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Findings - CC - 2019 - A-03-19/RZ-08-19/CU-05-19/PPUD-04-19 & PP-06-19 - 184-Lot Subdivision/2810 N Lanewood Rd/2553 N Linder Rd
BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) i'kOM RUT (RURAL-URBAN TRANSITION ) —ADA COUNTY DESIGNATION)TO R-3-DA-P ) (RESIDENTIAL WITH A DEVELOPMENT ) AGREEMENT—PUD),CONDITIONAL USE ) PERMIT,PRELIMINARY DEVELOPMENT ) PLAN,AND PRELIMINARY PLAT FOR ) LANEWOOD NORTH SUBDIVISION FOR ) SCS BRIGHTON,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-19IRZ-08-19/CU-05-19IPPUD-04-19 AND PP-06-19 The above-entitled annexation, rezone with a development agreement, conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their consideration on September 10, 2019, at which time public testimony was taken. The applications were continued to October 8, 2019, October 22, 2019, and November 12, 2019, 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: SCS Brighton, LLC., represented by Michael Wardle, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Lanewood North Subdivision, a 184-lot (160-buildable, 24- common) residential planned unit development. The 81.16-acre site is located between North Lanewood Road and North Linder Road approximately 1,100-feet south of the intersection of North Lanewood Road and West Beacon Light Road at 2810 North Lanewood Road and 2553 North Linder Road. B. APPLICAHON SUBMITTAL: A Neighborhood Meeting was held at Galileo Stem Academy at 6:30 PM, on Wednesday, February 13, 2019, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 15, 2019. A revised narrative was received by the City of Eagle on June 25, 2019. A revised preliminary plat was received by the City of Eagle on October 30, 2019. C. NO 110E OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 19, 2019. 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, 2019. Requests for agencies' reviews were transmitted on May 16, 2019, in accordance with the requirements of the Eagle City Page 1 of 32 KAPlanning DeptTagle ApplicationsU'reliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc Code. The site was posted in accordance with the Eagle City Code on July 12, 2019. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 24, 2019. Notice of this public hearing was mailed to property owners within three- hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 23, 2019. The site was posted in accordance with the Eagle City Code on August 28,2019. D. HISTORY OF RELEVANT PREVIOUS AC11ONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (of which the subject property is a portion of) (Ada County File # 200700017 — S/ZC/PUDIDA). (The western half of the property — Ada County parcel #5040212300) E. COMPANION APPLICA'i'iONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNAI IONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION • Existing Neighborhood R2(Medium Low Density Agricultural Residential Residential—Ada County designation)and RUT (Rural-Urban Transition— Ada County designation) Proposed No Change R-3-DA-P(Residential with Single-Family,Residential a development agreement— Planned Unit Development PUD) North of site Neighborhood R2(Medium Low Density Agricultural Residential Residential—Ada County designation)and RUT (Rural-Urban Transition— Ada County designation) South of site Neighborhood R-3-DA-P(Medium Low Future Single-Family Residential Density Residential—Ada Residential(Lanewood County designation)and Subdivision No. 5)and RUT(Rural-Urban Agricultural Transition—Ada County designation) East of site Neighborhood RUT(Rural-Urban Single-Family Residential Residential with Transition—Ada County (unplatted parcels and Neighborhood designation) Foursome Heights Subdivision) Transition West of site Neighborhood R-2-DA-P(Residential with Single-Family,Residential Residential a development agreement— Planned Unit Development PUD) (Brookway Subdivision) .•.. Page 2 of 32 KAPlanning Dept\Eagle Applicationaroliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc G. DESIGN REVIEW OVERLAY DISiRICT:Not in the DDA, WA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—81.16-acres Total Number of Lots— 184 Residential— 160 Commercial—0 Industrial— Common—24 Total Number of Units- 160 Single-family— 160 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels— Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.97-dwelling units per acre 1.97-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 11,200-square feet 10,000-square feet Minimum Lot Width 80-feet 75-feet Minimum Street Frontage 40-feet 35-feet Total Acreage of Common Area 20.57-acres 16.23-acres minimum Open Space Percent of Site as Common Area 25.34% 20% Open Space Except that, according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. • GENERAL SITE DESIGN FEA'iURES: Landscape Screening: The preliminary plat and preliminary site development plan, date stamped by the City on May 15, 2019, shows 35-foot wide common lots located adjacent to North Lanewood Road (collector) and North Linder Road(principal arterial). Page 3 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019U.anewood North Sub ccf pathway.doc Open Space: A total of 20.57-acres of open space is proposed (inclusive of the planter strips). The required buffer areas located adjacent to North Lanewood Road and North Linder Road will be contained within common lots. The remaining open space areas are inclusive of a swimming pool with pool house, tot lot, pathways throughout the development, a drainage ditch, and common lots located between the streets and side yards of lots located in proximity to the streets. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. 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)—Yes There are two(2)existing homes located within the site that are served by septic systems. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. S'II{EET DESIGN: Private or Public Streets: The preliminary plat, date stamped by the City on May 15, 2019, shows three (3) street sections associated with the proposed development. The street section associated with the local streets within the development shows a 48-foot right-of-way inclusive of a 33-foot travelway (measured from back of curb to back of curb). The right-of-way is also inclusive of the 7.5-feet of the 8-foot planter strip located on each side of the street. The remaining.5-feet of the planter strip and the 5- foot sidewalks are located within the individual lots. The street section associated with West Estuary Street and West Tio Ramon Street shows a 67-foot right-of-way inclusive of two (2), 21- foot travelways (measured from back of curb to back of curb), inclusive of a 10-foot landscape island. The right-of-way is also inclusive of the 7.5-feet of the required 8-foot planter strip located on each side of the street. The remaining .5-feet of the planter strip and the 5-foot sidewalks located on each side of the street are located within the common lots. The street section associated with North Lanewood Road shows 25.5-feet of right-of-way (measured from centerline to back of curb), with an 18-foot wide travel lane (measured from back of curb), and 7.5-feet of the 8-foot Page 4 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc wide planter strip. The street section also shows .5-feet of the planter strip and the 5-foot wide sidewalk located outside of the right-of-way. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None proposed. Cul-de-sac Design: One(1)cul-de-sac is proposed: • North Rivington Place: 350-feet in length,48.5-feet in radius(measured to back-of-curb). Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips located within the proposed right-of-way on both sides of all interior public roadways. A detached 5-foot wide concrete sidewalk is proposed along North Lanewood Road and North Linder Road. 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 incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDES'II{IAN/BICYCLE CIRCULA'i'iON: Pedestrian Walkways: The preliminary plat and preliminary site development plan shows several pathways providing inner connectivity are proposed throughout to be located within common lots throughout the development. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement,as may be specified by the City Council. L. PUBLIC USES PROPOSED:None proposed. M. PUBLIC USES SHOWN ON FUlURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEAiIJRES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees — yes — located in proximity to the two (2) existing homes adjacent to North Lanewood Road and North Linder Road. Riparian Vegetation—no Page 5 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc Steep Slopes—no Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated July 8, 2019,are of special concern (attached to the staff report). City Water Superintendent: Storage and Trunk Line (S'I'L) Fee Waiver Request — Memo approving waiver to delay payment of Eagle Municipal Water S'I'L fees, dated May 16, 2019 (attached to the staff report). City Water Superintendent: All comments within the City Water Superintendent's email dated May 17,2019,are of special concern(attached to the staff report). City Trails and Pathways Superintendent Ada County Highway District Andeavor Ballantyne Ditch Company Central District Health Department Communities in Motion 2040 2.0 Development Review(COMPASS) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Idaho Transportation Department(Erika Bowen,email correspondence dated June 10,2019) Sawtooth Law Offices(on behalf of Drainage District#2) West Ada School District Q. LEIlERS FROM'il-IE PUBLIC:None received to date. R. PROPOSED'lIME SCHEDULE FOR'i'HE DEVELOPMENT OF'[HE SITE: The phasing plan shows the development to be constructed in three (3) phases. The applicant provided email correspondence, dated June 25, 2019, indicating the development will be completed within three(3)years. S. EAGLE Cii'Y CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 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. Page 6 of 32 KAPianning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce 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. 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. Page 7 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAYF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'[HIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. WA'!ER SYS1EM CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING'i'FIIS PROPOSAL: • Eagle City Code Section 6-5-21: Easement: Each applicant and user gives and grants to the City of Eagle an easement and right of way on and across his property for the installation of water mains and the necessary valves and equipment in connection therewith. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 'IHIS PROPOSAL: • Eagle City Code Section: 8-2-1: Districts Established,Purposes and Restrictions: R RESIDENTIAL DIS'i'RICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two(2) acres(R- E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles,the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. Page 8 of 32 KAPlanning DeptTagle ApplicationsTroliminary Development Plans\2019\C.anewood North Sub ccf pathway.doc • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum 'i Note Conditions A To E* 1 Maximum 'i Lot Area i ____ Lot i (Acres Or ; Minimum Zoning ; Maximum ' '; Interior j Street I Covered F Square 1 Lot District i Height I Front i Rear I Side I Side And J* Feet)H* 'Width I* R-3 35' i 30' 25' 7.5' 20' 40% i 10,000 75' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7(J)(4)(a): Landscape and Buffer Area Requirements: 4. Major Roadways:New residential developments, including,but not limited to,subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet(35') wide buffer area(not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5') high, maximum eight foot(8') high, berm, 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(1')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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. c. Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental Page 9 of 32 KAPlanning DepHEagle ApplicationsTreliminary Development Plans\2019U.anewood North Sub ccf pathway.doc trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, 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(1')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. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent(10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the Council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering);and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under Section 8-2-4 of this Title. • 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; Page 10 of 32 KAPlanning DeptWagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 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. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING 'rHIS PROPOSAL: • Eagle City Code Section 9-2-3 (C): Preliminary Plat: Required Information and Data: 3. The following shall be submitted separately: m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles; n. Any dedications to the public and/or easements, together with a statement of location, dimensions and purpose of such;and • Eagle City Code Section 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. Page 11 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by section 9-1-6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlight. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function,and the responsibilities of ownership, maintenance, and liability. B. Location: 1. The city shall require the creation and maintenance of pathways (except in cases where it is shown to be inappropriate),that provide access to adjacent: h. In similar cases where deemed appropriate. D. DISCUSSION(based on the preliminary plat/preliminary site development plan, date stamped by the City on May 15, 2019): • The applicant provided an aerial photo, date stamped by the City on May 15, 2019, which shows two (2) residential dwellings and several accessory structures are currently located on the site. The preliminary plat/preliminary site development plan does not identify the location of the structures. Based on the location of the existing structures the applicant should be required to obtain a demolition permit from the Eagle Building Department to remove the structures. The structures should be removed prior to the City Clerk signing the final plat. The residential dwellings are served by individual potable wells and septic systems. The preliminary plat does not identify the location of the individual wells or septic systems of the residential dwellings. The applicant should be required to provide documentation from the subdivision contractor indicating the potable wells and septic systems located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. • A