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Findings - CC - 2005 - PP-3-05 - Pp/178.52 Acre/240 Lot/142 Resid/53 Comm/45 Common/Lakemoor Subd D. E. BEFORE THE EAGLE CITY COUNIL ORIGINAL IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR LAKEMOOR SUBDIVISION FOR BW EAGLE LLC ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-3-05 The above-entitled preliminary plat application came before the Eagle City Council for their recommendation on May 10, 2005. The Eagle City Council having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: BW Eagle, LLC, represented by Dan Torfin, is requesting preliminary plat approval for Lakemoor Subdivision. The I78.52-acre, 240-10t (l42-residential, 53-commercial, 45- common) subdivision is located on the east side of Eagle Road approximately 1O00-feet north of Chinden Boulevard. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on February 10, 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 March 14, 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 March 9, 2005. Requests for agencies' reviews were transmitted on February 11, 2005, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council 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 7, 2005. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 12, 2003, the City Council approved a Comprehensive Plan Amendment (CPA-4-02) to change the land use designation on the Comprehensive Plan Land Use Map from Residential Two (up to two dwelling units per acre) to Mixed Use, an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with Development Agreement) and a rezone from R-2 (Residential-up to two dwelling units per acre) to MU-DA (Mixed Use with Development Agreement) for this site. COMPANION APPLICATIONS: None Page 1 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNA nONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA nON Existing Mixed Use MU-DA (Subsequent to the Rural Residences & approval of Ordinance #510) Pasture Proposed No Change No Change Planned Community consisting of Office, Commercial, and Residential North of site Residential Two (up to RUT (Residential- Ada County Proposed Laguna Pointe two dwelling units per designation) - Approved for R-E- CommerciallResidential acre maximum) & DA-PIR-2-DA-P/MU-DA Subdivision approved for Mixed Use South of site Residential One (up to R-I (Residential) Single-family residences one dwelling units per acre maximum) East of site Not in Eagle Area of RUT (Residential- Ada County Boise City Wastewater Impact designation) facility West of site Residential Two (up to R-2 (Residential) & R-2-P Rural Residences & two dwelling units per (Residential POD) Banbury Meadows acre maximum) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA or TDA. H. SITE DATA: Total Acreage of Site - I78.52-acres Total Number of Lots - 240 Residential - 142 Commercial - 53 Industrial - 0 Common - 45 Total Number of Units - 142 Single-family - 142 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre* Area A: 4.25-units per acre 5-units per acre maximum Area B: 1.82-units per acre 2-units per acre maximum Area C: 3.6-units per acre 4-units per acre Minimum Lot Size* 4,982-square feet 5,000-square feet in Area A 7,000-square feet in all other areas Minimum Lot Width 50-feet 50-feet in the MU zoning district Minimum Street Frontage 30-feet O-feet (frontage required only in residential zoning districts) Total Acreage of Common Area 3.0I-acres for Area A 2.35-acres (min.) for Area A .98-acres for 10% minimum plus 1.37-acres for lots smaller than the minimum (7,000 SF) - per ECC Section 8-2-4 (G) Percent of Site as Common Area 28% for Area A 24% (minimum) see above * As limited in the development agreement. A portion of the site (Area H and I) is encouraged by the City to be developed as multi-family, allowing up to six-units per acre, although the applicant is permitted to construct office uses instead. The residential "Carriage Home Sites" (Area A) shall be developed in a combination of attached town homes and detached patio homes at an approximate density of five units per acre. 0 Setbacks and Minimum lot size proposed for the Carriage lots: Front Rear Common Side (town home) Interior Side Additional Setback for Multi-Story structures Street Side 15 feet 10 feet 0 feet 5 feet 5 feet 15 feet Minimum Lot Size 5,000 square feet Page 3 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc The residential "Luxury Home Sites" (Area B) shall be developed for single-family detached homes at an approximate density of two units per acre. 0 Setbacks proposed for the Luxury lots: Front Rear Interior Side Additional Setback for Multi-story structures Street Side 20 feet 25 feet 7.5 feet 5 feet per story 20 feet The residential "Custom Home Sites" (Area C) shall be developed in single-family detached homes at an approximate density of four units per acre. 0 Setbacks proposed for the Custom lots: Front Rear Interior Side Additional Setback for Multi-story structures 2.5 feet per story - When the 2nd story wall section is designed to be offset toward the inside of the house from the lower story so that there is a "break" in the plane of the wall sections between stories then the second story setback may be reduced by 2.5 feet. 5 feet per story - When the first and second story wall sections are designed as a flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5 feet. 20 feet 25 feet 7.5 feet For the purposes of implementation of the setbacks noted herein, the first story shall have a top plate no higher than ten feet (10'). Street Side 20 feet I. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 28% common area which consists of waterways, open space, and pathways. The applicant (as required in the approved development agreement) is to construct a 10- foot wide asphalt pathway within the Chevron Pipeline easement as shown on the City's Transportation/Pathway Network Maps. Further details regarding pathway connections within the development are provided below under the "Discussion" portion of the Staff Analysis. The applicant is also required to provide a 30-acre (approximate) park site along the eastern boundary of the property (Area J as generally depicted in the development agreement) which is then to be developed, owned and maintained by the City of Eagle. Page 4 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc 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 (when deemed necessary) 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: There are numerous existing trees (which are required to be evaluated by the City Forester) as well as various minor water courses located on and within the site. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is aware of preservation of existing historical assets on the site, e.g. both the Oregon Trail and associated campsites. If during excavation or development of the site, any historical artifacts are discovered, State law requires immediate notification to the State. J. STREET DESIGN: Private or Public Streets: Public and Private The applicant is to construct one public roadway (East Lakemoor Parkway) through the site (separating the commercial portion from the residential) to act as the "spine" road to serve the development. This roadway (located within 72-feet of right-of-way) is to be constructed with two 21-foot wide travel lanes, separated by landscape islands with "cut outs" and small roundabouts for vehicle circulation and turning movements. Vertical curb and gutter and detached five-foot (5') wide concrete sidewalks (separated from the back of curb by six-foot wide landscape strips) are to be constructed on both sides of the roadways. The applicant is proposing to construct a system of private streets (located within 33-foot wide common lots) to serve the dwelling units, with the paved portions of the streets to be constructed 28-feet wide. The applicant is proposing to a construct four-foot (4') wide concrete sidewalk separated from the back-of-curb by a five-foot (5') wide landscape strip along one side of the private streets. Eagle City Code requires the construction of five- foot wide sidewalks abutting both sides of all streets. Page 5 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc The commercial portion of the development will gain access from East Lakemoor Parkway and traffic will circulate between the commercial lots via shared parking and drive aisles. Applicant's Justification for Private Streets: The applicant's justification letter date stamped by the City on February 10, 2005, is incorporated herein by reference. Also, see the "Discussion" portion of the Staff Analysis below. Blocks Less Than 500': None Cul-de-sac Design: Extending from Lakemoor Parkway, East Three Bridges Lane is a 700-foot (approximate) long cul-de-sac and East Waterpoint Place is 1,200-feet (approximate) in length with a "knuckle" located at the approximate midpoint to provide for turning movements. East Parkway Path is a 400-foot (approximate) long cul-de-sac extending southeasterly from the intersection of Parks ide and Parkway Path; a fourth cul-de-sac (approximately 40-feet long) extends northeasterly from the midpoint of Parks ide Creek. Each cul-de-sac contains a central landscape island and is designed with a radius of 50-feet to allow for turning movements. Sidewalks, Curbs and Gutters: See "Private or Public Streets" above. Lighting: Lighting for the subdivision is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City approving the final plat. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: See "Discussion" portion of the Staff Analysis below. 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: See "Open Space, Greenbelt Areas and Landscape Screening" noted above. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 6 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area and Special Area in the Comprehensive Plan. The Plan specifies additional development criteria and calls for special consideration relating to any proposed development within the Boise River Floodplain. Evidence of Erosion - none specifically noted in the EAP Fish - no Floodplain - 100 and 500-year Floodway - no Mature Trees - yes Riparian Vegetation - yes Steep Slopes - none shown to exist Stream/Creek - yes Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - none shown to exist as noted in the EAP Wildlife - yes O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: An EAP report was previously submitted with the Comprehensive Plan Amendment and Annexation and Rezone applications (CPA-4-02/A-3-02IRZ-5-02). 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 Department of Environmental Quality Drainage District No.4 (Ringert & Clark) Eagle Sewer District Idaho Power Idaho Transportation Department Joint School District No.2 United Water Company Q. LETTERS FROM THE PUBLIC: None received to date. Page 7 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS REGARDING THIS PROPOSAL: WHICH ARE OF SPECIAL CONCERN Chapter 1 - Overview 1.3 The City of Eagle Vision Statement 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; 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. 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 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 Page 8 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc 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 Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within the Central Business District (CBD). Development within this land use designation should be required to proceed through the POD and/or Development Agreement process. Residential density of up to twenty dwelling units per gross acre may be considered by the City for this area. 6.7 Implementation Strategies 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. 