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Findings - PZ - 1999 - PP-2-99 - Pp For Colony Ii Subd/50.27 Acre/79 Lot D. E. ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR COLONY n SUBDIVISION FOR CRAIG AND KRISTEN VAN ENGELEN ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-2-99 The above-entitled preliminary plat application came before the Eagle Planing and Zoning Commission for their recommendation on October 18, 1999. 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: Craig and Kristen Van Engelen are requesting preliminary plat approval for Colony II Subdivision, a 50.27-acre, 79 lot residential subdivision located on the south side of Floating Feather Road approximately Y2-mile west of Ballantyne Road. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on August 20, 1999. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 29, 1999. 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 1, 1999. Requests for agencies' reviews were transmitted on August 23, 1999 in accordance with the requirements of the Eagle City Code. HISTORY OF PREVIOUS ACTIONS: None COMPANION APPLICATIONS: A-3-99 & RZ-5-99 Page 1 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony II pzfdoc -~ -- --"'-- , -,-, - -'--- '- ---------- F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Low Density Residential (2- RT (Rural Transition) Agriculture units per acre maximum) Proposed Low Density Residential (2- R-2 (Residential) Residences units per acre maximum) North of site Very Low Density Residential RT (Rural Transition) Floating Feather Road (I-unit per 2-acres maximum) /Residences South of site Low Density Residential (2- R-l (Residential) Residences units per acre maximum) East of site Low Density Residential (2- RT (Rural Transition) Residences units per acre maximum) West of site Very Low Density Residential RT (Rural Transition) Agriculture G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 50.2 Total Number of Lots - 79 Residential - 74 Commercial - 0 Industrial - 0 Common - 5 Total Number of Units - 74 Single-family - 74 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 6.20 Page 2 of14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony 11 pzfdoc --.'-...--- - -'--------._- -..,~-- ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.4 72-acres 2-units per acre maximum (based on an R-2 zoning designation for the property) Minimum Lot Size 17,000-square feet 17,000-square feet Minimum Lot Width 35.69-feet 100-feet (R-1 zone) 75-feet (R-2 zone) Minimum Street Frontage 35.69-feet 35-feet Total Acreage of Common Area 6.9-acres 5.02-acres (minimum) 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. Percent of Site as Common Area 13.7% 10% (minimum) 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. I. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 13.7% of common area. (10% required 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 PUD's or in subdivisions with 50 or more lots. The pathway plan within the Comprehensive Plan designates the Chevron pipeline as a public pathway. The written narrative for this application states that a pathway will be installed along the pipeline, however, the preliminary plat does not indicate a pathway along the pipeline. Other than the separated sidewalks along the interior streets and the sidewalk proposed along the portion of Floating Feather Road abutting this site, no additional pathways are proposed. Two 75-foot wide landscape lots have been provided along Floating Feather Road located on the east and west sides of the northerly entrance. One 2.3-acre common area Page 3 of 14 K:\Planning Dept\Eagle AppJications\SUBS\1999\Colony 11 pzfdoc lot is proposed to be located on the east side of N, Colony Way with a portion of the hillside area to be included within the common area. Storm Drainage and Flood Control: The applicant as required by the Subdivision Ordinance has submitted street drainage plans. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no) - no Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: public Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': none Cul-de-sac Design: Two 180-foot long (approx.) cul-de-sacs with 50-foot radius circular turnarounds are proposed within this development. Sidewalks: The applicant's response on the preliminary plat application states that no sidewalks are proposed, however, the applicant has stated verbally to staff that 5-foot wide separated sidewalks are proposed along the streets throughout the site. Curbs and Gutters: Ribbon curbs and grassy swales which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Page 4 of 14 K:\Planning Dept\EagJe Applications\SUBS\1999\Colony II pzf.doc Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: No pathways are shown on the preliminary plat, however, the applicant states on the application that pedestrian pathways are proposed throughout the common areas. 