighting for the development is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: The applicant has not proposed any new streets with this application. All new public streets are required to have Street name approval by the Ada County Street Name Committee prior to final plat approval. Page 4 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: See "Sidewalks" 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. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - None Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees - Yes Riparian Vegetation - No Steep Slopes - No Stream/Creek - No Unique Animal Life - No Unique Plant Life - No Unstable Soils - No Wildlife Habitat - No Historical Sites - No O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Central District Health Department Eagle Fire Department Eagle Sewer District Idaho Power Joint School District No.2 Q. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH REGARDING THIS PROPOSAL: Chapter I - Overview 1.3 The City of Eagle Vision Statement ARE OF SPECIAL CONCERN In 1999, City of Eagle citizens envision their future town as a well-planned community that encourages diversified living and housing opportunities, economic vitality that offers jobs for residents, and places for people to recreate and enjoy Eagle's natural beauty. b. known as a highly livable town that successfully balances many of the rural elements of its heritage with growth; c. economically strong with a distinct downtown economic center; f. an economically strong city that fosters local businesses and clean industry. Chapter 3 - Population 3.3 Goal To promote a high quality of life and livability in the community. Chapter 5 - Economic Development 5.1 Background The economic development component of the Comprehensive Plan discusses the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural residential identity. g. Encourage commercial growth adjacent to the Central Business District and discourage isolated commercial development in outlying areas. Chapter 6 - Land Use 6.1 Background and Existing Conditions Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the Impact Area are given land use Page 6 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. 6.2 Land Use Designations Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within the Central Business District (CBD). 6.7 Implementation Strategies b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. d. Discourage strip commercial type development. Chapter 8 - Transportation 8.2.1 Principal Arterial Mobility Function: The primary function of a principal arterial is to provide major circulation and movement through urban areas and to connect with major activity centers and freeways. A principal arterial may serve motorized and non- motorized transportation needs and may include up to seven vehicular traffic lanes. Access Function: Access from other roadways is controlled and subordinate to traffic on the principal arterial street. Direct lot access is typically prohibited or severely restricted. Chapter 12 - Community Design 12.3 Entry Corridors Entryway corridors are arterial roadways that introduce both visitors and residents to Eagle. City entryways include State Highways 44 (State Street and Alternate Route) and 55 (Eagle Road). These entrances with their landscaping (or lack thereof), commercial signage and building character provide the first, and oftentimes the most lasting impressions of the entire community. The City of Eagle has the responsibility to guide Page 7 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc development and redevelopment that occurs along these entryway corridors. 12.4 Implementation Strategies d. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. e. Developments that would establish or tend to establish another City center outside of the Central Business District should not be approved. g. New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City Ordinances. 1. Buffer and transition zones should be developed between conflicting types of land use. m. Encourage the development of a strong community identity through urban design standards, downtown revitalization, cultural activities, and visual gateways to the City. SOARING 2025 WESTERN AREA PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.4C Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. 6.4c.I Uses The land use and development policies specific to the Park Lane Planning Area includes the following: Flint Drive shall be preserved primarily as a residential street while properties abutting State Street should include a mix of residential uses, limited retail and office uses that promote trip capturing. The roadway network along State Street east of Park Lane should be designed to provide internal circulation with no individual lot access to State Street. A cross access agreement with limited access points at Park Lane and at State Street, in alignment with the future Eagle Island State Park entrance, is necessary to provide access to the retail uses. Page 8 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 6.4c.2 Design Flint Estates Area: The Flint Estates area adjacent to State Highway 44 should be designed to provide limited retail uses that encourage pedestrian circulation from the residential and high school areas, and to compliment the existing mixed use areas at State Highway 44 and Park Lane (Camille Beckman). Street trees, benches and sidewalks are encouraged within the Flint Estates Area as well as within the greater Park Lane Planning Area. Common parking areas should be encouraged at the sides of buildings and joint parking agreements so walking distances between buildings is minimized and provide a pedestrian scale to the area. Activity and building orientation should focus on internal circulation roads rather than the regional transportation network. Flint Drive is to remain primarily a residential roadway. 