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 e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. 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. p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between Page 9 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. 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. Greenbelts are typically land areas that border scenic features or hazard areas (Le. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.2 Objectives e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. 9.6 Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 9.6.2 Objectives a. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. b. To provide an open space setting for active and passive recreation for all age groups throughout the community. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None Page 10 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-2-1 (G) (2) Cul-de-sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way. . ECC Section 9-3-2-1 (H) Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this title and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. . ECC Section 9-3-2-5 Private Streets: From the effective date hereof, private streets shall not be permitted. It is not the intent of this code to preclude the development of alternate public street designs and right of way widths as may be approved by the highway district having jurisdiction, and the city of Eagle. . ECC Section 9-3-6 (A) EASEMENTS, states in part: Total easement width shall not be less than twelve feet (12'). . ECC Section 9-4-1-6 (D) Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: 1. 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. . ECC Section 9-4-1-6 (F) Sidewalk Design: 1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A- 7 of this Code. Page 11 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc D. DISCUSSION: . The City Council approved a comprehensive plan amendment (CPA-4-02), and an annexation and rezone (A-3-02 & RZ-5-02) from RUT (Rural Urban Transitional) to MU-DA (Mixed Use with development agreement) for this site on August 12, 2003. The development agreement included a concept plan showing the areas for various land uses as well as a general lot, block, and street layout. In most regards, the proposed preliminary plat meets the objectives and intent of the development agreement and any differences are addressed below. For considerations of brevity, the conditions of the development agreement are referenced rather than reiterated within this report (a copy of the development agreement is incorporated herein by reference). . On November 11, 2003, the City Council adopted an ordinance prohibiting the construction of private roads in lieu of public roads to provide access to residential properties. As noted in the justification letter of February 10, 2005, the applicant states that it was the intention of the developer to construct a combination of public and private streets to serve the site (as shown on the concept plan), and that the Council's approval of the development agreement guarantees the use and construction of the private roads. While staff concurs that the development agreement provides exclusive rights in the development of the property, it remains unclear as to whether the private roadways were considered in the original proposal. Further, item 3.1 of the development agreement states in part that the development "...shall comply with the Eagle City Code, as it exists at the time such applications (preliminary plat) are made except as otherwise provided within this Agreement." Since there does not appear to be clear substantiation that private roads were indeed a part of the rezone and development agreement, and because Eagle City Code does not permit private streets, the residential areas of the site should be served by public roadways only. Staff will defer to the Planning and Zoning Commission and the City Council to determine whether the private streets as proposed should be approved. . The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map # I of 2 shows a pathway traveling within the Chevron Pipeline easement that bisects the subject site. As required within the approved development agreement, the applicant will construct a lO-foot wide asphalt pathway in the majority of the easement and will divert the said pathway at the northern end of the easement to travel along Lakemoor Parkway and then connect to a proposed 6-foot wide concrete sidewalk to be constructed along Eagle Road abutting this site. In addition to the applicant constructing the Eagle Road sidewalk and pathway within the pipeline easement, the applicant has proposed to construct a 6-foot wide gravel pathway traveling east-west generally along the Warm Springs Slough within the southern area of the development. On February 16, 2005, the City's Park and Pathway Development Committee made recommendations regarding the construction of pathways within the Lakemoor Subdivision as generally described above and as shown on the map presented to the Committee. . With the recent approval of the Comprehensive Plan Amendment for the Laguna Pointe PUD north of this site, a roadway connection was negotiated to be located between Laguna Pointe and Lakemoor to provide connectivity between the two developments. This connection essentially would bisect the development in a way that would separate residential units from the primary residential area, if the site were developed as shown on the concept plan attached to the development agreement. In light of this scenario, the applicant has