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Findings - PZ - 2002 - PP-12-01 - Pp Approval For Lockwood Subd/23.46 Acre/28-Lot/1156 Ballantyne Road. ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION) FOR A PRELIMINARY PLAT FOR ) LOCKWOOD SUBDIVISION FOR ) RADA PROPERTIES LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-12-01 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on January 14, 2002, at which time public testimony was taken and the public hearing was closed. The Commission continued the item to January 28, 2002, and made their decision at that time. The 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: RADA Properties, LLC, represented by Land Consultants, Inc., is requesting a preliminary plat approval for Lockwood Subdivision. The 23.46-acre, 28-lot (22- buildable, 6-common) residential subdivision is generally located on the southeast comer of Ballantyne Road and Floating Feather Road at 1156 Ballantyne Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on November 13, 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 15, 2001, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (None) E. COMPANION APPLICATIONS: RZ-13-01 «Rezone from A (Agricultural) to R-l (Residential-one unit per acre maximum» Page 1 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001 \Lockwood Sub. pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Residential One (up to one A (Agricultural) Residence/Pasture unit per acre maximum) Proposed No Change R-l (Residential) Residential Subdivision North of site Residential Estates (up to R-E (Residential-Estates) Residences/ Oakley Estates one units per two acres & RUT (Residential- Ada Subdivision maximum) County designation) South of site Residential One (up to one A-R (Agricultural- Baker's Acres Subdivision unit per acre maximum) Residential) East of site Residential One (up to one A (Agricultural) Residence/Pasture unit per acre maximum) West of site Residential One (up to one RUT (Residential - Ada Residence/ Pasture & unit per acre maximum) & County designation) Daycare facility & ACHD Publici Semi-public drainage pond G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 23.46 Total Number of Lots - 28 Residential - 22 Commercial - 0 Industrial - 0 Common - 6 Total Number of Units - Single-family - 22 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 19 K:\Planning Dept\Eagle Applications\SUBS\200 1 \Lockwood Sub. pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .94-units per acre I-unit per acre maximum Minimum Lot Size 37,013 square-feet 37,000 square-feet Minimum Lot Width 130-feet (approx.) 100-feet Minimum Street Frontage 36-feet 35-feet Total Acreage of Common Area 1. 12-acres O-acres (minimum) Percent of Site as Common Area 4.8% 0% (minimum) I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 8-2A-7 (J)(4)(a) requires a minimum 35-foot wide landscape buffer area between urban or rural collectors 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 A five-foot wide asphalt pathway is proposed that would abut one side of the roadways within the sight, which would serve as part of the eventual city wide greenbelt system. Open Space: Will provide a total of 4.8% 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 (yes or no) - not allowed 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 Page 3 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc J. enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. STREET DESIGN: Private or Public Streets: Private The applicant is proposing to construct two private roadways with to serve the twenty-two (22) single-family residential lots. The roadways are proposed to be paved as 28-foot street sections with concrete ribbons and abutting borrow ditches within a 52-foot wide common lot, and terminate in cul-de-sac type turnarounds. Applicant's Justification for Private Streets (if proposed): See applicant's justification letter date stamped by the City on November 13, 2001. Blocks Less Than 500': None Cul-de-sac Design: The applicant is proposing two cul-de-sacs which terminate in a turnaround within a radius of fifty-feet at the end of each private road. One cul-de-sac measures approximately 250-feet in length while the other measures approximately 1 ,350-feet in length. Each cul- de-sac proposes to have a common lot in the center for landscaping purposes. Curbs, Gutters and Sidewalks: Curbs, gutters and sidewalks have not been proposed within the subdivision. Borrow ditches abutting the internal private streets are proposed in-lieu of curbs and gutters to accommodate storm water runoff. Substantial irrigation canals along Ballantyne Road and Floating Feather Road abutting this parcel would require the placement of sidewalks to be located on the subdivision property within an easement rather than within the public right- of-way. Lighting: Lighting for the proposed subdivision is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City approving 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: The 2000 Eagle City Comprehensive Plan's Transportation/Pathway Network Map #1 of 2 shows a pathway traveling along the canal that abuts the eastern boundary of this site. Due to the steep slope of the canal and the possibility of the pathway having to make Page 4 of 19 K:\Planning Dept\Eagle Applications\SUBS\200 1 \Lockwood Sub. pzf.doc multiple crossings over the irrigation ditches on the property, the applicant has proposed to construct the pathway within the subdivision to function as a sidewalk as well. 