6.4c.3 Access Access to and through should be limited to existing roads (Old Valley Road, Park Lane and Linder Road); no direct access from State Highway 44 shall be permitted unless a new access point is designated by the State of Idaho for Eagle Island State Park. The area to the north of State Highway 44 should require the construction of a frontage road (similar to Old Valley Road) that removes individual property access to State Highway 44, this high density area shall provide internal circulation and connectivity to the residential areas to the north. Cross-access agreements and shared service roads should be encouraged throughout the area. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. Page 9 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc . ECC 8-4-4-2 (D) Screening And/Or Landscaping: Whenever a parking area is located in or adjacent to a residential district, it shall be effectively screened on all sides which adjoin or face any property used for residential purposes by an acceptably designed wall, fence, or planting screen. Such wall, fence, or planting screen shall not be less than four feet (4') nor more than six feet (6') in height and shall be maintained in good condition. The space between such fence, wall or planting screen and the lot line of the adjoining premises in any residential district shall be landscaped with grass, hardy shrubs or evergreen ground cover, and maintained in good condition. In the event that terrain or other natural features are such that the erection of such wall, fence, or planting screen will not serve the intended purpose, then no such wall, fence, or planting screen and landscaping shall be required. c. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ARTICLE II - CONDITIONS ON DEVELOPMENT 2.2 The development shall include a cross access agreement between all lots included within this rezone application and an on-site frontage road generally as shown on the concept plan (Exhibit "B") constructed to serve the parcels adjacent to State Highway 44. 2.3 The development shall include a minimum forty-foot (40') wide buffer unless a twenty foot (20') wide landscape buffer is approved (pursuant to Eagle City Code 8-3-3 D) for any commercial uses located adjacent to any property with a residential zoning designation. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time development applications are made (i.e. design review, conditional use permit if required, and preliminary plat) and the conditions within this agreement shall be satisfied. 2.5 The applicant shall construct the State Highway 44 access as proposed pursuant to current roadway engineering standards. The access is to be in alignment with the proposed Eagle Island State Park access on the south side of State Highway 44. 2.6 Access points to Park Lane and West Flint Drive shall be as approved by the Ada County Highway District. 2.7 In accordance with ECC Section 8-2-1, this development agreement is considered in-lieu of the PUD (except as conditioned in 2.12 below). Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the uses which are shown as permitted (P) or conditional (C) uses under the Mixed Use zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" shall be considered Permitted uses on Lots 5 and 8, Block 2, except that the following uses shall be prohibited: Mobile home (single unit primary residence) Mobile home (single unit temporary living quarters) Page 100f21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc Mobile home park Animal shows or sales Automotive washing facility Bar Cabinet shop Cemetery Circuses and carnivals Christmas tree sales Commercial entertainment facilities (indoors) - Note: see item 2.8 below Commercial entertainment facilities (outdoors) - Note: see item 2.8 below Drive-in theater Electronic sales, service, or repair shop Equipment rental and sales yard Farmer's markets (outdoor) Hardware store Horticulture (general) Hospital Hotel Industry Kennel Laboratories Laundromat Laundry (with drive up service) Live entertainment events - Note: see item 2.8 below Massage Spa Mobile office Mortuary Motel Parking lot, parking garage commercial Personal wireless facilities (height-over 35 feet) Research Activities Retail sales (general) Riding academies/stables Roadside stand (temporary structure) Sign shop, including painting Small engine repair (mower, chain saws, etc) Storage (enclosed building) Storage (fenced area) Street fair Trade fair Travel services Upholstery shop Woodworking shop 2.8 The following uses may be allowed as Permitted uses on Lots 5 and 8, Block 2, provided however, that each use will only be allowed for events solely related to the music/cultural arts school located on Lot 6, Block 2: Commercial entertainment facilities (indoors) Commercial entertainment facilities (outdoors) Page 11 of 21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc E. Live entertainment events 2.9 The owner shall submit a Master Design Review site layout and landscape application for the site, and shall comply with all conditions required by Eagle as a part of the Design Review prior to issuance of a building permit. 