proposed to place a commercial lot between the connecting roadway and the buffer area along Eagle Road. Given Page 12 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc the recent inclusion of the connecting roadway, the undesirability of isolating a residential lot from the rest of the residential uses, as well as the flexibility afforded through the development agreement, staff agrees that the placement of a commercial Jot in this subject area (Lot I, Block 1) is a minor change from the original concept plan and should be approved. . ECC Section 9-3-2-1 (G) requires cul-de-sac streets to not be more than five hundred feet (500') in length to terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way. The applicant has delineated two (2) cul-de-sacs on the preliminary plat which are in excess of 500-feet in length. . Past City Council action has permitted cul-de-sac roadways to exceed the maximum length permitted by Eagle City Code in subdivisions including the Brookwood POD and Cottonwood Creek. In these cases, the maximum required cul-de-sac length has been waived subsequent to approval by the Eagle Fire District. The applicant should construct intermediate turnarounds or "knuckles" located at certain locations which comply with the maximum required cul-de-sac length unless the Eagle Fire District approves the cul-de-sac lengths in excess of 500-feet and the City Council determines a waiver of the maximum cul-de-sac length of 500-feet is warranted. STAFF 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 April 4, 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 two (2) individuals who felt that the commercial development of the property would have an undesirable impact on their residential properties; that gated communities were a bad concept; there would be a negative impact on surrounding sites due to light "spillage"; the roadway connection to Chinden Boulevard would create too many traffic related conflicts; there is a need to preserve any remnant of the Oregon Trail that traveled through the site; the undesirability of "big box" retail that may be built on the site; the need to preserve "rural living"; and that the site has been subject to flooding in the past and may be in the future. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals (other than the applicant/representative) who felt the applicant has done an excellent job in meeting with, and addressing the concerns of, the residents surrounding the area; and that the development of the site has been approached in a sensible manner. D. Oral testimony neither in opposition to nor in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals who felt the proposed development (as well as other projects constructed by the applicant) is nicely designed but they have concerns about the traffic conflicts with existing residential driveways that may result from a roadway connection from Chinden Boulevard into the site; there is a need to limit the height of structures adjacent to the bench on the southern boundary of the site; the need to ensure that adjacent wells in the area will not be effected by the development; and questions whether the Warm Springs Slough would be piped. Page 13 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-3-05 for a preliminary plat for Lakemoor Subdivision with the site specific conditions of approval and standard conditions of approval shown within their Findings of Fact and Conclusions of Law document, dated April 18, 2005. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on May 10, 2005, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to this proposal was presented to the City Council by no one. D. Oral testimony in favor of this proposal was presented to the City Council by one (1) individual (not including the applicant/representative) with concerns regarding the height of the buildings along the bench, traffic impacts to adjacent residential areas, access to Chinden Blvd., and location of sewer services. E. Oral testimony neither opposed to nor in favor of this proposal was presented to the City Council by one (1) individual with concerns regarding buffering between the proposed commercial uses/buildings within the development and the existing residential area located south of this site, and the protection of the Oregon Trail along the bench area. COUNCIL DECISION: The Council voted 4 to 0 to approve of PP-3-05 05 for a preliminary plat for Lakemoor Subdivision with the following site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all site specific conditions of the City's Engineering firm (Holladay Engineering) except that Nos. 5 and 6 shall be deleted. 2. Comply with all requirements of the development agreement for this site dated August 13, 2004, between the City of Eagle and BW Eagle, Inc, except as modified by Site Specific Condition No. 35 herein. 3. Comply with all requirements of CPA-4-02, A-3-02 and RZ-5-02, except as modified by Site Specific Condition No. 35 herein. 4. A Flood Plain Development Permit application shall be submitted to and approved by the City prior to the City approving a final plat. 5. All new construction and substantial improvement of any residential structure within the 100 year flood plain shall have the finish floor elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation 6. Comply with all conditions of the Idaho Transportation Department with regard to access to Eagle Road, pursuant to ITD Permit #3-03-250. Page 14 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc 7. As noted in the Idaho Transportation Department letter of March 4, 2005, the proposed access to Chinden Boulevard was denied. Unless this decision is reversed, the applicant shall construct an ACHD approved turnaround at the southern end of Lakemoor Parkway. The remaining land area (where the proposed right-of-way was to be located) shall be landscaped and a pathway between the turnaround and the sidewalk adjacent to Chinden Boulevard shall be constructed. Any development of the area near the turnaround is to be in accordance with the conditions of the development agreement dated August 13, 2004, between the City of Eagle and BW Eag]e, Inc. 8. Provide a note on the plat and within the Property Owner Association CC&Rs that states there shall be no parking allowed within those private roadways that are less than 36-feet wide. A 28-foot street section shall be allowed in the residential section "A", otherwise known as the carriage lots, as detailed in the development agreement. All other private streets shall be constructed to a minimum 36- foot wide street section. 