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Findings - CC - 2015 - PP-09-15 - Crestpoint Place Subd/52 Lot/7.74 Acre Site/103 S Edgewood Ln.BEFORE THE EAGLE CITY COUNCIL 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 City Council for their action on December 15, 2015, 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: 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. Notice of Public Hearing on this 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 November 30, 2015. 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 November 25, 2015. The site was posted in accordance with the Eagle City Code on December 4, 2015. D. HISTORY OF PREVIOUS ACTIONS: The parcel in question was originally included as part of the Downtown Eagle Plan 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. Page 1 of 18 K\PlanningDeplT -I eApp$ icaiiom' SUBSQ015 `.Ctestpo.stPlaceSabccfih, 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 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 Total Number of Units — 43 Common — 9 Single - family — 43 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 18 K Tlamung UepflEagle ApplkAdOmLSUBS1201S OWPOW Place Sub cddm 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 Total Number of Units — 43 Common — 9 Single - family — 43 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 2 of 18 K Tlamung UepflEagle ApplkAdOmLSUBS1201S OWPOW Place Sub cddm 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 I.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 areas. 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 Iot (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 &Rs 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 Iesser easement widths, to coincide with respective setbacks, may be considered as part of a Page 3 of 18 K /planning D pd@agle ApplicationASUBS\2015\Crestpmnt Place sub ccf doc 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 CIerk 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 BIock 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 (l') 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. Page 4 of 1$ K-Tlanning AepITAgle Appl'icationASURSU01 Mmstpo nt Puce Sub ccf.dac 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 PEDESTRIAN/BICYCLE 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 concem (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 Page 5of18 K:IPlanning Deptl£agle Applicatiorm SUBWOI $Trestpaing Place Sub ccf doc 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. 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 Page 6 of 18 K Tiam -S Depn\Eagle Applicatioml5UBS ,2015%Crestpoiat Plaee Sub cef doc 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 (I00) 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/omamental 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. 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. 8 Eagle City Code, Section 94-1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 1. Sidewalks, a minimum five feet (T) 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. Page 7 of 18 K Tianoiog Dep[ Eagle ApplicauomlSUBS12r i lACrest[�-.nt P!s_e Sun ccf d,z I" 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with 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 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 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% Page 8 of 18 K Sunning DepikEagle Applieations%SUBS12015%CmFtpoim place Sub ccf.dot SB -5 Front 30 -feet Rear 15 -feet Side 15 -feet (Additional 5- feettstory) 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. F. DISCUSSION: Plat note #3 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 a 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 lots; therefore, if homes were constructed at the Iot 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 Page 9of18 K 1Plammng DepAEagle Appliealion"UBSUal S\Cresipo at Place Sub ccrdoc 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 #E1 (typicaI right -of -way street section) of the preliminary plat, date stamped by the City on September I4, 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 Iocated 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 Iots 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 Iines of Lot 12, Block 2, and Lot 9, Block 3, and South Silverwaod Way so as to prevent 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 Iine. 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 Page 10 of l8 K SPlanning DepiTAS]e AppliadcaskSU M2oISTrempoim Place Sub ccfdoc 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 of the preliminary plat with the site specific conditions of approval and standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on November 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 to 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 the opportunity to view the residential 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 site specific conditions of approval and standard conditions of approval as provided within their findings of fact and conclusions of law document, dated November 16, 2015. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on December 15, 2015, 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 (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve PP -09 -15 for a preliminary plat for Crestpoint Place Subdivision for Northside Management, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with strike through text to be deleted by the Council: Page I I of 18 K Tionning PepITAgla ApplicationslSUBS \29151Cnstpoint Place Sub cddoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. 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 Iot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in a 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 Eagle 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 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. 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 Iot 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. (9') iR Width. if the planter- stFip is appfflved at six feet (6') in width tFee Met baFr-ieFs shall be FequiFed f6F all stFeet tfees FiRfil plft4 appheatie>}. 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. Page I2 of 18 K Tlsnning DeplWagle ApplicalionASURMN15Trempmnl place Sub tef.da: 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. PFevide a revised pmliminaii3, pla! shewiRg a 35 feet wide buffif afea leeated within a eemmen le 144 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. 164 The applicant shall provide CC &Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and maintain all common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 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: 1. The applicant shall comply with all requirements of the Ada County Highway District and /or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 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. 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 letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9- 20 -8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 94- 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. Page 13 of 18 K Winning DerMagte Apt cauoni5SLMSM ISkCmopoint Place Sub ccf doc 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 CIerk, 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, 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, Iandscaping, fencing, lighting, and /or pathways shall not be Iocated 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 Iight 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. Page 14 of 18 K Vlanning Uepl'Eagle AppbcaoonsWBSU0l5Trastp6m Place Sub ccrdoc 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 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. Page 15 of 18 K Tlanning deNEagte AppticatiomlSUBS1261$\Cresipoim Place Sub ccfdoc 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 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. Page 16 of 18 K Tlanning DepIT —sale ApplicatiomlSUBSUOI S1Cteslpotnt Piave Sub cddoc 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 Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -09- 1 S) 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). 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; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and 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 served with central water from Eagle Water Company. 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 Council'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. Page 17 of 18 K 1Plwung Depffagle AppliutionSWUSti20 SSCresipoim Place Sub cef doc DATED this 121h day of January, 2016 CITY COUNCIL OF THE CITY OF EAGLE Ada County, Id --___ 10. Idaho Jaynes D. Reynolds, . ayor ATTEST: Sharon Bergmann, Eagle City Clerk U: O y..4 ., �..s Tq, I , E `pF • •. 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 DepIT ogle ApplicelionsW135%2r 15%C estpoint Place sub ccf doc