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Findings - CC - 2006 - A-10-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06 - Eaglefield Estates Ii Subd/11.5 Acre/34 Lot/341 & 499 N Linder Road ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION, REZONE, CONDITIONAL USE ) PERMIT, PRELIMINARY DEVELOPMENT PLAN, ) AND PRELIMINARY PLAT FOR EAGLEFIELD ) ESTATES II PUD FOR EAGLEFIELD, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LA W CASE NUMBER A-IO-06/RZ- I2-06/CU-04-06/PPUD-02-06/PP-12-06 The above-entitled Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat applications came before the Eagle City Council for their action on August 22, 2006, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eaglefield, LLC, represented by Clint Boyle, AICP with Landmark Engineering and Planning, Inc., is requesting an annexation and rezone from RR (Residential Rural-Ada County designation) to R-4-DA-P (Residential up to four units per acre with a development agreement and PUD), and MU-DA-P (Mixed Use with a development agreement and PUD), conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates II Subdivision planned unit development. The 11.5-acre, 34-lot (19-single family, 5-four-plex, and lO-common) residential subdivision is located on the west side of North Linder Road approximately 400-feet north of State Highway 44 at 341 and 499 North Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held from 6:00 - 7:00 PM. March 9, 2006, on site in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 21, 2006. 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 June 19,2006. 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, June 14, 2005. The site was posted in accordance with the Eagle City Code on June 22, 2006. Requests for agencies' reviews were transmitted on May 3, 2006 in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 24, 2006. 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 July 19, 2006. Page 1 of 35 K:IPlanning DeptlEagle ApplicationslS U lIS12006lEagletield Estates II PU D ccf.dac The site was posted in accordance with the Eagle City Code on July 28, 2006 D. HISTORY OF PREVIOUS ACTIONS: On February 14,2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, preliminary plat, and vacation for Eaglefield Estates Planned Unit Development which is located adjacent to this site's west property line (A-II-04IRZ-17 -04/CU-IO-04/PPUD-03- 04/PP-09-04/V AC-02-04). This property is a second phase of the development. E. COMPANION APPLICATIONS: All applications for the PUD are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Transitional RR (Residential Rural - AgriculturallResidential Residential Ada County designation) Proposed Transitional R-4-DA-P (Residential Single Family and Four-Plex Residential with a development Residential Planned Unit agreement) Development MU-DA-P (Mixed use with a development agreement) North of site Residential Two RR (Residential Rural - Agricu IturalIResidential Ada County designation) South of site High Density RR (Residential Rural - Church facility Residential Ada County designation) East of site Commercial! R-2-DA (Residential with Sedona Residential Three development agreement) S ubd i vision/Agricultural! Residential West of site Transitional R-2-DA-P, R-4-DA-P, Agricultural/Residential Residential and MU-DA-P (Proposed Eaglefield Estates (Residential and Mixed PUD) Use with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site - 11.5 acres Total Number of Lots - 34 Page 2 of 35 K:IPlanning DeptlEagle ApplicationsISUBSI2006\EaglefieLd Estates II PUD ccf.doc Residential - 24 Commercial - 0 Industrial - 0 Common - 10 Total Number of Units - 39 Single-family - 18 Multi-family - 20 Existing - 1 (to be retained) Proposed - 39 Total Acreage of Any Out-Parcels - 0 Additional Site Data Proposed Required Dwelling Units Per Gross 3.71- units per acre (overall) Transitional Residential Acre 3.22-units per acre (R-4) Residential Four (49.7% of the site) 3.82-units per acre (MU) Mixed Use (50.3% of the site) Minimum Lot Size R-4: 5,741-square feet 8,OOO-square feet MU: 14,064-square feet Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot Width 50-feet (R-4) (as proposed 70-feet (minimum) within the development agreement) 43-feet (MU) (as proposed within the development agreement) Minimum Street Frontage 35-feet 35-feet (minimum) Total Acreage of Common 2.70-acres 1.5S-acres (minimum) Lots 1.05 acres minimum plus .50- acres for lots smaller than the minimum (8,000 SF) - per ECC Section 8-2-4 (G) Percent of Site as Common 25.7 % 14.8% (minimum - see above) Area Page 3 of 35 K:IPLanning DeptlEagle AppLicationslSUBSl2006IEagLefieLd Estates LI PUD ccf.doc I. GENERAL SITE DESIGN FEATURES: Open Space: The proposed PUD will provide a total of 2.70-acres (25.7%) of common area. The proposed common area is a combination of open play area and ponds. Storm Drainage and Flood Control: Specific drainage system plans, submitted to the City Engineer for review and approval are required 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 required by the Eagle Fire District. On-site Septic System (yes or no) - not allowed This site will be required to be annexed by the Eagle Sewer District prior to the District providing service. Preservation of Existing Natural Features: There are several trees located around the existing home and structures located on site. The City Forester and the Design Review Board will need to review the location of the existing trees as part of the Design Review process for retention and/or mitigation. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The applicant is proposing to construct West Escalante Drive as a 52-foot street section with a 10-foot wide landscape median constructed in the center of the road, with vertical curb, 9-foot wide drainage swales, and 5-foot wide sidewalks on both sides of the street, within 70-feet of right-of-way. West Brunmier and Cardiff Way are proposed to be constructed as 29-foot wide street sections with rolled curb, 6-foot wide drainage swales, and 5-foot wide sidewalks on both sides of the street, within 52-feet of right-of-way. Parking will be allowed on one side of West Brunmier and Cardiff Way. Nottingham Way is proposed to be constructed as a 29-foot side street section with rolled curb, 6 V2- foot wide drainage swales, and 5-foot wide sidewalks on both sides of the street, within 42-feet of right-of-way. Parking will be allowed on one side of Nottingham Way. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Page 4 of 35 K:IPlanning DeptlEagle ApplicationsISUBSl2006IEaglefie1d Estates II PUD ccfdoc Cul-de-sac Design: None proposed Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of all interior roadways, including West Escalante Drive. The sidewalk is separated from the adjacent curbs by a six foot (6') wide minimum to a nine foot (9') wide planting strip. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided and approved by the Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names approved by the Ada County Street Names Committee are shown on the attached correspondence from that committee. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Pedestrian walkways are provided through the detached sidewalk system. Bike Paths: Cyclists will have access to the proposed pathway system and the required on-street bike lane throughout the development. Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - Yes Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Page 5 of 35 K:IPlanning DeptlEagle ApplicatIolls\SUBS\2006IEagJefield Estates II PUD ccfdoc O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference and is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letters dated May 5, 2006, and June 28, 2006, are of special concern (incorporated herein by reference and is attached to the staff report). Ada County Highway District Central District Health Department Chevron Pipeline Division of Environmental Quality Eagle Fire Department Eagle Sewer District Meridian School District Q. LETTERS FROM THE PUBLIC: None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to develop the project in one phase with anticipated construction of infrastructure to begin in 2006. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: I. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. Page 6 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates II PUD ccfdoc 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. 1n cases where an increase in residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING - For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 23. SITING - For up to 5% That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as Page 7 of 35 K:IPlannillg Dept\Eagle ApplicationslSUBSI20061Eaglefield Estates II PUD ccfdoc clustering), incorporated into this development, exceed that of a non PUD development. 24. DESIGN FEATURES - For up to 5% That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. 2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 2000 EAGLE COMPREHENSIVE PLAN CHAPTER 6 - LAND USE 6.3 Land Use Designations Transitional Residential Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. Residential Six Plus Suitable primarily for multi-family housing including apartments, town homes and duplexes within the urbanized setting adjacent to designated transit corridors. 6.7 Implementation Strategies (6.7a) Preserve the natural features and resources of Eagle; (6.7b) Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems.; and (6.7c) Provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single family attached, manufactured homes, affordable and subsidized housing and large acreage developments. (6.7j) Farm related uses and activities should be protected from land use conflicts or interference created by residential, commercial, or industrial development. The Idaho Right To Farm Act should be promoted. CHAPTER 7 - NATURAL RESOURCES AND HAZARD AREAS 7.9 Goal Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation-nature areas when implementing planning and zoning decisions. CHAPTER 8 - TRANSPORTATION 8.6 Implementation Strategies (8.6a) Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (lTD), and Ada Planning Association (APA) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1 and #2 incorporated into this Comprehensive Plan by reference. The Maps are to Page 8 of 35 K:IPlanning DeptlEagle ApplicationslSUBSI20061Eaglefield Estates II PUD ccf.doc assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Ada Planning Association for input into the Ada Planning Association's Functional Street Classification Map and Regional Transportation Plan. (S.6b) Integrate all modes of travel to support air quality improvement measures; and (S.6e) Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. (S.6c) Encourage roadway design standards that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Ada Planning Association (APA), and other agencies that may be responsible for roadway planning and design; (S.6m) Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance; and (S.6p) Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. (S.6i) Encourage street lighting to increase roadway and neighborhood safety while preserving a rural environment free of any unnecessary lighting. CHAPTER 9 - PARKS, RECREATION AND OPEN SPACES 9.5.2 Objectives (9.5.2a) To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. (9.5.2b) To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. (9.5.2e) All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. 9.6 OPEN SPACE: Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. Page 9 of 35 K:\Planning DeptlEagle ApplicationslSUBS\2006lEaglefield Estates II PUD ccf.doc (9.6.1 Goal) To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. (9.6.2 Objectives) To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. (9.6.2b) To provide an open space setting for active and passive recreation for all age groups throughout the community. (9.6.2c) To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. (9.6.2d) To protect the natural lay of the land (e.g., minimize land disturbance). (9.6.2e) To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. (9.6.2f) To protect important views, vistas, and panoramas of the community's natural setting and environment. CHAPTER 10 - HOUSING 10.3 Implementation Strategies (1O.3a) A wide diversity of housing types and choice between ownership and rental dwelling units will be encouraged for all income groups. (1O.3b) The location of all housing should be coordinated with provisions for adequate public facilities and services. CHAPTER 11 - SPECIAL AREAS AND SITES 11.4 Implementation and Strategies (11.4a) Protect and improve natural and man-made waterways. (11.4g) Preserve existing trees and establish appropriate landscaping as a part of new developments. (11.4h) Encourage the preservation of habitat areas which provide for fish and wildlife. (11.4i) The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. CHAPTER 12 - COMMUNITY DESIGN 12.4 Implementation Strategies (l2.4a) Establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle. This includes growth within the Impact Area that discourages or precludes the establishment of other City centers. Page 10 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates 1/ PUD ccfdoc (12.4c) The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. (12.4k) Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and ridge lines as visual amenities. (12.41) Encourage the development of pathways and open-space corridors throughout the City. (12.40) Encourage the planting and preservation of trees that will create beauty and add to the healthy environment of downtown (see Eagle Tree Plan below). (12.4q) Maintain the rural residential character and open space environment in and around the City. 12.5 Eagle Tree Plan (12.5.1 Goal) To establish and enhance areas of tree growth that will create beauty, add to a healthy environment and increase economic stability. (12.5.2 Objectives) To create an urban forest that will help reduce air and noise pollution, conserve water and reduce soil erosion, assist in modifying the local climate, increase property values, and improve Eagle's economy by providing a pleasant and more comfortable place to shop and live. SOARING 2025 PLAN Chapter 2-Community Design 2.3 Goals Sustainability at build out (2025): Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. Identify "Activity Centers": Identify areas that due to the nature of existing uses, future uses and/or transportation corridors will lend themselves to increased activity and non- residential use so to preserve larger areas as primarily residential neighborhoods. a. Provide increase residential density along the State Highway 44 and State Highway 20/26 corridors when accompanied by alternative access plans. b. Maintain a Vision Map that encapsulates the intent and opportunities contained in the Comprehensive Plan. (See