Loading...
Findings - PZ - 2002 - PP-13-01 - Pp Approval For Countryside West Subd/18.68 Acre/21-Lot/2800 W. State St. D. E. ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY PLAT FOR COUNTRYSIDE WEST SUBDIVISION FOR CAPITAL DEVELOPMENT ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-13-01 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on January 14, 2002, at which time the public hearing was closed. The Commission continued the item to January 28, 2002, proceeded to continue the item to February 4, 2002 and made their recommendation at that time. 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: Capital Development, represented by Steve Arnold with Briggs Engineering Inc., is requesting preliminary plat approval for Countryside West Subdivision. The 18.68-acre, 21-lot (18-buildable, 3-common) residential subdivision is located north of State Highway 44, approximately V:z mile west of Ballanytne Road at 2800 West State Street. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on November 15, 2001. 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 December 29, 2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 21, 2001. Requests for agencies' reviews were transmitted on November 16, 2001, in accordance with the requirements of the Eagle City Code. HISTORY OF RELEVANT PREVIOUS ACTIONS: (None) COMPANION APPLICATIONS: A-7-01 & RZ-12-0l [Annexation and rezone from RUT (Rural Urban Transitional) to R-l (Residential one dwelling unit per acre) and rezone from A-R (Agricultural Residential) to R-l (Residential one dwelling unit per acre)] Page 1 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001 \Countryside West pzf.doc - - - --------- --------- - ----- F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One (up to one- RUT (Residential- Ada Residences/Pasture unit per acre max.) County Designation) & A- R (Agricultural- Residential) Proposed No Change R-l (Residential) Residential Subdivision North of site Residential One (up to one- R-l (Residential) Redwood Creek unit per acre max.) Subdivision South of site Residential One (up to one- RUT (Residential - Ada Residential/Agriculture unit per acre maximum) & County Designation) & Rl Residential Two (up to 2- (Residential - Ada County units per acre max.) Designation) & A-R (Agricultural- Residen tial) East of site Residential One (up to one- RUT (Residential - Ada Residences/Pasture unit per acre max.) County Designation) & A- R (Agricultural- Residential) West of site Residential One (up to one- A-R (Agricultural- Residence/Pasture unit per acre max.) Residential) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 18.68 Total Number of Lots - 21 Residential - 18 Commercial - 0 Industrial - 0 Common - 3 Total Number of Units - Single-family - 18 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.96-units per acre I-unit per acre maximum Minimum Lot Size 37,026-square feet 37,000 square feet Minimum Lot Width 140-feet (approx.) 1O0-feet Minimum Street Frontage 47-feet (approx.) 35-feet Total Acreage of Common Area 0.66-acres O-acres Percent of Site as Common Area 3.5% 0% I. GENERAL SITE DESIGN PEA TURES: Greenbelt Areas and Landscape Screening: 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: Will provide a total of 3.5% common area within the interior of the subdivision. 0% common area is required for this zoning district. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R' s are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System: Individual septic systems are not permitted in the R-l zoning district per ECC Section 8-2- 1. Preservation of Existing Natural Features: There are numerous existing trees located on this site. 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 Page 3 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. 1. STREET DESIGN: Private or Public Streets: Public The applicant is proposing to construct the majority of the internal roadways as 31-foot street sections with concrete ribbon shoulders and abutting borrow ditches (sodded with no greater than a 4 to 1 slope) within 50-feet of right-of-way. The eastern extension of Andrea Street is proposed to be constructed as a 31-foot street section with concrete ribbon shoulders and abutting borrow ditches (sodded with no greater than a 4 to 1 slope) within 40-feet of right-of-way. Stub streets are proposed to both the eastern and western boundaries of the property for future extension upon development of the abutting properties. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: One cul-de-sac (Andrea Street) is proposed to be constructed approximately 250-feet in length and located within a turnaround with a radius of 45-feet. Eagle City Code Section 9-3-2-1 (G) requires a minimum turning radius of 50-feet Curbs, Gutters and Sidewalks: The applicant has not proposed any sidewalks within the subdivision. The Ada County Highway District has preliminarily required that curb, gutter and sidewalk be constructed abutting both sides of the internal roadways. Eagle City Code 9-4-1-6 A requires the construction of a sidewalk on one side of the street where the average lot frontage is one hundred feet (100') or more. Because the average lot frontage is greater than one hundred feet, the applicant would need to only construct a sidewalk on one side of the street within this subdivision. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Names Committee 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: Page 4 of 18 K:\Planning Dept\Eagle Applications\SUB S\200 1 \Countryside West pzf.doc Pedestrian walkways have not been proposed within the subdivision. The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 delineates the location of a pathway abutting this parcel and adjacent to State Highway 44. 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 - no Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife - various species of birds were observed on site O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A complete environmental plan is 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 January 2, 2002, are of special concern (see attached). Ada County Highway District Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Joint School District No. 02 United Water Q. