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Findings - PZ - 2013 - A-03-13/RZ-04-13/CU-05-13/PPUD-05-13/PP-09-13 - Rz From R2 To R3-Da-P/Lanewood No 2/158 Lot/72.93 Acre/5247 W. Floating Feather Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION/REZONE WITH A ) DEVELOPMENT AGREEMENT,CONDITIONAL ) USE PERMIT,PRELIMINARY DEVELOPMENT ) PLAN,AND PRELIMINARY PLAT FOR ) LANEWOOD SUBDIVISION NO.2 FOR ) LANEWOOD EAGLE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-13/RZ-04-13/CU-05-13/PPUD-05-13/PP-09-13 The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on October 7, 2013. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Lanewood Eagle LLC, represented by Shawn Nickel with SLN Planning, is requesting annexation, rezone from R2 (Residential — Ada County designation) to R-3-DA-P (Residential up to three units per acre with a development agreement PUD), conditional use, preliminary development plan, and preliminary plat approvals for Lanewood Subdivision No. 2, a 158-lot (142 buildable and 16 common) residential subdivision. The 72.93-acre (inclusive of 1.58-acres redeveloping from the area associated with Lanewood Subdivision No. 1) planned unit development is generally located on the north side of West Floating Feather Road approximately 1,300-feet west of the intersection of North Linder Road and West Floating Feather Road at 5247 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM, Thursday, May 30, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on July 25, 2013. C. NOTICE 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 September 14, 2012, in the Idaho Statesman and on August 26, 2013, in the Valley Times. 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, 2013. Requests for agencies' reviews were transmitted on August 1, 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on September 6, 2013. D. HISTORY OF PREVIOUS ACTIONS: On July 11, 2007, the Ada County Board of County Commissioners approved a rezone Page 1 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc 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/PUD/DA). On November 27, 2012, the City Council approved an annexation and rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Lanewood Subdivision No. 1 (A-03-12/RZ-03-12/CU-03-12/PPUD- 01-12/PP-01-12). On December 11, 2012, the City Council took final action on the development agreement associated with the rezone for Lanewood Subdivision No. 1 (RZ-03-12). 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 Residential Two(up R2(Residential—Ada Agricultural to two units/acre) County Designation) Proposed No Change R-3-DA-P(Residential Single-Family, maximum two units/acre with Residential Planned Unit a development agreement and Development a planned unit development) North of site Residential Two(up RUT(Ada County Single-Family Residence to two units/acre) Designation) and Agricultural South of site Residential Two(up R-2-DA-P(Residential Legacy Development to two units/acre) maximum two units/acre with (Mosca Seca a development agreement and Subdivision) a planned unit development) East of site Residential Two(up R2 and RUT(Ada County Agricultural and City of to two units/acre) Designations) Eagle approved Lanewood Planned Unit Development West of site Residential Two(up RUT(Ada County Agricultural to two units/acre) Designation) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—72.93-acres (inclusive of 1.58-acres redeveloping from the area associated with Lanewood Subdivision No. 1) Total Number of Lots— 158 Residential— 142 Commercial—0 Industrial—0 Page 2 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc Common— 10 Total Number of Units - Single-family— 142 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.99-dwelling units per acre Up to two(2)units per (based on 71.35-acres being acre maximum annexed) Minimum Lot Size 9,325-square feet 10,000-square feet (Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved- per ECC Section 8-6-5-5 [A]). Minimum Lot Width 65.4-feet* 75-feet(minimum) Minimum Street Frontage 32.1-feet* 35-feet(minimum) Total Acreage of Common Area 16.59-acres 14.27-acres (minimum) Open Space Percent of Site as Common Area 22.75% 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. * Note — The minimum lot width and street frontage may be reduced with the approval of a planned unit development. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat date stamped by the City on July 25, 2013, shows a 35-foot wide Page 3 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc common lot located adjacent to West Floating Feather Road. West Floating Feather Road is designated as a minor arterial. Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b) a 50-foot wide landscape strip is required adjacent to minor arterials to screen adjacent incompatible features such as highways, railroads, commercial or industrial uses from proposed residential properties. Open Space: A total of 16.59-acres (22.75%) of common area is proposed within the planned unit development. The common area is a combination of linear pathways, road buffer areas, and street landscape islands. A minimum of 20% open space is required within a planned unit development. Planned unit developments that contain lots that are smaller than the minimum lot size may be allowed if there is an "offsetting increase" of same square footage in open space and a favorable findings is made by the Council that the smaller lots are appropriately integrated into the design and that the building product type is compatible with the PUD and surrounding area. The initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area equal to ten percent (10%) of the site, however, the total open space shall be equal to or greater than twenty percent(20%), inclusive of the"offsetting increase" square footage. 