Findings - PZ - 2015 - PP-09-15 - Crestpoint Place Subdivision/52-Lot/7.74 Acre/103 S. Edgewood LaneBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION
FOR A PRELIMINARY PLAT FOR
CRESTPOINT PLACE SUBDIVISION
FOR NORTHSIDE MANAGEMENT
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP -09 -15
The above - entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on November 2, 2015, 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:
Northside Management, represented by Scott Noriyuki, is requesting a preliminary plat approval
for Crestpoint Place Subdivision, a 52 -lot (43- buildable and 9- common) residential subdivision.
The 7.74 -acre site is located on the west side of S. Edgewood Lane approximately 1,290 -feet north
of E. State Street at 103 S. Edgewood Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on -site at 6:00 PM, Wednesday, April 29, 2015, in compliance
with the application submittal requirement of Eagle City Code. The applications for this item was
received by the City of Eagle on June 29, 2015. The applicant submitted a revised preliminary plat
on September 14, 2015.
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 October 5, 20I5. 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 October 5, 2015. Requests for agencies'
reviews were transmitted on June 30, 2015, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on October 21, 2015.
D. HISTORY OF PREVIOUS ACTIONS:
The parcel in question was originally included as part of the Downtown Eagle PIan and was
proposed to be changed from Residential Three (up to three units per acre) to Downtown. In
2011, the Eagle City Council removed the property from the Downtown Plan stating it should be
developed as residential to provide a buffer to the existing residential uses to the south and the
proposed Hill Road Extension along the northern boundary of the site.
On July 28, 2015, the City Council approved a Comprehensive Plan Map amendment from
Residential Three to Mixed Use and a rezone from A (Agricultural) to MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) for JLG -5, LLLP (CPA- 03- 15 /RZ- 03 -15)
E. COMPANION APPLICATIONS: CPA- 03- 15/RZ -03 -15
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
* Note — The City Council previously approved a rezone (RZ- 03 -15) from A (Agricultural) to
MU -DA (Mixed Use with a development agreement [in lieu of a PUD]). The applicant will be
required to execute the development agreement prior to the City approving an ordinance to rezone
the property.
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 7.71 -acres
Total Number of Lots — 52
Residential — 43
Commercial — 0
Industrial — 0
Common — 9
Total Number of Units — 43
Single - family — 43
Duplex — 0
Multi - family — 0
Total Acreage of Any Out - Parcels — 0
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COMP PLAN
ZONING
LAND USE
DESIGNATION
DESIGNATION
Existing
Mixed Use
A (Agricultural)*
Single - Family Residence
and Agriculture
Proposed
No Change
No Change
Single- Family Residential
Subdivision
North of site
Downtown
A (Agricultural)
Single - family Residence
and Agriculture
South of site
Residential Four
R -4 (Residential)
Single - Family Residential
(Empire Estates
Subdivision)
East of site
Residential Four
R -4 (Residential)
Single - Family Residential
(Edgewood Estates and
Patterson Subdivisions)
West of site
Public /Semi- Public
PS (Public /Semipublic)
School (Eagle Academy)
* Note — The City Council previously approved a rezone (RZ- 03 -15) from A (Agricultural) to
MU -DA (Mixed Use with a development agreement [in lieu of a PUD]). The applicant will be
required to execute the development agreement prior to the City approving an ordinance to rezone
the property.
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
H. SITE DATA:
Total Acreage of Site — 7.71 -acres
Total Number of Lots — 52
Residential — 43
Commercial — 0
Industrial — 0
Common — 9
Total Number of Units — 43
Single - family — 43
Duplex — 0
Multi - family — 0
Total Acreage of Any Out - Parcels — 0
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ADDITIONAL SITE DATA
PROPOSED
REQUIRED
Dwelling Units Per Gross Acre
5.58 - dwelling units per acre
5.6- dwelling units per acre
(limited pursuant to the
development agreement)
Minimum Lot Size
2,436 - square feet
5,000- square feet
Minimum Lot Width
28 -feet
50 -feet
Minimum Street Frontage
28 -feet
35 -feet
Total Acreage of Common Area
2.12 -acres
1.54 -acres
Percent of Site as Common Area
27.5%
20%
Except that, according to ECC
Section 9- 3 -8(C) the City may
require additional public
and /or private park or open
space facilities in PUDs or in
subdivisions with 50 or more
lots.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing landscaped buffers located adjacent to the northern property line
located adjacent to East Hill Road and the east property line located adjacent to North Edgewood
Land which are classified as collectors. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a
thirty-five foot (35') wide buffer area with a minimum five to eight foot (5' to 8') high berm,
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within these buffer area.
