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Findings - CC - 2020 - A-02-19/RZ-05-19/CU-04-19/PPUD-03-19 and PP-05-19 - Preliminary Development Plans, Whitehurst Subd 1 BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE iROM RUT ) (RURAL-URBAN TRANSITION—ADA COUNTY ) DESIGNATION)TO R-1-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) AND R-3-DA-P(RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR WHITEHURST SU$DIVISION ) FOR MUSTANG 35,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-02-19/RZ-05-19/CU-04-19IPPUD-03-19 AND PP-OS-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 action on February 11, 2020, 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: Mustang 35, LLC, represented by Mark Butler with Land Consultants, Inc., is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Whitehurst Subdivision, a 67-lot (60-buildable, 7-common) residential planned unit development. The 30.06-acre site is located at the terminus of West Breanna Drive north of Flint Estates Subdivision. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in the conference room at 839 South Bridgeway Place, Eagle, at 6:00 PM, on Thursday, November 7, 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 November 19,2019. A revised preliminary plat/preliminary development plan was provided to the City on November 27,2019. A landscape plan was provided to the City on December 4,2019. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on November 21, 2019, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 December 20, 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 December 17, 2019. The site was posted in accordance with the Eagle City Code on December 23,2019. Page 1 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc Notice of Public Hearing on the applications 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 January 24, 2020. 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 January 22, 2020. The site was posted in accordance with the Eagle City Code on January 29, 2020. D. HISTORY OF RELEVANT PREVIOUS ACl1ONS:None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Agricultural Residential with a Transition—Ada County Transition Overlay designation) Proposed No Change R-1-DA-P and R-3-DA-P Single-Family,Residential (Residential with a Planned Unit Development development agreement— PUD) North of site Neighborhood RUT(Rural-Urban Proposed City of Eagle Residential with a Transition—Ada County Public Park Site(West Park) Transition Overlay designation) South of site Neighborhood A-R(Agricultural- Single-Family Residential Residential with a Residential) (Flint Estates Subdivision) Transition Overlay East of site Large Lot RUT(Rural-Urban Single-Family Residential Residential Transition—Ada County (Colony Subdivision) designation) West of site Neighborhood PS(Public/Semipublic) Eagle High School and Residential with a and R-E(Residential- Church of Jesus Christ of Transition Overlay Estates) Latter Day Saints Seminary and Public/Semi- Building Public G. DESIGN REVIEW OVERLAY DIS1RICT:Not in the DDA,'IDA,CEDA or DSDA. H. SITE DATA: Total Acreage of Site—30.06-acres Total Number of Lots—67 Residential—60 Commercial—0 Industrial—0 Common—7 Page 2 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc Total Number of Units—60 Single-family—60 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required . . Dwelling Units Per Gross Acre 2.00-dwelling units per acre 2.00-dwelling units per acre maximum Minimum Lot Size 10,000-square feet(R-4) 10,000-square feet(R-3) 37,010-square feet(R-1) 37,000-square feet(R-1) Minimum Lot Width 80-feet(R-3) 75-feet(R-3) 155-feet(R-1) 100-feet(R-1) Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 5.94-acres 4.88-acres minimum Open Space Percent of Site as Common Area 24.34% 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. * Based on the area(24.40-acres)proposed to be zoned R-3-DA(Residential with a development agreement). I. GENERAL SITE DESIGN FEA'i'URES: Landscape Screening: The preliminary plat/preliminary development plan, date stamped by the City on November 27, 2019, shows a minimum 35-foot wide common lot located along the east side of North Fisher Park Way(collector)and West Conifer Street east of North Fisher Park Way (collector). Open Space: A total of 5.94-acres of open space is proposed (inclusive of the planter strips). The preliminary plat/preliminary development plan, date stamped by the City on November 27, 2019, shows a 2.01-acre common area located at the southeast corner of the property. An approximately one- acre common area with a tot lot and pathways located within Block 3. The remaining open space areas are inclusive of the required 35-wide buffer area located along North Fisher Park Way, a common lot with a 6-foot wide pathway providing access between West Timber Street and the proposed future City park area, three (3) common lots located along North Creekwater Avenue that contain stormwater facilities, and a common lot located at the southwest corner of North Fisher Park Way and West Conifer Street which also includes a stormwater facility. Page 3 of 29 KAPlanning DeptTagle ApplicaaonsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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)-No Preservation of Existing Natural Features: The property contains mature trees located at the southeast corner of the property. This area will be a common lot. The preliminary development plat/preliminary development plan shows the existing trees located within the common lot. 