The URL can be used to link to this page

Findings - PZ - 2007 - PP-02-06 - Brutsman Subdivision/17-Lot Subd/4.86 Acre/10895 Horseshoe Bend Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR BRUTSMAN SUBDIVISION FOR DONNA WESTON ) ) ) ORIGINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-02-06 The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 4, 2007, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Donna Weston, represented by Craig McCullough with Doumecq Development, is requesting preliminary plat approval for Brutsman Subdivision, a 17 lot (12-buildable, 1- existing, 4-common) residential subdivision. The 4.86-acre site is located approximately 1,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, January 5, 2007 at the Eagle Public Library in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on January 10, 2007. 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 Code on April 16, 2007. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 9, 2007. Requests for agencies' reviews were transmitted on January 12, 2007 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 20, 2007. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA E. COMP ANION APPLICATIONS: NA F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable ): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive plan and vision of the City of Eagle. Page 1 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (Two RUT (Rural Urban Transition Agriculture units per acre maximum) - Ada County designation) Proposed No Change R-2-DA (Up to two units per Single family, residential acre) North of site Residential Two (Two RUT (Rural Urban Transition Single family, residential, units per acre maximum) - Ada County designation) agriculture South of site Residential Two (Two Rl (Residential, up to one Single family, residential units per acre maximum) unit per acre maximum - Ada (Puffin Park Subdivision) County designation) East of site Residential Two (Two RUT (Rural Urban Transition Agriculture units per acre maximum) - Ada County designation) West of site Residential Two (Two Rl (Residential, up to one Single family, residential units per acre maximum) unit per acre maximum - Ada (Ripcord Ranch County designation) Subdivision) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SITE DATA: Total Acreage of Site - 5.70 Total Number of Lots - 12 Residential - 8 Common - 4 Total Number of Units - Single-family - 8 Total Acreage of Any Out-Parcels - none Page 2 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.7 -units per acre 2-units per acre maximum Minimum Lot Size 20,204-square feet 17,000-square feet Minimum Lot Width 120-feet 75-feet Minimum Street Frontage 58-feet 30- feet Total Acreage of Common Area .57-acres .57-acres (minimum) Percent of Site as Common Area 10.1% 10% (minimum) J. GENERAL SITE DESIGN FEATURES: Open Space, Green Belt Areas and Landscape Screening: According to the preliminary plat date stamped by the City March 23, 2007, the applicant is proposing a thirty five foot (35') landscaped buffer area on the west edge of the property adjacent to North Park Lane. There is also a 13,374-square foot landscaped common area proposed to be located at the east portion of the property. At the north east section of the property a 421-square foot landscaped common area is proposed. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 that unobstructed utility easements shall be provided along front lot lines, rear lot lines, and side lot lines when deemed necessary. Total easement width shall not be less than twelve-feet (12'). Fire Hydrants and Water Mains: The preliminary plat shows one (1) fire hydrant located approximately 389- feet east of the main entrance off of North Park Lane and on the north side of the proposed Adonai Drive. The hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes or no) - No Pressurized Irrigation: The property has water rights with the Farmers Union Ditch Company. The water right will be retained and a pressurized irrigation system will be provided to serve the residential and common areas within the proposed development. The City of Eagle currently requires the installation of pressurized irrigation systems for the irrigation of landscaping when new development is within an irrigation district and water rights are available. The narrative provided with the Lockey Subdivision preliminary plat application indicates the property has existing water rights from the Farmer's Union Page 3 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc Ditch Company. The applicant is proposing to work with the adjacent developers of Tabasco Trail Estates and Lingel (Adonai) Subdivisions to establish a joint water association for providing the required pressurized irrigation to the developments. Preservation of Existing Natural Features: Per Eagle City Code Section 9-3-8(B) existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. No such features are known to exist on the property. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: According to the preliminary plat date stamped by the City on March 23, 2007, there will be an eighty foot (80') wide entrance to the proposed Adonai Drive off of North Park Lane. Adonai Drive is proposed to be 690-feet (approximately) connecting east to west from North Park Lane to a stub street at the north east section of the property. Adonai Drive is proposed to have a 320-square foot landscaped island at the west entrance of the property and a 250-square foot (approximately) landscaped island within a bulb-out 330-feet east of the North Park Lane entrance. Blocks Less Than 500': None Cul-de-sac Design: None Sidewalks: According to the preliminary plat date stamped March 23, 2007 by the City, five-foot (5') wide detached sidewalks with eight-foot (8') planting strips are proposed for both sides of the proposed Adonai Drive. A ten foot (10') wide sidewalk is proposed along the west section of the property adjacent to North Park Lane. Curbs and Gutters: Six inch (6") curb and gutters are proposed. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Page 4 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc Pedestrian Walkways: Other than the above mentioned sidewalks, the preliminary plat date stamped March 23, 2007 by the City shows no proposed pathway system. Bike Paths: Per Eagle City Code Section 9-4-1-7 a bicycle pathway shall be provided within all subdivisions as part of the public right-of-way or separate easement, as may be specified by the city council. Bike paths are not proposed on the preliminary plat date stamped January 10, 2007 by the City. M. PUBLIC USES PROPOSED: See "Open Space and Design" noted above. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Correspondence has not yet been received concerning adequate availability to fire, water and sewer service. According to the narrative supplied by the applicant and date stamped January 10, 2007 by the City, the property will be services by the Eagle Fire Department, United Water and the Eagle Sewer District. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -No Evidence of Erosion - No Fish Habitat - No Floodplain - No Mature Trees -No Riparian Vegetation - No Steep Slopes - No Stream/Creek: No Unique Animal Life - No Unique Plant Life - Unknown Unstable Soils - No Wildlife Habitat - No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letter dated February 27, 2007, are of special concern (see attached). Ada County Highway District Central District Health Department Chevron Pipeline Page 5 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Lands S. LETTERS FROM THE PUBLIC: Patricia Minkiwicz stated in correspondence date stamped by the City on April 30, 2007, that the proposed subdivision is in an area oftransitioning and that the proposed lots a half acre in size are not a proper transition to the five acre properties located across Beacon Light Road. Barbara Crowell provided a petition from property owners located in the general vicinity of the development and correspondence date stamped by the City on May 14, 2007, addressing what they believe are problems with the development and providing recommended solutions. The correspondence also indicated that the neighborhood meetings for the developments (Lockey, Tobasco Trails, and Lockey [Adonai] Subdivisions) were sporadic at best. STAFF FINDINGS OF FACT: A. PROJECT SUMMARY: Donna Weston, represented by Craig McCullough with Doumecq Development, is requesting preliminary plat approval for Brutsman Subdivision, a 17 lot (l2-buildable, 1- existing, 4-common) residential subdivision. The 4.86-acre site is located approximately I ,200-feet south of Floating Feather Road and on the west side of Horseshoe Bend Road at 10895 Horseshoe Bend Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on February 16, 2006. The application was deemed complete on May 2,2007. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 14,2007. 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 14,2007. The site was posted in accordance with the Eagle City Code on April 7, 2006. Requests for agencies' reviews were transmitted on May 15, 2007 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT ACTIONS: On August 12,2003, the Eagle City Council denied an annexation and rezone to R-4 for this approximate 5-acre parcel (A-I-03/RZ-I-03) On July 25, 2006, the Eagle City Council approved an annexation and rezone from RUT (Rural Urban Transition - Ada County Designation) to R-4 with a development agreement (A-3-06/RZ-03-06). E. COMPANION APPLICATIONS: None Page 6 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Four R-4 (Residential) Vacant Proposed No Change No Change Single-Family Residential (Brutsman Subdivision) North of site Residential Four R-4-P (Residential- Planned Single-Family Residential Unit Development) (Shadowview Subdivision) South of site Residential Four R-4-P (Residential- Planned Single-Family Residential Unit Development) (Shadowridge Subdivision) East of site Residential Three R2 (Residential-Ada County Horseshoe Bend Designation) Road/Single-Family Residential (Brenson Subdivision) West of site Residential Four R-4 (Residential) State Highway 55/Single- Family Residential (Echo hawk Estates Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site - 4.86-acres Total Number of Lots - 17 Page 7 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc Residential - 13 Common - 4 Total Number of Units - 13 Single-family - 13 (One existing unit) Total Acreage of Any Out-Parcels - 0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.67-dwelling units per acre 2.67-units per acre maximum Minimum Lot Size 8,000-square feet 8,000-square feet (minimum) Minimum Lot Width 78-feet 70-feet (minimum) Minimum Street Frontage 31.27-feet 35-feet (minimum) Total Acreage of Common Area . 64-acres A8-acres (minimum) Percent of Site as Common Area 13% (.64-acres)* 10% (minimum) *Note: Does not include planter strips within the public right-of-way. I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-2A-7 (J) (4) (a) requires a minimum 35-foot wide landscape buffer area between urban or rural collectors and new residential developments. Eagle City Code Section 8-2A-7 (J) (4) (c) requires a minimum 75-foot wide landscape buffer area between principal arterial or freeway/expressway and new residential developments. According to the preliminary plat date stamped by the City on May 2, 2002, a seventy five foot (75') wide landscape buffer is proposed on the west section of the development adjacent to Highway 55, and a thirty five foot (35') wide landscape buffer area is proposed on the east section of the property adjacent to Horseshoe Bend road. Open Space: Will provide .64-acres (13%) which does not include planter strips within the public right- of-way. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 8 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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 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 (1) eight hundred foot (800') long (approximate) public road (Shadowbluff Street) that connects from North Shadowridge A venue within Shadowview Subdivision to the north to North Shadowhawk Avenue within Shadowridge Subdivision to the south. Shadowbluff Street is proposed to terminate at the east portion of the property with a fifty foot (50') radius cul-de-sac. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: The roadway serving the subdivision is designed with one (I) cul-de-sac that is located approximately 200-feet from the Shadowridge Subdivision entrance to the south, and located 800-feet (approximately) from the Shadowview Subdivision entrance to the north. The cul-de-sac is designed with a fifty foot (50') wide radius turnaround. Sidewalks: A five foot (5') wide detached concrete sidewalk is proposed on both sides of the proposed internal road (East Shadowbluff Street) providing pedestrian connectivity to the adjacent subdivision to the north and south. The portion of the sidewalk along the south side of the internal road veers from the street and meanders through the proposed open space. The sidewalk along the southeast portion of the development splits offfrom the cul- de-sac and extends along the south boundary of the property connecting to the proposed sidewalk along North Horseshoe Bend Road. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. According to the preliminary plat date stamped by the City on May 2, 2007, standard rolled or six inch (6") vertical curb and gutter are proposed to be constructed along all internal roadways. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the Page 9 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Five-foot (5') wide concrete sidewalks are proposed along both sides of the internal street, separated from the back of curb by an eight-foot (8') wide landscape strip. A pathway is proposed through a portion of the open space and along the southern boundary of the property. L. PUBLIC USES PROPOSED: None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes, adjacent to North Horseshoe Bend Road Riparian Vegetation - no Steep Slopes - no Stream/Creek - no 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 letters dated March 17, 2006, are of special concern (incorporated herein by reference). Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Meridian School District Q. LETTERS FROM THE PUBLIC: None received to date R. CITY FORESTER'S REPORT: Provided within the staff report Page 10 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzrdoc 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 Four, suitable primarily for single-family residential development within an urbanized setting. Residential density of up to four dwelling units per acre may be considered by the City for this area. Chapter 4 - Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare ofthe public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population come the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded play an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will affect the community. 4.3 Goal a. Encourage the provision of public utilities, services, and schools. c. Maintain a sense of personal safety and security for all residents. d. Strive to prevent and extinguish fires and aid in other emergencies dealing with the protection of life or property. 4.4 Objectives a. To encourage the reduction of overlapping service areas and or illogical service boundaries. Strive for continued cooperation between service and utility providers and the City. c. To strive to prevent criminal activity and reduce the incidence of crime. d. To encourage a high standard of fire protection and emergency services. 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 Transportation/Pathway 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 e. Encourage new development to provide for pedestrian, equestrian, and Page 11 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps # I and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. m. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance. p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. 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. Chapter 9 - Parks, Recreation and Open Space 9.5 Pathways and Greenbelts Pathways are non-motorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. 9.5.1 Goal To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 Objectives a. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. b. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. k. Link existing isolated pathway segments. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Page 12 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc . Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area: Zoning Maximum IFrontllReMI Inrerior Street Maximum Minimum Lot Area Minimum District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot And H* Width 1* IR-4 1135' 1~~17.5' 1120' 1140% 118,000 1170' I . Eagle City Code Section 8-2-4(I) Lot width shall be determined as follows: the distance between side lot lines measured at a point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot front adjacent to a public or private street, for aU residential zoning districts shall be 35 feet. . 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(J)( 4)(a) a. Any road designated as an urban or rural collector on the Ada County long range highway and street map: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1 ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . Eagle City Code Section 8-2A-7(J)( 4)( c) c. Any road designated as a principal arterial on the Ada County long range highway and street map and/or any freeway or expressway: A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) 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 (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination Page 13 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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 ofthe decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . Eagle City Code Section 8-2A-7(J)(5)(a-b) Common Area Landscapes: New residential subdivision common area landscapes shall be comprised of the following: a. Lawn, either seed or sod. b. A minimum of one deciduous shade tree per one thousand (1,000) square feet. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-3-2-2 Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. . Eagle City Code Section 9-3-6 Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). B. Unobstructed drainageway easements shall be provided as required by the city council. . Eagle City Code Section 9-4-1-3 A. Generally: I. Vertical curbs and gutters shall be constructed on collector and arterial streets. 2. Rolled curbs and gutters shall be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County highway district. B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County highway district or the Idaho transportation department. . Eagle City Code Section 9-4-1-6( A) Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. . Eagle City Code Section 9-4-1-6(B)(l)( c-d) I. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: Page 14 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc c. Adopted pathway elements within the comprehensive plan and the ridge to rivers pathway plan; d. Neighborhoods; . Eagle City Code Section 9-4-1-6(D)(1,2,3,&6) 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles while allowing use by bicycles, wheelchairs and other modes of travel. 3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 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 & B) 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. B. Approval of Plans: All water and sewer plans shall be submitted to the Idaho Page 15 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc department of health and welfare or its authorized agent for approval in accordance with the provisions of section 50-1326, Idaho Code. (Ord. 88, 11-15-1983) . Eagle City Code Section 9-4-1-9(C)(2 - 4) C. Pressurized Irrigation Facilities: 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25%) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two (2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required. Page 16 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 4. Requests for waivers shall be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and/or a delivery system are not available to the property. (Ord. 442, 5-13-2003) . 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: . Currently the 4.86 acre site is used for residential and agricultural purposes with a single- family residential structure located on the east side of the property adjacent to Horseshoe Bend Road. The applicant is proposing a seventeen (17) lot residential subdivision (twelve (12) buildable lots, one (1) existing single family dwelling, and four (4) common lots). The proposed lot sizes comply with the 8,000 square-foot minimum requirements for the R-4 zone. The subdivision design complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code. . On July 25,2006, the Eagle City Council approved an annexation (A-3-06) and rezone with a development agreement for this site (RZ-03-06). . On August 12, 2003, the Eagle City Council denied an application (A-I-03/RZ-I-03) for an annexation and rezone to R-4 for this approximate 5-acre parcel (Weston property). The Council determined that because the parcel was amid undeveloped properties, the lack of a master plan for the area diminished the ability of adjacent properties to develop in an appropriate and consistent manner. The "piecemeal" development of the single property to a higher density would not be compatible with the existing larger parcels (five-acres in size or more) and low-density uses in the area, and as such, a more intensive use of this property would be premature. The Council encouraged property owners in the area to reach a consensus on the development of the area in order to achieve a neighborhood with a cohesive character and function upon the combined parcels. The owners of the property north and south of the Weston property teamed up to create a master plan for the area; however, the applicant for the subject property chose not to participate at that time. Instead, the adjacent property owners placed stub streets on the north and south property lines that would allow the Weston property to provide a continuous roadway which would provide good traffic circulation and allow them to complete the master plan for the area. The City Council approved the Shadow Ridge Subdivision PUD (A-3- 04/RZ-3-04/CU-3-04/PPUD-I-04/PP-3-04), with the two stub streets in place, on July 27, 2004. The Shadow Ridge Subdivision PUD was built in two phases. The final plat (FPUD-5-04 & FP-7 -04) for the first phase, located south of the Weston property and known as Shadowridge Subdivision, was approved by City Council on November 9,2004. The final plat (FPUD-I-05 & FP-I-05) for phase two, located north of the Weston property and known as Shadowview Subdivision, was approved by the City Council on March 8, 2005. Page 17 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzrdoc · The site is located between two eXlstmg subdivisions, Shadowview to the north and Shadowridge to the south, both of which provide stub street access to the proposed internal road (East Shadowbluff Street). According to the preliminary plat date stamped by the City on May 7, 2007, the existing access off of North Horseshoe Bend Road will be removed and the existing house on Lot 2, Block, will then take access from within subdivision and will front off of the proposed cul-de-sac. · According to the preliminary plat date stamped by the City on May 7,2007, the applicant will provide a seventy five foot (75') wide buffer along SH 55 to be located within both a fifty foot (50') wide common lot and a twenty five foot (25') wide easement. The applicant should provide a landscape plan showing the twenty five foot (25') easement portion of the seventy five foot (75') buffer area adjacent to SH 55 to be sloped and landscaped as required by Eagle City Code. The landscape plan should be reviewed and approved by the Design Review Board