Map 2.1) k. State Highway 44, State Highway 20/26, State Highway 16 and the proposed east west collector are designed as scenic corridors requiring landscaped setback and separated meanderings sidewalks. n. Elementary and middle schools should be located in residential neighborhood to facilitate walking and reduce busing costs for the district. Elementary and Middle schools may be located on collector roadways as defined by the Regional Functional Classification Map, High School maybe located on arterials. Page 11 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates II PUD ccf.doc Chapter 3-Economic Development 3.3 Goals Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. c. Encourage the interconnectivity of residential and nonresidential areas within the western planning area to the existing CBD and greenbelt system. Chapter 4-Public Facilities and Services 4.2.1 School Goals Support the safe maintenance and construction of the public school system emphasizing quality school facilities that serve as a focal point for family and community activities. c. Elementary and middle schools shall be located in residential neighborhood to facilitate walking and reduce busing costs for the district. Elementary and Middle schools may be located on collector roadways as defined by the Regional Functional Classification Map, High School maybe located on arterials. e. Encourage the joint siting of schools and parks whenever possible. 4.6.1 Domestic Water Goals Ensure a safe, reliable and cost-efficient water supply, distribution system and storage reservoir to support water demands of current users and projected demands of land development in accordance with the Eagle Comprehensive Plan. Develop a groundwater supply and water storage system to provide for domestic, emergency, and fire flows that meet federal, state and local standards and the service demands of development. (See Map 4.3) Develop an interconnected water system owned and operated by the City. Protect groundwater quality and conserve the natural groundwater resource. Ensure water service shall provide a minimum of 40 psi and a maximum of 85-90 psi, and fire flows of 1,500 gallons per minute, in accordance with state requirements. Promote the utilization and reuse of surface water sources for non-potable uses such as irrigation and water amenities. Ensure that the cost of new and upgraded water facilities is borne by those who benefit from them. 4.7.1 Irrigation Water Goals Protect the existing irrigation system and increase use or reuse of the surface water resource for park, residential and commercial landscape irrigation and water amenities. Maintain irrigation standards that promote the conservation and reuse of surface water. Ensure that new development incorporates existing irrigation water for landscape irrigation and water amenities when water rights are available on-site or by means of appropriation or transfer. Maintain surface water rights within general areas of use to ensure adequate supply for the enjoyment of amenities such as city parks and greenbelts. Page 12 of 35 K:\Planning Dept\Eagle Applications\SUBS\2006\Eaglefield Estates II PUD ccf.doc a. Encourage policies such as the lining of ponds to maximize the use of water resources. b. Develop an irrigation water policy and standards for construction for guidance in the preparation of pressurized irrigation plans. c. Pursue the acquisition and development of surface water rights for use in parks and greenbelts. d. Communicate with irrigation districts and companies to provide adequate protection of canals to ensure future access and operation of canal system for domestic irrigation. e. Establish water rates for potable water used for irrigation that encourage use of surface water as the first alternative for development. 4.9.1 Sewer Goals Ensure that sewerage and effluent disposal utilities expansion and extension will keep pace with and be available in a timely manner to development projects within the City. Ensure that sewerage and disposal facilities development will not through insufficiency foster impediments to orderly and appropriate development of the City as set forth in other sections of this Comprehensive Plan. Provide assurance of Eagle's capability to sustain orderly and appropriate growth by maintaining awareness of Eagle Sewer District's plans for expansion and schedules for extension, and reviewing how these plans fit with the known plans of the development community in Eagle. a. Consult at regular interval with Eagle Sewer District regarding its expansion and extension plans. b. Compare what is known ofESD expansion plans with City's information regarding planned development within the City and Impact Area. c. In the event that ESD is unwilling to provide central sewer service the City should maintain knowledge of alternatives available to the City to take action that might expedite necessary sewerage and disposal expansion and extension, if needed to accommodate orderly and appropriate development in a timely manner. Chapter 5- Transportation 5.1 Goals Maintain the function and connectivity of the street system for current users, emergency response efforts, and for use by future generations. Using sound land use and transportation relationships, develop alternate routes or corridors for ACHD planners to evaluate that best emphasize the needs of developing areas while lessening the potential for congestion. Maintain a land use decision-making process that is supportive of the service level standards identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. Page 13 of 35 K:IPlanning DeptlEag1e Applications\SUBS\2006\Eag1efield Estates II PUD ccfdoc Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. Maintain safe and comfortable neighborhoods by minimizing speeding and cut through traffic. b. The most recent Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. c. Periodically review the street classification system and work with ACHD and the Community Planning Association to amend the street classification system as needed. Any street reclassifications shall be contingent upon an analysis of existing street configuration, existing land uses, lotting patterns, location of structures, impact on neighborhoods and area-wide transportation needs. Upgrading of residential streets to collector and arterial status shall be discouraged and shall only occur where a significant community-wide need can be identified as part of the adopted Regional Transportation Plan. (See Map 5.1) d. When review land use amendments, zone changes, master plans, conditional uses and other significant entitlement requests, take into consideration the impact of the project on street levels of service. The City's preferred standards shall be those identified for new streets in ACHD's Development Policy manual, or its successor. Service level impacts shall be minimized through project modifications, traffic management plans, street improvement plans or other means. i. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. j. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. k. Develop transit friendly corridors along State Highway 20/26 and State Highway 44. m. A collector street system shall be pursued within each square mile of development adequate to serve the density of development. Suggestions shall be forwarded to ACHD for planning and adoption in the TIP. n. Support the access restriction policies of the Ada County Highway District. o. Discourage direct lot access to parcels abutting collector streets. p. Limit access to all arterial streets. t. Develop methods, such as cross-access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. z. Work with the development community, ACHD and COMPASS to construct the following roadway projects: Page 14 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates II PUD ccf.doc Chapter 6 - Land Use 6.2 Goals SustainabiIity at build-out (2025): Ensure the ability for the city to continue to fund, improve and support itself (including infrastructure) without the use of building permit fees, impact fees and zoning fees. Identify "Activity Centers": Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non-residential use while preserving larger areas as residential neighborhoods. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways traveling through the City while ensuring compatibility with land uses and design standards of the City. Increased Employment Opportunities: Identify areas that will provide significant employment opportunities to the residents of the City of Eagle, thereby supporting the City as a place to live, work, and recreate a. Maintain a Vision Map that depicts opportunities for creating and enhancing activity centers and linkages between planning areas and the existing City. (See Map 2.1) b. Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas that continue to promote the rural character of the City of Eagle (See Map 6.1) c. Use smaller planning areas to help guide development in the western planning area. (See Map 6.2) d. Non-residential uses should be limited to designated areas, with scaling and intensity paramount to the approval of these uses. e. Special design treatments shall be required to provide compatibility of new development with existing development such as building orientation, increased setbacks, height limitations, size restrictions design requirements, fencing, landscaping or other methods as determined through the development review process. f. Commercial and subdivision development within the City will be subject to Design Review. g. The creation of single use commercial and office districts should be discouraged, while uses that serve a variety of uses shall be encouraged. h. New mid-block commercial development should be discouraged along arterial and collectors unless it is specified in the plan and meets the principles of New Urbanism and/or provides cross access between adjacent commercial parcels. Existing mid-block commercial uses of a marginal nature shall be encouraged to convert to residential uses. 6.4 E Floating Feather Planning Area The Floating Feather Planning Area is designated as residential with limited ancillary uses to be incorporated as allowed by the planned unit development Page 15 of 35 K:\Planning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates II PUD ccfdoc standards. This area should provide trails, open space, and parks in conjunction with varied housing options. The overall density of the area is 1-2 units per acre. 6.4E.l Uses The land use and development policies specific to the Floating Feather Planning Area include the following: Integration of mixed residential lot sizes at an overall density of 1-2 units per acre; Ancillary neighborhood commercial and retail uses that focus and serve the immediate Floating Feather Planning Area; Setbacks from streams, irrigation and drains for trails and open space; Use of transitional lot sizes and clustering when new development abuts existing subdivisions, business and office use to the south; School siting in the area shall focus on areas with higher densities to decrease busing concerns, preference will be given to siting elementary schools in this area. Densities around school sites shall not exceed 3 to 4 units per acre. 6.4E.2 Access All uses shall rely on internal local road circulation and a proper street hierarchy to safely and efficiently move traffic through the area without forcing local trips onto the regional roadway network. At the western edge of this area, Linder Road will merge with the proposed east/west boulevard and should include street trees, separated sidewalks and landscaped medians; sufficient right-of-way and setbacks should be preserved to facilitate the construction of this roadway. 6.4E.3 Design This area should be recognized as the signature residential area for the Western Planning Area. The integration of varying lot sizes and uses should be seamless with continuity of street design, open space, trails and housing through out that area. Lot configuration and housing sizes should be mixed throughout the area to provide a variety of housing options within a single neighborhood or development. 6.4E.4 Issues The main concerns in the development of the area are the integration of varying lot sizes and housing styles. The vision for the area is contingent on the integration of uses and providing a flow of housing units throughout the area to avoid creating defined separation from estate areas and patio home areas, for example. Further, the provision of open space and trails through the area should be key to the development approval of the area. 6.4C Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and Page 16 of 35 K:IPlanning DeptlEagle ApplicationsISUBSl2006\Eaglefield Estates II PUD ccf.doc existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. 6.4C.l Uses The area located west of Linder Road and north of State Highway 44 shall provide for high density residential including apartments, town homes and patio homes, transitioning with decreasing density northward with 1-2 units per acre along northern perimeter. Internal circulation is essential to the development of this area; a loop/frontage road similar to Old Valley Road should be created. Uses should focus on this roadway (not State Street) with berming and wide setbacks to be used to buffer any residential use from the regional transportation network. 6.4C.3 Access Access to and through should be limited to existing roads (Old Valley Road, Park Lane and Linder Road); no direct access from State Highway 44 shall be permitted unless a new access point is designated by the State of Idaho for Eagle Island State Park. The area to the north of State Highway 44 should require the construction of a frontage road (similar to Old Valley Road) that removes individual property access to State Highway 44, this high density area shall provide internal circulation and connectivity to the residential areas to the north. Cross-access agreements and shared service roads should be encouraged throughout the area. 6.4C.4 Issues If individual lot access is allowed to State Highway 44, the ability to function as a node, encouraging both pedestrian and vehicular traffic, will be lost. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section S-2A-7 (4) (b) Any road designated as a minor arterial on the Ada County long range highway and street map: A minimum of fifty feet (50') 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: five (5) shade trees, eight (S) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (S') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (I ') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Page 17 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates II PUD ccfdoc . Eagle City Code Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and pennitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. . Eagle City Code Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES" Public sites and open spaces shall conform to the following: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, water courses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large-scale developments, the Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. . Eagle City Code Section 8-7-3-5: CONDITIONAL USE PERMIT: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on-site or off-site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this Title. Page 18 of 35 K:IPlanning DeptlEagle AppLicationslSUBSl2006IEaglefield Estates II PUD ccfdoc C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . Eagle City Code Section 9-3-2-1 (C) Stub Streets, states in part: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. . Eagle City Code Section 9-3-2-2 Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. B. Notwithstanding subsection A of this section, access from a frontage road onto an arterial street shall be limited to one thousand five hundred feet (1,500') between points. . Eagle City Code Section 9-3-8 (B) Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. . Eagle City Code Section 9-4-1-6 (F) Sidewalk Design: 1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. . Eagle City Code Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units. This may be reduced by the City Council if there is a showing that the needs of a particular development are less. . Eagle City Code Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas. Page 19 of 35 K:\Planning DeptlEagle Applications\SUBS\2006\Eag1efield Estates II PUD ccfdoc D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS DEVELOPMENT: If the planning and zoning commission feels that the applicant has adequately addressed their concerns staff recommends the following conditions to be placed within a development agreement to guide the development: 2.1 The maximum density for the Property shall be 3.7 I-dwelling units per acre (34 residential lots, 18 single family lots and 5 four-plex lots). 2.2 The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by Eagle as a part of the Design Review prior to the City Clerk signing the final plat. 2.3 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design Review Board and City Council prior to the issuance of any building permits. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. 2.5 The Property Owners shall remove all existing structures (with the exception of the residential dwelling) located near the southeast corner of the Property from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said structures. 2.6 Eagle hereby acknowledges that the attached typical housing styles and lot layout plan (Exhibit "A") represents an example of the Property Owners' current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the concept plan and related designs herein. The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. 2.7 Prior to issuance of any building permits, the Property Owner shall provide proof of adequate sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 2.8 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, along all with all of the conditions as provided within this development agreement. 2.9 The Memorandum of Agreement for the extension and use of the municipal water system shall be executed, reviewed, and approved by the City Attorney prior to the City Clerk signing the final plat. 2.10 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of Eagle's municipal water system. The water main size, to be determined by the City Engineer, at the time of the final plat review shall be dedicated to the public and shall only be constructed on rights of way or easements. Easements or permits secured for the main Page 20 of 35 K:IPLanning DeptlEagLe AppLicationslSUBSl2006IEaglefieLd Estates II PUD ccfdoc extension shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension. Water mains shall be extended by the applicant as designated by the City Engineer where future water system extensions are expected to occur. The developer shall enter into a "Memorandum of Agreement" to provide sufficient water to Eaglefield Estates II Subdivision in compliance with and consistent with the intent of City of Eagle Ordinance No. 479 prior to adoption of an ordinance of annexation. 2.11 The following reduced dimensional standards are approved: The Cedars II - R-4 Zone (sinf!le famIlv detached) Requested Setbacks (additional setback per stOry) (in feet) Front Rear Interior Street Side Minimum Lot Minimum Street Min. Size Side Width Frontage ( square feet) * 5,741 20' 15' 7.5' (5') 20' 50' 35' *Alllots less than 6,000-square feet shall be alley loaded. All lots between 6,000-square feet and 7,999-square feet shall have shared/common drives. The Gables II - MU Zone (four-~ lex lots) Requested Setbacks (additional setback per story) (in feet) (Min. of 15 ft between Min. Size buildings) ( square Front Rear Interior Street Side Minimum Lot Minimum Street feet) * Side Width Frontaf!e 13.989 15' 15' 5' 20' 42' 35' E. DISCUSSION: NOTE: STAFF RECOGNIZED THAT THE FOLLOWING ANALYSIS WAS COMPLEX AND STAFF PROVIDED A VERBAL OVERVIEW DURING THE PUBLIC HEARING FOR THIS APPLICATION. . The Eagle Soaring 2025 Plan delineates two land use designation for this property High Density Residential and Transitional Residential. At the time that the Soaring 2025 Plan was drafted it was intended that a new collector road would be constructed from Linder Road to the existing Moon Valley Road and State Street intersection and that the alignment of the collector would serve as the division between the High Density Residential Designation and the Transitional Residential Designation. This application reflects these land use assumptions. . 5.5-acres (49.7% of the site) is designated High Density Residential with a density of 3.82-units per acre, 21-units. These 21-units represent 53% of the units in the development. . 5.58-acres (50.3% of the site) is designated as Transitional Residential and is intended to provide an area that allows for a gradual decrease in density between the High Density Residential designation located along State Street and the Residential Two designation further north. The applicant has proposed 18-units in this area which represent 46% of the lots within the development. Page 21 of 35 K:IPlanning DeptlEagle ApplicationsISUBSI2006\Eaglefield Estates II PUD ccLdoc . Similar to Eaglefield Estates to the west, the applicant is requesting two zones a MU (mixed use zone) and R-4 zoning designation with diminished lot sizes and set back to accommodate the proposed mix of lot sizes. The development agreement associated with the rezone for this site will limit the density of the entire development to 3.71-units/acre. 54% of the lots as proposed do not meet the minimum lot size in the base zones as proposed therefore an offsetting increase in open space has been provided for these lots. . The applicants proposed lot sizes and setbacks by development area are show below, these setbacks are in keeping with the same product type in Eaglefied Estates to the west of this site. (See Exhibit 1 for product area location): e ears - - one smgle amuy etac e Requested Setbacks (additional setback oer storv) (in feet) Front Rear Interior Street Side Minimum Lot Minimum Street Min. Size Side Width Frontage ( square feet) * 5,741 20' 15' 7.5' (5') 20' 50' 35' Th C d II R 4 Z (' I f '1 d h d) * All lots less than 5,999-square feet shall be alley loaded. All lots between 6,000-square feet and 7,999-square feet shall have shared/common drives. Th G bl II MU Z (f e a es - one our-I ex ots Requested Setbacks (additional setback per story) (in feet) (Min. of 15 ft between Min. Size buildim!s) (square Front Rear Interior Street Side Minimum Lot Minimum Street feet)* Side Width Frontage 13,989 15' 15' 5' 20' 42' 35' . Eagle City Code 8-6-6-3, requires all final development plans be reviewed by the Planning and Zoning Commission as well as the City Council. This is partly to allow for additional City Review for flexibility needed for long-range and large PUD's. . The proposed development includes 25.7% of the site as common area open space including trails and gathering areas and landscape buffers. . Only 75% of all lots within the development have direct access to the proposed open space. 