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Findings - PZ - 2000 - PP-10-00 - Arbor Ridge Subd/52.3 Acre/149 Lot ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR ARBOR RIDGE FOR A RESIDENTIAL SUBDIVISION FOR STACIA PATTERSON ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-I0-00 The above titled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on October 16, 2000. 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: Stacia Patterson, represented by Mark Butler with Land Consultants Inc., is requesting a preliminary plat approval for Arbor Ridge Subdivision. The 52.3- acre, 149-lot (142-buildable) residential subdivision is located west of State Highway 55 generally north of Hill Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on July 6,2000. 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 August 11,2000. 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 August 11,2000. Requests for agencies' reviews were transmitted on July 18, 2000 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 10, 1991, the Eagle City Council approved a conditional use permit to operate a gravel extraction facility on this parcel. E. COMPANION APPLICATIONS: None Page 1 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Three (3- R-3 (Residential) Gravel Operation/ units per acre max.) Agricultural (Pasture) Proposed No Change No Change Residential Subdivision North of site Residential R-4 (Residential), Rl & Agricul turalIResi den ti al ThreeIResidential Four RT (Ada County Subdivision (3-units/4-units per Residential) acre max.) South of site Residential Three (3- R-l & R-3 (Residential) Gravel Operation! units per acre max.) Residences East of site Business Park BP (Business Park) State Highway 55/ Gravel Operations West of site Residential Three (3- RT, R-1, R-3, PS (Rural Residential Subdivision/ units per acre Transition, Residential, Agricultural/ Future max.)/Public/Semi- Public/Semi-Public) City Park Public G. DESIGN REVIEW OVERLAY DISTRICT: Not in the CEDA, DDA or TDA H. SITE DATA: Total Acreage of Site - 52.3-acres Total Number of Lots - 149 Residential - 143 Commercial - 0 Industrial - 0 Common - 6 Total Number of Units - Single-family - 142 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 18 \\EAGLENT1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc ----- - -- - ------ ----- ---- --------------- ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.71-units 3-units maximum Minimum Lot Size 1O,000-square feet lO,OOO-square feet Minimum Lot Width 75-feet 75-feet Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 6.17 -acres (not including 5.23-acres landscape strip and separated sidewalk along roadways) Percent of Site as Common Area 11.08% 10% I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: A master landscape design plan (including open space areas) has not been submitted to date. Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape buffer area between principal arterials/freeways and new residential developments. Berming, fencing and landscaping details are required for Design Review Board review and approval prior to City approval of a final plat. Open Space: Eagle City Code, Section 9-3-8 D requires a minimum of 10% of open space for subdivision located in an R-3 zone. 11.08% is proposed. Storm Drainage and Flood Control: The applicant will be required to install a drainage system to accommodate the storm water runoff from the public right-of-way. Said plans shall be reviewed and approved by the Ada County Highway District. The applicant as required by the Subdivision Ordinance shall submit 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 shall 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. These clauses shall require lots to be graded so that all storm water runoff travels either over the curb, or to the Page 3 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc 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 should be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site, which should be preserved. If during excavation or development of the site, historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The applicant proposes to construct 33-foot wide interior public streets (as measured from back of curb to back of curb) within 50-feet of right-of-way. The proposed Arbor Ridge Way as it extends northerly from the southern boundary line is to be constructed as a 51-foot wide public street (back to back) with a nine- foot wide landscape island traversing along the centerline. Applicant's Justification for Private Streets (if proposed): None proposed. Arbor Ridge Way (extending southerly from the southern property line to Hill Road) is proposed to be a public street (dedicated public right-of-way in this location is required). Blocks Less Than 500': None Proposed Cul-de-sac Design: Two cul-de-sacs are proposed. Curbs, gutters and sidewalks: The applicant proposes to construct 4-foot wide detached, meandering sidewalks (separated from the curb with a 8-foot wide planter strip) with curb and gutter abutting the interior roadways. 5-foot wide meandering sidewalks within 8-foot wide planter strips are proposed along both sides of Arbor Ridge Parkway Page 4 of 18 \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc extending from the subdivision's southern property line to Sadie Drive. The section of Arbor Ridge Parkway between the southern portion of this site and Hill Road is proposed to be improved with a 5-foot wide detached, meandering sidewalk within a 15-18- foot wide park strip along one side of the street. Lighting: Eagle City Code, Section 9-4-1-5, states that all subdividers shall be required to install streetlights. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: A letter from the Ada County Street Name Committee approving all proposed names should be submitted prior to the City Clerk signing the final plat. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: In addition to the comments as stated above, the developer is proposing to build two separate pedestrian walkways within the subdivision consisting of approximately 380-linear feet. 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 - yes, unstable soils Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - no Riparian Vegetation - no Steep Slopes - yes Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown O. SUMMAR Y OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF Page 5 of 18 \\EAGLENTl\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc ---- ------ --- - ---- - --- -- - REQ UlRED): Because of the uncertain and questionable stability of the soils to be placed within the soon to be filled gravel pit, the developer should be required to submit an environmental assessment prepared by an interdisciplinary team of professionals. See the City Engineer's letter of August 9,2000 and October 4,2000. 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 letters dated August 9, 2000 and October 4,2000 are of special concern (see attached). Ada County Highway District Central District Health Di vision of Environmental Quality Drainage District #2 - Ringert Clark Eagle Fire Department Eagle Sewer District Meridian Joint School District No. 02: Seven Oaks Elementary is at capacity, Eagle Middle is at capacity, Eagle High is above capacity. Q. LETTERS FROM THE PUBLIC: Traffic Study by Dobie Engineering, Inc., dated July 17, 2000 Letter date stamped by City of Eagle on August 28, 2000, from Warren and Anne Marie Wardlow. Letter from Ann M. Pardew-Peck and C. Bryant Peck, dated October 13,2000 Letter from William W. Pardew and Helen S. Pardew, dated October 16,2000 STAFF'S ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 9 - Parks Recreation and Open Space 9.6 - Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife. 9.6.2 - Objectives Page 6 of 18 \\EAGLENT1\COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes and areas of geological instability. 9.6.4 - Implementation Strategies g. Create an ordinance that requires developers to dedicate and establish open space/parks in new developments. Chapter 11 - Special Areas and Sites 11.4 - Implementation and Strategies i. The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a Special Area or Site. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 8-2A-7 (J)(4)(c) Any road designated as a principal arterial on the AP A Functional Street Classification Map and/or any freeway or expressway: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, panelized vinyl fence, decorative block wall or 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 panelized vinyl fence, decorative block wall, or 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 at the top of the berm shall be provided for the placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. The ten foot (10') minimum height requirement for the berming/fencing shall Page 7 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc be permitted to be decreased one foot for every thirteen feet (13') of additional buffer area added to the seventy five foot (75') wide buffer noted above. (Ord. 328,8-11-1998) . Section 8-2-4 requires that lot sizes for R-3 zoning shall be a minimum of 10,000- square feet in area. . Section 8-2-4 (I) requires that the minimum lot frontage adjacent to a public street shall be 35-feet. c. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Section 9-3-6 (A) Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). . Section 9-3-8 (D) requires that the minimum percentage of gross area set aside for open space in an R-3 zone shall be lO-percent (10%). . Section 9-5-3-2 (A) All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, architectural and landscape design are applied in hillside areas, including but not limited to: 1. Planning on development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site; 2. Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum; 6. Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses; . Section 9-5-3-2 (B) Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that: 1. Their limitations can be overcome; 2. That hazard to life or property will not exist; Page 8 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc 3. That the safety, use or stability of a public way or drainage channel is not jeopardized; and 4. That the natural environment is not subjected to undue impact. . Section 9-5-3-3 The developer shall retain a professional engineer(s) to obtain the following information: A. Soils Report: For any proposed hillside development a soils engineering report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. B. Geology Report: For any proposed hillside development a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial remedies. The investigation and subsequent report shall be completed by a professional geologist registered in the State of Idaho. C. Hydrology Report: For any proposed hillside development a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. . Section 9-3-6 (A) The developer shall submit a slope stabilization and re-vegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife. (Note: The City Engineer has addressed the majority of these issues in his letters of August 9, 2000 and October 4,2000.) Page 9 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\20oo\Arbor Ridge