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. SIKEET DESIGN: Public Streets: OVERALL PLAN SCALE: MYtay,-40.0.:04NAfs iLP�Ni'fc'` a 7� �"t8 �er5 7 P.- Y fiLW!r�y- .. BMW( lkRDSCcPE_ �.. tAdM]�".!c f �?lT£4Y011i •.sx!�rac1ie1 lift ate aWa. 61441 1A% 2% asp-Aoq=cw.em'. va-+Kcts e�acrxerieti 61-ANfie IV AIN MOW:711,exp fLeCRACe TYPICAL COLLECT'„- $TREET SECTION-DETACHED SIOEWAU( tiEYf 91j£GAt.@.r. RIO141.0F.NfAV Page 4 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 4. 1:11 M.. MIL-talici. WALK R --TEA #'11'411t. i s • 4 S h 4 ICA' 2 E2 1 LL TYPICAL LOCAL STREET SECTION-DETACHED SIDEWALK Nt}t 1t:r '4 E-.Cavi -{I(I I.(* AY Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500':None Cul-de-sac Design: One(1) cul-de-sac is proposed: • West Pempina Court: 170-feet in length. .27*10214T-OC-WAY 1C.*Alt 1Alig 40'tat r . 11a.Arra aECTX114 .11,11ELIEVe BSCTON �-DE-C:AC 3CHWt.K L C C55E aXFS NO CANTER. i *i cvn N,WI—ER ROLL$9 CURE ANC 31.717ER I RV-LW CON$ANO taw TE:?-, F` r.L} 111' 1R .::-z.;ti+z.`1,a«.-:.s; —_ • �.—.. , „ {:.-e{rrzes,r.'..f 1�.. A F1 TIIC FSS 4T-- ¢ \\4, IIIV C=-.$E' snviac*rera4 d 3 i DWIFAC,EIDSECTION VIEW Eli"' -- STNILE i1 )C€ TYPICAL CUL-DE-SAC DETAIL WITH DETACHED SIDEWALK NOT TO SCALE-53.5R RIGHT-OF-WAY Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the 8-foot wide planter strips located within the proposed right-of-way on both sides of all roadways. 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. Page 5 of 29 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Whitehurst Sub rev ccf doe K. ON AND OFF-SITE PEDES'I'RIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The colored site plan, date stamped by the City on November 19, 2019, shows pathways located within three (3) common lots (Lot 14C, Block 1, Lot 1C, Block 3, and Lot 1C, Block 5). The proposed pathway located within common Lot 14C, Block 1, provides a pedestrian connection to Eagle High School. The proposed pathway located within common Lot 2C, Block 3, provides pedestrian connectivity between West Sagurio Street, West Pembina Street, and North Creekwater Avenue. The proposed pathway located within Lot 1C, Block 5, provides a pedestrian connection throughout the common lot and access to the irrigation pond. 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 FUTURE 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 southeast corner of the property within the eastern portion of Lots 1-2, Block 5. Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—yes,the trees located in proximity to the southeast corner of the project provide habitat to various bird species. 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 to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated December 2, 2019, are of special concern(attached to the staff report). ACHD Ada County Development Services Ballentyne Ditch Company Central District Health Department COMPASS(Communities in Motion 2040) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Page 6 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc West Ada School District Q. LETTERS FROM'[HE PUBLIC(attached to the staff report): Email correspondence received from Julia Hilleary,dated December 9,2019. Correspondence received from Jim Magdich,date stamped by the City on December 12,2019. Email correspondence received from JoAnn Butler with Butler Spink, LLP, dated December 27, 2019. Email correspondence received from Jane Oliver,dated December 30,2019. R. PROPOSED TIME SCHEDULE FOR'I'HE DEVELOPMENT OF il-IE SITE: The provided narrative, date stamped by the City on November 19, 2019, indicates the proposed time schedule for development of the site is to commence with infrastructure construction in the summer of 2020 with vertical construction estimated to start in the fall or winter of 2020. The project is anticipated to be built in a single phase but two (2) phases are being planned to follow market needs. 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. 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. Page 7 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING 1HIS 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. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. CHAP'!ER 4: UTILITIES,FACILITIES AND SERVICES 4.2.3 Implementation Strategies E: Work with the school district, ACHD, and developers to establish access options for Eagle Schools via pathways and/or streets. CHAP 1 ER 6: LAND USE 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Page 8 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 6.5.1 Park Lane Uses: D. The Land use for the properties north of Flint Drive and extending north to Floating Feather Road, east of Eagle High School, is Neighborhood Residential with a Residential Transition Overlay. Development in this area should be designed to ensure compatible residential lot sizing (1-acre lots) adjacent to the Colony Subdivision and transition to a density of up to 3 units per acre near the high school. The overall density of the area should not exceed 2 units per acres. 