60% of the four-plex lots have direct access to the open space. . Open fencing such as wrought iron should be used throughout the development to increase the open feel of the area and reduce the closing off of reduced size lots. . The following comments are specific to "The Gables II" (See Exhibit 1 for product area location): o Joint access and building pads should be considered to ensure that the area does not become over powered by pavement and the orientation of the house do not result in a monotonous look; and. o Building pads should be considered to determine building orientation and spacing; and o Additional architectural variations should be shown for this area; and o This area will require a design review application prior to building permit; and Page 22 of 35 K:IPlanning DeptlEagle ApplicationslSUBSI20061Eaglefield Estates II PUD ccf.doc o Maintenance for this area should be completed through a sub-home owners association controlling both landscaping and building maintenance. . In "The Cedars II" (See Exhibit 1 for product area location) to diminish the feeling of a garage dominated streetscape this area should be conditioned to include alley access as well as shared access and side entry garages. . The applicant is proposing the main entrance to this development from Linder Road. A portion of the entry feature and landscaping is located on the adjacent property to the north. The adjacent property is not included in this application and is not under the jurisdictional authority of the City of Eagle. The applicant should provide documentation from the appropriate property owners granting easements to construct and maintain this access point and buffer prior to the City Clerk signing the final plat for the development. . The applicant's landscape plan shows landscape improvements and the removal of access points on the Reeser property located to the north of this site. This property is outside of the jurisdictional authority of the City of Eagle. The applicant should provide documentation from the appropriate property owners granting easements to construct and maintain this landscape area and agreeing to the removal of the access point or submit a new landscape plan and preliminary plat removing these items. . Provide a revised preliminary plat and landscape plan showing the sidewalk along Linder Road meandering slightly while ensuring compliance with the Americans with Disabilities Act. . Similar to Eaglefield Estates to the west of this project, vertical curb should be provided in areas with alley loaded lots. . The applicant is requesting a reduce landscape buffer along Lot 8, Block 3 to accommodate the retention of the existing house. The landscape buffer in this area would be reduced from 50-feet to 20-feet. The applicant is proposing the 20-foot buffer within an easement on Lot 8, Block 3, and would not be contained in a common lot of the development. For maintenance purposes staff would prefer that the landscape buffer be contained within a common lot thus Lot 8, Block 3, would be reduced to 11,309-square feet. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone, Conditional Use Permit, Preliminary Development Plan and Preliminary Plat applications 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 July 5, 2006, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission no one. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). Page 23 of 35 K:IPlanning DeptlEagle ApphcationsISUBS\2006IEaglefield Estates II PUD ccfdoc COMMISSION DECISION: The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval of A-1O-06/RZ- 12-06/CU-04-06/PPUD-02-06/PP-12-06,for Eaglefield Estates II PUD for Eaglefield Estates, LLC, with the staff recommended "conditions of development" to be placed within a development agreement and the site specific and standard conditions of approval shown within their Findings of Fact and Conclusions of Law document, dated July 17, 2006. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on August 22, 2006, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in opposition to this proposal was presented to the City Council by no one. C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the applicantlrepresentati ve). COUNCIL DECISION: The Council voted 4 to 0 to approve A-1O-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06 for an annexation, rezone, conditional use permit, preliminary development plan, and preliminary plat for Eaglefield Estates II PUD for Eaglefield, LLC, with the following Planning and Zoning Commission recommended "conditions of development" to be placed within a development agreement and the site specific conditions of approval and standard conditions of approval (following the conditions to be placed within the Development Agreement) with text shown with strike thru to be deleted by the Council and text shown with underline to be added by the Council: CONDITIONS TO BE PLACED WITHIN THE DEVELOPMENT AGREEMENT 2.1 The maximum density for the Property shall be 3.71-dwelling units per acre (34 residential lots, 18 single family lots and 5 four-plex lots). 2.2 The owner shall submit a Design Review application for the site (as required by the Eagle City Code), and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to the City Clerk signing the final plat. 2.3 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design Review Board and City Council prior to the issuance of any building permits. 2.4 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. 2.5 The Property Owners shall remove all existing structures (with the exception of the residential dwelling) located near the southeast corner of the Property from the site prior to the issuance of any building permits for the site. Demolition permits shall be obtained prior to the removal of said structures. 2.6 Eagle hereby acknowledges that the attached typical housing styles and lot layout plan (Exhibit "C") represents an example of the Property Owners' current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the concept plan and related designs herein. The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the "Conditions of Development" stated herein. Page 24 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006lEaglefield Estates Il PUD ccf.doc 2.7 Prior to issuance of any building permits, the Property Owner shall provide proof of adequate sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 2.8 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, along all with all of the conditions as provided within this development agreement. 