Loading...
Findings - CC - 2014 - PP-14-13 - Overton Acres Subdivision/4.66 Acre/3145 S Locust Grove Rd BEFORE THE EAGLE CITY COUNCIIL IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) OVERTON ACRES SUBDIVISION ) FOR WILLIAM & WANDA OVERTON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-14-13 The above-entitled preliminary plat came before the Eagle City Council for their action on February 25, 2014, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: William and Wanda Overton, represented by Jimmie Miller with John L. Scott Real Estate, are requesting preliminary plat approval for Overton Acres Subdivision, a 6-lot (4- residential, 2-common) residential subdivision. The 4.66-acre site is located on the west side of South Locust Grove Road approximately 1,000 feet north of Chinden Boulevard at 3145 South Locust Grove Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, September 25, 2013, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on December 4, 2013. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in the Valley Times in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on December 30, 2013. 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 December 26, 2013. Requests for agencies' reviews were transmitted on December 13, 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 3, 2014. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 10, 2014. 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 February 5, 2014. The site was posted in accordance with the Eagle City Code on February 14, 2014. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 12, 2006, the Eagle City Council approved a rezone and preliminary plat application for Overton Acres Subdivision(RZ-18-06/PP-17-06). E. COMPANION APPLICATIONS: None. Page 1 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One R-1-DA(Residential up to one unit per acre with a Residence with pasture development agreement) Proposed Residential One No Change Residential North of site Residential One R-1 (Residential up to one Residential(Carlene Estates unit per acre) Subdivision) South of site Residential One R-1 (Residential up to one unit per acre) Residential(Spyglass Subdivision) East of site Residential One R-1-P(Residential up to one Residential (Banbury Subdivision) unit per acre with a PUD) West of site Residential One R-1 (Residential up to one unit per acre) Residential(Spyglass Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site-4.66-acres Total Number of Lots -6 Residential -4 Commercial -0 Industrial-0 Common -2 Total Number of Units -4 Single-family-4 Duplex -0 Multi-family-0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.97-units per acre 1-unit per acre maximum Minimum Lot Size 37,009-square feet 37,000-square feet Minimum Lot Width 154-feet 100-feet Minimum Street Frontage 126-feet 35-feet Total Acreage of Common Area 0.31-acres 0-acres (minimum) Percent of Site as Common Area 6.7% 0% (minimum) Page 2 of 18 K:APlanning Dept\Eagle Applications\SUBS\2013VOvenon Acres Sub ccf.doc GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to construct a thirty-five foot (35') wide buffer located adjacent to Locust Grove Road. All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat application. The preliminary plat date stamped by the City on December 4, 2013, shows a 35-foot wide common lot located adjacent to South Locust Grove Road. South Locust Grove Road is designated as a collector roadway. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(c), a 35-foot wide landscape strip is required adjacent to Locust Grove Road with a minimum five foot high berm/wall combination with extensive landscaping to provide a buffer. Open Space and Design: The proposed development includes 0.31-acres (6.7%) of common area. The common area consists of the required buffer area along Locust Grove Road and a .11- acre open space area located along the south side of Tueller Court. The common area is a combination of road buffer areas, and street landscape islands. The R-1 (Residential up to one unit per acre)does not require a minimum amount of open space. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no): No Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Mature trees are located throughout the site and are to be saved where possible. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The preliminary plat, date stamped by the City on December 4, 2013, contains a typical street section showing the streets within the development to be a 29-foot wide roadway Page 3 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub cc[doc section (within 42-feet of right-of-way), with six-feet (6') of the eight-foot (8') wide planter strip located within the right-of-way. Each lane will be 14.5-feet wide (measured centerline of roadway to back of curb). Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': None Cul-de-sac Design: One(1)cul-de-sac is proposed for this site: W. Tueller Court: 540-feet in length, 50-foot radius with a 20-foot wide island. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the 8-foot(8') wide planter strips located outside of the proposed right-of-way on the north side of the interior public roadway(Tueller Court). An attached five-foot (5') wide concrete sidewalk is proposed abutting the site along Locust Grove Road. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior public roadway(Tueller Court). Curb and gutter is shown on the plat along Locust Grove Road; however, no typical street section was provided, so it is unclear what is being proposed for the curb and gutter along Locust Grove Road, which is classified as a collector roadway. 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 shall be provided prior to final plat approval K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) 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 proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern -no Evidence of Erosion -no Fish Habitat-no Floodplain -no Mature Trees -yes—in proximity to existing house Riparian Vegetation-no Page 4 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub cctidoc 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: Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is 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 January 13, 2014, are of special concern Ada County Highway District Boise River Flood Control District#10 Central District Health District Eagle Fire District Eagle Sewer District Idaho Department of Lands Idaho Transportation Department Q. LETTERS FROM THE PUBLIC: None received. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision as a single phase. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 1 unit per 1 acre. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7 (C): Existing Vegetation: 1. Retention of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed Page 5 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccl doc 6 1/4 inches to 12 inches 1.5x caliper of tree removed 12 1/4 inches or more lx caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8") caliper tree is removed, an acceptable replacement would be three(3)4-inch caliper trees or four(4) 3-inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection Cl of this section. • Eagle City Code Section 8-2A-7 (J)(4)(a) a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle Comprehensive Plan: 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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1(G)LOCATION AND DESIGN: Cul-de-sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • Eagle City Code Section 9-3-2-2(A)STREET WIDTHS Street and road right of way widths, grade, alignment, and so forth, shall conform to the Page 6 of 18 K:\Planning Dept\8agle Applications\SUBS\2013\Overton Acres Sub ccf.doc 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 (A)EASEMENTS: Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet(12'). • Eagle City Code Section 9-3-8 (4)PUBLIC SITES AND OPEN SPACES a. Ownership of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners' of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan)that: 1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; 2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; 3) Provides that any changes to the plan be approved by the city council; and 4) Provides for enforcement of the plan. • Eagle City Code Section 9-4-1-2 STREETS AND ALLEYS: All public streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Ada County highway district or the Idaho Transportation Department, whichever the case may be. • Eagle City Code Section 9-4-1-3(A)CURBS AND GUTTERS: Generally: 1. 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. • Eagle City Code Section 9-4-1-6(F)(4) PEDESTRIAN/BICYCLE PATHWAY AND SIDEWALK REGULATIONS: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with Page 7 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccf.doc the standards and specifications of the Ada County highway district. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three(3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. 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. 5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of this section), then the trees on the side of the street with no sidewalk shall be placed within five feet(5') of the edge of roadway. • Eagle City Code Section 9-4-1-8 UNDERGROUND UTILITIES: Underground utilities are required. • Eagle City Code Section 9-4-1-9 WATER SUPPLY AND SEWER SYSTEMS: 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. C. Pressurized Irrigation Facilities 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 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 Page 8 of 18 K:APlanning DeptAEagle Applications\SUBS\2013\Overton Acres Sub ccf.doc 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 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 and undue economic hardship on the developer. For purposes of their section, an undue economic hardship shall consist of 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. 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. 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. • Eagle City Code Section 9-4-1-10 (A) STORM DRAINAGE;FLOOD CONTROLS: Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm water runoff from the public rights of way shall be required in all subdivisions. The Page 9 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccf.doc requirements for each particular subdivision shall be established by the Ada County highway district and/or the Idaho transportation department, and construction shall follow the specifications and procedures established by said Ada County highway district or Idaho transportation department. • 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 Eagle Comprehensive Plan Land Use Map designates the property as "Residential One" with a density not to exceed 1 unit per acre. The overall density of the proposed Overton Acres Subdivision development is .97-units per acre. • There are several discrepancies between the information provided within the preliminary plat application and the preliminary plat itself. In order to avoid confusion, staff recommends identifying site specific conditions of approval even though they may be shown on the preliminary plat. The items in question are identified below: o The application identifies the proposed cul-de-sac with a radius of 45-feet; however the plat shows a radius of 50-feet. Per Eagle City Code 9-3-2-1(G), the applicant should be required to provide a cul-de-sac having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet(40') of pavement should be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. o The application identifies attached sidewalk on the internal roadway; however the plat shows detached sidewalk on the internal roadway (Tueller Court). The applicant should be required to construct detached sidewalk along Tueller Court. Per Eagle City Code 9-4-1-6(F)(4), sidewalks, a minimum five feet (5') wide, should be required on the north side of the street, and should be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8')wide landscape strip. • The applicant proposes one access point from South Locust Grove Road for the development. South Locust Grove Road is designated as an Urban Collector on the Ada County Functional Street Classification Map. The applicant has proposed a 35-foot