6.5.3 Park Lane Access/Connectivity D. New residential roads in the area east of Eagle High School should provide connectivity to Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east. CHAP r ER 8: I'RANSPORTATION 8.4.1 Roadway Strategies P: Local and collector streets through residential neighborhoods are recommended to provide connectivity while being designed to preserve the character of the surrounding neighborhoods through appropriate design techniques, including street width, traffic calming, and traffic control. The goal of the local street system is to provide for local circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to provide this connectivity, new developments should be required to stub access to adjacent undeveloped or underdeveloped parcels consistent with ACRD road spacing standards. All new developments should be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. CHAP!ER 9: PARKS,RECREATION&OPEN SPACE 9.4.3 Open Space Implementation E: Preserve existing trees and establish appropriate landscaping as a part of new developments. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING [HIS PROPOSAL: • Eagle City Code Section: 8-2-1: Districts Established,Purposes and Restrictions: R RESIDENTIAL DISTRICT: 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. Page 9 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: C. Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 12'/a inches or more lx cof tree removed ]•!� Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. • Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations: B. Fences: 1. In any front yard area, no fence or wall shall be permitted which materially impedes vision across such yard above the height of two and one-half feet (21/2') measured from the centerline grade of the adjacent street. Picket style fences where fifty percent (50%) of the fence remains open may be permitted up to four feet (4') in height. Chainlink fencing is prohibited in any front yard area. 2. Fencing located adjacent to any street identified as a collector or arterial on the transportation and pathway network plan in the Eagle comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such as wrought iron or other similar see through, decorative, durable fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this title. 3. Chainlink fencing is prohibited in the R(Residential)Zoning District. 4. A permit is required prior to the construction of a fence in any front yard area and along any street within the City subject to the application requirements established in section 8-7-2 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: Page 10of29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING 1HIS PROPOSAL: • Eagle City Code Section 9-3-2-2: Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. • 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. • Eagle City Code Section 9-4-1-2: Streets and Alleys: All public streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Ada County Highway District or the Idaho Transportation Department,whichever the case may be. • Eagle City Code Section 9-4-1-3: Curbs and Gutters: B. Driveways, Curb Cuts: All driveway openings and curbs shall be as specified by the Ada County Highway District or the Idaho Transportation Department. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. • 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 Page 11 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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 streetlights. D. DISCUSSION (based on the preliminary plat and preliminary development plan, date stamped by the City on November 27, 2019, and the landscape plan, date stamped by the City on December 4, 2019): • Page PP-02 of the preliminary plat and preliminary development plan shows an irrigation ditch and several mature trees located within the rear portion of Lot 2, Block 5. Based on the locations of the irrigation ditch and the mature trees, the irrigation ditch may need to be re- located and the mature trees removed to accommodate construction of a home upon the lot. The applicant should be required to provide an approval letter from the affected irrigation district prior to re-location of the irrigation ditch located within Lot 2, Block 5. The City has received email correspondence from Jay Gibbons with South, Beck, and Baird, dated December 10, 2019, which indicates the mature trees consist of Black Locust and three (3) willows. The email further states"I advised the owner that a few of the larger trees may merit consideration of being retained, all are classified as trash trees and should merit no mitigation requirements from the City."In the event the trees were retained within the lot,the area of the lot that is not impacted is approximately 10,000-square feet in size, which would leave enough room to construct a large home and accessory structure without impacting the existing trees. The applicant should be required to provide an arborist analysis of the existing trees and provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. The applicant should provide a narrative with the Existing Tree Inventory Map indicating which trees will be incorporated into the design of the subdivision and which trees are proposed to be removed prior to removal of the trees. • The preliminary plat and preliminary development plan do not show any pathways within the development. The concept plan, date stamped by