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. 9. Provide a note on the plat and within the Property Owner Association CC&Rs that states that each lot owner that abuts the private roadways has the perpetual right of ingress and egress over the private roadways, and that the perpetual right shall run with the land. 10. Provide a copy of the Property Owner Association CC&Rs providing a plan and schedule for the future repair and maintenance of the private roadways. The CC&Rs shall be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. 11. Provide a note on the plat that states that the restrictive covenant for maintenance of the private roadways cannot be modified and the Property Owner's association cannot be dissolved without the express consent of the City. 12. The applicant shall submit payment in the amount of $3,060.00 based upon $400.00 (base fee) plus 0.38 cents per lineal foot (approximately 7,000-lineal feet of private roads, proposed within the subdivision) prior to, or along with, the submittal of the final plat application. 13. The applicant shall construct intermediate turnarounds or "knuckles" located at certain locations which comply with the maximum required cul-de-sac length unless the Eagle City Council and the Eagle Fire Department determines that the cul-de-sacs named East Three Bridges Lane and East Waterpoint Place are permitted to be constructed with a length greater than 500-feet. (Note: The City received a letter from the Eagle Fire Department on April 4, 2005, stating they had no objection to the cul-de-sacs exceeding 500-feet in length.) 14. The applicant shall work with the developer of the Laguna Point Subdivision to ensure that the proposed street connecting the two developments will be correctly aligned. 15. All street names shall comply with the requirements of the Ada County Street Naming Committee. 16. Comply with all conditions of the Chevron Pipeline Company contained in the letter dated July 22, 2003. 17. Comply with all conditions of the letter of March 1, 2005, from Ringert and Clark representing Drainage District #4. 18. If a sewer lift station is required by the Eagle Sewer District, the lift station shall be screened from Page 15 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc view from adjacent residences as well as passing pedestrians and motorists. Building materials proposed for the station enclosure and planting details for screening the structure shall be submitted for review and approval by the Design Review Board prior to the submittal of a final plat. 19. 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 Property Owner's Association. The entire Lakemoor Subdivision shall remain under the control of two associations (and sub-associations) of lot owners, one for the residential portion of the development project and one for the commercial portion of the project. CC&Rs for the each owner's association shall provide that the association has the duty to maintain all of the common landscape areas (including landscaping within rights-of-way for Eagle Road 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 applicable 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. 20. Construct an access road to the park site (Area J) in accordance with the provisions of Article 3.19 of the recorded development agreement between the applicant and the City of Eagle, dated August 13, 2004. 21. Five-foot (5') wide concrete sidewalks shall be constructed on both sides of all roadways (and main drive aisles in the commercial area) within the development. 22. All gravel material extracted from the creation of site features (ponds) shall be used on-site. Excavation may result in an overburden of material that cannot be used on site. Removal of any overburden from the site shall be permitted to occur; the sale of gravel materials directly from the site shall be prohibited. 23. The applicant shall provide documentation stating that all requirements of the Army Corp of Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been complied with, or are conditions of compliance, regarding any pond or wetland alteration and/or related items, prior to construction occurring in any wetland or other area under the jurisdiction of the aforementioned agencies. 24. The applicant shall construct a meandering six foot (6') wide (minimum) concrete sidewalk within the one hundred-foot (100') wide landscape common area (not including right-of-way) along the portion of the property adjacent to Eagle Road. The sequencing of the construction of a sidewalk connecting the sidewalk required herein to the existing sidewalk located along Eagle Road approximately three hundred feet (300') south of the southwest corner of the property should be a collaborative effort with the Idaho Transportation Department in conjunction with the improvements proposed on Eagle Road as noted in the Final Report for the Eagle Road Corridor Study. The City of Eagle will provide a supportive role in facilitating the construction of the sidewalk. 