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 - unknown 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 December 27, 2001, are of special concern (see attached). Ada County Highway District Central District Health Department of Environmental Quality Drainage District #2 Eagle Fire Department Eagle Sewer District Farmer's Union Ditch Co. Ltd. Joint School District No.2 United Water Q. LETTERS FROM THE PUBLIC: None received to date. Page 5 of 19 K:\Planning Dept\Eagle Applications\SUB S\200 1 \Lockwood Sub. pzf.doc R. GENERAL STANDARDS FOR APPROVAL OF PRIVATE STREETS: Section 9-3-2-5 (A) General Standards: Private streets may be permitted if the Council determines that the private street is in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development; 2. The private street provides safe and effective movement of both vehicular and pedestrian traffic; 3. The private street provides adequate access for service and emergency vehicles; 4. The private street does not adversely affect access or good transportation planning to adjacent property and to the area travel networks; 5. The private street does not landlock adjacent property due to topography or parcel layout; 6. Other than to provide emergency access, the private street does not connect one public street to another, encouraging travel through the development served by the private street; 7. The use or alignment of the private street does not interfere with the continuity of public streets; and 8. An appropriate mechanism has been established for the repair and maintenance of the private street, including provisions for the funding thereof. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as "Residential One", suitable primarily for single-family residential development within areas that are rural in character. Residential density of up to one dwelling unit per one gross acre may be considered by the City for this area. 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. Page 6 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001 \Lockwood Sub. pzf.doc 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: . ECC Section 8-2-4 states in part that a minimum of 30-feet is required for front yard setbacks and a minimum of 30-feet is required for street side setbacks within an R-l zoning district. . ECC Section 8-2A-7 (J)(4)(a) 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 berrning/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: Any road designated as an urban or rural collector on the APA Functional Street Classification Map: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, 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 five foot (5') minimum height requirement for the berming/fencing shall be Page 7 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc permitted to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to the thirty five foot (35') wide buffer noted above. c. SUBDIVISION ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . ECC Section 9-3-2-5 (B) (2) Except as may be otherwise set forth in this Section, private streets shall meet such design and dimensional requirements as the Council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, including, in the discretion of the Council, provisions for sidewalks. curbs. and gutters; provided, however, that all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient and effective movement of both vehicular and pedestrian traffic. . ECC Section 9-3-2-5 PRIVATE STREETS, states in part: Private streets may be permitted at the discretion of the Council. . ECC Section 9-3-6 (A) EASEMENTS, states in part: Total easement width shall not be less than twelve feet (12'). . 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. . ECC Section 9-4-1-9 C (1) Pressurized Irrigation Facilities: For any new subdivision and/or PUD, to be provided with a public water system and containing more than four (4) lots, all residential dwelling units within such subdivision shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the City Council. D. DISCUSSION: . The Comprehensive Plan Land Use Map designates this site as Residential One (up to one unit per acre maximum). The applicant is proposing .94-units per acre. . The existing dwelling unit on Lot 13, Block 1, located within the northwestern comer of this parcel (at the intersection of Ballantyne Road and Floating Feather Road), currently has a driveway access to Ballantyne Road, located approximately 50-feet south of Floating Feather Road. In the Ada County Highway District's draft staff report date stamped by the City on January 7, 2002, the only access to Ballantyne Road that has been approved is that of the private road to access the subdivision; no mention of a driveway to Lot 13, Block 1, has been noted. Presumably, the applicant is proposing to utilize the existing driveway on Lot 13, Block 1, to access Ballantyne Road directly rather than through the subdivision. Because ACHD has not addressed this situation, the applicant should either provide written documentation from ACHD approving the access from Lot 13, Block 1, to Page 8 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc Ballantyne Road OR revise the plat to provide access to Lot 13, Block 1, through the internal roadway system of the subdivision rather than directly to Ballantyne Road, prior to City approval of the final plat. . The non-conforming status of the existing single-family dwelling unit on Lot 13, Block 1, has been addressed within the rezone application (RZ-13-01) accompanying this preliminary plat application. . Eagle City Code states that residential developments are to be separated from abutting collector roadways with a 35-foot wide buffer area. The preliminary plat designates 35- foot wide common lots adjacent to the majority of the roadway of both