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Findings - PZ - 2005 - PP-12-05 - Gladstone Subd/6.92 Acre/23-Lot/2511 E. Hill Rd ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) GLADSTONE SUBDIVISION FOR ) GEMSTAR DEVELOPMENT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-12-0S The above-entitled preliminary plat and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on November 7, 2005, at which time public testimony was taken and the public hearing was closed. The 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: Gemstar Development, LLC, is requesting preliminary plat approval for Gladstone Subdivision. The 6.92-acre, 23 lot (17 buildable, 6 common) subdivision is located on the south side of East Hill Road approximately \,lOO-feet west of State Highway 55 at 2511 East Hill Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on September 8, 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 September 26, 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 September 28, 2005. Requests for agencies' reviews were transmitted on September 14,2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: RZ-17-05 [Rezone from R-3 - Residential- Three (up to three units per acre maximum) to R-4-DA - Residential-Four with development agreement- (up to four units per acre maximum)] Page 1 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA nON Existing Residential Three R-3 (Residential) Non-conforming use/pasture Proposed No Change R-4-DA (Residential with Residential Subdivision development agreement) North of site Residential One R -I (Residential) Single family residential South of site Residential Four R-4 (Residential) Great Sky Subdivision East of site Mixed Use MU (mixed use) Office/residential West ofsite Residential Four R-4 (Residential) Chaumont Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 6.92-acres Total Number of Lots - 23 Residential - 17 Commercial - 0 Industrial - 0 Common - 6 Total Number of Units - 17 Single-family - 17 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 16 K:\Planrnng DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.46-d welling units per acre (as Residential four (four units per proposed within the development acre) agreement) Minimum Lot Size 8,050-square feet (0. 18-acres) (as 8,000-square feet (0. 18-acres) proposed within the development (minimum) agreement) Minimum Lot Width 70-feet 70-feet (minimum) Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 2.05-acres 0.69-acres (minimum) Percent of Site as Common Area 29% (1.99-acres)* 10% 'Note: Does not include planter strips, storm drain lots, the non-buildable lot - Lot I, Block I. or the landscape islands within the public right-of-way. I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-2A-7 (1) (4) (a) requires a minimum 35-foot wide landscape buffer area between urban or rural collectors and new residential developments. Open Space: Will provide a total of 29% of common area of which 10% minimum is required. 1.99-acres (29%) which does not include planter strips, storm drain lots, the non-buildable lot - Lot 1, Block 1, or landscape islands within the public right-of-way. Storm Drainage and Flood Control: The applicant as required by the Subdivision Ordinance has submitted street drainage plans. 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 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) - No Page 3 of 16 K:\Planning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc 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 which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The applicant has proposed one public roadway that connects East Halsey Drive within Chaumont Subdivision to South Poplar Bluff A venue within Great Sky Subdivision. A ninety foot (90') long cul-de-sac is proposed on the southwest side of South Poplar Bluff Avenue. The street and cul-de-sac will be constructed with eight foot (S') wide landscape strips and five foot (5') wide separated sidewalks on both sides of the roadway. Standard rolled or six inch (6") vertical curb and gutter are proposed to be constructed along all internal roadways with vertical curb and gutter adjacent to the landscape islands located within the internal roadways. Hill Road abutting the northern boundary of this site is not improved with any curb, gutter, or sidewalk. Eagle City Code as well as ACHD Policy Standards require vertical curb and gutter to be constructed on collector and arterial roadways upon the development of adjacent parcels. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: The roadway serving the subdivision consists of one cul-de-sac proposed to be constructed at 90-feet (approximately) in length and end within a 50-foot radius turn-around. Sidewalks: A five foot (5') wide concrete sidewalk is proposed within the subdivision. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal streets, separated from the back of curb by an eight-foot (S') wide landscape strip. No Page 4 of 16 K:\Planrnng DeptlEagle ApplicationsISUBSI20051G1adstone pzf.doc sidewalk has been DroDosed along East Hill Road abutting the northern boundary of the site. L. PUBLIC USES PROPOSED: A five-foot (5') wide pedestrian pathway is proposed along the western edge of the New Dry Creek Canal. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - yes Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated October 31, 2005, are of special concern (incorporated herein by reference). Ada County Highway District Central District Health Chevron Texaco Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Power Company Meridian Joint School District No.2 United Water Company Q. LETTERS FROM THE PUBLIC: Letter from George Taylor, date stamped by the City on October 7,2005 (incorporated herein by reference). Letter from Linda Schrader, date stamped by the City on October 18, 2005 (incorporated herein by reference). Page 5 of 16 K:\Planning DeptlEagle ApplicationslSUBSI2005lGladstone pzf.