2.10 Excluding the residential subdivision located on Lots I and 2, Block I, all buildings require the approval of the Design Review Board. The design of the buildings shall incorporate residential elements to ensure compatibility with surrounding uses. All buildings shall be designed in accordance with the Eagle Architecture and Site Design book (EASD) as set forth in Eagle City Code Section 8-2A. 2.11 The subject parcel shall be annexed into the Eagle Sewer District's service boundary prior to the issuance of any building permits for the site. 2.12 The Concept Plan (Rivendell Music Academy - Exhibit "B" and including Lot 6, Block 2, dated August 25,2004 - attached hereto and incorporated herein) represents the Owner's current concept for completion of a music/cultural arts school with cottages and related ancillary uses. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed change in the Concept Plan, notice shall be provided as may be required by the City. DISCUSSION: . The applicant has submitted a preliminary plat which substantially complies with the concept plan approved with the rezone and development agreement approved for this site (RZ-8-03). As noted in the Soaring 2025 Western Area Plan, the Flint Estates area is to be designed to encourage pedestrian circulation both throughout the subject site as well as to adjoining developments (Eagle High School, Camille Beckman, residential subdivisions). To encourage pedestrian friendly elements, staff will recommend certain conditions of approval for the development of the site (see Site Specific Conditions of Approval below). . The applicant has been negotiating with the Idaho Transportation Department to align a driveway access on State Highway 44 with a proposed driveway on the south side of the roadway to access the Eagle Island State Park. To date, ITD has considered a right-in/right- out access only since a full access would not meet the ITD's access control policy regarding approach spacing. The issue of whether the SH 44 access is signalized (or limited) has bearing on the development of the Symphony Subdivision: should a public roadway be constructed to serve the site or will cross access easements and drive aisles suffice? If a signal were installed at the site, a public road through the site would be necessary since patrons of properties surrounding the site would take advantage of the signal to access SH 44. If the roadway were not dedicated to the public, the signal would promote "cut through" traffic in what is functionally a commercial shopping center. One of the principles behind the development of the Flint Estates area (as noted in the Soaring 2025 Western Area Plan) is to promote uses that tend to capture pass-by trips; a right-in/right- out access accommodates this purpose. However, it is recognized that with the potential approval of an access into Eagle Island State Park in alignment with the subject right-in/right- Page 12 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc out access, a traffic signal may be warranted at this location in the future. In order to accommodate the increased traffic in the area due to this potential signal, the applicant should construct a drive aisle (from State Highway 44 to Flint Drive) in accordance with the design standards of the Ada County Highway District for a local commercial roadway. The drive aisle would then have a greater likelihood (though not guaranteed) of being accepted as a public roadway by ACHD. . A barn (accessory structure) currently located on Lot 6, Block 2, of Flint Estates is proposed by the applicant to be maintained on the proposed Lot 2, Block I, of Symphony Subdivision (within the residential portion of the development). By definition, an accessory structure is secondary in nature to the primary structure and since no primary structure (such as a dwelling) is proposed to be located on the site at this time, the barn would become a non- conforming use. Because it is not the City's intent to allow (or promote the continuation of) a non-conforming use, the applicant should be required to remove the barn from the site prior to the City Clerk signing the final plat. . A single-family dwelling and shop currently located on Lot 8, Block 2, of Flint Estates is proposed by the applicant to be converted to a commercial use within Symphony Subdivision (proposed Lot IS, Block I). With the change in use of the structures from residential to commercial, the buildings are subject to the review and approval of a design review application by the Design Review Board. Staff recommends that until the dwelling and shop have received design review approval and all conditions of said approval have been satisfied, the structures should not be occupied. 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 March 7, 2005, 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 (other than the applicant/representative). COMMISSION DECISION: The Commission voted 4 to 0 (Aspitarte absent) to recommend approval ofPP-7-04 for a preliminary plat for Symphony Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the conditions noted in the January 5, 2005, letter from the City Engineer. 