Open Space:
A total of 2.12 -acres of open space is proposed within the residential subdivision. The common
areas are proposed to contain the required buffer areas adjacent to the collectors, an open space lot
(Lot 11, Block 2), three (3) common driveways, and a lot (Lot 1, Block 3) located adjacent to West
Avatecasa Way. The open space lot is proposed to contain pathways and a gazebo.
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, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of a
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planned unit development (PUD). The property is approved for a MU -DA (Mixed Use with a
development agreement) zoning designation and the applicant requested the development
agreement in lieu of a PUD pursuant to Eagle City Code.
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) — Yes
The existing home is currently served by a septic system and will be permitted to remain on the
septic system pursuant to the development agreement. The applicant is required to provide a stub -
out for public water and sewer service to the existing home prior to the City Clerk signing the final
plat.
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. The site has mature trees located in proximity to the existing residence. The developer
is not proposing to remove the existing trees.
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.
STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on September 14, 2015, shows two (2) street
sections associated with the interior streets of the proposed development. The street sections show
a 24 -foot right -of -way (and paved alley) and a 35 -foot typical right -of -way street section.
The 24 -foot right -of -way and alley section is inclusive of a 24 -foot wide travelway with two 12-
foot wide travel lanes with a four foot (4') wide valley gutter located in the center of the alley. This
street section will be utilized for the rear loaded units located on Block 2 and Block 3.
The 35 -foot wide right -of -way street section will be utilized for the remaining interior streets. The
right -of -way is inclusive of a 33 -foot wide travelway (measured from back of curb to back of
curb). The right-of-way is also inclusive of a one -foot (1') portion planter strip located on each
side of the street. The street section also shows six -foot (6') wide planter strips and a five -foot
wide detached sidewalk located on each side of the street.
Blocks Less Than 500': None
Cul -de -sac Design: None proposed
Sidewalks:
The interior streets are proposed to have five -foot (5') wide detached sidewalks located on each
side of the street.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for the
interior streets.
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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 names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under "Open Space" and "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 — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees —yes — located in proximity to the existing residence.
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 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 September 29, 2015, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health
Eagle Fire Department
Idaho Department of Lands
Idaho Transportation Department
Republic Services
Sawtooth Law (on behalf of Drainage District No.2)
Settler's Irrigation District
Tesoro Logistics NW Pipeline
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Q. LETTERS FROM THE PUBLIC: None received to date
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
A Comprehensive Plan Map Amendment (CPA- 03 -15) was approved for the site. The
Comprehensive Plan Map was amended from Residential Three to Mixed Use.
Mixed Use
Suitable primarily for a variety of uses such as limited office, limited commercial, and
residential developments. Uses should complement uses within Downtown Eagle.
Development within this land use designation should be required to proceed through the PUD
and /or Development Agreement process, see specific planning area text for a complete
description. An allowable density of up to 20 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code, Section 8 -2 -1: Districts Established:
MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited
office, limited commercial, and residential. This district is intended to ensure compatibility of
new development with existing and future development. It is also intended to ensure
assemblage of properties in a unified plan with coordinated and harmonious development
which shall promote outstanding design without unsightly and unsafe strip commercial
development. Uses should complement the uses allowed within the CBD zoning district. All
development requiring a conditional use permit in the MU zoning district, as shown in section
8 -2 -3 of this chapter, shall occur under the PUD and /or development agreement process in
accordance with chapter 6 or 10 of this title unless the proposed development does not meet
the area requirements as set forth in section 8 -6 -5 -1 of this title. In that case a cooperative
development, in conjunction with adjacent parcels (to meet the minimum area requirements),
shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed
use is shown as a permitted use in the MU zoning district within section 8 -2 -3 of this chapter.
Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a
property is being proposed for rezone to the MU zoning district, a development agreement
may be utilized in lieu of the PUD and /or conditional use process if approved by the city
council, provided the development agreement includes conditions of development that are
required during the PUD and conditional use process.
a Eagle City Code, Section 8- 2A -7(J): Buffer Areas /Common Lots:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi - family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space
owned and maintained by a homeowners' association. Any landscaping proposed to be
within the public right of way shall not be included as a part of the buffer area required
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below. The height for berming/fencing, as noted below, shall be measured from the
elevation of the final grade of the adjacent roadway (measured at the centerline) to the top
of the proposed berming/fencing. The required buffer area width, plantings, and fencing
are as follows:
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 (l') 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 -5: Lots:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height
and area regulations as set forth in section 8 -2 -4 of this code, except that Iot sizes that vary
from the standards within section 8 -2-4 of this code may be considered as part of the
planned unit development.