Ballantyne Road and Floating Feather Road abutting this site. However, there is no buffer area indicated adjacent to Lot 13, Block 1 in the northwest corner of the site (with the existing dwelling unit). The applicant should provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer areas along Floating Feather Road and Ballantyne Road abutting this site, including Lot 13, Block 1, for review and approval by the Design Review Board prior to City approval of a final plat. . The applicant has proposed the construction of private streets to serve the subdivision. The applicant states in the justification letter for private streets (date stamped by the City on November 13, 2001) that due to topography (the steep slope bank of the Dry Creek Ditch to the east) and the existing subdivision to the south (Baker's Acres) a private road would more appropriate for the site. While these are certainly valid points, it may be considered that these are arguments more for the discontinuation of roadway access to abutting properties rather than justification for a private road. That is, it may be physically prohibitive to provide connectivity to abutting parcels but this does not mean that it is not feasible for a public road to serve the property. Staff believes that adequate justification has not been provided that would warrant the construction of a private road in-lieu of a public roadway. The City Engineer has raised a concern regarding the length of the roadways and the effect that may have on emergency vehicle response time and ability to effectively access units within the subdivision. Eagle City Code Section 9-3-2-1 (G) limits public road cul-de- sacs to a maximum length of 500-feet. The City Engineer has proposed one possible remedy which would entail extending the cul-de-sac shown on the preliminary plat as Woodcrest Place along the common lot lines of Lots 17, 18 and 21, Block 1, and connecting to Woodriver Place, thereby creating a loop road. Staff believes that a loop road would provide alternatives for more efficient traffic flow for access to the lots within the subdivision for both emergency vehicles and the general public. . The applicant has not proposed any sidewalks within the subdivision. Eagle City Code Section 9-3-2-5 (B) (2) allows for the City Council to not require (at its discretion) sidewalks abutting interior private streets (if private streets are approved). Further, sidewalks are required only on one side of the street (on public roadways) if the average frontage of the lots is 1O0-feet or more (which applies in this situation). On public roads, the Ada County Highway District requires the construction of curb, gutter and sidewalk abutting both sides of a street in subdivisions with parcel sizes smaller than 1.5-acres. The applicant has proposed a 5-foot wide asphalt pathway within the subdivision that would abut one side of the interior roadways. The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows a pathway traveling along the Dry Page 9 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc Creek Ditch on the eastern boundary of the site. The major obstacle to constructing the pathway along the ditch is the steep terrain of the ditch bank of where the pathway would be located. In addition, the Dry Creek Ditch authority may not allow the construction of a pathway within the ditch's easement. The applicant has shown an alternative pathway configuration that may be considered to function as a sidewalk and also may still serve the intent of providing a connection to the eventual city-wide pathway system even though it does not follow the exact recommended location as delineated on the TransportationlPathway Network Map. 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 walk at least ten- feet (10') in width. The applicant should construct the pathways a minimum of lO-feet (10') wide through a IS-foot (15') wide easement as shown on the preliminary plat date stamped November 13, 2001. In regard to sidewalks abutting Floating Feather Road and Ballantyne Road, the Ada County Highway District is requiring that because of the proximity of the ditch to these roadways, the sidewalks would need to be constructed within easements outside of the right-of-way. This would place the sidewalks generally within the required 35-foot wide buffer areas abutting the roadways. In past applications, the sidewalk has often been located outside of the right-of-way which is beneficial in that it provides the pedestrian an extra safety zone from traffic and allows for the buffer area to function as a usable amenity as well as opposed to merely for screening. Staff supports the location of the sidewalk within an easement outside of the right-of-way abutting Floating Feather Road and Ballantyne Road. . The City Council has previously required that residential subdivisions in zoning districts that 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 both sides of the interior roadways, prior to City approval of a final plat. The trees shall be placed within the landscape strip between the edge of the roadway and the sidewalk at each side lot line. If the Council approves the construction of a sidewalk on 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 at each side lot line. . The applicant has not provided a pressurized irrigation plan as required by Eagle City Code. The applicant should provide a plan delineating the pressurized irrigation prior to City approval of the final plat. . The preliminary plat shows three existing structures (dilapidated barns) located upon the site with lot lines drawn directly through or adjacent to the structures on the preliminary plat. Since these structures would not meet the minimum required setbacks as required by Eagle City Code section 8-2-4, the buildings should be moved prior to the city Clerk signing the final plat. . Lot 17, Block 1, is configured on the preliminary plat in such a way that there is frontage Page 10 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc on more than one street, which Eagle City Code defines as a through lot. While through lots are not prohibited by Eagle City Code, common practice is to dissuade the design of lots in this manner. The applicant should place a note on the final plat stating that access from Lot 17, Block 1, shall be limited to the eastern lot boundary only (abutting Woodriver Place). 