25. Show on the final plat that all carriage home lots (Area A) to be a minimum of 5,000-square feet in SIze. 26. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Data" section "H" noted above. 27. Show on the final plat a revised lot configuration for Lot 33, Block 2, to include a common lot along Page 16 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc Bridge Point Lane abutting the westerly property line of the lot. 28. Show on the final plat a revised lot configuration for Lot 7, Block 8, which provides access to East Three Bridges Lane. 29. Additional specific criteria required for Area A (Carriage Homes) are as follows: a. No portion of the building in the garage area shall be less than 18-feet from the back of sidewalk (soffits may extend no more than 2-feet from the building face). This is to allow sufficient room for a vehicle to park in front of the garage without blocking the sidewalk. b. Upon review of final development plans the City may encourage that dwelling units be designed with side entry garages. c. Common walls between attached units shall be insulated to mitigate transfer of noise between the units. The insulation method shall be reviewed and approved by the City Building Official prior to approval of the final development plan. 30. Any new utilities serving the site shall be located underground. 31. Add a note to the final plat delineating rear utility easement widths to be a minimum of 12-feet wide. 32. The applicant shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum ten (10) foot wide asphalt public pathway in a landscaped strip located within the Chevron Pipeline easement, the design and landscaping for which shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of the final plat application(s) wherein the pathway is located. The asphalt pathway, but not the landscaped areas, shall be located in an easement or easements which shall be dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6:E.2, upon recordation of the final plates) wherein the pathway is located. 33. In accordance with the site plan date stamped by the City on and approved by the Parks and Pathway Development Committee, the applicant shall construct a lO-foot wide concrete pathway from the northern end of the Chevron Pipeline easement to travel along Lakemoor Parkway and then connect to the 6-foot wide concrete sidewalk to be constructed along Eagle Road abutting this site. The applicant shall construct a 6-foot wide gravel pathway traveling east-west generally along the Warm Springs Slough (as shown on the referenced site plan) within the southern area of the development. 34. On any final plat which includes commercial lots, place a note identifying which lots are subject to reciprocal cross access easements for vehicular and pedestrian ingress and egress to the public right- of-ways and to utility easements delineated or noted on the plat. 35. Lot 1, Block 1, is approved for commercial development, taking into consideration the requirement for stub street connection to the property to the north (Laguna Pointe Subdivision) which was negotiated subsequent to the approval of the development agreement for this site. 36. 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 commercial pad site is required prior to the issuance of any building permit for construction on that pad site. Individual lots within this subdivision will be required to have a minimum of 10% landscaping each. 37. Provide construction plans to the City Engineer for review and approval which detail how the proposed waterways are to be maintained, methods (such as aeration) that will prevent stagnation and Page 17 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.doc breeding of pests, and how storm water is to be accommodated, prior to the City Engineer signing the final plat. 38. All pond and waterway banks shall be planted with natural grasses and plants. Planting details shall be submitted for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. 39. 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 the 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 within the landscape strip between the concrete sidewalk and back of curb abutting all interior streets. 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. 40. Provide detailed building elevations of 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 City Clerk signing the final plat. 41. All nonresidential buildings shall be designed with architectural elements in compliance with the Eagle Architecture and Site Design Book (EASD). The applicant shall submit a master building design plan that shows general design criteria including composition, color, materials, and architectural themes to be incorporated into the construction of all commercial buildings on the site, with details showing how each building will compliment the others with said design elements. The master plan shall be reviewed and approved by the Design Review Board prior to the issuance of any building permits for the commercial portion of the site. Architectural styles not shown within the EASD book will not be considered. 42. 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. 43. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 44. 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. 45. Place a note on the final plat stating that no direct access (other than those approved with this application) to Eagle Road shall be permitted 46. Useable amenities such as 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 City approving a final plat. 47. The applicant shall submit cut sheets showing street lighting details for review and approval by the Page 18 of25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd. doc Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 48. 