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 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 - no Riparian Vegetation - no Steep Slopes - a hillside that exceeds 10% is located near the southern portion of the site 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. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letter dated September 3, 1999 are of special concern (see attached). Ada County Highway District Central District Health Drainage District #2 - Ringert Clark Eagle Fire Department Page 5 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony 11 pzf.doc Q. Eagle Sewer District Joint School District No.2 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: . HOUSING The dominant characteristics of the City and the Impact Area are those related to rural transitional and residential use. The balance between those two characteristics is an important goal. POLICIES AND GOALS (#'s 1, 2 and 3) 1. A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouraged for all income groups in a variety of locations suitable for residential development. 2. The location of all housing shall be coordinated with provisions for adequate public facilities and services. 3. Development of housing for all income groups close to employment and shopping centers shall be encouraged. IMPLEMENTATION 4. The City's "Land Use Designation Map" shall reflect opportunity for a diversity of housing types and residential densities in a variety of locations suitable for residential development. Staff Comment - The applicant states that the variety of lot sizes proposed and the lots being smaller than those in the abutting Redwood Creek to the south and the 5-acre lots to the east will provide a diversity of housing as called out for within this section of the Comprehensive Plan, The Plan does encourage housing diversity, however such diversity should occur (and is occurring) in areas that are planned and designed for mixed residential uses that incorporate transition areas between differing land uses and lot sizes. It is not the intent of the Plan to encourage housing diversification without considering existing land use patterns and promoting compatibility between existing and proposed residential developments. . LAND USE CATEGORIES B. POLICIES AND GOALS (#'s 1, 2,3,4, & 20) 1. To preserve the rural transitional identity. 2. To preserve the natural features and resources of Eagle. 3. To establish land use patterns and zoning district's that do not exhaust available services such as sewer, water, police, fire protection, recreational areas, highways and transportation systems. 4. To promote compatibility between zoning districts. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2-4 Minimum Lot width in an R-I zone is IOO-feet; R-2 zone 75-feet Page 6 of 14 K:\Planning Dept\Eagle AppJications\SUBS\1999\Colony II pzfdoc c. D. . Section 9-3-8 (C) Public Sites and Open Spaces Special Development: In the case of planned unit developments and large-scale developments (subdivision with 50 or more lots), the City Council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. SUBDIVISION ORDINANCE PROVISIONS REGARDING THIS PROPOSAL: WHICH OF SPECIAL CONCERN . Section 9-5-3 Hillside Regulations . ECC Section 9-3-8 (B) Natural Features: 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. DISCUSSION: . It is staff s opinion that the development pattern and lot design/layout proposed with this application is not in keeping with the rural transitional identity of Eagle. The development may have been considered more appropriate if the lot sizes were larger around the perimeter of the site with a cluster of smaller lots located near the center of the subdivision. Such a design could have provided a larger verity of lot sizes and could have kept smaller lots further away from the abutting lower density areas to the south and east. The lots located on the western boundary should be increased in size so as to be compatible with two acre lots since the Comprehensive Plan Land Use Map shows this area as Very Low Density Residential (one unit per two acres maximum). The majority of the open space for this site is concentrated in and around the hillside area near the southwest portion of the site. No amenities are shown within this area and it appears that much of this area will be unusable for picnic areas, benches, ball fields, etc. since it is within an area with slopes greater than 10%, Staff recommends that additional open space be provided in areas of the site so that it is accessible and useable by the residents of the subdivision. The pathway plan within the Comprehensive Plan shows a pathway along the Chevron pipeline. The applicant states that a pathway is proposed along this pipeline, however, it is unclear as to the specific location and layout of this