2. Comply with all requirements of the development agreement for this site dated, January 7, 2005, Page 13 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc between the City of Eagle and Park Hampton LLc. 3. Place a note on the final plat which identifies all the common lots by Lot and Block designation, and which states that said common lots, as well as any common areas, are to be owned and maintained by the Symphony Subdivision Owner's Association. 4. The barn (accessory structure) proposed by the applicant to be maintained on the proposed Lot 2, Block I, of Symphony Subdivision shall be removed from the site prior to the City Clerk signing the final plat. 5. Until the dwelling and shop on proposed Lot IS, Block I, have received design review approval (for conversion from a residential use to a commercial use) and all conditions of said approval have been satisfied, the structures shall not be occupied. 6. All existing buildings that will interfere with the proposed lot lines shall be removed from the site prior to the City Clerk signing the final plat. A demolition permit shall be obtained from the City prior to the removal of said buildings. 7. Comply with all conditions of the Idaho Transportation Department with regard to access to State Highway 44, including, but not limited to, the installation of a decal lane, median curb, "pork chop" island (for right-inlright-out driveway) and relinquishment of other driveway accesses. 8. The applicant shall construct the main drive aisle within the site (from SH 44 to Flint Drive) to meet the minimum ACHD standards for a local commercial roadway. The applicant should inspect and document the construction of the drive aisle (pursuant to ACHD guidelines) to facilitate the dedication of the drive aisle as a public street in the event that a traffic signal is installed at the access to State Highway 44. 9. The applicant shall install traffic calming features such as landscape islands or roundabouts at intersections of the drive aisles, and meander those portions of the drive aisle that are long and straight. The meanders and landscape islands or roundabouts shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. 10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of the main drive aisle within the development. The trees shall be located in a 5-foot wide landscape strip between a 5-foot wide concrete sidewalk and the back of curb. 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 5-foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the buildings. 11. Five-foot (5') wide concrete sidewalks shall be constructed on both sides of all drive aisles within the development. Patterned crosswalks shall be installed to provide a continuous means of pedestrian circulation throughout the site. 12. Construct a minimum five-foot (5") wide meandering concrete sidewalk along State Highway 44 abutting the southern boundary of the site. 13. Building placement shall be designed such that parking areas are at the sides of buildings, but not concentrated between the buildings and State Highway 44. Any buildings facing State Highway 44 shall be located at varied angles with the roadway to provide variety and to alleviate any walled Page 14 of21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc corridor effect. The criteria to meet this requirement shall be reviewed and approved by the Design Review Board, prior to the issuance of any building permits. 14. The entire Symphony Subdivision shall remain under the control of one association of lot owners. CC&Rs for the Symphony Subdivision Owners' Association shall provide that the association has the duty to maintain and operate all of the common landscape areas (including landscaping within rights- of-way for State Highway 44 and landscape strips between the sidewalk and curb abutting the internal drive aisles) in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees. The applicant shall place a note on the final plat that all common lots are to be owned and maintained by the Symphony Subdivision Owner's Association. The applicant shall provide a copy of the CC&Rs for review and approval prior to the City approving the final plat. 15. All buildings on lots contiguous to the State Highway 44 right-of-way shall be designed and constructed with architectural features and materials that enhance the entry corridor into the City. All buildings shall comply with the architecture styles found in the Eagle Architecture and Site Design (EASD) book. Architectural styles not shown within the EASD book will not be considered. 16. Service driveways to the building sites facing the road rights-of-way shall be designed to maximize the landscaping abutting the buildings without compromising function and utility. All lots and buildings shall be configured so as to screen any and all loading areas and trash enclosures from view as seen from residential uses or roadways. Screening materials and location of the loading docks and trash containers shall be reviewed and approved by the Design Review Board prior to issuance of any building permits. 17. Design Review Board approval for the landscaping of the entire site (including useable common area amenities, subdivision signage, street trees, existing trees, pathways, buffer areas, perimeter fencing, etc.) is required prior to the approval of a final plat. Design Review Board approval for the landscaping for each pad site is required prior to the issuance of any building permit. Individual lots within this subdivision will be required to have a minimum of 10% landscaping each. 18. Parking shall not be located in such a way that vehicles must back onto the main drive aisles. All parking requirements and locations are subject to the review and approval of the Design Review Board. The approval of this preliminary plat does not constitute an approval of the proposed parking configuration. 