pzf.doc D. DISCUSSION: . . This site is located within the R-3 zoning district which allows residential densities up to 3-units per acre. The applicant is proposing 2.73 units per acre. . The applicant is proposing to reclaim a currently operational gravel pit, thereby raising the issue with the stability of existing and imported soils at the site. Due to this extensive undertaking, it is important that full stabilization is accomplished and that it be confirmed with documentation of the site before the fill begins as well as during the fill process. It is also crucial that the type and origin of the fill to be placed is identified and is acceptable as structural fill. The monitoring of this process by the City Engineer should be required. . The applicant is proposing to use an existing approach and roadway to provide access from Hill Road to the southern boundary of the parcel. This roadway does not appear to be a public right-of-way and should not be approved as a private road as ECC Section 9-3-2-5 (A) (6) prohibits the connection of two public roads with a private road. Therefore, the applicant should dedicate this roadway as a public right-of-way. . The applicant is proposing a 5-foot wide landscape strip between the sidewalks and roadways within this development. One of the purposes of this landscape strip (specific to this development) is to take water runoff from the roadway and hold the water for a period of time until it percolates into the ground. If approved by ACHD, this method of handling storm water runoff from the roadways may be an acceptable alternative to the conventional seepage beds typically located under the roadway surface. Since street trees are proposed to be located in this drainage area, staff recommends that this grassy area be widened to 8-feet wide to minimize the negative impacts any standing water may have on the trees. Staff will provide detailed discussion regarding this proposed development during the oral presentation at the Planning and Zoning Commission and City Council meetings. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval with the site specific conditions of approval and the 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 October 16, 2000, at which time testimony was taken and the public hearing was closed. The Commission continued the application to the November 6, 2000, meeting. The Commission received a letter and a revised subdivision plan, dated October 31, 2000, from the applicant Page 10 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc addressing concerns raised at the October 16, 2000, meeting. This letter and revised plan are incorporated into these findings by reference. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by five (5) individuals with concerns regarding the location of stub streets, increased traffic on adjoining subdivisions created by this development, reclamation of gravel pit site, elevation of the site and how two story houses may block the view of surrounding properties. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). COMMISSION DECISION: The Commission voted 3 to 0 (Bloom absent) (Deckers abstained) to recommend approval of PP-1O-00 for a Preliminary Plat for Arbor Ridge Subdivision (plan date stamped by the City on October 31,2000) with the following site specific conditions of approval and standard conditions of approval with text shown with strike-thru to be deleted by the Commission and underline text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements within the City Engineer's letter dated August 9, 2000 and October 4, 2000. 2. Provide a revised preliminary plat that delineates the proposed alignment of Arbor Ridge Way extending from the parcel's southern boundary to Hill Road as a public right-of-way. This portion of the roadway shall not be delineated or accepted as a private road. 3. Provide a revised preliminary plat (or verification) that clearly shows the cul-de-sacs having a minimum 50-foot radius of right-of-way. 4. Provide a revised preliminary plat that delineates all building lots having a minimum of 35- feet of street frontage. 5. Provide a revised preliminary plat that changes the width of the easement on the plat to 12- feet. 6. All street sidewalks shall be separated from the curb a minimum of 8-feet to allow landscape strips and trees to be planted between the sidewalks and the street. 7. Submit plans to the City for review and approval by the City Engineer for a pressurized irrigation system in accordance with ECC Section 9-4-1-9 C, prior to City approval of a final plat. 8. Provide a revised preliminary plat showing the required 75-foot buffer along the entire eastern portion of the site abutting State Highway 55, either as a common lot or as an Page 11 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc -" --- ---~------~---~------" easement. 9. Provide a revised preliminary plat that achieves a minimum of lO-percent usable open space. The parkway strip located between the roadway and detached sidewalk will not be included as part of the calculated open space. 10. Provide a revised preliminary plat that delineates all lots to be a minimum of 1O,000-square feet in area. 11. Useable amenities such as skateboard parks, picnic tables, gazebos, swing sets, basketball courts, ball fields and/or similar amenities shall be provided within the open space areas. Submit plans detailing viable amenities to be reviewed and approved by the Design Review Board prior to the City processing the final plat. 12. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both side of all streets within this development. Trees shall be placed at each lot corner with the distance between trees to be no more than 80-feet or less than 35-feet. The trees shall be located in a landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the required trees, landscaping, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements within the 5-foot wide landscape strip. 13. 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". 14. Subdivision signage, common area, street trees, pathways, buffer areas, perimeter fencing, etc. shall be reviewed and approved by the Design Review Board prior to City approval of final plat. 15. Provide a 5-foot wide concrete meandering sidewalk along both sides the east side of the entry roadway for this site, labeled Arbor Ridge Way on the preliminary plat. The 5-foot wide sidewalk shall meander within a l5-l8-foot wide landscape strip and shall extend from Hill Road to the intersection of Arbor Ridge Way and Honeysuckle Drive. 16. The applicant shall provide one stub street to the north property line of this site and one stub street to the west property line of this site. Specific stub streets locations shall be determined by the City of Eagle, ACHD, and the applicant. 17. Install a minimum 6-foot high fence along the north portion of this site (extending from the western boundary of Echohawk Subdivision to the northwest corner of this site) and along the western portion of this site (extending from Sadie Drive to the northwest corner of the subdivision). Fencing details (ie materials, elevations) shall be reviewed and approved by the Design Review Board prior to Citv approval of a final plat. 18. The Evan's Subdivision water blowout at the east end of Sadie Drive shall either be moved to the outside of the roadway and be within the landscape area or a manhole for access shall be Page 12 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc 8. provided. 19. The applicant shall construct a center turn lane on Hill Road prior to the City approving the final plat for phase two. A maximum of 22-lots may be approved as part of the final plat for phase one (unless the center turn has previously been constructed on Hill Road). 20. The developer shall work closely with the residences in Evans Subdivision in an attempt to provide pedestrian pathways and bike lanes within that subdi vision. 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. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.C.39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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. Page 13 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\20oo\Arbor Ridge pzf.doc 12. See Eagle City Code Section 9-4-l-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 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. Page 14 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc 14. 15. 16. 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. 12. 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. 13. 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 (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. 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. 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. 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. 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. Page 15 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc 23. 24. 25. 27. 17. 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. 18. 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. 19. 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". 20. 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. 21. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 22. 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. 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. Basements in homes in the flood plain are prohibited. 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. 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 Page 16 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc ------------------------- --- 29. 30. 31. 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. 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. 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. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on July 6, 2000. 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 August 11, 2000. 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 August 11, 2000. Requests for agencies' reviews were transmitted on July 18, 2000 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-lO-OO, Arbor Ridge 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 Page 17 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc - --.. ---------- -~----- Code Title 9, as shown within the findings provided within this document and since 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 agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and the Ada County Highway District, or as conditioned herein, 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 and Council'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. DATED this 4th day of December, 2000. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ATTEST: hQ{~, -~~ -'" Shar6n Moore, Eagle City lerk ~~ "aUI~Ut'f#f. -.,'Ø OF b ::"A ...." "{ l:;,4 ^'~~.. .,'" ~, \. s",CGO.t'g, \ '-,I- ,'-:., ~('~..o "().f1'\.""~' "'i,' 'We'> ,0" ,,\"~;. --'" ~,c.?"',('~"" :: .' c ~~ <I. ;-;, ,,~ ,,' 'I' <;., ~ \' .. :.; ..A",:': ~.'", «:> '""~ ",' ~'~ ~: H4¡. :' ;'; ~ 'tr ('r" ,. "" :; \ ,'~ .< ..' -'7' ~:\~:~'~/;'~i':' :~:?,'J' """J",.:;:;-;:~:~'~.~;.>- Page 18 of 18 \\EAGLENT 1 \COMMON\Planning Dept\Eagle Applications\SUBS\2000\Arbor Ridge pzf.doc ---- ---- -~--"------------,----