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Findings - PZ - 2005 - PP4-05 - Eagle Creek Subd/71-Lot/58 Build/13-Common/26.66 Acre/655 Park Ln ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A PRELIMINARY PLAT FOR EAGLE CREEK) SUBDIVISION FOR GOLD CREEK DEVELOPERS) LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-4-05 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on May 2,2005. 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: Gold Creek Developers LLC, represented by The Land Group Inc., is requesting preliminary plat approval for Eagle Creek Subdivision, a 71-lot (58-buildable, 13- common) residential subdivision. The 26.66-acre site is located approximately l, 700-feet south of Floating Feather Road and west of Park Lane at 655 Park Lane. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on February 24,2005. 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 Aprilll, 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 April 8, 2005. Requests for agencies' reviews were transmitted on April 8, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 30, 2003, Ada County approved Senora Creek Subdivision, which included a portion ofthis site (zoned R4). E. COMPANION APPLICATIONS: A-2-05 & RZ-4-05 Rezone from RUT, R4 (Residential- Ada County designation) and R- E to A-R (Agricultural-Residential) & R-3 (Residential - up to three dwelling units per acre) Page 1 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential Three - Park RUT & R4 (Residential- Agriculture Lane Planning Area Ada County designation) & R-E (Residential) Proposed No Change R-3 (Residential) & A-R Residential Subdivision Agricul tural- Residential North of site Residential Three - Park R-E (Residential) & R-2-DA Single-family dwellings Lane Planning Area (Residential with a Development Agreement) South of site Residential Three - Park R-E (Residential) Residential & Pasture Lane Planning Area East of site Public/Semi-Public Public/Semi-Public Eagle High School West of site Residential Three - Park R4(Residential- Ada County Single-family dwellings Lane Planning Area designation) Senora Creek Subdivision No. I G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site - +/-26.66-acres Total Number of Lots - 71 Residential - 58 Commercial - 0 Industrial - 0 Common - 13 Total Number of Units - 58 Single-family - 58 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - none Page 2 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2 .18-units per acre 3-units per acre maximum Minimum Lot Size 10,000 square feet 10,000-square feet Minimum Lot Width 70-feet 75-feet Minimum Street Frontage 36.83-feet 35-feet Total Acreage of Common Area 3.03-acres 2.7 I-acres (minimum) Percent of Site as Common Area I 1.37% 10% (minimum) Note: the Common Area (3.03-acres) calculation does not include Lot 35, Block I, which is a common lot for the purpose of providing temporary vehicle access to Park Lane. I. GENERAL SITE DESIGN FEATURES: Open Space, Green Belt Areas and Landscape Screening: Will provide 3.03 acres of common open space area. Lot 8, Block 2 consists of a pool/clubhouse area, basketball court, tot lot, and a parking area for pool/clubhouse area. A 20' foot portion of this lot connects to the proposed N. Opuntia Way for pedestrian access from the lots north of this common area. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements (when deemed necessary) 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) - not allowed Pressurized Irrigation: The applicant states that a pressurized irrigation system using non-potable irrigation water will be utilized for the landscape watering needs for this development. 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. Page 3 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc J. STREET DESIGN: Public Streets: Roadway access from Seguaro and temporary access to Park Lane will be provided by the developer with interior ACHD roads. The applicant is proposing to construct a roadway within the development with a thirty-three foot (33') wide roadway section (as measured from back of curb to back of curb). Rolled 3" curb and five foot (5') wide grass swales/landscape strips are proposed on both sides of the roadway. There will be two stub streets connecting to the parcel to the south. There is a roundabout proposed internally at the intersection of W. Saguaro & Bursera Way with a twenty foot (20') roadway width around the roundabout. There are two (2') knuckles proposed at the corners of Prickly Pear Dr. Lot 35, Block 1 is a common lot created for the purpose of providing a temporary ingress/egress access to Park Lane (as required by ACHD). Once access to Park Lane is achieved through the site to the south (via the stub streets to the south) the temporary access should be reconfigured to block vehicular access (eg through the use of bollards) and still permit pedestrian access. Blocks Less Than 500': None Cul-de-sac Design: One proposed 349' feet in length with a 50' foot radius. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the roadway. Curbs and Gutters: Rolled 3" curb and gutters are proposed within the interior of the development. The applicant has dedicated additional 5' (five) feet of right-of-way and paid into a right-of- way trust deposit for the construction of a sidewalk along Park Lane on Lot 24, Block 1. ACHD is not requiring a sidewalk on Park Lane adjacent to Lot 11, Block 1 until the parcel is further developed. Lighting: Historic light fixtures will be provided along streets. Pedestrian bollard lighting will occur at key path locations. Lighting for the proposed subdivision is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City accepting the final plat application. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. Page 4 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian circulation will utilize the proposed pathway system and detached sidewalks throughout the development. The pathway system will interconnect with future residential developments. Bike Paths: Bikes will have access to the proposed pathway system and detached sidewalks throughout the development. 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. Due to this development being adjacent to Eagle High School, Lot 35, Block I should be required to include a pathway to Park Lane to encourage alternative transportation and meet the requirement of Eagle City Code. L. PUBLIC USES PROPOSED: See "Open Space, Greenbelt Areas and Landscape Screening" noted above. 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, see aerial Riparian Vegetation - yes, along laterals Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - yes, pheasant, dove and quail O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District (ACHD) Eagle Fire Department Eagle Sewer District Idaho Transportation Department (lID) Joint School District No.2 State of Idaho Department of Environmental Quality (DEQ) United Water ofIdaho Inc. Page 5 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc Q. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter I - Overview 1.1 City of Eagle Statement of Purpose b. To ensure that adequate public facilities and services are provided to the people at reasonable cost. 1.3 The City of Eagle Vision Statement b. interconnected with user-friendly pathways and roadways; Chapter 4 - Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded plays an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will effect the community. Service providers currently include: . The Eagle Sewer District provides sewer service within a designated sewer service area. . The Meridian and Boise School Districts provide K-12 education. . United Water, Eagle Water Company, and the City provide water to Eagle residents. Some private water systems and wells are also used. . Private canal companies and drainage districts provide irrigation water and drainage water management. 4.27 Other Services and Utilities Pressure Irrigation The City of Eagle currently requires the installation of pressurized irrigation systems for the irrigation of landscaping when new development is within an irrigation district and water rights are available. Page 6 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 4.5 Implementation Strategies d. Encourage land use development to reduce street hazards by developing access to elementary and secondary schools on local streets and/or pathways. j. The City and the Eagle Sewer District should continue to work together to coordinate urban development based upon the Land Use component of the Comprehensive Plan and the Eagle Sewer District's master plan. Chapter 8 - Transportation 8.3.1 Paths Function: To provide for recreation and alternative transportation; important to provide safe continuous thoroughfares with minimal cross flow of vehicular traffic. Location: Paths could be located on corridors separate from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.6 - Implementation Strategies c. Encourage roadway design standards that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Ada Planning Association (APA), and other agencies that may be responsible for roadway planning and design. m. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance. Chapter 9 - Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-2-4 SCHEDULE OF BUILDING HEIGHT AND LOT AREA REGULATIONS Sets the minimum lot width in a R-3 zone at seventy-five (75') feet. ECC Section 8-4-2 (A) OFF STREET PARKING AND LOADING APPLICATION OF PROVISIONS A. No building or structure shall be erected, substantially altered, or its use changed unless permanently maintained off street parking and loading spaces have been provided in accordance with the provisions of this title. . Page 7 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc c. . ECC Section 8-2A-7 (J)(4)(a) a. Any road designated as an urban or rural collector on the Ada County long range highway and street map: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-3 PEDESTRIAN WALKWAYS: Right of way for pedestrian walkways in the middle of long blocks may be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The pedestrian easement shall be at least ten feet (10') wide. . ECC Section 9-3-5 (A) LOTS: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code. . ECC Section 9-3-6 (A) EASEMENTS: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). . ECC Section 9-4-1-6 (A) & (B) PEDESTRIANIBICYCLE P A THW A Y AND SIDEWALK REGULATIONS: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. B. Location: I. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: a. Schools; b. Public parks; Page 8 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc . ECC Section 9-4-1-6 (D)(l) PATHWAY DESIGN: D. While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: I. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. D. DISCUSSION: . Park Lane is shown as a Urban Collector on the Ada County Long Range Highway and Street Map - 2025 Functional Street Classification System. The applicant should be required to provide a revised preliminary plat showing a minimum 35-foot wide buffer area (in accordance with ECC Section 8-2A-7 (J)(4)(a» along portion of the subdivision fronting Park Lane (Lots 11 and 24, Block I). The buffer area shall be reviewed and approved by the Design Review Board prior to the submittal of the final plat. . The 2000 Comprehensive Plan, Chapter 4 discusses school and public service issues. The Eagle Sewer District has indicated that all of this property has not been annexed into the District. The portion of this site that is not currently annexed into the Eagle Sewer District's boundaries will be required to be annexed into their boundaries prior to the City accepting a final plat application for the site. The applicant has not provided any documentation that demonstrates that water rights (or shares) are adequate to irrigate all ofthe lots per Eagle City Code Section 9-4-1-9- (C) Pressurized Irrigation Facilities. The applicant is required to provide the necessary information to show that adequate rights or shares exist to prior to the City Council approval of the preliminary plat. Chapter 8 discusses pathways for recreation and alternative transportation. The need for a permanent pathway to the east in Lot 35, Block I, should be established for access to Eagle High School. This is also required in ECC 9-3-3 and 9-4-1-6. A plan showing how the pathway is to be designed and landscaped once the temporary access is removed should be submitted as part of the Design Review application. . Lot 22, Block 1 appears to be only seventy (70') feet in width; therefore it would be a substandard lot in the R-3 Zone. The minimum lot width in this particular zone is seventy-five (75') feet. The applicant should be required to provide a revised preliminary plat showing Lot 22, Block 1 having a minimum lot width of 75-feet. . The plat indicates ten (10') foot wide easements along public Right-of-Way and along the rear property and interior side property lines. ECC 9-3-6 requires a minimum twelve (12') foot easement. The applicant should be required to provide a revised preliminary plat showing all easements a minimum of 12-feet wide. Page 9 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc STAFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT: Staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 2, 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 favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of this proposal was presented by one individual (property owner bordering proposed Blockl, Lots 24-33) who has concerns regarding traffic on the temporary access to the south of his property. The concerned individual also stated he flood irrigates his property and his run-off water may flood the bordering lots and wanted to know if the new lot owners would have to accommodate the run-off water from his property. COMMISSION DECISION: The Commission voted 4 to 0 (Lien abstained) to recommend approval ofPP-4-05 for a preliminary plat for Eagle Creek Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval with underlined text to be added by the Commission and strikethrough text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the City accepting a final plat for this site. 3. Construct a minimum five foot (5') wide meandering concrete sidewalk along Park Lane abutting this site. 4. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of a building permit or as specifically approved and/or required." 5. The applicant shall submit a design review application and landscape plan showing fencing (if proposed), trees, landscaping, and berming, and planting details within the required buffer area along Park Lane abutting this site for review and approval by the Design Review Board prior to the submittal of the final plat. Page 10 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 6. The applicant shall submit plans showing hmy the pathway within Lot 35, Block 1 is to be designed and landseaped once the temporary aceess is remo'/ed. This plan shall be reviewed and approved by the Design Review Board prior to the submittal of the final plat. Lot 35, Block I will be an open space/ access lot until the time in which it is subdivided and a new pedestrian/ vehicle point is platted to the south. 7. Should a sidewalk be required by ACHD the applicant shall be required to provide a revised preliminary plat showing a minimum 35-foot wide buffer area (in accordance with ECC Section 8-2A- 7 (J)(4)(a» along portion of the subdivision fronting Park Lane (Lots 11 and 24, Bloek 1). The buffer area shall be reviewed and approved by the Design Review Board prior to the submittal of the final plat. 8. The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, and common area landscaping within this site for review and approval by the Design Review Board prior to City approval of a final plat. 9. Extend the landscaping within the required buffer area along Park Lane to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 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 all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, 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. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 11. Provide detailed building elevations of the pool/clubhouse and any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to the submittal of the final plat. 12. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the open space design for the development shall be shown on a landscape plan and submitted for Design Review Board approval prior to the submittal of a final plat. 13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of the final plat. 14. The applicant shall have an on-site meeting with the City Forester to survey all trees that are planned to be saved prior to submittal of the design review application. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. No activity whatsoever shall take place within the drip line of the trees. Page 11 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 15. Useable amenities such as the pool/clubhouse, picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board, prior to the submittal of the final plat. 16. The Eagle Creek Subdivision shall remain under the control of one Homeowners Association. 17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained by the Eagle Creek Homeowner's Association. The applicant shall provide a copy of the CC&Rs which include a similar statement regarding the common lots for review and approval prior to submittal of the final plat. 18. The CC&Rs for the Eagle Creek Homeowner's Association shall provide that the association shall have the duty to maintain all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees. ST ANDARD 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. 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 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. Page 12 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 9. 10. 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. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (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. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: Page 13 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 15. 16. 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 (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 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. 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. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision sign age prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. Page 14 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 22. 23. 24. 25. 26. 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 Corps 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 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 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. 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. Page 15 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 32. 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. 33. 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. 34. 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. 35. 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 application for this item was received by the City of Eagle on February 24, 2005. 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 April 11, 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 April 8, 2005. Requests for agencies' reviews were transmitted on April 8, 2005, 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-4-05) 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 A-R (Agricultural- Residential) and R-4 (Residential). 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 Residential Three and provides the required improvements for a subdivision or as may be conditioned herein; 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 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 Page 16 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc 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 by 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 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 16th day of May 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada ¿¿un Idaho ATTEST: l\~~-\A ¥- ru~-4~ '-'" Sharon\: . Bergmann, Eagle City CI rk Page 17 of 17 K:\Planning Dept\Eagle Applications\SUBS\2005\Eagle Creek Sub pzf.doc