portion(eastern 40-acres) of the proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (S'I'L) fee is to be provided at the time of preliminary and final plat. The amount for SIL fee is $2,100/Equivalency Residential Customer(ERC) an ERC is equivalent to each residential buildable lot. The applicant has submitted an email request for waiver to the City of Eagle Water Department, dated May 6, 2018, to delay paying the required S'IL fee. The applicant is requesting to delay paying the required SIL fee until such time a final plat application is submitted for the area located within the City of Eagle's Municipal Water Service Area. Based on 84-lots, the total SIL fee required for the subdivision is $176,400.00. The applicant received approval from the City of Eagle Water Department (of the waiver request)on May 16, 2019. The SIL fee is to be paid on a sliding scale,the first installment for the fees associated with the preliminary plat and the first final plat located within the area served by the City of Eagle Municipal Water System should be paid at the time of submittal of Page 12 of 32 KAPlanning DeptTagle ApplicationsU'roliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc the first final plat application for the area located within with the City's water service area. The preliminary plat S'I'L fees to be paid for the subject subdivision is based upon the following calculation: $1,032.906 + (-1.221 x Total Lots). Based on 84-buildable lots the Sit fee to be paid at the time of preliminary plat application is $86,764.10 with the remaining portion of the $176,400.00 to be paid at the rate of($2,100.00 minus Preliminary Plat Fee per lot) x Lots in Final Plat or$1,067.104 x Lots in Final Plat. • The preliminary plat/preliminary site development plan does not delineate the locations of the stormwater facilities. Pursuant to Eagle City Code Section 8-2A-7(M), within residential developments one shade class(class II)tree is required to be located on both sides of all streets within the eight foot(8') wide landscape strip between the sidewalk and the curb. Trees are to be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet(35')and a maximum of eighty feet (80') of street frontage. In the event the stormwater facilities are located within the landscape strip area, trees will be prohibited to be planted at these locations. To prevent this from occurring, the applicant should be required to provide a revised preliminary plat/preliminary site development plan showing subsurface stormwater facilities to be located outside of the required landscape strip areas. The revised preliminary plat/preliminary site development plan should also delineate the locations of all ACRD stormwater easements and contain a new plat note that identifies the location of all ACRD storm drainage easements. The revised preliminary plat/preliminary site development plan should be provided prior to submittal of design review application. • The preliminary plat/preliminary site development plan shows the portion of the common lots (Lot 14, Block 9 and Lot 1, Block 11) located adjacent to North Linder Road at 35-feet in width. The applicant should be required to provide a revised preliminary plat/preliminary site development plan showing the portion of the common lots (Lot 14, Block 9 and Lot 1, Block 11) located adjacent to North Linder Road at a minimum of 75-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(c). The revised preliminary plat/preliminary development plan should be provided prior to submittal of a design review application. • The applicant provided a "Lanewood North Fencing Plan" date stamped by the City on May 14, 2019, which identifies the locations of two (2) proposed styles of fencing within the development consisting of 6-foot tall, stained cedar fence or 5-foot tall,clear view metal fence. The fencing plan shows the 6-foot tall, stained cedar fence located adjacent to common areas within certain areas of the development. Pursuant to Eagle City Code Section 9-3-10, Fences, any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. Any fencing located adjacent to common area open spaces and on the street side of all corner lots should be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). The applicant should be required to provide a revised "Lanewood North Fencing Plan"exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-08-19). Page 13 of 32 KAPlanning DeptTagle Applicationareliminary Development Plans\2019U.anewood North Sub ccf pathway.doc • The Trails and Pathways Superintendent, provided email correspondence, dated May 17, 2019, which indicated that if the canal that runs through the development will have to be maintained and access will be provided for maintenance, the City should be granted a public access easement in the same area. The correspondence further states, a pathway should be constructed that will also serve as the irrigation access road. The pathway should be built to the City's natural surface pathway standards, so that it will withstand vehicle and equipment traffic. The request is consistent with the City's Master Trail Plan to develop canal pathways when development occurs. The preliminary plat/preliminary site development plan identifies a 50-foot wide easement for Drainage District No. 2 located within Lot 10, Block 1, Lot 18, Block 3, and Lot 5, Block 4. The applicant should be required to provide a revised preliminary plat/preliminary site development plan which identifies a 10-foot wide natural pathway located within a 20-foot wide pedestrian access easement. The applicant should provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum 10-foot wide pathway along the portion of the Property located adjacent to the Drainage District No. 2 facility. The pathway should be constructed in conformance with the City of Eagle standards for a natural pathway prior to the City Clerk signing the final plat associated with the phase of the development where the pathway is located. A surety for the construction of the pathway will not be accepted, therefore the pathways should be completed prior to the City Clerk signing the final plat. The specific location and design of the pathway should be approved by the City of Eagle Park, Pathway, and Recreation Commission prior to submittal of a design review application. The pathway should be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s)wherein the pathway is located. • The preliminary plat/preliminary site development plan does not contain a plat note referencing that the development is subject to the conditions of development associated with the rezone. The applicant should be required to provide a revised preliminary plat with a new plat note stating, "Development of this property shall be in conformance with Eagle City Code or as pursuant to the development agreement associated with RZ-08-19 or any subsequent modifications." The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • The properties located adjacent to the site are currently utilized for agricultural operations. The preliminary plat/preliminary site development plan does not contain a plat note referencing Idaho Code Section 22-4503, regarding Right to Farm. The applicant should be required to provide a revised preliminary plat/preliminary site development plan with a new plat note which states, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation,agricultural facility or expansion thereof."The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • The applicant is requesting a reduction of the required setbacks to match the setbacks associated with the previously approved Lanewood Subdivision. The proposed setbacks identified on the applicant's narrative, date stamped by the City on June 25, 2019, are as follows: Page 14 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc Front 20-feet (living area) 25-feet(garage) Rear 25-feet Interior Side 5-feet(first story) 5-feet(each additional story) Street Side None proposed The applicant is requesting a R-3-DA-P (Residential with a development agreement— PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3 (Residential)zoning designations: Front 30-feet Rear 25-feet Interior Side 7.5-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R-2 zoning district. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat,date stamped by the City on May 15, 2019, shows a typical street section for the interior streets with .5-feet of the 8-foot wide planter strip and the five foot (5') wide detached sidewalk being located within the property. Based upon the requested 25-foot front setback for the garage area, a driveway with a minimum 19.5-feet length would be located behind the sidewalk and the front of the garage allowing for vehicles to possibly overhang the sidewalk. The front setback for a front-load garage should be a minimum of 31-feet to allow for vehicles to be parked in front of the garage without overhanging the sidewalk. The applicant is proposing a side setback of 5-feet with an additional 5-feet for two-story structures. Although the applicant is requesting reduced side yard setbacks, the lots are in conformance with the minimum lot width (75-feet) for the R-3 (Residential) zoning district; therefore, the applicant should be required to comply with the required 7.5-foot side yard setback. It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 20-feet(living and/or side entry garage) 31-feet(front-load garage) Rear 25-feet Interior Side 7.5-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • The preliminary plat/preliminary site development plan identifies an"Eagle Water District 12" water main to service east property" extending from North Lanewood Road through common lots located within the western half of the development and extending to a public road at the intersection of West Estuary Street and North Fruntz Drive. The water main is shown to be located within the following common lots: Lot 1 Block 2, Lot 18, Block 3, Lot 3, Block 5, and Lot 4, Block 7. This water line will be an extension of the City of Eagle's Municipal Water System. The City of Eagle Municipal Water System is controlled by the City of Eagle Page 15 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc and is not a part of a district. The applicant should be required to provide a revised preliminary plat/preliminary site development plan identifying the "Eagle Water District 12"water main to service east property," located within Lot 1 Block 2, Lot 18, Block 3, Lot 3, Block 5, and Lot 4, Block 7 to be referenced as "City of Eagle Municipal Water System 12" water main to service east property." The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. Typically, potable water lines are located within the public street right-of-way and not within common lots. Plat note #4 of the preliminary plat/preliminary site development plan identifies the common lots of the development and who is responsible for the maintenance of the common lots, however, plat note #4 does not identify the common lots has having any associated easements. The applicant should be required to provide a revised preliminary plat/preliminary site development plan showing the City of Eagle's Municipal Water System 12" water main located within a 20-foot wide City of Eagle Municipal Water System easement. The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat/preliminary site development plan does not show a streetlight located at the intersection of North Linder Road and West Tio Ramon Street. Since this is the one of the entries to the development the applicant should be required to provide a revised preliminary plat/preliminary site development plan showing a street light located at the intersection of North Linder Road and West Tio Ramon Street. The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #1 of the preliminary plat/preliminary site development plan states, "Eagle Water Water Company :sic] or Suez will provide domestic water service to each lot." The subdivision will receive potable water service from the City of Eagle Municipal Water System or Suez. The applicant should provide a revised preliminary plat/preliminary site development plan with plat note #1 revised to state, "The subdivision will receive domestic water service from the City of Eagle Municipal Water System and Suez as shown herein." The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #4 of the preliminary plat/preliminary site development plan states, "Lots 1 and 10, Block 1, Lots 1, 12, and 16,Block 2, Lot 18, Block 3, Lots 1, 5, and 16, Block 4,Lot 3,Block 5, Lots 1 and 14, Block 6, Lots 4, 9, 16, 25, and 36, Block 7, Lots 6 and 13, Block 8, Lots 1, 8, and 14, Block 9, Lots 1 and 10, Block 10 and Lots 1 and 13, Block 11 are common lots to be maintained by the homeowner's association." The preliminary plat/preliminary site development plan shows pressurized irrigation located within the common lots. Also,there may be a need to locate public utilities within the common lots, and there will be drainage with to or from the common lots. The plat note is silent to the ownership of the common lots. The applicant should be required to provide a revised preliminary plat/preliminary site development plan with plat note #4 revised to state, "Lots 1 and 10, Block 1, Lots 1, 12, and 16, Block 2, Lot 18, Block 3, Lots 1, 5, and 16, Block 4, Lot 3, Block 5, Lots 1 and 14, Block 6,Lots 4, 9, 16, 25, and 36, Block 7, Lots 6 and 13, Block 8, Lots 1, 8, and 14, Block 9, Lots 1 and 10, Block 10 and Lots 1 and 13, Block 11 are common lots to be owned maintained by the homeowner's association. The common lots shall have a blanket public utility, drainage, and irrigation easement." The revised preliminary plat/preliminary site development plan should be submitted prior to submittal of final development plan and final plat applications. Page 16 of 32 KAPlanning DeptTagle AppGcationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce • Plat note#5 of the preliminary plat/preliminary site development plan states, "Lot 12, Block 2, Lots 16 and 36, Block 7, and Lot 8, Block 9, are designated as common driveways to provide access to Lots 10 and 11, Block 2, Lots 15, 33, 34, and 35, Block 7, and Lots 6 and 7, Block 9, respectively. Said Lots 12, 16, 36, and 8 are to be owned by Lanewood North Subdivision, or assigns and the owners of the Lots which will benefit from use of the common driveway shall maintain repair, and/or replace at their own cost and expense said driveway. Lots 12, 16, 36, and 8 are also encumbered by a blanket public utilities and Eagle Sewer District easement." As written, the plat note addresses access, however, it does not address the lots as having a perpetual easement for that access. Also, the plat note does not address the Blocks associated with the Lots throughout the plat note, therefore, in