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. 49. The applicant shall provide written notice to all the contractors to clean up daily, no loud music, and no dogs off leash. 50. A maximum of two (2) private street gates are permitted for the residential areas. The specific location of the gates shall be reviewed and approved by the Design Review Board. The gates shall be located so as to preclude the connection of two public street via a private street. 51. The landscape buffer along the southern boundary of the site shall be designed in accordance with Eagle City Code Section 8-3-3-D. The landscape buffer shall be reviewed and approved by the design Review Board prior to the submittal of a final plat application. 52. A maximum of one real estate sign (located in the landscape area adjacent to Eagle Road) shall be permitted. 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. 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 19 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd. 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. 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. Page 20 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (Le.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. b. c. d. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. 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 Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 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 21 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.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 22 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub ccf.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 February 10, 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 March 14, 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 March 9, 2005. Requests for agencies' reviews were transmitted on February II, 2005, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council 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 7, 2005. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-3- 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 MU-DA (Mixed Use with development agreement) and the conditions of the development agreement dated August 13, 2004, between the City of Eagle and BW Eagle, Inc. 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 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 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 by the Idaho transportation Department and the Ada County Highway District and is Page 23 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc 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 Council'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. 4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the code in effect at the time the rezone with development agreement was approved, the Council has determined that: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that the private street will serve to enhance the overall development. The following reasons support the above noted finding: Because this development is located bound by the South Channel of the Boise River to the north, and ponds to the northeast, the design will limit the number of units and configuration of lots allowed in the 100 year floodplain; and because the applicant is planning to provide a unique housing opportunity with a combination of lot types and amenities including a public park site that will bring numerous trips through the development private roads and gating are allowed to provide a secure and secluded setting; 2. The private street within the subdivision provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The roadways will be designed to be non-continuous and terminate in cul-de-sacs and/or a loop system terminating a single access point, thereby limiting the number of vehicles using the roadways; and because only residential lots are being served by these roads the commercial and park users will not be able to access this roadway system, the number of pedestrian and vehicle trips will be limited, 3. The private street provides adequate access for service and emergency vehicles: The Eagle Fire District will be required to approve the design of the roadways, and actuator devices for emergency vehicles to be installed on any gates, and since the cul-de-sacs have been designed with large enough turnarounds to accommodate the turning radius of emergency vehicles; 4. The private streets within the subdivision do not adversely affect access to adjacent properties: The private street will not adversely affect access to adjacent properties since it will not connect one public street to another and since it does not take away existing public street accesses to surrounding properties; Page 24 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc 5. The private streets will not land lock adjacent property due to topography or parcel layout as shown on the proposed plan, and since all adjacent properties currently have access to public roadways; 6. The private streets within the subdivision do not connect one public street to another since gates will be located on the private streets as conditioned herein; 7. The use or alignment of the private streets within the subdivision do not interfere with the continuity of public streets as noted above; and 8. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof, within the required CC&R' s for the subdivision and with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer and City Attorney prior to City approval of the final plat. DATED this 24th day of May 2005. CITY COUNCIL OF THE CITY OF EAGLE , Ada County, Idaho L ATTEST: » fA"~. If.- (k,~",,~ Sharoti K. Bergmann, Eagle City C erk Page 25 of 25 K:\Planning Dept\Eagle Applications\SUBS\2005\Lakemoor Sub cd.doc