• 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. Total easement width shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as part of
the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12% except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code, Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
F. Sidewalk Design:
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.
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D.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
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 inch (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. The area within
the eight foot (8') wide landscape strip may be counted toward the minimum required
common area open space.
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.
DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
3.8 Owner shall submit a design review application showing the required fifty foot (50') thirty-
five foot (35') wide buffer area located within a common lot adjacent to East Hill Road and
the required thirty -five (35') wide buffer area located within a common lot adjacent to North
Edgewood Lane. The design review application shall be reviewed and approved by the
Design Review Board prior to submittal of a final plat application.
3.9 The required setbacks shall be as follows (Exhibit E):
SB -1
Front 15 -feet Living/30 -feet Garage
Rear 15 -feet
Side 3 -feet (Up to two- stories)
Street Side 10 -feet
Maximum Lot Coverage: 60%
SB -2
Front 15 -feet
Rear 10 -feet
Side 3 -feet (Up to two- stories)
Street Side 0 -feet
Maximum Lot Coverage: 75%
SB -3
Front 5 -feet
Rear 10 -feet
Side 3 -feet (Up to two- stories)
Street Side 0 -feet
Maximum Lot Coverage: 75%
SB -4
Front 5 -feet (Access from Private Drive)
Rear 15 -feet
Side 3 -feet (Up to two- stories)
Maximum Lot Coverage: 60%
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SB -5 Front 30 -feet
Rear 15 -feet
Side 15 -Feet (Additional 5-feet/story)
Street Side 15 -feet
Maximum lot coverage: 35%
3.11 Owner shall comply with Eagle City Code, Title 9, Land Subdivisions, regarding the type of
streets providing access to the future lots located within the development.
E. DISCUSSION:
Plat note 43 of the preliminary plat, date stamped by the City on September 14, 2015, states,
"Pressure irrigation will be provided to each lot. This project has water rights from the New
Dry Creek Ditch Company." The plat note does not address who is responsible for the
operation and maintenance of the pressurized irrigation system. The applicant should provide a
revised preliminary plat with plat note #3 revised to read, "The pressurized irrigation system
shall be maintained and operated by the Crestpoint Place Subdivision Homeowners
Association." The revised preliminary plat should be provided prior to submittal of a final plat
application.
Plat note #5 of the preliminary plat, date stamped by the City on September 14, 2015,
identifies the lot and block numbers of the common lots providing access to the residential lots
which do not have frontage to the public streets. Although the plat note indicates the lots have
a permanent public utility and drainage easement it does not identify who is responsible for the
operation and maintenance of the common lots and driveways. The applicant should be
required to provide a revised preliminary plat with an additional sentence added to plat note #5
to read, "The common lots with driveways are to be owned and maintained by the lot owners
gaining access from the respective lots." The revised preliminary plat should be provided prior
to submittal of final plat application.
Plat note #8 of the preliminary plat, date stamped by the City on September 14, 2015, states
that, "Minimum building setback lines shall be in accordance with Eagle City Zoning
Ordinance at the time of issuance of a building permit or as specifically approved by the
conditions of development for the City of Eagle RZ Instrument No._ _,
Records of Ada County, Idaho and subsequent modification(s) prior to submittal of a final plat
application. If the development agreement is subsequently modified the modification will be
issued a new instrument number at the time of recordation. The applicant should be required
to provide a revised preliminary plat with plat note #8 revised to read, "Minimum building
setbacks shall be in accordance with City of Eagle applicable zoning and subdivision
regulations or as specifically approved with the development agreement associated with RZ-
03-15 or any subsequent modifications." The revised preliminary plat should be provided prior
to submittal of a final plat application.
Plat note #11 of the preliminary plat, date stamped by the City on September 14, 2015, states
that, "Unless otherwise designated or dimensioned there shall be a permanent easement for
public utilities, irrigation, and lot drainage over the twelve (12) feet adjacent to rear lot lines,
except for Lots 12 through 19, BIock 2 and Lots 2 -9, Block 3. The alley lots shall have a 2
foot wide permanent easement for public utilities, irrigation, and lot drainage adjacent to rear
lot lines as shown in Detail 2. The applicant was granted a 0 -foot rear setback within the
development agreement for these Iots, therefore, if homes were constructed at the lot line they
would encroach into the two foot (2') wide easement. The applicant should be required to
provide a revised preliminary plat with plat note #11 revised to read, "Unless otherwise
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designated or dimensioned there shall be a permanent easement for public utilities, irrigation,
and lot drainage over the twelve (12) feet adjacent to rear lot lines, except for Lots 12 through
19, Block 2 and Lots 2 -9, Block 3 which shall not have a rear easement." The revised
preliminary plat should be provided prior to submittal of a final plat application.