the City on November 19, 2019, shows 5- foot concrete pathways located within Lot 14C, Block 1, Lot 1C, Block 3, and Lot 1C, Block 5. The landscape plan shows the pathways located within the aforementioned common areas at 5-feet in width. Pursuant to Eagle City Code Section 9-4-1-6(D)(1), micropathways within subdivisions which are designed for primary use by the residences of the subdivision should be a minimum of 8-feet in width, however, in an area where low volume pedestrian traffic is anticipated, the Council may consider a reduction in the pathway width to 6-feet in width. The applicant should be required to provide a revised preliminary plat and preliminary development plan which shows the pedestrian pathway locations within Lot 14C, Block 1, Lot 1C, Block 3, and Lot 1C, Block 5. The pathways should be a minimum of 8-feet in width, unless the Council determines that 6-feet is appropriate due to anticipated low volume pedestrian traffic. The revised preliminary plat and preliminary development plan should be provided prior to submittal of a design review application. • The concept plan, date stamped by the City on November 19, 2019, shows a tot lot located within Lot 1C, Block 3, in proximity to West Sagurio Street. The preliminary plat and preliminary development plan do not show the location of the tot lot. The applicant should be required to provide a revised preliminary plat and preliminary development plan which shows the location of the tot lot within Lot 1C, Block 3. The revised preliminary plat and preliminary development plan should be provided prior to submittal of a design review application. • The applicant is not requesting a reduction of the required setbacks within the development. Pursuant to Eagle City Code Section 8-2-4, the required setbacks within the R-1 (Residential) zoned area is as follows: Page 12 of 29 KAPlanning Depaagle ApplicadonsU'reliminary Development Plans\2019\Whitehurst Sub rev ccf.doc Front 30-feet Rear 30-feet Interior Side 15-feet(first story)5-feet(each additional story) Street Side 30-feet Maximum Lot Coverage 35% Pursuant to Eagle City Code Section 8-2-4, the required setbacks within the R-3 (Residential) zoned area is as follows: 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% Since the right-of-way area is inclusive of the planter strips and detached sidewalks with a 2- foot area contained within the right-of-way located behind the detached sidewalk, it is staff's opinion the following setbacks should be required: R-1 (Residential)zoned area: Front 30-feet Rear 30-feet Interior Side 15-feet(first story) 5-feet(each additional story) Street Side 30-feet Maximum Lot Coverage 35% R-3 (Residential)zoned area: 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% • The preliminary plat and preliminary development plan shows two (2) separate phases for development of the property. The applicant's narrative, date stamped by the City on November 19, 2019, indicates the project is anticipated to be built in a single phase but two (2)phases are being planned to follow market needs. The proposed phasing line shows North Fisher Park Way will be completed in separate phases. North Fisher Park Way will provide the southern access point and central water and sewer stubs to the future city's public park. The applicant should be required to provide a revised preliminary plat and preliminary development plan showing North Fisher Park Way in its entirety located within Phase 1 of the development prior to submittal of a design review application. • The applicant's narrative,date stamped by the City on November 19,2019, indicates the only deviation from Eagle City Code they are requesting is to allow partly solid and partly open lattice fencing in a few locations where open style fencing is required. Pursuant to Eagle City Code Section 9-3-10, all fencing located adjacent to common area open spaces and on street side corner lots is required to be open style fencing such as wrought iron or other similar decorative fence. The fencing plan contained within the landscape plan shows 6-foot high semi-privacy vinyl fencing located adjacent to all the common areas. The landscape plan shows the 6-foot vinyl semi-privacy fence consisting of 4-feet of solid fencing with a 2-foot high lattice panel or closed picket top located above the 4-foot solid portion of the fence. Page 13 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc Since the lower 4-feet of the proposed semi-privacy fence is solid it is not open style fencing; therefore, it is prohibited. The applicant should be required to provide a revised fencing plan showing open style fencing located adjacent to all the common area open space lots and the corner lots. The revised fencing plan should be provided prior to submittal of a design review application. • Page PP-02 of the preliminary plat and preliminary development plan and utility plan identifies the locations of the proposed streetlights. The preliminary plat and preliminary development plan and utility plan shows only one (1) streetlight within the development which is located at the corner of West Breanna Drive and North Fisher Park Way. The applicant should be required to provide a revised preliminary plat and preliminary development plan and utility plan showing streetlights located throughout the development. The