pathway since it is not shown on the preliminary plat. Staff recommends that a 10-foot wide pathway (not just an easement) be shown on the preliminary plat. . If the City Council approves a rezone to R-2 for this site, then staff recommends that the applicant submit a planned unit development (PUD) application for a subdivision at this site that incorporates the following design feature changes: a. Provide a more appropriate transition of lot sizes from the existing lots to the south to Lots 18-24, Block 3 within this development; b. Provide a more appropriate transition of lot sizes from the existing lots to the south to Lots 26-30, Block 3, or provide building envelopes on Lots 26-30, Block 3, that Page 7 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Co1ony II pzf.doc guarantee that the houses will be located next to the roadway (as stated in the application) and not within the hillside area so as to keep the houses farther away from the existing lots to the south. By locating the houses away from the hillside, rather than locating them in the hillside (by means of excavation for daylight basements) should provide enough distance from the lots to the south so as to ensure land use compatibility and to preserve the hillside area; c. Provide a more appropriate transition oflot sizes from the existing lots to the east to Lots 15-17, Block 3 within this development; d. Provide more special features (i.e.: parks, ponds, open areas, areas of special interest, and/or other features); e. Provide useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball fields and/or similar amenities shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board; f. Provide a 10-foot wide asphalt pathway along pipeline within this site. . The applicant is not proposing a stub street to the property to the west. To enhance intemeighborhood connectivity between existing and future development, staff recommends that the City support ACHD's requirement to provide a stub street to the property to the west. ST AFF RECOMMENDATION PROVIDED WITIDN THE STAFF REPORT: If the City Council approves an R-2 zone as proposed by the applicant, staff recommends the plat include the site specific conditions and the standard conditions 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 October 18, 1999. Testimony was taken, the public hearing was closed, and the Commission made their recommendation at that time. B. Oral testimony in opposition to the application was presented by four (4) individuals, including a petition signed by approximately 100 individuals, who voiced concerns related to the proposed increase in density for the area, the incompatibility of small lots being placed next to existing larger lots, increased traffic, and school overcrowding. C. Oral testimony in favor of this proposal was presented by one (1) individual (not including the owner/applicant or the representatives) who generally felt that the property owner had a right to develop their property as proposed since farming the property is not as profitable as developing the property . COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of the subdivision with the following staff recommended site specific and standard conditions of approval with text shown with strike-thru to be deleted by the Commission and text shown with underline to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Pnwide a revised pllffi vlith the follev:ing desigR featl::tfe ehaHges: a. Pro':ide a more appropriate transition of lot sizes from the existing lets to the south te Lets 1 g 24, Bloek 3 witffin this àe'lelepment; b. Proyiàe a mere appropriate tnm.sitiÐfl of let sizes frem the I:mistiflg lots to tae SÐ\::lth to Lots 26 Page 8 of 14 K:\P1anning Dept\Eagle Applications\SUBS\1999\Colony 11 pzfdoc 30, Bloek 3, M 13roYide 1:nlildiBg eByele13es on Lets 26 30, Bloek 3, that guanmtee that the hel:lSes will be 10eated BeRt to fhe readway (as stated iB the a1313lieatien) Iffld not '",ithin the hillside area so as te kee13 the Reuses farther av¡ay ITem the eJtÏsting lets te the søut.fl. By leeating t.fle hØl:15eS a'Nay [rem the hillside, rather thaR 10eating them in the hillside (by means ef exeavation for daylight basemeflts) shm:llà previde enel:lgh àistanee frem the lots to the seuth se as te ensure laRà I:lse eoffil9atïbility anti te }'Jreserve the hillsiàe area; o. Proyide a more llfJ13ropriate traRsitien of lot sizes from the eJlisting lots to the east to Lets 15 17, Bloek 3 '",ithin t.fiis àevele13meHt; d. Provide more s13eeial feat1:1res (i.e.: parIes, ponds, e13eH areas, areas of s13eeial interest, anè/er other features); e. Provide usea-ble 13ark amenities sl:leh as, }'Jieflie tables, gazebes, s';;iflg sets, basket ball eourts, ball fields andler similar amenities shall be }'Jrevided '.'lithiB the e13en sfJaee areas. LandsellfJe pllffls snewiRg epeR spaee amenities shall be revievled aRd IlfJproved by t.fie DesigH Re'lÏew Beaft:Þ, f. Provide a 19 feet wide asphalt pa-tw,vay aleng pipeline '."ithin this site. 2. Comply with all site specific recommendations provided within the City's Engineering firm's (Holladay Engineering) letter dated September 3, 1999. 