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Three, suitable primarily for single-family residential development within an urbanized setting. Residential density of up to three dwelling unit per acre may be considered by the City for this area. Chapter 8 Transportation 8.3.0 City of Eagle Functional Pathway Classifications An effective pathway system should include a combination of Paths and Lanes. The City of Eagle TransportationlPathway Network Maps #1 and #2 illustrates the various classifications and locations which are included in the pathway system and described as follows: 8.3.1 Paths Location: Paths could be located on corridors separated 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 r. Encourage planning of local roadway systems which will provide for intra- neighborhood connectivity. The connection roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra-neighborhood connectivity is for emergency and delivery vehicles and for local intra-neighborhood access. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-6(G)(6) Street Boundaries Spacing (Each Side Of Street) 300 feet (staggered) Hill Road Edgewood Lane to New Highway 55 . Eagle City Code Section 8-2A-6(G)(8) Bollard style pedestrian lighting shall be required along all pathways not illuminated by street and/or site lighting. . Eagle City Code Section 8-2A-7(1)(4)(a) 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. Page 6 of 16 K:\Planning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc A minimum five foot (5') high, maximum eight foot (S') 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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-4-1-6(A) Intent: The placement of pathways is intended to encourage non motorized 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. . Eagle City Code Section 9-4-1-6(D)(6) In order to design for crime prevention the following design standards will be followed: a. The use of "see through" fencing is preferred, as it provides better visibility from adjacent homes or buildings. If solid fencing is used it may not exceed four feet (4') in height. b. Adequate lighting may be provided as determined by Eagle City Council and may be owned and maintained by the City of Eagle once the path is turned over to the City for maintenance. . Eagle City Code Section 9-4-1-6(F)( 4) Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. . Eagle City Code Section 9-4-1-9(A) Construction; Extension: All public water supply or sewer systems (serving 2 or more separate premises or households) shall be constructed in accordance with any adopted local plans and specifications. All new public water supply or sewer systems shall be an extension of an existing public system whenever possible. In the event that the proposed public water supply or sewer system is not an extension of an existing public system, there shall be a showing by the subdivider that the extension is not feasible and not in the best interest of the public. . Eagle City Code Section 9-4-1-12 LANDSCAPE BUFFER AREAS: Landscape buffer areas, in accordance with section S-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. Page 7 of 16 K:\Planning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc D. DISCUSSION: . Currently this site is used as a pasture and has a non-conforming commercial use within the structure located on this site. With the development of this site the non-conforming use will be removed and replaced with a twenty three (23) lot residential subdivision (seventeen (17) buildable and six (6) common lots). The development will connect East Halsey Drive located within Chaumont Subdivision to South Poplar Bluff A venue located within Great Sky Subdivision. The Ada County Highway District is requiring this development to connect to the existing stub streets within Chaumont Subdivision and Great Sky Subdivision with no direct lot access being permitted to East Hill Road. The proposed development provides lots ranging from 8,050-square feet to 17,325-square feet in size. This will be compatible with the existing developments (Chaumont and Great Sky Subdivisions) to the west and south of this development. The applicant is requesting an R-4 zoning designation to accommodate the smallest lot size being created; however, the development agreement associated with the rezone for this site will limit the density of the entire development to 2.46-units per acre. All lots meet the minimum lot size in the R-4 zone; 8,000 square feet (smallest lot is 8,050). . The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of2 shows a pathway traveling within the New Dry Creek Canal easement that intersects this parcel. The applicant is proposing to construct a five foot (5') wide pathway along the south side of the canal from the south property line to the west property line or this site. It is the applicants desire to use the New Dry Creek Canal as an amenity in its self for the future residences of this development to view the existing wildlife and vegetation along the canal. A four foot (4') high wrought iron fence will be required for all lots that abut Lot 2, Block I of this development. The applicant should be required to obtain written approval from the New Dry Creek Canal Company or representing company permitting a five foot (5') wide pathway to be constructed within their easement. The written approval from the New Dry Creek Canal Company or representing company should be submitted to the City prior to the City Clerk signing the final plat. The applicant should be required to provide provisions within the CC&R's requiring a plan and schedule for the future repair and maintenance of the pathway and canal banks within the New Dry Creek Canal easement. The CC&R's should be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. . The preliminary plat date stamped by the City on September 8,2005, indicates a ten foot (10') wide planter strip is to be located between the back of curb and the five foot (5') wide sidewalk. It is the applicants desire to reduce the ten foot (10') wide planter strip down to an eight foot (8') wide planter strip which still meets the minimum planter strip width adopted by the City Council. The applicant should be required to provide a revised preliminary plat showing the planter strips to be a minimum of eight feet (8') wide. The revised preliminary plat should be reviewed and approved by staff prior to the City Clerk signing