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Findings - CC - 2006 - PP-15-05 - Lighthouse Subd/18.93 Acre/11-Lot/1101 W Beacon Light Road ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) LIGHTHOUSE SUBDIVISION FOR ) M & H DEVELOPMENT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-15-05 The above-entitled preliminary plat application came before the Eagle City Council for their action on May 23, 2006, at which time public testimony was taken and the public hearing was closed, The item was remanded to staff and was retumed to the Eagle City Council for their action on June 20. 2006. at which time the Council made their decision. The 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: M and H Development LLC, represented by Sabrina Whitehead with Briggs Engineering, Inc" is requesting preliminary plat approval for Lighthouse Subdivision. The 18,93-acre, II-lot (9-buildable, 2-common) subdivision is located on the south side of West Beacon Light Road approximately Y2-mile east of Ballantyne Lane at 1101 West Beacon Light Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on October 31, 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 January 7,2006. 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 January 4, 2006, The site was posted in accordance with the Eagle City Code on March 24, 2006, Requests for agencies' reviews were transmitted on November 9, 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 May 8, 2006. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 3, 2006. The site was posted in accordance with the Eagle City Code on or before May 12,2006. D. HISTORY OF PREVIOUS ACTIONS: None E, COMPANION APPLICATIONS: A-15-05 and RZ-22-05 [rezone from RUT (Rural Urban Transition) to R-E (Residential Estates)]. Page 1 of 16 K:IPlanning DeptlEagle ApplicationslSUBS\2005lLighlhouse ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates RUT (Residential - Ada Single-family County designation) dwelling/pasture Proposed No Change R-E (Residential - up to one Residential Subdivision unit per two acres maximum) North of site Residential Rural RUT (Residential- Ada Single-family County designation) dwellings/pasture South of site Residential Estates R-E (Residential - up to one Kolander Subdivision unit per two acres maximum) within Academy Place Subdivision East of site Residential Estates RUT & Rl (ResidentiaI- Single-family Ada County designation) dwellings/pasture West of site Residential Estates RUT (Residential- Ada Single-family County designation) dwellings/pasture G, DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site - 18.93-acres Total Number of Lots - 11 Residential - 9 Commercial - 0 Industrial - 0 Common - 2 Total Number of Units - 9 Single-family - 9 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 16 K:\Planning DeptlEagle ApplicationsISUBSI2005\Lighthouse ccf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.48-units per acre I-unit per two-acres maximum (0.50-units per acre) Minimum Lot Size 1.8-acres (78,576-square feet) 1.8-acres (78,408-square feet) Minimum Lot Width 240-feet (approximately) 100-feet (minimum) Minimum Street Frontage 58-feet 35-feet (minimum) Total Acreage of Common Area 0.69-acres (30,301-square feet) Not required in R-E zone Percent of Site as Common Area 3,6% Not required in R-E zone I, GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-2A-7 (J) (4) (b) requires a minimum 50-foot wide landscape buffer area between minor arterials and new residential developments. Open Space: Eagle City Code does not require a minimum area of open space for the R-E zoning district. 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: A letter from the Eagle Fire Department recommends denial of the preliminary plat since central water is not available to the site to enable the installation and use of fire hydrants, In response to concerns raised by the Eagle Fire Department during the public hearing for Pony 2 Subdivision and Tanglerose Subdivision (located 515' west and 660' east of this site respectively), the City Council indicated that a central water system could be extended to this area, with potential financing through a local improvement district (LID). On-site Septic System (yes or no) - Yes Preservation of Existing Natural Features: The parcel has existing trees located mainly around the existing single-family dwelling. 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 Page 3 of 16 K:IPlanning DeptlEagle Applications\SUBSI2005\Lighthouse ccf.doc design of the subdivision, 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 is proposing to construct Emily Meadows Place extending southerly from Beacon Light Road, and terminating in a cul-de-sac within a S3-foot radius right-of-way. The roadway is proposed to be built within a SO-foot wide right-of-way, A 4-foot wide pathway is proposed to be striped on only one side of the roadway. A standard 2-foot wide ribbon curb with an 8-foot wide drainage swale are proposed to be constructed along the internal roadways, Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than SOO': None Cul-de-sac Design: Emily Meadows Place is a 930-foot (approximately) long cul-de-sac. Eagle City Code permits cul-de-sac lengths up to I,SOO-feet in the R-E zoning district, if approved by the Eagle Fire Department. Curbs, Gutters, and Sidewalks: Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or sidewalk. Two foot (2') wide concrete strips and drainage swales abutting the intemal streets are proposed in-lieu of curbs and gutters to accommodate storm water runoff. Sidewalks are not proposed within the subdivision; a 4-foot wide striped path on one side of the roadway is proposed. A 5-foot wide meandering concrete sidewalk is proposed along Beacon Light Road abutting the northern portion of this site. 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: Pedestrian Walkways: Striped bike and pedestrian walkways along one side of the roadway is proposed within the subdivision. Eagle City Code requires a four foot (4') wide striped path on both edges of the internal roadway in lieu of constructing sidewalks. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None Page 4 of 16 K:IPlanning DeptlEagle ApplicalionslSUBSl2005lLighthouse ccfdoc 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 - yes 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 and attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated December 2, 200S, and March 1, 2006, are of special concem (incorporated herein by reference and attached to the staff report). Ada County Highway District Central District Health Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Farmers Union Ditch Company Idaho Power Company Meridian Joint School District No.2 Q, LETTERS FROM THE PUBLIC: None received to date, STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable primarily for single-family residential development on acreages that may be in transition from agricultural to residential use or may combine small-scale agricultural uses with residential uses, Residential density of up to one dwelling unit per two gross acres may be considered by the City for this area. Page 5 of 16 K:IPlanning DepllEagle ApplicationslSUBSl2005\Lighthouse ccf.doc Chapter 8 Transportation 8.6 Implementation Strategies o. Encourage arterial and collector roadway design criteria consistent with the rural nature of planned and existing developments generally within the areas designated on the Land Use Map as Residential Rural (one dwelling unit per five acres maximum) and Residential Estates (one dwelling unit per two acres maximum), Such designs should include the following: 1. Vertical Curbs should not be permitted, except where may be required by ACHD. Where curbs are needed, flat or rolled curbs should be encouraged. 2, Sidewalks and/or pathways should meander and be separated from any roadway edge or curb to allow for added pedestrian safety. Topography, trees, ditches and/or similar features may limit the distance between sidewalks and/or pathways and the roadway edge, Easements may be needed if portions of the sidewalk and/or pathway is to be located outside of the right-of-way. 3. Unless otherwise determined by ACHD to be necessary for public safety, roadways should be a maximum of two lanes with a center tum lane only at driveways and/or street intersections that are expected to generate a minimum of 1000 vehicle trips per day, or where determined to be necessary for safety by ACHD. Any portion of a center turn lane which is not used for such a driveway or intersection should be landscaped. Such landscaped medians would need to be maintained by the City and would require a license agreement with the highway district having jurisdiction. 4, The roadways should be constructed to provide a bike lane on both sides of the roadway, B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 8-2A-7(J)(4)(b) Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (SO') 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: five (S) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental 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 (SO%) of the shade trees are substituted. A minimum five foot (S') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm. a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted, Page 6 of 16dK:\Planning DeptlEagle ApplicationsISUBSI2005\ughthouse ccf.doc C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS: In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. . Eagle City Code Section 9-3-6(A) Total easement width shall not be less than twelve feet (12'). . Eagle City Code Section 9-3-6(F)(6) SIDEWALK DESIGN: In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrianlbicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. . 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 8-2A-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. D. DISCUSSION: . The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one unit per two-acres maximum). The applicant is proposing .48-units per acre. . The proposed design of this subdivision complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code. However, the Eagle Fire Department's letter of November 28, 2005, states that the Department cannot recommend approval of the subdivision without a municipal water system to provide adequate water pressure to fire hydrants for fire protection. While it may not be impractical to bring water to this site, the timing, expense and willingness of a developer to bring the water Page 7 of 16 K:IPlanning DeptlEagle ApplicationslSUBSI2005\Lighthouse cef.doc to the site is not certain. Further, the recommendation of denial of a subdivision from a service and safety provider leaves some doubt as to the capability of a parcel to be developed in the immediate future. In order to recommend approval of a subdivision, staff must be able to conclude that a proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) and that service and safety issues have been adequately addressed. Although the design of the subdivision complies with Eagle City Code and the Comprehensive Plan, considering the information provided to date, staff cannot reach the conclusion that residents of the development will be provided with adequate fire protection based upon the response from Eagle Fire Department. . The preliminary plat, date stamped by the City on October 31, 2005, shows a four foot (4') wide pathway is to be constructed on one side of the roadway. Per Eagle City Code, a four foot (4') wide striped path on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. The applicant should be required to provide a revised preliminary plat showing a four foot (4') wide striped path on both edges of all internal roadways. The revised preliminary plat should be reviewed and approved by staff prior to the applicant submitting an application for final plat. . The preliminary plat, date stamped by the City on October 31, 2005, shows a 930-foot (approximately) long roadway to be constructed generally down the center of the subject property that will terminate in a cul-de-sac. The proposed cul-de-sac does not have a landscape island proposed within the center of it, which has been required in all subdivisions. The applicant should be required to provide a revised preliminary plat showing a landscape island to be located within the cul-de-sac of Emily Meadows Place. The revised preliminary plat should be reviewed and approved by staff prior to the applicant submitting an application for final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the concerns of the Eagle Fire Department provided within their letter dated November 28, 2005 (incorporated herein by reference and attached to the staff report), staff defers recommendation and provides the facts herein for consideration by the Planning and Zoning Commission and City Council. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 17, 2006, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of PP-15-05 for a preliminary plat for Lighthouse Subdivision for M and H Development LLC, with the site specific conditions of approval and standard conditions of approval shown within their Findings of Fact and Conclusions of Law document dated May 1,2006. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on May 23, 2006, at which time testimony was taken and the public hearing was closed. The Council remanded the item to staff and subsequently made their decision on June 20, 2006. Page 8 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse cef.doc B. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual from the Eagle Fire Protection District with concerns regarding the lack of adequate fire flows for the development due to the lack of central water service to the site. C. Oral testimony in favor of this proposal was presented to the City Council by two individuals (not including the applicant/representative). COUNCIL DECISION: The Council voted 3 to 0 (Guerber abstained) to approve PP-15-05 for a preliminary plat for Lighthouse Subdivision for M and H Development LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. Construct a 5-foot wide (minimum) meandering concrete sidewalk along Beacon Light Road abutting the site, generally located as shown on the preliminary plat date stamped by the City on October 31, 2005. 3. Revise the preliminary plat to either add a note or delineate utility easements along the front and rear property line of each lot to be a minimum of 12-feet wide. 4. Revise the preliminary plat to either add a note or delineate utility easements along side lot lines to be a minimum of 6-feet wide on either side of the lot line. 5. Place a note on the final plat which states that the 50-foot wide landscape easement along Beacon Light Road is to be maintained by the homeowner's association. Provide a statement in the CC&Rs that one homeowners association in perpetuity shall maintain the easement. The CC&Rs shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final plat. 6. Provide a revised preliminary plat showing a four foot (4') wide striped path on both edges of all internal roadways. The revised preliminary plat shall be reviewed and approved by staff prior to the applicant submitting an application for final plat. 7. The applicant shall remove all structures from the site prior to the issuance of any building permit for the site. Demolition permits shall be obtained prior to the removal of said buildings. 8. All utility poles providing service to the site shall be removed, prior to the issuance of any building permits for the site. All utility service lines serving the building lots shall be placed underground. 9. The swales (borrow ditches) along both sides of the roadways within this subdivision shall have a maximum slope of 4:1 (or as approved by the Ada County Highway District), planted with grass seed or sod and shall be maintained by the homeowners association. 10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and within five-feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the swales (borrow ditches). Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 11. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless determined otherwise by the City Forester. A detailed landscape plan showing how the trees will be Page 9 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse ccf.doc integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board review and approval prior to the applicant submitting an application for final plat. 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. 12. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 50-foot wide buffer area along Beacon Light Road abutting this site for review and approval by the Design Review Board, prior to the applicant submitting an application for final plat. The berm and landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision. 13. Extend the landscaping within the buffer area along Beacon Light Road to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 14. Provide a revised preliminary plat showing a landscape island to be located within the cul-de-sac of Emily Meadows Place. The revised preliminary plat shall be reviewed and approved by staff prior to the applicant submitting an application for final plat. 15. The applicant shall submit a design review application showing any proposed subdivision signage and a landscape plan showing planting details within the proposed landscape islands within the cul-de-sac for review and approval by the Design Review Board prior to the applicant submitting an application for final plat. 16. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site, prior to the applicant submitting an application for final plat. 17. The applicant shall submit a design review application with a landscape plan showing planting details and screening details for the irrigation pump house (located on Lot 11, Block 1), for review and approval by the Design Review Board prior to the applicant submitting an application for final plat. The pump house shall be located to comply with all required setbacks for the R-E zoning district. 