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 the item to January 28,2002, and made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual who felt this development would add value to his property, welcomes the idea of the installation of a pathway and that private roadways would be appropriate than public roads. D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and Zoning Commission by two (2) individuals with concerns regarding the need to save existing trees on the site, access into the subdivision, the width of the internal streets, the end result of how end Lot 13, Block 1 will develop and whether the site can accommodate drainage. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval ofPP-12-01 for a preliminary plat for Lockwood Subdivision for RADA Properties LLC with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strike- thru to be deleted by the Commission and text shown with underline to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements within the City Engineer's letter dated December 27, 2001. 2. Comply with all requirements of the Ada County Highway District. 3. The applicant shall provide written documentation from ACHD approving the access from Lot 13, Block 1 to Ballantyne Road QR revise the plat to provide aceess to Lot 13, Bloek 1, thrmigh the internal roa¡:b;ay system of the slibàiyisioR rather thaR directly to BallaRtyne Road, prior to City approval of the final plat. 4. Provide a note on the plat stating that the 35-foot wide buffer areas abutting Floating Feather Road and Horseshoe Bood Ballantyne Road are located within common lots to be owned and maintained by the homeowner's association. Provide a statement on the plat and within the CC&R' s that one homeowners association in perpetuity shall maintain the common lots. Page 11 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc 5. The applicant shall remove the existing structures from the parcel (located as shown on the preliminary plat within Lots 17, 18 and 21, Block 1) prior to the City Clerk signing the final plat. 6. Pro'/Ìàe a re'lÏsed }3relimiaary }3lat showiag the iatemal streets as }3Hblic roadways '",ithia the søbdivisioa. 7. Provide a revised }3relimiaary }3lat vihieh exteads the cHI àe sac shovia oa fue }3relimiaary }3lat as Woodcrest Plaee to traverse aloag fue commoa lot liaes of Lots 17, 1& aad 21, Bleck 1, aad coaaectÏBg te '.VOOdri'iØf Place as a loof' road. 8. NOTE: THE FOLLOWING CONDITIONS SHALL ONLY PERTAIN IF PRIVATE STREETS ARE APPROVED BY THE CITY COUNCIL: A. Provide a note on the plat that states Lot 17, Block 1, shall have access to the road system only on its eastern boundary. B. If private sk-eets are afJproved theft ~r.rovide a note on the plat that states there shall be no parking allowed on the internal private streets. Provide a statement in the CC&R' s that prohibits parking on the internal private streets. "No Parking" signs shall be posted on both sides one side of the streets. In regard to parking: on the private roadways, all conditions of the Eagle Fire Department's letter date stamped by the City on November 27,2001 shall be complied with. C. If private streets are approveà, theft ~r.rovide a note on the plat that states that each lot owner within the subdivision has the perpetual right of ingress and egress over the described private streets (Lot 26, Block 1) and that the perpetual easement shall run with the land. D. If }3riyate streets ar-e afJfJro'ied, ~r.rovide a copy of the Subdivision's CC&R's providing a plan and schedule for the future repair and maintenance of the private streets and drainage facilities. The CC&R's shall be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. E. If private str-eets are afJ}3ro'ied, ~r.rovide a note on the plat that states that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' association cannot be dissolved without the express consent of the City. 9. The applicant shall provide a plan delineating a pressurized irrigation system to serve all lots within the subdivision prior to the City Council review of an application for apfJroyal of the final plat. 10. Construct a minimum.w §-foot (.w.:) (6') wide asphalt pathway within a ~ lO-foot (~') (10') wide easement along the internal roadways as shown on the preliminary plat date stamped November 13, 2001 pursuant to the City of Eagle's 2000 Comprehensive Plan Transportation / Pathway Network Map #1 of 2. The pathway shall be constructed prior to the issuance of any building permits. 11. Place a note within the CC&R's stating the pathway is to be maintained by the Lockwood Subdivision Homeowner's Association. The CC&R's shall be reviewed and approved by staff prior to the City Clerk signing the final plat. Page 12 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc 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 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 permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 13. 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. 