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: Page 5 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001\Countryside West pzf.doc A. COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 9.5 Pathways and Greenbelts Pathways are non-motorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. 9.5.1 Goal To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 Objectives a. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. b. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. B. ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . Section 8-2A-7 (J)(4)(c) 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 the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common 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 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: c. Any road designated as a principal arterial on the APA 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 Page 6 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001 \Countryside West pzf.doc 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'). Chain link, 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 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) C. SUBDIVISION ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: D. DISCUSSION: . ECC Section 9-3-1: MINIMUM STANDARDS REQUIRED: All plats submitted pursuant to the provisions of this Title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this Chapter; provided, however, that any higher standards adopted by any highway district, the Idaho Transportation Department or health agency shall prevail over those set forth herein. . ECC Section 9-3-2-1 (G) CUL-DE-SAC STREETS, states in part: Cul-de-sac streets shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way. . ECC Section 9-4-1-3 (A) (2) CURBS AND GUTTERS: Rolled curbs and gutters shall be required on minor streets. . ECC Section 9-4-1-6 (A) Sidewalks 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. The applicant has proposed to construct the eastern section of Andrea Street as a 31-foot street section within 40-feet of right-of-way. The Ada County Highway District is requiring that the right-of-way is to be a minimum of 42-feet with only a 29-foot wide street section to be constructed. Because the ACHD requires only the 29-foot street section in this situation, the requirement for 50-feet of right-of-way may be considered unnecessary since the . Page 7 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc improvements can be accommodated in the shorter width. This portion of Andrea Street would terminate in a cul-de-sac and would not need to be extended further since a stub street is to be provided to the east boundary line via West Sky Wood Street. In addition, the cul-de- sac length is only 250-feet long (approximately) and will serve only four dwelling units. Considering the aforementioned conditions, staff would recommend approval of this particular design element. However, the applicant is proposing only a forty five-foot turning radius for the cul-de-sac; Eagle City Code requires a fifty-foot radius. The applicant should revise the plat to delineate a minimum of fifty-feet for the turning radius of the cul-de-sac. . The applicant has not proposed the construction of any curbs, gutter, sidewalks or pathways within the subdivision. Eagle City Code Section 9-4-1-3 (A) (2) requires the construction of curbs and gutters on minor streets and further, Eagle City Code Section 9-4-1-6 (A) requires the construction of a sidewalk on only one side of the street where the average street frontage of the lots is one hundred feet (100') or more, which would apply in this situation. The applicant should provide a plan delineating the construction of curb and gutter and as-foot wide concrete sidewalk on at least one side of all internal roadways, prior to the City approving a final plat. It should be noted that if the Ada County Highway District requires the construction of sidewalks on both sides of the streets, then the stricter requirement will apply. . The southeast corner of this parcel contains an existing house and is proposed to be incorporated as a part of this subdivision (shown as Lot 6, Block 3). The dwelling unit will not take access from the development but rather via an existing driveway onto State Highway 44. A safety concern arises since the driveway, if moved the maximum distance possible, would only be approximately 380-feet from the proposed entrance into the subdivision. This situation, in conjunction with the ITD suggested requirement of the construction of a deceleration lane, may pose as a conflict point to vehicles entering the deceleration lane to turn into the subdivision with any vehicle attempting to exit the single-family dwelling unit's driveway. On the converse, since the single-family dwelling unit would have a projected traffic volume of ten vehicle trips per day, the potential conflict percentage may be considered low. Because access to State Highway 44 is under the jurisdiction of ITD, the applicant should provide documentation from ITD approving of the single-family dwelling driveway access onto State Highway 44. Otherwise, the developer should revise the preliminary plat to provide access to Lot 6, Block 3 from the interior streets of the subdivision. . Eagle City Code requires that all buffer areas be located either within a common lot or within an easement to be owned and maintained by the homeowner's association, and stated as such on the plat. In previous action and to clarify the issue of whether the common lot or an easement is more appropriate, the Council determined that in zoning districts exceeding R -1, the buffer is to be within a common lot. In zoning districts of R-l, R-E, A-R and A, buffer areas may be placed within an easement. In this instance the applicant has shown the buffer abutting State Highway 44 within a sixty-foot (60') wide common lot, presumably with the intent to place the remaining fifteen-feet (15') within an easement (this has not been shown on the plat). Staff recommends the buffer area abutting State Highway 44 to be placed partly within a common lot and easement (as suggested by the applicant) to be owned and maintained by the homeowner's association, and stated as such on the plat. The letter from ITD dated December 5,2001 states that the applicant should donate fifteen feet (15') of right- of-way in addition to the existing right-of-way of State Highway 44. Eagle City Code states that a required buffer area (75-feet in this case) must not include right-of-way as part of the measurement for the fulfillment of the buffer area. Because the right-of-way may not be dedicated until a future date, the easement line should be delineated on the plat at ninety-feet Page 8 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc (90') from the current right-of-way line in order that the buffer area will not be compromised and its effectiveness reduced upon widening of the roadway. The applicant has not delineated the buffer area in front of the existing dwelling located in the southeast corner of the development (Lot 6, Block 3). The dwelling unit is located approximately 40-feet from State Highway 44 and is proposed to maintain a driveway access on to the highway. The requirement for the 75-foot wide buffer would essentially extend the easement line through the rear of the house, placing essentially the entire house within the buffer. This may interfere with the full function of the residence as well as the buffer area itself. Because the dwelling is proposed to be a part of the subdivision, it must adhere to all rules and requirements of the subdivision, including buffer requirements. While it may be physically impossible to extend the buffer through the house, this does not relieve the applicant of providing the required buffer area. Eagle City Code permits the applicant to apply for an alternate method of compliance for landscaping when certain conditions exist that prohibit City ordinances from being fully complied with. Therefore, prior to the City accepting a final plat application, the applicant should submit an alternate method of compliance application for Lot 6, Block 3, to the Design Review Board for review and approval of the buffer area abutting State Highway 44. The applicant should provide a landscape plan showing berming, fencing, and planting details within the required 75-foot wide buffer area along State Highway 44 abutting this site for review and approval by the Design Review Board prior to City approval of a final plat. . The Idaho Transportation Department's letter December 5, 2001 states that the applicant should construct a westbound deceleration lane and an eastbound left turn lane at the proposed access from the subdivision onto State Highway 44. In order to provide safe and effective vehicle travel, the applicant should provide a plan to the ITD for review and approval showing a design which incorporates a deceleration lane and a left turn lane on State Highway 44 at the entrance to this subdivision. The applicant shall provide a letter of acceptance of the plans prior to the City Engineer signing the final plat. . The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows a pathway traveling along the north side of State Highway 44 abutting this parcel. In most applications, both the Ada County Highway District and the City of Eagle would require the construction of a five-foot wide concrete sidewalk along the roadway abutting the site. Since the pathway is designated to be in approximately the same location where a sidewalk would be constructed, the pathway may be considered more viable than the sidewalk for the eventual city-wide pathway network and should be constructed in its stead. While no plans have yet been formalized, consideration should be given to the possibility of State Highway 44 being widened at some point in the future. If the roadway were to be widened then any pathway previously constructed would most likely need to be removed. In order to avoid this situation, the pathway should be located in an easement within the required buffer area abutting State highway 44. The City Council has previously required that regional pathways (as in this case) should have easements at least fifteen feet (15') in width and include a paved asphalt walk at least ten-feet (10') in width. The applicant should provide a plan delineating a 10-foot wide asphalt pathway through a IS-foot wide easement within the required 75-foot wide buffer area adjacent to State Highway 44. . The City Council has previously required that residential subdivisions in zoning districts that Page 9 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc include and exceed one dwelling unit per acre to provide street trees in a five-foot wide (5') parkway strip, located along the roadway and between the back of curb and a five-foot wide concrete sidewalk. Chapter 8 of the 2000 Comprehensive Plan encourages the installation of street trees in a planter strip adjacent to all streets to provide a canopy effect over the roadways. The applicant should provide a landscape plan for review and approval by the Design Review Board showing the installation of street trees abutting either side of the interior roadways, prior to City approval of a final plat. The trees shall be placed between the back of curb and sidewalk upon each common side lot line. If the Council approves a sidewalk for one side of the street only, then the trees on the side of the street with no sidewalk shall be placed within five feet of the roadway upon each common side lot line. . The applicant has not provided a pressurized irrigation plan as required by Eagle City Code. The preliminary plat indicates that a connection may be made to the Countryside Estates Subdivision irrigation system to the east of this site. Since a parcel under separate ownership separates the two sites and because each subdivision must be able to stand alone (apart from any other development), the two irrigation systems cannot be connected. The applicant should provide a plan delineating the pressurized irrigation system which services (and is serviced by) Countryside West Subdivision only, prior to City approval of the final plat. 