regard to the blanket easement it may be confusing as to the actual lots that may be encumbered by a blanket easement. The applicant should be required to provide a revised preliminary plat/preliminary site development plan with plat note#5 revised to state, "Lot 12, Block 2, Lots 16 and 36, Block 7, and Lot 8, Block 9, contain a perpetual easement to provide ingress/egress to Lots 10 and 11, Block 2, Lots 15, 33, 34, and 35, Block 7, and Lots 6 and 7,Block 9,respectively. Said Lot 12,Block 2,Lots 16 and 36, Block 7, and Lot 8, Block 9, are to be owned by Lanewood North Subdivision, or assigns and the owners of the lots which will benefit from use of the ingress/egress shall maintain repair, and/or replace at their own cost and expense said driveway. Lot 12, Block 2, Lots 16 and 36, Block 7, and Lot 8, Block 9, are also encumbered by a blanket public utilities and Eagle Sewer District easement." The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #8 of the preliminary plat/preliminary site development plan states, "Minimum building setback lines shall be in accordance with Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved by the conditions of the development agreement for the City of Eagle RZ Instrument No. Records of Ada County, Idaho and subsequent modifications prior to submittal of the final plat application." _sic] Since the applicant is requesting approval of a planned unit development the approved setback will be located within the Site Specific Conditions of Approval and not within the Conditions of Development of the development agreement. Also, the reference to the development agreement and subsequent modifications occurring prior to submittal of a final plat application may not be appropriate since a development agreement modification may be submitted at any time. The applicant should be required to provide a revised preliminary plat/preliminary site development plan with plat note #8 revised to state, "Minimum building setbacks lines shall be in accordance with the City of Eagle Zoning Code at the time of issuance of the building permit or as specifically approved."The revised preliminary plat/preliminary site development plan should be provided prior to submittal of final development plan and final plat applications. • Andeavor provided an email, dated May 17, 2019, indicating that(based on the design of the subdivision) the applicant had not taken their easement or easement restrictions into consideration. The email further stated that Andeavor would reach out to Brighton to discuss design options. Since that time Andeavor and the applicant conducted a meeting to discuss design options to address Andeavor's concerns. Andeavor provided a second email, dated June 28, 2019, which indicated that Brighton is agreeable to working with Andeavor through the design process to take safety and construction requirements into consideration. Based on the meeting, safety, and construction requirements Andeavor is requesting the opportunity to Page 17 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc review the design plans before final plat approval. The applicant should be required to provide correspondence from Andeavor approving the design and construction plans associated with the final plat. The correspondence should be provided at the time of submittal of final development plan and final plat applications. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on August 5, 2019, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by one(1) individual who indicated the following: • The proposed subdivision is consistent with Homestead Subdivision (fka Lanewood Subdivision) and should be approved. C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by two(2) individuals who indicated the following: • The proposed development is designed as a cookie cutter subdivision where there is no thought in planning. • The buffer located along North Linder Road should be constructed to be in conformance with Eagle City Code. • The applicant should not be permitted to utilize wood fencing due to how it will look in ten years from being installed. • The berms should be high enough that the homes within the subdivision are not visible. • The property should be zoned R-2 instead of R-3 so that the lots are not reduced in size. • The buffer berm should be high enough and contain sufficient landscaping so that you cannot see lights from televisions on the second story of the homes located adjacent to the berm. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by one(1) individual who indicated the following: • The proposed buffers should provide a nice entry to the subdivision and shield the homes from the adjacent roadways. • Wood fencing should never be permitted. The applicant should be required to utilize woodgrain vinyl fencing in its place. • The setbacks should not be reduced. • Supports the utilization of planned unit developments to allow for a variety of lot sizing. COMMISSION DELIBERATION: (Granicus time 05:12:00) Upon closing the public hearing,the Commission discussed during deliberation that: • They have a concern with a lack of transition of lot sizing within the development to provide a transition to the adjacent properties. • They are willing to reduce the width of the berm located along North Linder Road from 75-feet to 50- feet in width to allow more active open space within the development. • They appreciate the pathways and the amount of active open space within the development. • The development should have a tot lot located within a common area. • They do not support vinyl fencing within the development. • They support solid fencing to allow for privacy within the backyards of the lots which are located in proximity to the streets. • They are supportive of the conditioned setbacks in the staff report. Page 18 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc • They have a concern with allowing wood fencing within the development. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 3 to 0 (Guerber and Smith absent)to recommend approval of A-03-19 and RZ-08- 19 for an annexation and rezone from RUT to R-3-DA-P for SCS Brighton, LLC, with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document,dated August 19,2019. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT,PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 3 to 0(Guerber and Smith absent)to recommend approval of CU-05-19IPPUD-04- 19IPP-06-19 for Lanewood North Subdivision for SCS Brighton, LLC, with the site specific condition of approval and standard conditions as provided within their findings of fact and conclusions of law document,dated August 19, 2019. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications came before the Eagle City Council for their consideration on September 10, 2019, at which time public testimony was taken. The applications were continued to October 8, 2019, October 22, 2019, and November 12, 2019, at which time public testimony was taken and the public hearing was closed. B. Oral testimony in favor of the applications was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by nine (9) individuals who indicated the following concerns: • The area located west of Linder Road is being over developed with high density subdivisions. The city needs lower density housing. • The applicant should be required to increase the height of the buffer berm located adjacent to North Linder Road to a minimum of 6-8 feet with dense landscaping. • The developer should not be permitted to utilize wood fencing within the development. • The location of the entrance from Linder Road will affect the property owners located across Linder Road. • The roads and schools in the area do not have enough capacity to handle the additional residential growth within the area. Growth should not be allowed until the roads within the area are widened and there are additional schools located within the immediate area. • Although the developer has complied with the comprehensive plan and the requirements of Eagle City Code the City Council does not have to approve the project. The city needs to slow growth and keep Eagle rural. • The proposed development appears to be designed as a typical cookie-cutter subdivision with no thought regarding design. • Whether or not there is sufficient potable water to serve the developments within the area. • The subdivisions that are currently be developed within the city do not provide a supply of affordable housing. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City Council by four(4) individuals who indicated the following: • The proposed fencing on top of the berm should be consistent with other fencing located within the area. Page 19 of 32 KAPla,vting DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce • The property should be rezone to R-2-DA-P(Residential with a development agreement-PUD)to ensure the development does not exceed two(2)dwelling units/acre. • The applicant should be required to remove the shared driveways to reduce the density of the development. • The applicant should be required to conform to the R-2(Residential)zone minimum setbacks. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-03-19IRZ-08-19 for an annexation and rezone from RUT (Rural- Urban Transition - Ada County designation) to R-2-DA-P (Residential with a development agreement- PUD) for SCS Brighton, LLC, with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement with underline text to be added by the Council and strike through text to be deleted by the Council: 3.1 The maximum density for the Property shall be 1.917 dwelling units per acre (162Q single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing,.and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules,regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful,then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. Page 20 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 : .•:- . •• - •-•-. - : •-•-. - • - - ..•-: 4, -it ,1 • . -: , z_ zw: .:•. z.: . . ••-- . " - : - " - -. - - . - " . - . - " " - -: . -: - •- •:- : " - . -: - -". : - " -. _ . - ::"" : ". ••: ; •: . "'-: . •:" ••- - . •:-. 3.7 Owner shall provide a swimming pool and tot lot located within the common lots within the development. The intent of the swimming pool and tot lot is to provide a venue for activities for the residents of the development. The design and location shall be reviewed and approved by the Eagle Design Review Board and City Council prior to submittal of a final plat application. 3.8 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6 a minimum 10-foot wide asphalt pathway along the portion of the Property located adjacent to the Drainage District No. 2 facility. The pathway shall be constructed in conformance with the City of Eagle standards for an asphalt natufal pathway concurrently with the phase of the development where the pathway is located or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the asphalt pathway to guarantee completion prior to the City Clerk signing the final plat. A surety for the -:"-.- *:- " - • : . • " " - -•. ": •- - • •- . . . The specific location and design of the pathway shall be approved by the City of Eagle ParkPathway, _ • •• Design Review Board and City Council prior to submittal of a design review final plat application. The pathway shall be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(,wherein the pathway is located. 3.9 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3)elevation plans for all proposed common area structures and irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6)all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"E". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC)as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be Page 21 of 32 KAPlanning DeptTagle ApplicationsU'reliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc accepted. To assure compliance with the conditions of approval herein,the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit"E". If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.11 Owner shall place subdivision sign(s)containing information regarding the proposed development. The subdivision sign(s)shall be located along all public roads located adjacent to the Property. COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU-05-19/PPUD-04-19/PP-06-19 for Lanewood North Subdivision (Exhibit "A") for SCS Brighton, LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-08-19. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project,prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. 4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). (ECC 9-3-10) 5. Provide a revised preliminary plat/preliminary site development plan showing the portion of the common lots (Lot 14, Block 9 and Lot 1, Block 11) located adjacent to North Linder Road at a minimum of X550-feet in width to be in conformance with the buffer area/common lots as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(ei). The revised preliminary plat/preliminary development plan shall be provided prior to submittal of a design review application. 6. Provide a revised "Lanewood North Fencing Plan" exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-08-19). (ECC 9-3-10) 7. The applicant shall pay the required $86,764.10 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application for the area located within the City of Eagle Municipal Water Service Area. (Resolution No. 08-09) 8. Provide a revised preliminary plat showing all subsurface stormwater facilities to be located outside of the required street side landscape strip areas. The revised preliminary plat shall also delineate the locations of all ACRD stormwater easements and contain a new plat note that identifies the location of all ACRD storm drainage easements. The revised preliminary plat shall be provided prior to submittal of design review application. (8-2A-7_M]) Page 22 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 9. The buffer areas located adjacent to North Lanewood Road and North Linder Road shall be extended to 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of pavement(along the entire frontage) should be improved with 3/4 minus gravel (or approved equivalent) and graded in accordance with the requirements of ACHD. 10. The required setbacks shall be as follows: Front 20-feet(living and/or side entry garage) 31-feet(front-load garage) Rear 25-feet Interior Side X510-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 11. Provide a revised preliminary plat1preliminary site development plan with a new plat note that states, "Development of this property shall be in conformance with Eagle City Code or as pursuant to the development agreement associated with RZ-08-19 or any subsequent modifications." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat/preliminary site development plan with a new plat note that states, "Any re-subdivision of this plat shall be in compliance with the applicable subdivision regulations in effect at the time of re-subdivision. The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-1-3) 13. Provide a revised preliminary plat/preliminary site development plan with a new plat note that states, "This development is subject to Covenants, Conditions, and Restrictions, Instrument # , and as amended. The Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat'preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary plat/preliminary site development plan with a new plat note which states, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat/preliminary site development plan identifying the `Eagle Water District 12"water main to service east property,"located within Lot 1 Block 2, Lot 18,Block 3,Lot 3, Block 5, and Lot 4, Block 7 to be referenced as "City of Eagle Municipal Water System 12" water main to service east property."The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 16. Provide a revised preliminary plat/preliminary site development plan showing the City of Eagle's Municipal Water System 12"water main located within a 20-foot wide City of Eagle Municipal Water System easement. The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. (ECC 6-5-21) Page 23 of 32 KAPlanning DeptTagle ApplicationsU'reliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 17. Provide a revised preliminary plat/preliminary site development plan showing a street light located at the intersection of North Linder Road and West Tio Ramon Street. The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-4-1-5) 18. Provide a revised preliminary plat/preliminary site development plan with plat note#1 revised to state, "The subdivision will receive domestic water service from the City of Eagle Municipal Water System and Suez as shown herein." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 19. Provide a revised preliminary plat/preliminary site development plan with plat note#4 revised to state, "Lots 1 and 10, Block 1, Lots 1, 12, and 16, Block 2, Lot 18, Block 3, Lots 1, 5, and 16, Block 4, Lot 3, Block 5, Lots 1 and 14, Block 6, Lots 4, 9, 16, 25, and 36, Block 7, Lots 6 and 13, Block 8, Lots 1, 8, and 14, Block 9,Lots 1 and 10,Block 10 and Lots 1 and 13, Block 11 are common lots to be owned maintained by the homeowner's association. The common lots shall have a blanket public utility, drainage, and irrigation easement." The revised preliminary plat/preliminary site development plan shall be submitted prior to submittal of final development plan and final plat applications. 20. Provide a revised preliminary plat/preliminary site development plan with plat note#5 revised to state, "Lot 12,Block 2, Lots 16 and 36,Block 7,and Lot 8, Block 9, contain a perpetual easement to provide ingress/egress to Lots 10 and 11, Block 2, Lots 15, 33, 34, and 35,Block 7, and Lots 6 and 7, Block 9, respectively. Said Lot 12, Block 2, Lots 16 and 36, Block 7, and Lot 8, Block 9, are to be owned by Lanewood North Subdivision, or assigns and the owners of the lots which will benefit from use of the ingress/egress shall maintain repair, and/or replace at their own cost and expense said driveway. Lot 12, Block 2, Lots 16 and 36, Block 7, and Lot 8, Block 9, are also encumbered by a blanket public utilities and Eagle Sewer District easement." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 21. Provide a revised preliminary plat/preliminary site development plan with plat note#8 revised to state, "Minimum building setbacks lines shall be in accordance with the City of Eagle Zoning Code at the time of issuance of the building permit or as specifically approved." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 22. Provide correspondence from Andeavor approving the design and construction plans associated with the final plat. The correspondence shall be provided at the time of submittal of final development plan and final plat applications. 23. The developer shall provide 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. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. -- • -- - - - ' - _ • • • : -: -- . :, -. - . ": :: : - " :- : " " - : : " . :. - let: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. 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. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. Page 24 of 32 KAPlanming Dept\Eagle ApplitationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 24. The applicant shall obtain a demolition permit from the City of Eagle Building Department for removal of the existing structures located on site. The structures shall be removed prior to the City Clerk signing the final plat. 25. Provide documentation from the subdivision contractor indicating the potable wells and septic systems located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 26. The Lanewood North Subdivision shall remain under the control of one Homeowner's Association. 27. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system, all common landscape areas, and all common area improvements in the subdivision are maintained in a competent and attractive manner, including the watering,mowing,fertilizing and caring for shrubs and trees in perpetuity. 28. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan and final plat applications. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. 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. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat(B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C),which provides overriding and additional specific criteria for pressurized irrigation facilities. Page 25 of 32 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce 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. 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 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. 14. 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. 15. 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. Page 26 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 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 (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. 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. 17. 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. 18. 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. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or 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. 20. 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. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. 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. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. 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. Page 27 of 32 KAPlanuting Dept\Eagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc 25. 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. 26. Basements in homes in the flood plain are prohibited. 27. 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. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. 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. 31. 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 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. 34. 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. 35. 