prior to the submittal of final a plat application. · The preliminary plat date stamped by the City on May 2, 2007, shows the existing house to have street frontage onto East Shadowbluff Street via a 115-foot long (approximately) and thirty one foot (31 ') wide driveway. Eagle City Code requires that all buildable lots adjacent to a public right-of-way have thirty five foot (35') minimum street frontage. Staff suggests that the applicant merge the lot lines for Lots 3 and 4, Block I, together and then create a twelve foot (12') easement for a driveway access to Lot 2, Block 1. This adjustment will also allow for more room for building setbacks on Lot 4, Block I. The applicant should provide a revised preliminary plat that shows the lot lines for Lots 3 and 4, Block 1, to be merged and a twelve foot (12') easement for a driveway access to Lot 2, Block 1. The revised preliminary plat should be reviewed and approved by staff prior to the submittal of final a plat application. · According to the preliminary plat date stamped by the City on May 2, 2007, Lot 4, Block I and Lot 5, Block 1, appear to be positioned in a manner that will not allow the required building setbacks to be met. The applicant should provide a revised preliminary plat that shows building pads to be placed on all of the lots, and shown to be in compliance with the City's setback requirements for the R-4 Zone. The revised preliminary plat should be reviewed and approved by staff prior to the submittal of final a plat application. · According to the preliminary plat date stamped by the City on May 2,2007, a street section is displayed that shows five foot (5') detached sidewalks along both sides of the proposed East Shadowbluff Street. However, as the street continues south from Shadowview Subdivision and curves to the east, the proposed sidewalk further separates from the street and meanders as a pathway through the proposed open space. The sidewalk should continue adjacent to the street and should not meander off into the proposed open space. This will be in compliance with ACHD regulations and allow for more active use of the proposed open space. The applicant should provide a revised preliminary plat that shows the sidewalk adjacent to the south side of the internal street to be separated no more than eight feet (8') from the street, prior to the submittal of a final plat application. · According to the preliminary plat date stamped by the City on May 2, 2007, a pathway extends along the south boundary of Lot 3, Block 1 and Lot 2, Block I, and connects to the sidewalk adjacent to North Horseshoe Bend Road. A revised preliminary plat should be provided that contains a plat note specifying that a ten foot (10') wide easement for a six foot (6') wide paved pathway will extend along the southern boundary of Lot 3, Block I, and Lot 2, Block 1. The revised preliminary plat should be reviewed and approved by staff prior to the submittal of final a plat application. Page 18 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc . The proposed development is within the Eagle Water Company service area. Due to concerns about level of service and under the recommendation of the Department of Environmental Quality (DEQ) the City has placed a moratorium on all development projects within the Eagle Water Company's service area until adequate levels of service can be guaranteed. The applicant should submit letters from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating that water has been approved to serve the site, prior to the submittal of final a plat application. . The applicant has requested a waiver of the condition that requires a pressurized irrigation system to provide water to all lots within this development. This has been requested due to the site having no associated water rights and that the nearby Farmers Union Ditch Company has never supplied irrigation water to the site. In a letter from Sunrise Engineering date stamped by the City on February 16, 2006, it is stated that the property has no associated water rights through the Farmers Union Ditch Company and that water has never been supplied to the site by the Farmers Union Ditch Company. In a letter from the City Engineer date stamped by the City on May 25,2007, it is stated that a waiver may be appropriate for this development. STAFF RECOMMENDED FINDINGS: . Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed preliminary plat is in accordance with the City of Eagle Code because: 1. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; 2. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; 3. That there are no known capital improvement programs for which this development would prevent continuity; 4. That based upon agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and United Water Company as conditioned herein, there is adequate public financial capability to support the proposed development; 5. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Preliminary Plat with conditions as provided within the staff report. Page 19 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 4, 2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission from no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION: The Commission voted 4-0 (Felix absent) to recommend approval of PP-02-06 for a preliminary plat for Brutsman Subdivision with the staff recommended site specific conditions of approval and standard condition shown herein (following the conditions to be placed in a development agreement) with underline text to be added by the Commission. CONDITIONS TO BE PLACED IN A DEVELOMENT AGREEMENT: 2.1 The maximum overall density of the property shall not exceed 2.67 units per acre. 2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for cornpletion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way between this property and the edge of pavement along Horseshoe Bend Road to be landscaped prior to the City of Eagle signing the final plat. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. 