2.9 The Memorandum of Agreement for the extension and use of the municipal water system shall be executed, reviewed, and approved by the City Attorney prior to the City Clerk signing the final plat. 2.10 As required by Title 6 Chapter 5 Eagle City Code, the Property shall become part of the City of Eagle's municipal water system. The water main size, to be determined by the City Engineer, at the time of the final plat review shall be dedicated to the public and shall only be constructed on rights of way or easements. Easements or permits secured for the main extension shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension. Water mains shall be extended by the applicant as designated by the City Engineer where future water system extensions are expected to occur. The developer shall enter into a "Memorandum of Agreement" to provide sufficient water to Eaglefield Estates II Subdivision in compliance with and consistent with the intent of City of Eagle Ordinance No. 479 prior to adoption of an ordinance of annexation. 2.11 The following reduced dimensional standards are approved: e e ars - - one smgle amity etac e Requested Setbacks (additional setback per storv) (in feet) Min. Front Rear Interior Street Side Minimum Lot Minimum Street Size (square feet)* Side Width Frontage 5,741 20'** 20' *** 7.5' (5') 20' 50' 35' Th Cd II R4Z (' I f '1 d h d) * All lots less than 5,999-square feet shall be alley loaded. All lots between 6,000-square feet and 7,999- square feet shall have shared/common drives. **See site specific condition of approval number 29 ***See site specific condition of approval number 29 e a es - one our-! ex ots Requested Setbacks (additional setback per story) (in feet)(minimum 15-feet Min between buildings) Size (square feet)* Front Rear Interior Street Side Minimum Lot Minimum Street Side Width Frontage 14,064 20' 20' 5' 20' 42' 35' Th G bl II MU Z (f 2.12 Lot access is generally shown on Exhibit "D". Page 25 of 35 K:IPlanning DeptlEagle ApplicationsISUBSl2006\Eaglefield Estates II PUD ccfdoc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-12-06. 2. Comply with the requirements of the City Engineer. 3. The applicant shall submit payment to the City for all outstanding Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. Comply with all site specific conditions provided within the Eagle Fire District letter dated, May 10, 2006. 5. The applicant's properties shall be annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to the approval of a final plat for this site. 6. The applicant shall submit a design review application including, but not limited to: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house, 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat. 7. 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 at each side property line, or as approved by the Design Review Board and within five feet (5') ef the edge af the readway. The trees shall be located in the 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements witkin the swales (serre..... aitekes). 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. 8. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 9. Provide a landscape plan showing berming, fencing, and planting details within the required 50- foot wide buffer area along Linder Road abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. 10. An alternative method of compliance for the 20-foot wide buffer adjacent to Lot 8, Block 3, along Linder Road shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 11. The applicant shall provide a copy of the CC&Rs stating that all common areas are to be owned and maintained by the Eaglefield Estates II Subdivision Homeowner's Association for review and approval by the City attorney prior to the approval of the final plat. The CC&Rs for the Eaglefield Estates II Subdivision Association shall provide that the association shall have the duty to maintain Page 26 of 35 K:IPlanning DeptlEagle ApplicationslSUBSI20061Eaglelield Estates II PUD ccf.doc and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. 12. Provide documentation from the appropriate property owners granting easements to construct and maintain West Escalante Drive with the associated landscape buffer located on the property to the north of this site (noted as Scott Resser on the preliminary plat date stamped by the City on June 26, 2006) prior to the City Clerk signing the final plat for the development. 13. Provide documentation from the appropriate property owners granting easements to construct and maintain the landscape buffers along Linder Road and approval to remove the southern access to the property to the north of this site (noted as Scott Resser on the preliminary plat date stamped by the City on June 26, 2006) from Linder Road as shown on the landscape plan date stamped by the City on April 21, 2006, or submit a revised landscape plan and preliminary plat removing these items. 14. Provide a revised preliminary plat and landscape plan showing the sidewalk along Linder Road meandering slightly while ensuring compliance with the Americans with Disabilities Act. The revised preliminary plat and landscape plan shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 15. Provide a revised preliminary plat showing vertical curb on streets with dwelling units that are accessed by alleys. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 16. Provide a revised preliminary plat showing the 20-foot wide buffer along Linder Road located adjacent to Lot 8, Block 3, to be located within a conunon lot of the development. The revised preliminary plat shall show Lot 8, Block 3, reduced to 11,309-square feet. The revised preliminary plat shall be reviewed and approved by staff prior to the City Clerk signing the final plat. The reduced setbacks for the existing house located on Lot 8. Block 3, are permitted. 17. The following comments are specific to 'The Gables II" (See Exhibit I for product area location): . Joint access and building pads shall used to ensure that the area does not become over powered by pavement and the orientation of the house do not result in a monotonous look; and. . Building pads shall be considered to determine building orientation and spacing; and . Additional architectural variations shall be shown for this area; and . This area will require a design review application prior to building permit; and . Maintenance for this area shall be completed through a sub-home owners association controlling both landscaping and building maintenance. 18. Lot access in the "Cedars II" area shall be regulated by Exhibit "D" of the development agreement. 19. The applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&Rs to review the architecture style of the homes to be constructed in this development. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat for phase one. 20. Provide plans showing street lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. Page 27 of 35 K:IPlanning DeptlEagle ApplicationsISUBSI2006IEag1efield Estates II PUD ccfdoc 21. All utility poles providing service to the existing structures on the site shall be removed, prior to the issuance of any building permits for the site. All utility service lines serving existing structures shall be placed underground prior to the issuance of any building permits for the site. 22. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 23. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site, prior to approval of a final plat. 24. Extend the landscaping within the buffer along Linder Road to within nine feet (9') from the edge of pavement. The nine feet (9') between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 25. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 26. All street names shall comply with the requirements of the Ada County Street Naming Committee. 27. The applicant shall install at the entrances to Gladstone Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3- feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 28. Vertical curb shall be installed on both sides of Cardiff Wav with curb cuts for the shared driveways located on the east side of the street. Rolled curb shall be installed along West Brunmier Street (so as to match that which was approved in Eaglefield Estates). 29. The following setbacks shall apply in the "Cedars": 15-foot front setback and 15-foot rear setback: Lots 1, 3. 5. and 7, Block 2 20-foot front setback and 15-foot rear setback: Lots 2, 4. 6. and 8. Block 2 15-foot front setback if side entry garage but 20-foot front setback if front entry garage: Lots 8, 9, 10, and 11, Block 1 STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39- 118). Page 28 of 35 K:\Planning Depl\Eagle Applicalioo:i\SUl3S\2006\EagJefidd Eslatcs II PLJU Ci.:f.duc 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 City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Page 29 of 35 K:IPlanning DeptlEagle ApplicationsISUBS\2006IEaglefield Estates II PUD ccf.doc 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. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved 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. IS. 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 Page 30 of 35 K:IPlanning DeptlEagle ApplicationsISUBSI2006IEag1efield Estates II PUD ccfdoc lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. No 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)). 28. 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. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and Page 31 of 35eK:IPlanning Depl\Eagle ApplicalionslSUBSI20061Eagldicld ES",les II PUD ccfdoc related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held from 6:00 -7:00 PM, March 9, 2006, on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 21, 2006. 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 June 19, 2006. 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, June 14.2005. The site was posted in accordance with the Eagle City Code on June 22, 2006. Requests for agencies' reviews were transmitted on May 3, 2006 in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle City Council was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 24, 2006. 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 July 19, 2006. The site was posted in accordance with the Eagle City Code on July 28, 2006. 3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone (A-IO-06/RZ-12-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed annexation and rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD), is in accordance with the Transitional Residential classification as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist. or are required to be provided, to serve a single-family dwelling residential subdivision on this property under the proposed zone; c. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD) zoning districts are compatible with the R-2-DA (Residential with development agreement) zone to the east since this development proposes to provide residential uses, lot sizes and amenities that would be compatible with the existing residential uses; d. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD) zoning districts are compatible with the R-R (Rural Residential - Ada County designation) zone the north since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; Page 32 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006IEaglefield Estates [I PUD ccf.doc e. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD) zoning districts are compatible with the R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD) zone to the west since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; f. The proposed R-4-DA-P (Residential up to four units per acre with a development agreement PUD), and MU-DA-P (Mixed Use with a development agreement PUD) zoning district is compatible with the R-R (Rural Residential - Ada County designation) zone the north since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. 3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-04-06/PPUD-02-06/PPI2-06) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The intent of the Eaglefield Estates II PUD is to provide a development with a transition of lot sizes, usable open space with pathways interconnected with the City pathway network and adjacent development. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The Eaglefield Estates II PUD is designed to not exceed the 3.71-units per acre maximum which is shown on the Western Area Plan Map. The surrounding properties are in the process of currently being developed at a density not to exceed 3.71-units per acre maximum. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will have access to Linder Road a minor arterial which will eliminate traffic through adjacent development. The site will also be serviced by central water and sewer therefore not contaminating or depleting the existing wells in the area. 4. That the development does not involve uses, activities. processes, materials. equipment. and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors because; No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because; Page 33 of 35 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Eaglelield Estates II PUD ccfdoc All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. The addition of more residences to the area may help facilitate the construction of new buildings within the School system. 6. That the development will not create excessive additional requirements at public cost for public facilities and services because: All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal because; The development plan was designed with consideration given to usable open space, ponds, and pedestrian pathways. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from Linder Road. The design and construction of the roadways and entrances is guided by the Ada County Highway District. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; No natural, scenic, or historical features are known to exist on the site. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because: The proposed development fits well with the Comprehensive Plan since the Plan calls for Transitional Residential. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the development will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The development provides for a residential use in proximity to a minor arterial and provides pathway connections to adjacent developments and the City pathway network. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 34 of 35 K:IPlannillg DeptlEagle ApplicationslSUBSl2006IEaglefield Estates Il PUD ccf.doc DATED this 12th day of September 2006. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ,........... . ~" -" ..'" C\TY Op .... #.. ......... A.. ~.. . v . i ~.. CORPO ...."10':0':0 I: ~.." \ r" -: : CI) :i l'> ..... ~ , tl1 : : ~ \n U'~" m: : . 0 <:. )- \ '7~..~ -1~ i \.. ~ "':~ral!}~~ · I .. 0-=--....-. .. ~J;> IDA\\O ,'" .,.~ Page 35 of 35 K:IPlanning DeptlEaglc ApphcationslSUBSI20061Eagletield Estates II PUD cel.doc