wide common lot adjacent to Locust Grove Road for the construction of a buffer area, which is consistent with Eagle City Code Section 8-2A-7 (J)(4)(a) that requires the installation of a buffer that is a minimum of 35-foot wide abutting the road right-of-way. The applicant should be required to submit a design review application for the buffer area to be reviewed and approved by the design review board prior to submittal of a final plat application. • Although Eagle City Code does not require subdivisions with an R-1 zoning designation to provide a minimum amount of open space, the proposed development includes 0.31-acres (6.7%) of the site as common area open space. This includes the landscape island within the cul-de-sac, the landscape area located on the south side of the proposed roadway, and the landscape buffer adjacent to South Locust Grove Road. The applicant should be required to submit a design review application for all open space to be reviewed and approved by the design review board prior to submittal of a final plat application. Page 10 of 18 K:APlanning Dept\Eagle Applications\SUBS\2013VOverton Acres Sub ccf.doc • The preliminary plat date stamped by the City on December 4, 2013, shows a five foot (5') wide sidewalk attached to the back of curb adjacent to South Locust Grove Road. Pursuant to Eagle City Code, all sidewalks are required to be separated from the back of curb by an eight foot (8') wide landscape strip. This site has a frontage of approximately three hundred (300) linear feet and is the only section of South Locust Grove Road north of Chinden Boulevard that would have a separated sidewalk. Staff recommends that the applicant be permitted to construct an attached five foot (5') wide sidewalk to be located adjacent to South Locust Grove Road, as proposed. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the preliminary plat with the site specific and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 21, 2014, 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 the application was presented to the Planning and Zoning Commission by one (1) individual voiced concerns related to street drainage retention on site and along Locust Grove, whether sewer will be required to be stubbed to the adjacent property to the west that is currently being served by a septic system, whether headlights shining into adjacent properties had been addressed, whether a berm was going to be required within the 10-foot wide landscape buffer along the south side of the internal roadway, and requested clarification on what type of irrigation system was going to be provided with the development. C. Oral testimony in favor of the application was presented by no one (other than the applicant/representative). COMMISSION DELIBERATION: The Commissioners primarily discussed ACHD's response to this subdivision - wherein they asked for the proposed public street (cul-de-sac) to instead become a private street. The Commissioners discussed that Eagle City Code does not allow a private street in a non-PUD development (such as this one) and the fact that the applicant has not requested a private street. With that, the Commission felt that they could support a private street if it were requested by the applicant. The Commission recognized that the final decision will be made by the City Council on whether or not a private street is allowed. COMMISSION DECISION: The Commission voted 4 to 0 (Smith absent) to recommend approval of PP-14-13 for a preliminary plat for Overton Acres Subdivision with the site specific conditions of approval and standard conditions of approval as provided within their findings of fact and conclusions of law document dated February 3, 2014. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 25, 2014, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the application was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by one (1) individual Page 11 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub cctldoc who voiced concerns related to the proposed open irrigation ditch and requested that pressurized irrigation be required consistent with adjacent properties. COUNCIL DECISION: The Council voted 3 to 0 (McFarland absent) to approve PP-14-13 for a preliminary plat for Overton Acres Subdivision with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for the rezone application RZ-18-06. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all outstanding engineering fees and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. The applicant shall provide a revised preliminary plat identifying the common lot "blocks" within the subdivision in the plat notes. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2-3 [C][1]). 5. The applicant shall be required to provide a cul-de-sac having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement should be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. (ECC 9-3-1-2[G]). 6. The applicant shall be required to construct a five foot (5') wide detached sidewalk along the north side of Tueller Court separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8')wide landscape strip. (ECC 9-4-1-6 [F][4]). 7. Provide a revised preliminary plat showing the roadway section for South Locust Grove Road prior to submittal of a final plat application. 8. Provide a revised preliminary plat showing all utility poles providing service to the existing structures on the site to be removed, prior to submittal of a design review application. All utility service lines serving existing structures shall be placed underground prior to the issuance of any building permits for the site. (ECC 9-4-1-8). 9. Provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer area along South Locust Grove Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat application. 10. The applicant shall submit a design review application and landscape plan showing trees, landscaping, berming, proposed signage, and planting details within the required buffer area along South Locust Grove Road abutting this site and any proposed signage and fencing for review and approval by the Design Review Board prior to the submittal of a final plat application. 11. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) proposed style of fencing. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1). 12. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Page 12 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccl.doc Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb, and within the common lot on the south side of the internal 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. 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. 13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. 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 Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. The applicant shall have an on-site meeting with the City Staff to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Staff's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 14. Construct a minimum five foot (5') wide attached concrete sidewalk along South Locust Grove Road abutting this site. 15. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting this site prior to approval of a final plat application. (ECC 9-4-1-2). 16. Provide a copy of the public access easement granted to ACHD for the sidewalks located outside of the right of way prior to the City Clerk signing the final plat. 17. The applicant shall provide a revised preliminary plat that includes a plat note that states that "Vehicular access to lots along South Locust Grove Road is prohibited unless specifically allowed by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-4-1-2). 18. The Overton Acres Subdivision shall remain under the control of one Homeowners Association. 19. The applicant shall place a note on the final plat that the irrigation system and all common lots are to be owned and maintained by the Overton Acres Homeowner's Association. 20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 21. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's prior to the issuance of any building permits. 22. The applicant shall construct the internal roadway(Tueller Court) as a public road. 23. The applicant's engineer shall work towards providing an enclosed pressurized irrigation system. If that is unfeasible, evidence of that shall be provided to the City Council upon submittal of the final plat. At that point, the City Council may allow an open irrigation system, as allowed per Eagle City Code 9-4-1-9(C). 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, Page 13 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub cctldoc 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. 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. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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 Page 14 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub eel doc 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. 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. 14. 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. 15. 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. 16. 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 Page 15 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub cet doc structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. 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. 18. 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. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 20. 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. 21. 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". 22. 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. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. 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. 25. 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. 26. Basements in homes in the flood plain are prohibited. 27. 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. 28. 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. 29. 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 Page 16 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccf.doc 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. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. A Neighborhood Meeting was held on site at 6:00 PM, September 25, 2013, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on December 4, 2013. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in the Valley Times in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on December 30, 2013. 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 December 26, 2013. Requests for agencies' reviews were transmitted on December 13, 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 3, 2014. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 10, 2014. 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 February 5, 2014. The site was posted in accordance with the Eagle City Page 17 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccf.doc Code on February 14, 2014. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-14- 13) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Title 9 (Subdivisions)because: a. The subdivision will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Residential One, and provides the required improvements for a subdivision or as may be conditioned herein; and b. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the standards of Eagle City Code and the Eagle Architecture and Site Design book(EASD); and c. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Idaho Transportation Department and the Ada County Highway District and is subject to the conditions herein; and d. While there are no known capital improvement, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of the individual lots as conditions of approval; and e. 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; f. 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 approval as set forth within the conditions of approval herein. DATED this 11th day of March, 2014. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaaho James D. Reynold' eynolds,- ay ••' .j OF ''•. • +a` GovtPOR9, ATTEST: : * * Sharon K. Bergmann,Eagle Cit Clerk 4op :;^N;:• O .•`� IV P� Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 18 of 18 K:\Planning Dept\Eagle Applications\SUBS\2013\Overton Acres Sub ccfdoe