2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of the preliminary plat. Each lot within the proposed preliminary plat (subdivision) shall use and be connected to central sewer. 2.6 Letters of approval shall be provided to the City from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating potable water service has been approved to serve the site prior to the submittal of final plat application. Each lot within the proposed preliminary plat (subdivision) shall use and be connected to Eagle Water Company system. 2.7 Construct a five foot (5') wide detached sidewalk within the right-of-way of Horseshoe Bend Road prior to the issuance of any occupancy permits for the site. 2.8 Provide a ten foot (10') wide public access easement for a pathway for the connection of Page 20 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc the internal street (as shown on the concept plan) to Horseshoe Bend Road, prior to the submittal of a preliminary plat. 2.9 The developer shall ensure all existing structures (houses, garages, barns etc.) that will remain on the site comply with the R-4 (Residential) zoning district regulations. Otherwise, the applicant shall move or remove all structures (houses, barns, etc.) from the site prior to the City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of any said structures. 2.10 The applicant shall provide pressurized irrigation from existing irrigation water rights historically used on the site. If no such irrigation water right existed, evidence of the irrigation water right history shall be provided to the City to determine what irrigation source should be used for this development, prior to submittal of the preliminary plat application. 2.11 Applicant shall provide usable open space within the proposed subdivision. The open space shall include amenities such as play ground equipment, gazebos, benches, seat walls, walking paths, and landscaping. The landscaping may include shrubs, flower beds, water features, etc. All landscaping and common area open space, including amenities, shall be reviewed and approved by the City of Eagle Design Review Board prior to submittal of a final plat application. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-03-06. 2. Comply with all site specific conditions provided within the City Engineer's letter dated May 25, 2007. 3. Provide a revised preliminary plat that shows the sidewalk adjacent to the south side of the proposed internal street to be separated no more than eight feet (8') from the street, prior to the submittal of a final plat application. 4. Provide a revised preliminary plat that contains a plat note specifying that a ten foot (10') wide easement for a six foot (6') wide paved pathway will extend along the southern boundary of Lot 3, Block 1 and Lot 2, Block I. The revised preliminary plat shall be reviewed and approved by staff prior to the submittal of a final plat application. 5. Provide a revised preliminary plat that shows the lot lines for Lots 3 and 4, Block 1, to be merged and a twelve foot (12') easement for a driveway access to Lot 2, Block I. The revised preliminary plat shall be reviewed and approved by staff prior to the submittal of final a plat application. 6. The applicant shall provide a revised preliminary plat that shows building pads placed on all of the lots and in compliance will the City's setback requirements. The revised preliminary plat shall be reviewed and approved by staff prior to the submittal of final a plat application. 7. The applicant shall submit payment to the City for all outstanding Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 8. The applicant shall submit letters from the Eagle Water Company and the Department of Environmental Quality (Boise Regional Office) indicating water has been approved to serve the site, prior to the submittal of a final plat application. 9. Provide a landscape plan showing the twenty five foot (25') wide easement portion of the seventy five foot (75') wide buffer area adjacent to SH 55 to be sloped and landscaped as required by Page 21 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc Eagle City Code. The landscape plan shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. 10. Place a note on the final plat stating that direct access to State Highway 55 is prohibited. 11. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the submittal of a final plat application 12. Comply with all conditions provided within the Eagle Fire District letter dated, February 24, 2006. 13. The applicant shall submit a design review application including, but not limited to: I) any proposed subdivision signage, 2) planting details within the proposed and required landscape islands, planter stripes, and all common areas throughout the subdivision, 3) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 4) all construction details of the 5-foot wide sidewalks within the development (i.e. width, specific location, and surface material) 5) detailed building elevations of any structures proposed to house the pressurized irrigation pump. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 14. The applicant shall submit a design review application and landscape plan showing any fencing (if proposed), trees, landscaping, berming, and planting details within the required seventy-five foot (75') wide buffer area along State Highway 55 abutting this site and within the required thirty-five foot (35') wide buffer area along Horseshoe Bend Road abutting this site. The design and materials of the buffer areas shall be compatible with the existing buffers areas found within the adjacent Shadowview Subdivision to the north and the adjacent Shadowridge subdivision to the south. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of final plat application. 15. The applicant shall provide 3-inch minimum caliper shade-class trees (to be reviewed and approved by the Design Review Board) along both sides of the street 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. The trees shall be located in the 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5- foot wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 17. 