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 January 14, 2002, at which time testimony was taken and the public hearing was closed. The Commission continued this matter until January 28, 2002, proceeded to continue the item to February 4, 2002 and made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by two (2) individuals with concerns regarding the tiling of the irrigation ditch traveling southerly from the north side of State Highway 44 and to ensure the water usage remains unencumbered, the need to widen State Highway 44 to manage increasing travel demands and the need to provide safe and adequate access to properties along State Highway 44. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant). D. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one (1) individual with concerns regarding the tiling of the irrigation ditch traveling southerly from the north side of State Highway 44 and to ensure the water usage remains unencumbered. COMMISSION DECISION: The Commission voted 3 to 0 (Fran den abstained, Nordstrom absent) to recommend approval of PP-13-0l for a preliminary plat for Countryside West Subdivision for Capital Development with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with underline to be added by the Commission. Page 10 of 18 K:\Planning Dept\Eagle AppIications\SUB S\200 1 \Countryside West pzf.doc SITE SPECIFIC CONDITIONS OF APPRO V AL: 1. Comply with all requirements within the City Engineer's letter dated January 2,2002. 2. Comply with all requirements of the Ada County Highway District, specifically (but not limited to) roadway design and construction of curb, gutter and sidewalks. If the requirements from the City of Eagle conflict with those of the District, the stricter of the two requirements shall apply. 3. Provide a letter from the Idaho Transportation Department approving of the driveway access of Lot 6, Block 3 (single family dwelling unit located in southeast corner of parcel) onto State Highway 44, prior to the City Engineer signing the final plat. If ITD does not approve the driveway, the applicant shall provide a revised plat which provides access to Lot 6, Block 3 from the interior streets of the subdivision. 4. In lieu of constructing a 5-foot wide concrete sidewalk, construct a minimum lO-foot wide asphalt pathway within the common lot abutting State Highway 44 as depicted on the City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network Map #1. The applicant shall delineate on the plat a IS-foot (15') wide easement within the common lot providing for public use of the pathway. The pathway shall be maintained by the Countryside West Subdivision Homeowner's Association and stated as such within the CC&R's. 5. Provide a letter from the Idaho Transportation Department approving of the design for a deceleration lane and left turn lane on State Highway 44, (as required within the ITD letter dated December 5, 2001) prior to the City Engineer signing the final plat. 6. Dedicate fifteen-feet of right-of-way to the Idaho Transportation Department as required in the ITD letter dated December 5, 2001. Provide a letter from ITD stating the dedication has been completed, prior to the City Engineer signing the final plat. 7. Provide a revised preliminary plat that changes the lot easement width abutting any public road (as stated in Note #10) to a minimum of 12-feet wide. 8. Provide a revised preliminary plat that changes the side and rear lot easement widths (as stated in Note # 11) to a minimum of 6- feet wide on either side of the lot line. 9. Revise the preliminary plat for the radius of the Andrea Street cul-de-sac to measure a minimum of 50- feet. 10. Construct curb, gutter and a minimum 5-foot wide concrete sidewalk on at least one side of each internal street. If the Ada County Highway District requires a sidewalk on both sides of the roadway then the stricter requirement shall apply. 11. 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 sides of all streets within this development. Trees shall be placed at the front of each lot generally located on each side lot line. The trees shall be located in a landscape strip between the sidewalk and the curb. If the Council approves a sidewalk for one side of the street only, then the trees on the side of the street with no sidewalk shall be placed within five feet of the roadway. 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. Trees shall be installed prior to obtaining any occupancy Page 11 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001\Countryside West pzf.doc permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 12. Provide a copy of the subdivision CC&R's showing the installation and maintenance requirements for the proposed street trees. The CC&R's shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 13. The applicant shall apply for annexation to the Eagle Sewer District within one year of the approval of the preliminary plat. No extensions of time for this approval will be accepted. No final plat approval shall be considered until annexation into the Sewer District has occurred. 14. 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". 15. Provide a revised preliminary plat which delineates a 75-foot wide buffer area (easement line to be delineated 90-feet from the existing right-of-way line) abutting State Highway 44 and adjacent to the southern boundary of the development. If approved by the City Council, all or a portion of the buffer area may be located in an easement (as determined by Council), with the remainder of the buffer located within a common lot. Place a note on the final plat stating the common lot and/or easement shall be maintained in perpetuity by the subdivision's homeowner's association. Provide a recorded copy of the subdivision's CC&R's stating the common lot and/or easement shall be maintained in perpetuity by the homeowner's association, prior to the City Clerk signing the final plat. 16. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 75-foot wide buffer area (easement line to be delineated 90-feet from the existing right-of- way line) along State Highway 44 abutting this site for review and approval by the Design Review Board prior to City approval of a final plat. The applicant shall submit an application for an alternate method of compliance to the Design Review Board for review and approval in order to construct a buffer area in front of the existing dwelling unit on Lot 6, Block 3, prior to the City approving a final plat. 17. Extend the landscaping within the buffer area along State Highway 44 to within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ITD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 18. Provide a license agreement from ITD approving the landscaping located within the public right-of- way of State Highway 44 abutting the site, prior to the City Clerk signing the final plat. 19. The applicant shall submit a plan to the City Engineer for review and approval delineating a stand- alone pressurized irrigation system to serve all lots within the Countryside West Subdivision prior to City approval of the final plat. The letter from Briggs Engineering date stamped by the Citv on January 30, 2002. is incorporated herein to clarify the method to be used to provide a pressurized irrigation system for the subdivision. 20. The developer shall post trash notice signs at each entry to the subdivision within the subdivision with the phone number of person in charge so neighbors can call that person with their concerns. NOTE: For clarification on sign specifics this condition should read: The applicant shall install a minimum of one (4) 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. Page 12 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc STANDARD CONDITIONS OF APPROV AL: 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. 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 Page 13 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc 11. 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. 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 fIfst 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. 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. 13. 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. 14. 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 fIfe 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 fIfe 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 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. The proposed fIfe 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 by the Page 14 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001\Countryside West pzf.doc 16. 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 by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. 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. 18. 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. 19. 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. 20. 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 [mal 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 Page 15 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc 27. 28. 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 use of the subject property. 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 [mal 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. 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. 31. 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 November 15,2001. 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 December 29,2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 21,2001. Requests for agencies' reviews were transmitted on November 16, 2001, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-13-01) 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: Page 16 of 18 K:\Planning Dept\Eagle AppIications\SUBS\2001\Countryside West pzf.doc a. The requested preliminary plat complies with the density of the approved zoning designation ofR-l (Residential); and 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 and provides the required improvements for a subdivision; and 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, since the proposed residential use is designed to provide densities and lot sizes similar in character with previously approved subdivision in the immediate vicinity; and d. Will not create excessive additional requirements at public cost for facilities and services as the site is required to be annexed into the Eagle Sewer District and served by a central sewer system prior to approval of a final plat and will use public water to be served by the water company having jurisdiction in that area. Fire protection will be available from the Eagle Fire District and fIfe hydrants will be provided where required; and 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 for internal streets and is required by the Idaho Transportation Department to construct road improvements on State Highway 44 to provide safe and adequate access to the site, and is subject to the conditions herein; and f. This development is in continuity with the capital improvement program since the required public improvements are required as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; and g. That based upon agency verification and additional written comments of the Eagle Fire Department and the Ada County Highway District, or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of final plat approval as set forth within the conditions of approval above. Page 17 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc DATED this 19th day of February 2002. ~./ ,.' "11111'-., ~; Or ~4~ ~~~~ ..,f>":;':. 0.( '~'"~ ¡" CJ"f' .:,~. $~c> 'Ç'> ':. ,f" ",\' on 1 -,' ,. ..'i' C c- , ,. \ " #..<:.., .;$>.... ¡ *; «,",JO'- J*: iii' ,,"~ '{'","~, "\ " v, 11: I " " 'I ' ~ ~\ ,L", .þ~ , ~::-~:" ~... ""' h -¡; ~ , ,V",',"":,":""',"" "",',',,:'f.>"tJ-fi£J ,... .'." ""',,"-',_:\~'~.r "$'" .~ ::","" ,.,:;.l"""'-""~', ....--.., ' . "", ,,~, '5:" 'b" " "-': X;,Y 0-."1 "'.,;~ ":~;> .. ¡¡, ""41;- ,,*(.:.:..\-:;~ ATTEST: Page 18 of 18 K:\Planning Dept\Eagle Applications\SUBS\2001\Countryside West pzf.doc