3. The developer shall pro'áde 3 ineh minimum ealiper shade elass (Class 1 or 2) trees (to be revie',ved and approved by the Design Revie'N Beard) along beth side of all streets ""ithin this de'¡ele13ment. Trees shall be 13laeed at eaeh let eOffief ';lith the distaR6e between tfees to be ne mere than &0 feet er loss thafl 35 f.eet. The tfees shall be loeated in a landseftJ3e strip betweeR the sidev;allc aRd the 6urb. To aSSl:H"e the installatiofl ef the tfees and laRds6ftJ3ing reEl1:lired '.vithifl this eeHditien 13roviàe the City with a 60flY ef the suèdivisien's CC&R's (to be re';ie';;ed Iffld llfJ13royed by the DesigH Reyiew Boarè) sflowing reql:lirements for: R. Types ef tfees and hmdseftJ3ing te be installed within the laRdsea13e strip; B. Trees te be installed prior te issManee ef ee6u13aney 13ermits fer the homes; c. .^.n autematie irrigation system to be installed by the hemeewÐ:em prior to issl:lanee of oeel:l-fJaRey permits for tHe hemes; and d. ReEll:lirements fer Hemee'l,'Rer maintenanee of trees, other landseaping, and automatie irrigation system within the lanèseftJ3e strip. 4. Construct a meandering 5-foot wide concrete sidewalk along Floating Feather Road abutting the site. 5. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior to approval of final plat. 6. Provide an ACHD-approved stub street to the property to the west. 7. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This street is to be extended in the future". STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. Page 9 of 14 K:\Planning Dept\Eagle App1ications\SUBS\1999\Colony II pzfdoc 3. 4. 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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.c. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (RC.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. 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. 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 Page 10 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony II pzf.doc 12. 13. 14. 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. 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. 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. 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. 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.. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. b. c. d. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and Page 11 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony II pzrdoc 17. 18. 19. 20. approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 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. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements Page 12 of 14 K:\Planning Dept\Eagle Applications\SUBS\1 999\Colony 11 pzfdoc before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on August 20, 1998. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 29, 1999. 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 1, 1999. Requests for agencies' reviews were transmitted on August 23, 1999 in accordance with the requirements of the Eagle City Code. 3. In accordance with Eagle City Code 9-2-3 (D)(3)(a) the Planning and Zoning Commission makes the following conclusions for the preliminary plat application PP-2-99 Colony II Subdivision, as proposed with the conditions recommended herein: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as highways, streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon the testimony and written comments of the Eagle Sewer District, Eagle Fire District, and the Ada County Highway District, there is adequate public financial capability to support the proposed development; e. 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 final plat approval as set forth within the conditions of approval above. f. The pathway, as depicted on the Comprehensive Plan Pathway Plan, should not be required to be installed within this site unless the southerly extension of the pathway is installed so as to continue through Redwood Creek Subdivision as depicted on the Pathway Plan, Page 13 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony [] pzfdoc DATED this 15th day of November, 1999. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho (;¡1J)Q J\ ~ Donald Brinton, Chainnan ATTEST: ß ~q Ie.. 2il~ Sharoh Moore, Eagle City erk .~,/~...,;. ;::,~,~-:~~ -:,: ":-""'" .:.~' " -, '. " ... ¡.r "..'-'0 ',..';., , " . ,:' " ;, .' " .. ,', , " ;'" .. ~.:. "\ <' \~:- ' ".,,~', .. , . , , " .. '..~ " '. ", ':: " .' ,,/ ,/ Page 14 of 14 K:\Planning Dept\Eagle Applications\SUBS\1999\Colony 11 pzrdoc