18. Place a note on the final plat and a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all common lots located within the development. The applicant shall provide a copy of the CC&Rs for review and approval, prior to the applicant submitting an application for. The entire Lighthouse development shall remain under the control of one Homeowner's Association. 19. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all swales (borrow ditches) located within the development. The clause shall further state that the swales (borrow ditches) are not to be filled with soil or other material that would block proper drainage. The applicant shall provide a copy of the CC&Rs for review and approval, prior to the applicant submitting an application for final plat. 20. 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. 21. Provide a letter from the Farmer's Union Canal Company approving of any construction plans involving the relocation or construction of irrigation facilities currently accessing the site and under the purview of the Company, prior to City approval of the final plat. 22. Submit construction drawings to the City Engineer for review and approval of any irrigation facility not under the purview of the Farmer's Union Canal Company to ensure the irrigation facilities are Page 10 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse ccf.doc designed and constructed correctly to provide uninterrupted delivery of irrigation water to downstream users. 23. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the applicant submitting an application for final plat. 24. Provide a letter from the Eagle Fire Department allowing the length of Emily Meadows Place to exceed five hundred feet (500') prior to City approval of the final plat. 25. The installation of a fire protection sprinkler system is required for all new dwelling units within the subdivision. The system shall be installed prior to the issuance of a Certificate of Occupancy. 26. All structures shall be setback a minimum of 50-feet from the side property line (100-foot minimum between structures on abutting lots). 27. 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. 28. The applicant shall install at the entrances to Lighthouse 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. 29. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 30. All street names shall comply with the requirements of the Ada County Street Naming Committee. 31. The applicant shall install a drv-line water system for future connection to a central water system prior to the City Clerk signing the final plat. The design of the water system. including but not limited to fire hydrant locations, shall be reviewed and approved by the City Engineer as part of the construction plan review prior to approval of the final plat. The applicant shall comply with all requirements of the City Engineer with regard to the design, construction, maintenance, and activation of the system. 32. The applicant shall include in the CC&R's provisions to fund the future hook-up of the dry-line system to a central water line and to fund the purchase and installation of fire hydrants. The CC&R's shall be reviewed and approved by the City Attorney and the City Engineer prior to approval of the final plat. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. 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. 39-118). 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. Page 11 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse ccf.doc 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, 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 ( 1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. 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. Page 12 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse ccf.doc 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. 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. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". Page 13 of 16 K:IPlanning DcptlEagle ApplicationslSUBSI2005lLighthouse ccf.doc 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. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 32. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. Page 14 of 16 K:IPlanning DeptlEagle ApplicationslSUBSI2005lLighthouse ccf.doc 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on October 31, 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 January 7,2006. 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 January 4, 2006. The site was posted in accordance with the Eagle City Code on March 24, 2006. Requests for agencies' reviews were transmitted on November 9, 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 May 8, 2006. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 3, 2006. The site was posted in accordance with the Eagle City Code on or before May 12,2006. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-15- 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 ofR-E (Residential Estates); 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 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 services as the site will be served by septic systems to be approved by the Central District Health Department. Fire protection is available from the Eagle Fire District, however, each house is required to have fire sprinkler systems and greater side yard setbacks; 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 Page 15 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse ccf.doc reviewed and approved the Ada County Highway District and is subject to the conditions herein; 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 with the exception of fire hydrants; 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 preliminary plat approval as set forth within the conditions of approval above. DATED this 20th day of June 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ".........,' ~~~ I III ...... ..1.'" a dO:> '" _~ O'v ...... 'T, ~ " _.T ..-(\'iu. v 1I0... '(. I- '. ~ ., d.l>"~ ! M~l""'''1l;'~sd-O~\~ \ : ,.. -.: : : . v.1 .. \ ~ :..: \ 1,1)" ..~OdllO? l ~ ..'{:) . ~ """" J.il ......~,') ........ """II dO ~ ~........ ""'" ..,.", Page 16 of 16 K:IPlanning DeptlEagle ApplicationslSUBSl2005lLighthouse cef.doc