revised preliminary plat and preliminary development plan and utility plan should be provided prior to submittal of a design review application. • North Fisher Park Way will be constructed as a collector street. The preliminary plat and preliminary development plan show five (5) residential lots (Lots 1-4, Block 4, and Lot 2, Block 5)that have frontage to North Fisher Park Way. Lot 1, Block 4 and Lot 2, Block 5, are corner lots which have frontage to West Breanna Drive. ACHD is requiring that access to Lot 1, Block 4, and Lot 2, Block 5 be taken from West Breanna Drive. Also, ACHD is requiring that Lots 2-4, Block 4 will have single access points located adjacent to each southern property line. The preliminary plat and preliminary development plan does not contain a plat note regarding the restriction of access to North Fisher Park Way. The applicant should be required to provide a revised preliminary plat and preliminary development plan with a new plat note which states, "Direct lot access to North Fisher Park Way other than Lots 2-4, Block 4 is prohibited." The revised preliminary plat and preliminary development plan should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat and preliminary development plan contain typical street sections for a collector street section and a local street section. The street sections show a 60-foot right-of- way. The total width of the street, curb and gutter, planter strips, sidewalks, and landing (located behind the sidewalk) identified to be included within the right-of-way exceeds 60- feet. The total width of the improvements with the landing area exceeds the right-of-way width by 3-feet. Also, ACRD is requiring that North Fisher Park Way be constructed as a 36- foot travelway (measured from back-of-curb to back-of-curb) which will increase the required amount of right-of-way. The applicant should be required to provide a revised preliminary plat and preliminary development plan inclusive of the typical street sections showing the street widths in conformance with ACHD requirements. The revised preliminary plat and preliminary development plan should be provided prior to submittal of final development plan and final plat applications. • The property is irrigated from a system that shares irrigation water with the City of Eagle owned property located north of the proposed development. The applicant should be required to work with the City of Eagle to establish an irrigation agreement and schedule that will serve both properties. The irrigation agreement and schedule 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 application was held before the Planning and Zoning Commission on January 6, 2020, 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 application was presented to the Planning and Zoning Commission by one(1)individual who indicated the following: Page 14 of 29 KAPlanning DeptTagle Applicationareliminary Development Plans\2019\Whitehurst Sub rev ccf.doc • The applicant has addressed the changes in design that were requested by the neighbors. • The applicant has been open and very transparent through the process. • The cost of preserving and maintaining the existing trees will be expensive. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two(2) individuals who indicated the following: • The proposed density is too high for the area. A solution would be to require the applicant to reduce the density of the subdivision. • The subdivision should be developed with larger lots. • The schools located within the area are overcrowded. • Traffic from the development will not utilize North Fisher Park Way to exit the development, instead the traffic from the development will exit through Colony Subdivision. • The city should require impact fees to allow for the construction of North Fisher Park Way to West Floating Feather Road. • The developer should be required to extend North Fisher Park Way to West Floating Feather Road. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by two(2) individuals who indicated the following: • One of the individuals indicated he owns the property located south of the development and he has not been approached by the developer regarding obtaining an easement for the extension of North Fisher Park Way. • The existing trees on the property should be preserved for the existing wildlife. • West Breanna Drive should be blocked to prevent traffic from traveling through Colony Subdivision. COMMISSION DELIBERATION: (Granicus time 01:56:45) Upon closing the public hearing,the Commission discussed during deliberation that: • The subdivision is designed in conformance with the density identified within the Park Lane Planning Area of the comprehensive plan. • The subdivision is designed to provide a transition of lot sizing to the adjacent properties. • The applicant should work with the adjacent southern property owner to establish a permanent alignment for North Fisher Park Way. • The Commission has received correspondence regarding heavy equipment traffic associated with the construction of the subdivision. A site specific condition of approval should be added that requires all construction traffic to utilize West Flint Drive for access. • The trees located within Lot 2,Block 5 (southeast corner of the property) should be preserved. • Since the irrigation lateral located at the southeast corner of the property was constructed by the previous owner to irrigate the property, site specific condition of approval#5 should be stricken. • The ITD requirement of providing a deceleration lane on State Highway 44 needs to be addressed by the City Council. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-02-19 and RZ-05-19 for an annexation and rezone from RUT to R-1-DAP and R-3-DA-P for Mustang 35, 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 January 21,2020. Page 15 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of CU-04-19IPPUD-03-19/PP-05-19 for Whitehurst Subdivision for Mustang 35, LLC, with the site specific condition of approval and standard conditions as provided within their findings of fact and conclusions of law document, dated January 21, 2020. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on February 11, 2020, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by one (1) (not including the applicant! representative) individual who indicated that this style of development fits well with the city's standards. They were also in support of the developer not requesting waivers of Eagle City Code. The individual also indicated the city needs to work with developers to reach a compromise. C. Oral testimony in opposition to the applications was presented to the Council by three (3) individuals who indicated they do not support the removal of trees from the property due to the amount of wildlife that utilize the trees for habitat. It was also indicated that the project is too dense to allow for a transition of lot sizing to the adjacent property located north of the proposed development. Also, the developer should be required to pay their fair share for infrastructure improvements. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City Council by one (1) individual who indicated that they own the property located south of the proposed development and they were not approached by the applicant regarding the alignment of North Fisher Park Way. The individual contacted the applicant and the applicant indicated they would meet with the property owner and they failed to do so. The individual is willing to dedicate an easement to ACHD to allow for a permanent alignment of North Fisher Park Way provided the applicant provides sewer and water stubs to the individual's property. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-02-19 and RZ-05-19 for an annexation and rezone from RUT to R- 1-DA-P and R-3-DA-P for Mustang 35, 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 2.00 dwelling units per acre(60 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. Page 16 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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, 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 Fencing Plan (Exhibit D). All other fencing shall be in conformance with Eagle City Code. (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. 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 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. 3.7 Owner shall construct a tot lot and pedestrian pathways at the locations as shown on the Concept Plan(Exhibit C). 3.8 Owner shall provide a detailed afbefist wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land Management) report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land Managementreport and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.9 Owner shall place subdivision sign(s) containing information regarding the proposed development at the west terminus of West Breanna Drive and the intersection of the proposed North Fisher Park Way and West Flint Drive. The subdivision sign(s) shall be located along all public roads located adjacent to the Property. 3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit"D". Page 17 of 29 KAPlanning DeptTagle Applita0onsTroliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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 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 "D". 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. COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU-04-19/PPUD-03-19/PP-05-19 for Whitehurst Subdivision (Exhibit"A") for Mustang 35, 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-05-19. 2. Comply with all requirements of the City Engineer except that the applicant should provide an easement for the portion of North Fisher Park Way that is not constructed as part of Phase#1. 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. The City acknowledges that alternative methods of compliance are provided for in Eagle City Code Section 8-2A-7 (0). 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. •: - •:- -- • •:. •:- :• . -: • • -*- 2, E . . ". -: -: ••:- : - : • . - - - " . -: •- •:. •: - :• • . 6. Provide a revised preliminary plat and preliminary development plan which shows the pedestrian pathway locations within Lot 14C, Block 1, and Lot 1C, Block 5 at 8-feet in width. The pathways located within Lot 1C, Block 3, shall be permitted at 6-feet in width due to anticipated low volume pedestrian traffic and sidewalks located in proximity to the common lot. The revised preliminary plat and preliminary development plan shall be provided prior to submittal of a design review application. (ECC 9-4-1-6 ID]:1]) 7. Provide a revised preliminary plat and preliminary development plan which shows the location of the tot lot within Lot 1C, Block 3. The revised preliminary plat and preliminary development plan shall be provided prior to submittal of a design review application. 