• Detail #1 (typical right -of -way street section) of the preliminary plat, date stamped by the City
on September 14, 2015, shows the sidewalks separated from the sidewalk by six -foot (6') wide
planter strips. Pursuant to Eagle City Code Section 9- 4- 1- 6(F)(3), sidewalks are to be
separated from the edge of an abutting roadway by a minimum of an eight -foot (8') wide
planter strip located on each side of the street. The applicant should be required to provide a
revised preliminary plat showing the planter strips to be eight -feet (8') in width. If the planter
strip is approved at six -feet (6') in width tree root barriers should be required for all street trees
located within the planter strip. The revised preliminary plat should be provided prior to
submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 14, 2015, shows an attached
sidewalk located within the buildable lot adjacent to the southern property lines of Lot 12,
Block 2, and Lot 9, Block 3. As previously mentioned, sidewalks are to be separated from the
edge of an abutting roadway by a minimum of an eight -foot (8') wide planter strip located on
each side of the street. The applicant previously received approval of a development
agreement (RZ- 03 -15) which allows for reduced setbacks within the project. The approved
side setbacks for Blocks 2 and 3 allows for a three -foot (3') wide setback for up to two -story
structures. This would allow the structure to be either constructed over the sidewalk or
adjacent to the edge of the sidewalk. The preliminary plat shows the lots located at the
northern portion of this tier with a detached sidewalk located within a common lot. The
applicant should provide a revised preliminary plat showing a detached sidewalk located
within common lots located between the southern property lines of Lot 12, Block 2, and Lot 9,
Block 3, and South Silverwood Way so as to the possibility of the structure being constructed
to the edge of the sidewalk. The revised preliminary plat should be provided prior to submittal
of a final plat application.
• The preliminary plat, date stamped by the City on September 14, 2015, delineates a drainage
ditch located within a common lot (Lot 11, Block 2) adjacent to the western property line. The
preliminary plat identifies the drainage ditch is located within a Drainage District No. 2 50-
foot wide easement. The drainage ditch and associated easement should be placed within a
separate common lot to avoid conflicts between the homeowner's association and Drainage
District No. 2 in regard to cleaning of the District's facilities or other encroachments from
residents residing within the subdivision. The applicant should provide a revised preliminary
plat showing the drainage ditch, located adjacent to the western property line, and associated
Drainage Ditch No. 2 50 -foot wide easement contained within a separate common lot prior to
submittal of a final plat application.
• The preliminary plat, date stamped by the City on September 14, 2015, shows a 20 -foot wide
buffer located adjacent to South Edgewood Lane. The applicant submitted a narrative, date
stamped by the City on June 29, 2015, which states (in part) that they are requesting a
reduction of the required 35 -foot wide street buffer area along South Edgewood Lane be
reduced to 20 -feet in width. The applicant also indicated that they are committed to installing
the same amount of plantings within the proposed 20 -foot wide buffer area as required
pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(a) within the 35 -foot wide buffer area.
Pursuant to the approval of RZ -03 -15 the applicant requested a MU -DA (Mixed Use with a
development agreement [in lieu of a PUD]) zoning designation. As part of the rezone approval
a condition of development was placed in the development agreement requiring the applicant
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to submit a design review application showing the required 35 -foot wide buffer area located
within a common lot adjacent to North Edgewood Lane. Based on the approval of RZ -03 -15
the applicant should provide a revised preliminary plat showing a 35 -foot wide buffer area
located within a common lot adjacent to South Edgewood Lane prior to submittal of a final
plat application.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval preliminary plat with 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
November 2, 2015, 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 Planning and Zoning Commission by
no one.
C. Oral testimony in favor of the application was presented to Planning and Zoning Commission by no
one (other than the applicant/representative).
D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and
Zoning Commission by one (1) individual who requested the size of the proposed homes and requested
to view the building elevations. The individual also indicated a concern regarding the proposed density
of the development.