the final plat. . The preliminary plat date stamped by the City on September 8, 2005, indicates Lot I, Block 1, is a 7,390-square foot lot which does not comply with the minimum lot size of 8,000-square feet within an R-4 zone. The applicant should be required to provide a revised preliminary plat showing Lot 1, Block 1, to be a minimum of 8,000-square feet. The revised preliminary plat should be reviewed and approved by staff prior to the City Clerk signing the final plat. . Note 7 of the preliminary plat date stamped by the City on September 8, 2005, indicates Lot I, Block I, is to be a non-buildable lot and be retained by the developer. The applicant should be Page 8 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc required to provide provisions within the CC&R's requiring Lot 1, Block 1, to be maintained in accordance with the common area lots of this development until such time the City reviews and approves this lot as apart of another development. The CC&R's should be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. . Lot 2, Block 2, as shown on the preliminary plat date stamped by the City on September 8, 2005, is a double fronting lot on South Poplar Bluff A venue and East Gladstone Court. The applicant should be required to provide a revised preliminary plat showing Lot 2, Block 2, fronting only East Gladstone Court. The revised preliminary plat should be reviewed and approved by staff prior to the City Clerk signing the final plat. . The sidewalks within Chaumont Subdivision and Great Sky Subdivision are five foot (5') wide attached sidewalks. The five foot (5') wide sidewalks within this development are proposed to be separated by an eight foot (8') wide planter strip. The applicant should be required to provide a revised preliminary plat showing how the five foot (5') wide separated sidewalks will transition to the attached five foot (5') wide sidewalks within the adjacent developments. The revised preliminary plat should be reviewed and approved by staff prior to the City Clerk signing the final plat. . Per the Ada County Highway District report date stamped by the City on November 2, 2005, Hill Road is scheduled to be improved with three lanes with curb, gutters, and sidewalks and bike lanes between State Highway 55 to Edgewood Lane. The Ada County Highway District is requiring the applicant to provide a road trust deposit for the cost of curb, gutter, sidewalk, and pavement widening for two hundred eighty-three (283) linear feet. Although these improvements are scheduled to be constructed within four (4) years, it is staff's opinion that a five foot (5') wide asphalt pathway should be constructed along the frontage of this development until Hill Road is improved. The applicant should be required to provide a revised preliminary plat showing a five foot (5') wide asphalt pathway along the entire frontage of this development along Hill Road. The revised preliminary plat should be reviewed and approved by staff prior to the City Clerk signing the final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, 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 November 8, 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 four (4) individuals who expressed concerns about the compatibility of this development with the surrounding area and lifestyles; and the impact this development will have on the public roads within the adjacent developments. C. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one (I) petition from Chaumont Subdivision regarding the increased traffic through Chaumont Subdivision and Great Sky Estates Subdivision and the compatibility of this development with the surround area and lifestyles. Page 9 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-12-05 for a preliminary plat for Gladstone Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike thru to be deleted by the Commission and text shown with underlined to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: I. Comply with all applicable requirements of the City Engineer. 2. Comply with all applicable requirements of the rezone application and development agreement (RZ- 17 -05). 3. Comply with all requirements of the Ada County Highway District, specifically (but not limited to) roadway design and construction of sidewalks. 4. A four foot (4') high wrought iron fence shall be required for all lots that abut Lot 2, Block I of this development. 5. Work with ObtaiH writteH aflflfeval froFR the New Dry Creek Canal Company or representing company to gain permission to construct pefFRittiHg a five foot (5') wide pathway te Be eeHstmcted within their easement. If the access is granted +he written approval from the New Dry Creek Canal Company or representing company shall be submitted to the City prior to the City Clerk signing the final plat. 6. Provide provisions within the CC&R's requiring a plan and schedule for the future repair and maintenance of the pathway and canal banks within the New Dry Creek Canal easement. The CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 7. Provide a revised preliminary plat showing the planter strips to be a minimum of eight feet (8') wide. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat showing Lot 1, Block 1, to be a minimum of 8,000-square feet. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 9. Provide provisions within the CC&R's requiring Lot I, Block 1, to be maintained in accordance with the common area lots of this development until such time the City reviews and approves this lot as part of another development. The CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 10. Provide a revised preliminary plat showing Lot 2, Block 2, fronting only East Gladstone Court. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 11. Provide a revised preliminary plat showing how the five foot (5') wide separated sidewalks will transition to the attached five foot (5') wide sidewalks within the adjacent developments. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 12. Provide a revised preliminary plat showing a five foot (5') wide asphalt pathway along the entire frontage of this development along Hill Road or alternative of compliance as deemed appropriate bv the Design Review Board. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 13. Extend the landscaping within the buffer along East Hill Road to within nine feet (9') from the edge of pavement. The nine feet (9') between the landscaping and edge of pavement (along the entire frontage Page 10 of 16 K:\Planning DeptlEagle ApplicationslSUBSl2005lG1adstone pzf.doc of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 14. Provide a license agreement from ACHD approving the landscaping located with the public right-of- way of East Hill Road abutting the site, prior to the City Clerking signing the final plat. 15. The CC&R's for the Gladstone Homeowner's Association shall provide that the association shall have the duty to maintain and operate 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. The CC&R's shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 16. The applicant shall submit a landscape plan showing planting details and amenities to be located within all the common areas within Gladstone Subdivision. The landscape plan and amenities shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 17. 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. 18. 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. 19. 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. 20. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 2\. 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. 22. The applicant shall install at the entrances to Gladstone Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 23. 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. 24. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 25. Any overhead utilities serving the site shall be located underground. 26. All street names shall comply with the requirements of the Ada County Street Naming Committee. Page 11 of 16 K:\Planning DeptlEagle ApplicationslSUBSI2005lGladstone pzf.doc 27. The applicant shall work with the Ada Countv Highwav District to provide traffic calming measures to mitigate the impact of through traffic within the adiacent developments. Written recommendations from the Ada Countv Highwav District shall be submitted to the City orior to the City Clerk signing the final plat. Traffic calming measures shall be installed prior to the Citv accePting building permit within this development. STANDARD CONDITIONS OF APPROVAL: I. 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 (LC. Title 50, Chapter 13 and LC. 39-11S). 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 seryice, prior to the City Engineer signing the final plat (B.C.C. 9-20-S.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. S. Per Idaho Code, Section 31-3S05, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that Page 12 of 16 K:IPlanning DeptlEagle ApplicationslSUBSI2005lGladstone pzf.doc 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. 1 \. 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: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 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 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. Page 13 of 16 K:\Planrnng DeptlEagle ApplicationslSUBSI2005lGladstone pzf.doc 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 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 signage prior to the City Engineer signing the final plat. IS. 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. Conseryation, 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. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. 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. 24. 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. 25. Basements in homes in the flood plain are prohibited. 26. 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. 2S. No public board, agency, commission, official or other authority shall proceed with the Page 14 of 16 K:IPlanning DeptlEagle ApplicationslSUBSI2005lGladstone pzf.doc 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 Suryeyor, 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. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on September 8, 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 September 26, 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 September 28, 2005. Requests for agencies' reviews were transmitted on September 14,2005, 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-12-05) 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 R-4- DA (Residential with development agreement); and 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 and provides the required improvements for a minor subdivision; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area, since the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan and since the proposed lot configurations, as well as the intent to develop the site with single family dwellings, is commensurate to the surrounding development.; and d. Will not create excessive additional requirements at public cost for facilities and Page 15 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc services as the site will be served with central sewer from the Eagle Sewer District. Fire protection is available from the Eagle Fire District; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved the Ada County Highway District and is subject to the conditions herein; and since no new dedication of public right-of-way is proposed or required; and f. This development is in continuity with the capital improvement program since the required public improvements are required as conditioned herein, and previously have been 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 combined preliminary plat and final plat approval as set forth within the conditions of approval above. DATED this 22nd day of November 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE 1#1. Idaho . /I{ Phillip J. Bandy, Chairman \ I ATTEST: .................. .... OLE -." ... <(J~ .......... "'lit, I b ..- 'tE ... "'~ : 0''- ~t- ..... 0 ~ :>0/4,0 , ~\,:.\ \ \t · "V Q. 4( . ~ o. '~~ t' Q: V v ~,Ir...,...: ~ ~ ~: '\. ,"Co" o.i ...... ... ~G. ,," ~.. ...~v"" .... S T " """"" ."......1.'. Page 16 of 16 K:\Planning DeptlEagle ApplicationslSUBSl2005lGladstone pzf.doc