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 submittal of a final plat application. 18. The entire Brutsman Subdivision development shall remain under the control of one Homeowners Association. The applicant shall provide a copy of the CC&Rs for review and approval by the City Attorney, prior to the submittal of a final plat application. 19. Provide a provision within the CC&R's stating: Government Rules and Ordinances. In the event Page 22 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc any of these CC&R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. These CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of these CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. The CC&R's shall be reviewed and approved by the City Attorney, prior to the submittal of a final plat application. 20. Place a note on the final plat that all common lots are to be owned and maintained by the Brutsman Homeowner's Association. The applicant shall provide a copy of the CC&Rs which include a similar statement stating that the association shall have the duty to maintain and operate all of the common landscape areas and sidewalks in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. The CC&R's shall be reviewed and approved by the City Attorney, prior to the submittal of a final plat application. 21. The CC&Rs for the Brutsman Homeowner's Association shall provide that the storage of any type of trailers, campers, recreational vehicles and equipment, watercraft and the like shall only be stored in an enclosed garage, or within the side lot area screened by a fence, upon each Lot. The CC&R's shall be reviewed and approved by the City Attorney, prior to the submittal of a final plat application. 22. Provide a revised preliminary plat showing the inclusion of a landscape island, including vertical curb and gutter, in the cul-de-sac located at the terminus of East Shadowbluff Street within the development, prior to submitting a final plat. The landscaping within the island shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. 23. 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. 24. 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. 25. Install at the existing stub street entrances to Shadowview and Shadowridge 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. The signs shall be installed prior to the issuance of a building permit. 26. Any overhead utilities serving the site shall be located underground. 27. 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. 28. Any non-potable connections to the potable water system shall comply with the Department of Environmental Quality requirements, such as backflow prevention devices etc. 29. If feasible, construction traffic associated with this development will use the existing access off of North Horseshoe Bend Road. Page 23 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title 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&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall berobstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or Page 24 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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. 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 for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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 Page 25 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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". 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. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 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 Page 26 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc 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. CONCLUSIONS OF LAW: 1. The preliminary plat application for this item was received by the City of Eagle on February 16, 2006. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 14, 2007. 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 14, 2007. The site was posted in accordance with the Eagle City Code on May 25, 2007. Requests for agencies' reviews were transmitted on May 15, 2007 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-02-06) 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 density of the approved zoning designation of R-4-DA (Residential, up to four units per acre maximum with a 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 will provide 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; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served by central sewer from the Eagle Sewer District and will use public water to be served from Eagle Water Company. Eagle Water Company is currently under a moratorium by the City. This development will not be allowed to proceed with the final plat process until such a time that the moratorium is lifted. Fire protection will be available from the Eagle Fire District and fire hydrants will be provided where required; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is reviewed and approved by the highway district having jurisdiction and is subject to the conditions therein; and Page 27 of28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc f. This development is in continuity with the capital improvement program since the required public improvements have been installed on site, 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 ofthe 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 preliminary and/or final plat approval as set forth within the conditions of approval above. DATED this 18th day of June 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho erk ..'"............ ..... OF EA 0 .... !II." ~ ~ ......... (. L\. .'. ~ ~"\o . e. ~.... . ~ ~... yORA]' -.. ".:- : ,.0* ~. ~ : c.i ~*: . . . . .=.. _.- . : :, AL ;:: : \ \-:" S B ~ ~I 0 i '=' .. ('0 ~i-~.. ~ ~ ~ ~'),. ...ItPOR".. ,.,. ~ ", ~. ...... <'\ \ - ~.. "'" .., ]'l:' OF \'V ....... "" ~ " '""""."" ATTEST: Page 28 of 28 K:\Planning Dept\Eagle Applications\SUBS\2006\Brutsman pzf.doc