COMMISSION DELIBERATION:
Upon closing the public hearing, the Commission discussed during deliberation that:
• The proposed subdivision is in conformance with the development agreement associated with the site.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of PP -09 -15 for a preliminary plat for Crestpoint
Place Subdivision for Northside Management with the following staff recommended site specific
conditions of approval and standard conditions of approval with underline text to be added by the
Commission and strikethrough text to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
. Comply with all conditions within the development agreement for rezone application RZ- 03 -15.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
4. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located in an 8-€eet 6 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. The street trees shall be planted with root barriers installed pursuant to Ea le
City Code Section 8- 2A- 7(E)(3) and 9- 4- 1- 6(D)(5), to protect the sidewalks. 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
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temporary occupancy may be issued if weather does not permit landscaping.
5. 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 the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
6. Provide a revised preliminary plat with plat note #3 revised to read, "The pressurized irrigation system
shall be maintained and operated by the Crestpoint Place Subdivision Homeowners Association." The
revised preliminary plat shall be provided prior to submittal of a final plat application.
7. Provide a revised preliminary plat with an additional sentence added to plat note #5 to read, "The
common lots with driveways are to be owned and maintained by the lot owners gaining access from
the respective lots." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
8. Provide a revised preliminary plat with plat note #8 revised to read, "Minimum building setbacks shall
be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically
approved with the development agreement associated with RZ -03 -15 or any subsequent
modifications." The revised preliminary plat shall be provided prior to submittal of a final plat
application. (ECC 8 -24)
9. Provide a revised preliminary plat with plat note #11 revised to read, "Unless otherwise designated or
dimensioned there shall be a permanent easement for public utilities, irrigation, and lot drainage over
the twelve (12) feet adjacent to rear lot lines, except for Lots 12 through 19, Block 2 and Lots 2 -9,
Block 3 which shall not have a rear easement." The revised preliminary plat shall be provided prior to
submittal of a final plat application.
10. Provide a revised preliminary plat showing the planter strips to be eight -feet (8') in width. If the
planter strip is approved at six -feet (6') in width tree root barriers shall be required for all street trees
Iocated within the planter strip. The revised preliminary plat shall be provided prior to submittal of a
final plat application. (ECC 9- 4- 1- 6[F][3])
11. Provide a revised preliminary plat showing a detached sidewalk located within common lots located
between the southern property lines of Lot 12, Block 2, and Lot 9, Block 3, and South Silverwood
Way. The revised preliminary plat shall be provided prior to submittal of a final plat application.
(ECC 9- 4- 1- 6[F][31)
12. Provide a revised preliminary plat showing the drainage ditch, located adjacent to the western property
line, and associated Drainage Ditch No. 2 50 -foot wide easement contained within a separate common
lot prior to submittal of a final plat application.
13. Provide a revised preliminary plat showing a 35 -foot wide buffer area located within a common lot
adjacent to South Edgewood Lane prior to submittal of a final plat application.
14. The Crestpoint Place Subdivision shall remain under the control of one Homeowners Association.
15. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
16. The applicant shall provide CC &Rs that the Homeowner's Association shall have the duty to maintain
the pressurized 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.
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NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
I . The applicant shall comply with ail requirements of the Ada County Highway District and /or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (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 Ietter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9- 20 -8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9- 4- 1 -9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC &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.
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11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. 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.
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KAPIsontog DepAEsgie App afions'SU95 NISI "point Sub pHdoc
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
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 Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer 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.
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K.NPlanneng DcplTlagle ApplialionsWIM015Tresipoini Sub pddoe
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9 -6 -5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
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. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP- 09 -15) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed
Use with a development agreement).
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b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City
Code since the development is consistent with the Comprehensive Plan Land Use Map designation
of Mixed Use and provides the required improvements for a subdivision or as may be conditioned
herein;
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 requirements of the proposed development agreement modification, standards
of Eagle City Code and the Eagle Architecture and Site Design book (EASD);
d. Will not create excessive additional requirements at public cost for facilities and services as the
site will be served with central sewer from the Eagle Sewer District and will use public water to be
served from United Water of Idaho. Fire protection will be available from the Eagle Fire
Department and fire hydrants will be provided where required;
e. Will have vehicular approaches to the property designed to not create an interference with traffic
on surrounding public thoroughfares since the project is required to be reviewed and approved by
the Ada County Highway District and is subject to the conditions herein;
f. While there is no capital improvement program, the developer is required to install public
improvements as conditioned herein, or are expected to be installed with the development of
individual lots as conditions of approval;
g. That based upon agency verification and additional written comments provided, or as conditioned
herein, there is adequate public financial capability to support the proposed development;
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 the preliminary
plat and subsequent final plat approval as set forth within the conditions of approval herein.
DATED this 16th day of November, 2015
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
--- r i . n
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City lerk '•.
% ��•
, P
s O F:
•v dW I *'
�'•• Of 1 At x.
Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a
regulatory taking analysis
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