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. Page 28 of 32 KAPIa'wng DeptTagle ApplicationsTroliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-03-19/RZ-08-19) 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 rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-2-DA-P (Residential with a development agreement - PUD) is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land Use Map since the proposed density is in conformance with the maximum density permitted within the Village Planning Area as identified within the Eagle Comprehensive Plan; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT(Rural-Urban Transitional—Ada County designation) zone and land use to the north since this area is designated Neighborhood Residential in the Comprehensive Plan and may be developed with a residential development similar in density to the subject site; d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-3-DA-P (Residential with a development agreement — PUD) and RUT (Rural-Urban Transitional — Ada County designation) zones and land uses to the south since this area is designated Neighborhood Residential in the Comprehensive Plan and a portion is developed with similar density and the other portion could be developed with a residential development similar in density to the subject site; e. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT(Rural-Urban Transitional—Ada County designation)zone and land use to the east since this area is designated Neighborhood Residential in the Comprehensive Plan and may be developed with a residential development similar in density to the subject site. The subject site is also bordered on the east by North Linder Road (minor arterial), the applicant will be required to construct a 50-foot wide landscape buffer located along the road; f. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-2-DA-P (Residential with a development agreement—PUD) zone and land use to the west since this area is designated Neighborhood Residential in the Comprehensive Plan and is being developed with a residential development of similar density as the subject site; 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. 2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-05-19IPPUD-04-19IPP-06-19) 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: a. 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. Page 29 of 32 KAPlanning DeptWagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.dce Lanewood North Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance with the executed development agreement associated with the site;and b. 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. The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed to be harmonious with the Lanewood development of which it will be a part;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Lanewood North Subdivision is proposed to be developed in a manner harmonious with existing and future residential uses in the immediate vicinity;and d. 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. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Lanewood North Subdivision will be served by North Lanewood Road (designated as a collector) North Linder Road (designated as a principal arterial) and an internal street network located within the development; and e. 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. 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;and f. That the development will not create excessive additional requirements at public cost for public facilities and services. 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, City of Eagle Water Department, or highway district;and g. 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. The development will contain 25.34% of dedicated open space consisting of the required buffer area located adjacent to North Lanewood Road and North Linder Road. The remaining open space areas are inclusive of a swimming pool, playground area with a tot lot, and pathways providing connectivity throughout the development;and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent parcels which will provide intra- neighborhood connectivity upon development of the adjacent properties. Access to the development will be from North Linder Road and North Lanewood Road. The design and construction of the roadways and entrances is guided by the Ada County Highway District;and Page 30 of 32 KAPlanwng Dept\Eagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on the site;and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The property is designated as Neighborhood Residential within the Eagle Comprehensive Plan. The property is located within the Village Planning area as identified in the Eagle Comprehensive Plan with a density not to exceed two (2) units per acres. The applicant is requesting a R-2-DA-P (Residential — up to two (2) units per acre with a development agreement — PUD) to allow for flexibility in design while still maintaining the maximum density of the proposed development at two(2)units per acre;and k. 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. This applicant is requesting approval for a conditional use permit, preliminary development plan as outlined in Eagle City Code and satisfies those requirements. The applicant is also required to meet the conditions herein and the executed development agreement associated with the site. In addition, the developer 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;and 1. 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. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating fifty(50)or more lots or dwelling units): m. 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. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Page 31 of 32 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc Open Space The development will contain a minimum of 25.34% of passive and active open space providing the residents with a swimming pool and tot lot. A system of pedestrian pathways will provide the residents a safe and efficient way to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Lanewood North Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Lanewood North Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$49,572/annually(with Homeowner's Exemption). p. 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. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development; therefore, the public service providers avoid potential liability and expenses. DATED this 26th day of November, 2019. CITY COUNCIL (s. •O F L OF THE CITY OF EAGLE C>••• r •'o • Ada ounty, Idaho • • s / r • • * . • ° SEAL : 4 Stan Ridgeway, a or i' • - �':t���, y o� ••?I oR\11 •• • 01- ATTEST: '',,i,,,,Is!s" Sharon K. Bergmann, Eagle City Clerk Page 32 of 32 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Lanewood North Sub ccf pathway.doc N..411603D RD. N.LANEWOOD RD. MOS Srl'a l 97.3' I 103.0. I 0 0 95 ') .0'..-- 0 e 1,- t. '?,_ I :-.:. 1, t t 2 i 2 :i 2- ,--2 i - ; -5i TA-- - i t e •- I 1 ,1 g • g • g --g ' ' s Ls.. ..2. _ ......... _ ----......,...<7, ,01 le 0- ' ----- -..-' ' .'' - .'''l ' 'io.a• os.o. 90.0' ag.i------,' - .0.2,.: •-•-,7".------------------- ' ''s 10'' .r •\- • ' ' g§ - ' 1 " ' ' g ' g ' 1 ' g '''' x. _ I tc,0 e 016 0O ,0.06 0 0• 0 . 0© . .„._.......o.o, _, ___. . 016 . - S9 ,I.ras _ ,OS11 .0. 0 ,,,,,,. .•, I. ._.__......._____. , ,P .z.trt 0° 1 95.0.0 0 95.0 95.0 0 0 95.0' -'\'''..'•\\ g01 . Li' ir,.its ssirt. ?Al 0"ff 9.1'o T... T..,.. 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