8. The required setbacks shall be as follows: R-1 (Residential)zoned area: Front 30-feet Page 18 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc Rear 30-feet Interior Side 15-feet(first story) 5-feet(each additional story) Iffter-ier-Sideihet 2,Week-5) 7. -- • • -". - .:: -. Street Side 30-feet Maximum Lot Coverage 35% R-3 (Residential)zoned area hand Loi 2,Block 5); 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% 9. Provide a revised preliminary plat and preliminary development plan showing an easement to be dedicated for North Fisher Park Way as part of Phase 1 of the development prior to submittal of a design review application. 10. Provide a revised fencing plan showing open style fencing located adjacent to all the common area open space lots and the corner lots. The revised fencing plan shall be provided prior to submittal of a design review application. (ECC 9-3-10) 11. Provide a revised preliminary plat and preliminary development plan and utility plan showing streetlights located throughout the development. The revised preliminary plat and preliminary development plan and utility plan shall be provided prior to submittal of a design review application. (ECC 9-4-1-5) 12. Provide a revised preliminary plat and preliminary development plan with a new plat note which states, "Direct lot access to North Fisher Park Way other than Lots 2-4, Block 4 is prohibited." The revised preliminary plat and preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary plat and preliminary development plan inclusive of the typical street sections showing the street widths in conformance with ACRD requirements.The revised preliminary plat and preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. 14. The applicant shall work with the City of Eagle to establish an irrigation agreement and schedule that will serve both properties. The irrigation agreement and schedule shall be provided at the time of submittal of final development plan and final plat applications. 15. 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. 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. 16. Whitehurst Subdivision shall remain under the control of one Homeowner's Association. Page 19 of 29 10Planning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 17. 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. 18. 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. 19. Provide a revised preliminary plat and preliminary development plan showing Lot 2, Block 5, to be reduced in size to a minimum of 18,000-square feet to allow for the trees to be included within Lot 1C, Block 5. The revised preliminary plat and preliminary development plan shall be provided prior to submittal of a design review application. 20. nit er '. - •- •- . .. . .' - Drive for access. The developer shall notify all contractors that traffic associated with the construction of the subdivision is not allowed to utilize Fisher Park Way between State Street and Flint Drive. 21. The applicant shall provide a copy of an executed "Transportation Mitigation Agreement' between the applicant and ITD. The monetary contribution associated with the "Transportation Mitigation Agreement" shall be paid into a road trust to be held by the City of Eagle on behalf of ITD. The total due shall be divided by the approved number of homes which said amount due for each home shall be paid to the City of Eagle upon buildingpermit application for each home. 22. If within 30-days after City Council approval of the findings of fact and conclusions of law associated with Whitehurst Subdivision, Madera development has conveyed the necessary right-of-way for North Fisher Park Way in a form acceptable to ACHD,then the ACHD-approved road improvements described in the November 25, 2019, ACHD Project Report will be realigned into the permanent alignment. 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) Page 20 of 29 KAPlanning DeptTagle Applicationareliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. Page 21 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat. 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. Page 22 of 29 KAPlanning Depaagle Applicationareliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. 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. Page 23 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. 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. Page 24 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-02-19IRZ-05-19) 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-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) is consistent with the Neighborhood Residential designation and Transition Overlay area as shown on the Comprehensive Plan Land Use Map since the applicant is not proposing more than two dwelling units per acre and the proposed density is in conformance with the maximum density permitted within the Park Lane 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-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement- PUD) zoning districts are 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 is owned by the City of Eagle and proposed to be developed into a public park site; d. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zoning districts are compatible with A-R (Agricultural-Residential) zone and land uses to the south since this area is designated Neighborhood Residential with a Transition Overlay in the Comprehensive Plan and could be developed with a residential development similar in density to the subject site; e. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zoning districts are compatible with the R-1 (Residential) zone and land use to the east since this area is developed with a residential subdivision and the applicant is required to provide a transition in lot sizing; f. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zoning districts are compatible with the PS (Public/Semipublic) and R-E (Residential-Estates) zones and land uses to the west since this area is designated Public/Semipublic and Neighborhood Residential with a Transition Overlay in the Comprehensive Plan and contains Eagle High School and a Church of Jesus Christ of Latter Day Saints Seminary Building; 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-04-19/PPUD-03-19IPP-05-19) 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: Page 25 of 29 KAPlanning DeptTagle Applicationareliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. Whitehurst Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan and consistent with the requirements of Eagle City Code; 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 with a transition of lot sizing which will be harmonious with the adjacent developments; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Based on the transitioning of lot sizing Whitehurst 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;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. Whitehurst Subdivision will be served by North Fisher Park Way (designated as a collector) and an internal street network located within the development. 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 Eagle Sewer District, Suez Water, and Ada County 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 a minimum of 24.34% of dedicated open space consisting of the required buffer area located adjacent to North Fisher Park Way. The remaining open space areas are inclusive of a 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 Page 26 of 29 KAPlanning DeptTagle Applicationareliminary Development Plans\2019\Whitehurst Sub rev ccf.doc development will be from North Fisher Park Way and West Breanna Drive. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. As required herein the applicant is required to preserve the existing trees located in proximity to the southeast corner of the property.No other scenic or historic features of major importance exist on 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 Eagle Comprehensive Plan designates the property as Neighborhood Residential with a Transition Overlay. The property is located within the Park Lane 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-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential 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 has requested approval for a conditional use permit, preliminary development plan as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. 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 Suez Water. 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. Page 27 of 29 KAPlanning Depaagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc 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. The applicant will be required to contribute into a road trust fund for improvements to State Highway 44. Open Space The development will contain a minimum of 24.34% of passive and active open space providing the residents with a 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 Whitehurst Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Whitehurst 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$13,689/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. Page 28 of 29 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2019\Whitehurst Sub rev ccf.doc DATED this 25th day of February, 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho , 7:----_-__-----T") — 00„,,iiiii,„,‘s ss OV EAG �as0 Pierce, Mayor 4••�•••••.••�� ATTEST: - •� "' O " za,(4 -k--(..12...---- **• "eof xAkfe'••..Z, ; v ♦ ••••••• ,s Sharon K. Bergmann, Eagle CityC -rk �''go f1P -��,•`! g � g �Off' 'ritittttt{stIttt Page 29 of 29 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Whitehurst Sub rev ccf doc • • • •• ._ •• • •• ••.••••• ..• • • .. • •• •••• . ...• ••••• . IP.Inall USW MO I41117P4 § N • i ! I I --n-" S ii.4P VP*r_ iii = 1 iL C ' 4' „,„„„,..,comma .FUTURE COY PARK , -4-,t4p*,* r 1, ( 4% ... ---- lint W g I i 1" ' — it.t.iir, —,- O , sr— —_, . ,'-- a- o l a '. .tao..r. I Nel OM 1'4'44E31 F• .1 wow. ,.... ._ . av no Wi.11 e,,. *sill', 11T...4......00..........4.......mill. 1 i! Nt Jo Nla MI► is �!0raiginix.1111 %It 1: I 1. /=;r'/i I �� s-11111i ra8 » r sr , cg 1121 asoQ faairfI. lais faa o taw pis V au o g naris 'salla was �!-�.; ' acv ',,, //..► ‘� ` /; g ,a'1 1iii 11, � ,,,,,,,;,:iii.//:� i tm`,/► �� 1 I FIs _. . W IV 111 st. a w !s Irl /.% T„.,.r I i - .......4.- ,6.,„ 1 tii-7,1('‘'''s+. . ( , . - - - , ,- . . . , ! 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