14. The applicant shall apply for annexation to the Eagle Sewer District within one year of the approval of the preliminary plat. Extensions of time for this approval will not be accepted. Final plat approval will not be considered until annexation into the District has occurred. 15. Revise the density calculation on the plat under "Development Data" to read .94 units per acre. 16. Place a note on the final plat stating that access from Lot 17, Block 1, shall be limited to the eastern lot boundary only (abutting Woodriver Place). 17. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer areas along Floating Feather Road and Ballantyne Road abutting this site~ The applicant shall apply for an alternate method of compliance for the 35- foot wide buffer area abutting iaclaâiHg Lot 13, Block 1, for review and approval by the Design Review Board prior to City approval of a final plat. ~ The applicant shall provide a landscape plan showing sidewalks, pathways and street trees for review and approval by the Design Review Board prior to City approval of a final plat. STANDARD CONDITIONS OF APPROV AL: 1. 2. 3. 4. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 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). Page 13 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc 5. 6. 7. 8. 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. 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) 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. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has rust 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 Page 14 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc 13. 14. Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. The proposed fITe 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 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 fITe 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 Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed 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 fmal plat. Page 15 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001 \Lockwood Sub. pzf.doc 18. 19. 20. 21. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2». After Council approval of the final plat, the applicant may construct any approved improvements Page 16 of 19 K:\Planning Dept\Eag1e AppIications\SUBS\200 1 \Lockwood Sub. pzf.doc 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 13, 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 15,2001, 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-12-01) 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: 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 in accordance with the residential land use designation of this area shown within the Comprehensive Plan; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served by central sewer system that must be approved by the Eagle Sewer District 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 Page 17 of 19 K:\Planning Dept\Eagle Applications\SUBS\200 1 \Lockwood Sub. pzf.doc 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 the Ada County Highway District 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 fmancial 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. 4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Commission has determined that: a. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that the private streets will serve to enhance the overall development, since this development is located on a parcel that is limited in the ability to provide connectivity to surrounding parcels due to an existing subdivision to the south and steep slopes to the east, and the applicant is attempting to achieve a housing development that is both unique and viable by providing narrow (less than public standards), non-continuous streets; b. The private streets within the subdivision provide safe and effective movement of both vehicular and pedestrian traffic because the roadways will be designed to be non- continuous and terminate in cul-de-sacs, thereby limiting the number of vehicles using the roadways; and because a total of only 22 lots are being served by these roads, the number of vehicles and pedestrians using these roadways is further limited; c. The private street provides adequate access for service and emergency vehicles because the Eagle Fire District has approved the design of the roadways, and since the cul-de-sacs have been designed to accommodate the turning radius of emergency vehicles; d. The private streets within the subdivision do not adversely affect access to adjacent properties since they will not connect one public street to another and since they do not take away existing public street accesses to surrounding properties; e. The private streets will not landlock adjacent property due to topography or parcel layout as shown on the proposed plan, and since all adjacent properties currently have access to public roadways; f. The private street within the subdivision does not connect one public street to another; Page 18 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001\Lockwood Sub. pzf.doc g. The use or alignment of the private street within the subdivision does not interfere with the continuity of public streets as noted above; and h. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof, within the required CC&R's for the subdivision and with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer and City Attorney prior to City approval of the fmal plat. DATED this 4th day of February 2002. PLANNING AND ZONING COMMISSION OF THE CITY EAGLE A Count, Id Page 19 of 19 K:\Planning Dept\Eagle Applications\SUBS\2001 \Lockwood Sub. pzf.doc