19. All healthy trees (as determined by the City Forester) shall be preserved and integrated into the design of the development, or shall be replaced, or shall contribute to the City's tree fund as outlined within Eagle City Code Sections 8-2A-7-CI and 8-2A-7-"0"-3 respectively. A landscape plan showing how the trees will be integrated into the open space areas and the non-buildable area on any lot shall be provided for Design Review Board approval prior to the submittal of a final plat. 20. Provide a statement in the CC&Rs that prohibits parking within the drive aisles. "No Parking" signs shall be posted and plans showing the location of the signs shall be reviewed by the City, prior to the issuance of any building permits. The applicant shall install "No Parking" and "Fire Lane" signs in accordance with any requirements of the Eagle Fire Department. The signs shall be posted prior to the issuance of any building permits. 21. All utility poles providing service to the existing structures on the site shall be removed, prior to the issuance of any building permits for the site. All utility service lines serving existing structures and the building lots shall be placed underground. Page 15 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 22. Provide a copy of the Symphony Subdivision's CC&Rs providing a plan and schedule for the future repair and maintenance of the cross access drive aisles. The CC&Rs shall be reviewed and approved by the City Engineer prior to the City Engineer signing the final plat. 23. Place a note on the final plat which states "All Lots shall provide reciprocal cross-access for vehicular and pedestrian ingress and egress to the public right-of-ways and to the utility easements as delineated or noted on this plat". 24. 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. 25. Place a note on the final plat stating that no direct access (other than those approved with this application) to State Highway 44 shall be permitted. 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 submit payment to the City for all Engineering fees incurred for reviewing this project, 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 Environmental Quality 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). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be Page 16 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 9. 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-I-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. 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. II. 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 (I) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 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. Page 17 of21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 14. 15. 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. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". Page 18 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 21. 22. 23. 24. 25. 26. 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. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the 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, 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. 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 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. 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. Page 19 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc 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 December 9, 2004. 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 January 3, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 28,2004. Requests for agencies' reviews were transmitted on December 10, 2004, 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- 7 -04) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of MU-DA (Mixed Use with development agreement). b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Mixed Use and provides the required improvements for a subdivision; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area since the approved development agreement for this site provides guidance in the development of the property, and because this site will be designed in accordance with the standards of Eagle City Code and the Eagle Architecture and Site Design book (EASD); and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from United Water Company. 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 Idaho transportation Department and the Ada County Highway District and is subject to the conditions herein; f. While there is no capital improvement program, the developer is required to install public improvements 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 Page 20 of 21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval above. DATED this 21st day of March 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE ;;¡¡~~ Phi lip J. Bandy, Chairman¡ / ~"~...~ ~ 0' &..to ~~,~ Æ.t' fOR .~ f i 0'90 .tl'. ". M l' .. f......... .....~_.- * , . <""IE ; ~,;:) . :i- or ~ ATTEST: ~-1'. -~~~~J '-'" Sharo . Bergmann, Eagle City C erk Page 21 of21 K\Planning Dept\Eagle Applications\SUBS\2004\Symphony Sub pzf.doc