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 and drainage easements to be not less than 12 feet in width. The applicant provided a preliminary plat, date stamped by the City on September 12, 2012, which contains separate plat notes that reference the front and rear property lines have a 12-foot wide utility easement. The preliminary also contains a separate plat note referencing that side lot line easements have a 6-foot wide public utilities,property drainage, and property irrigation easement. 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 The site previously had a home located at 5247 West Floating Feather Road served by an on-site septic system. The applicant will be required to obtain the proper permits from Central District Health Department and abandon the septic system prior to submittal of a final plat application. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. A majority of the existing trees located around the existing home on the property, the drainage ditch, and along Floating Feather Road will be preserved. Page 4 of 30 K:\Planning Dept\Eagle Appliications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc 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. STREET DESIGN: Private or Public Streets: The preliminary plat, date stamped by the City on July 25, 2013, contains a typical ACHD street section showing the streets within the development will be 60-foot right of way with a 33-foot wide roadway section (as measured from back of curb to back of curb), an eight- foot(8') wide landscape planter strip and five foot(5') wide sidewalk located on each side of the roadway located within the right-of-way. Each travel lane will be 16.5-feet wide (measured to back of curb). Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': None. Cul-de-sac Design: Two(2)cul-de-sacs are proposed for this site: • West Premier Place: 380-feet in length, 55-foot radius inclusive of planter strip. Travel lane is 40-feet in width from back-of-curb to back-of-curb. • North Greco Way: 390-feet in length, 55-foot radius inclusive of planter strip. Travel lane is 40-feet in width from back-of-curb to back-of-curb. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior 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 shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Names Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian walkways are provided throughout the development through a detached sidewalk system located adjacent to the interior streets and through a multi-purpose pathway system located within the open space design. 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. Page 5 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzfdoc L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—None Fish Habitat—No Floodplain—No Mature Trees—No Riparian Vegetation—Yes—along the drainage ditch traversing the site Steep Slopes—Yes—along the drainage ditch traversing the site Stream/Creek—Yes—Drainage District No. 2 Unique Animal Life—Unknown Unique Plant Life—Unknown 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 to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letters dated September 10, 2013, are of special concern(attached to the staff report). Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Idaho Department of Lands Idaho Transportation Department Republic Services Sawtooth Law(representing Drainage District No. 2) Q. LETTERS FROM THE PUBLIC: None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant has not provided a proposed time schedule for the completion of the development. S. EAGLE CITY 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 Page 6 of 30 K:\Planning Dept\8agle Applications\Preliminary Development Plans\20I3\Lanewood Sub No.2 pzf.doc 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the following: Page 7 of 30 K:\Planning Dept\8agle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 6.4 Land Use Goals A. Preserve the rural transitional identity of the City of Eagle. 6.5 Land Use Objectives A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle 6.6 Land Use Implementation Strategies S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. W. Use smaller planning areas to help guide development in the western planning area. 6.8.2 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of the area and is not taken over by residential uses. A. Uses/Design The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality and office uses. Non-residential uses will be focused in the Village Center. 2. Residential Areas: b. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), substantially open to the sky,exclusive of streets,commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. Page 8 of 30 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doe OPEN SPACE, ACTIVE: Common area which includes,but is not limited to, athletic fields,buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing,rafting,canoeing, and the like. • Eagle City Code Section 8-1-2: Open Space,Passive: OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, excluding active open space areas. • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements: Minimum____ Lot Area Maximum Lot (Acres Or Minimum Zoning Maximum I Interior Street Covered F And Square Feet) Lot District Height Front Rear Side Side J* H* Width I* R-2 35' 30' 30' 10' 20' r 40% 17,000 75' R-3 35' 30' 25' 7.5' 20' 40% 10,000 r 75' • Eagle City Code Section 8-2A-7 (J)(4)(b): 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: b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet(50') wide buffer area(not including right of way) shall be provided with the following plants per one hundred(100)linear feet of right of way: five (5) shade trees,eight(8)evergreen trees, three(3)flowering/ornamental trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two(2) flowering/ornamental trees,provided that not more than fifty percent(50%) of the shade trees are substituted. A minimum five foot(5')high, maximum eight foot(8')high,berm, decorative block wall, cultured stone,decorative rock, or similarly designed concrete wall, or combination Page 9 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzfdoc 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 8-6-2: Effects of Other Zoning: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title,the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. B. In addition to the requirements of this chapter,planned unit developments shall also be subject to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land Subdivisions", of this code. • 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 8-6-6-2: Preliminary Development Plan: Page 10 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc A. Application For Preliminary PUD: An application for preliminary PUD shall be filed with the administrator by a property owner or person having existing interest in the property for which the PUD is proposed. At a minimum, the application shall contain the following information filed in triplicate: 7. A preliminary development plan, at a scale approved by the zoning administrator, showing: g. Layout and dimensions of lots and building setback lines; 8. Proposed schedule for the development of the site; C. Approval In Principle Of Preliminary Development Plan: 1. The Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations and its recommendation to the council. The Commission's recommendation in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses,configuration of parcels or engineering feasibility. 2. The Council shall consider all provisions of this chapter including the general standards applicable to conditional use permits and criteria for conditional uses before approving in principle a preliminary development plan. The Council may, upon the finding that unique or special circumstances exist with regard to the preliminary development plan, consider specific deviations from the requirements of this chapter provided conditions are placed on the PUD to assure that it will be designed and operated in accordance with goals and objectives of this chapter. • Eagle City Code Section 8-7-3: Conditional Use Permit: 8-7-3-2: General Standards for Conditional Uses: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection,drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Page 11 of 30 K:\Planning Dept\Hagle Appliications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzfdoc G. Will not involve uses, activities,processes, materials,equipment and 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; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: LARGE SCALE DEVELOPMENT: A subdivision,the size of which consists of fifty(50) or more lots or dwelling units. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. • Eagle City Code Section 9-3-5: Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • 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 the 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 9-3-8: Public and Open Spaces: C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. D. Common Area Open Space: 4. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners'association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners'association is the owner,the homeowners'association shall have lien authority to ensure the collection of dues from all members. The responsibility for Page 12 of 30 K:\Planning Dept\Eagle Applcations'Prcliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan)that: (1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; (2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for,the open space and outlines the means by which such funding will be obtained or provided; (3) Provides that any changes to the plan be approved by the city council; and (4) Provides for enforcement of the plan. • Eagle City Code Section 9-3-9: Water System: The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of this code. • 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 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Location: 2. In addition,pathways may be required to connect sites other than those noted above: a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated arterial roadway, or other roadway that may be hazardous for nonmotorized forms of travel, in order to reach the desired destination 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. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The Page 13 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet(2') wide(as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 6. In order to design for crime prevention, the following design standards will be followed: a. The use of"see through", open fencing, such as wrought iron, is preferred, as it provides better visibility from adjacent homes or buildings. Solid fencing is prohibited. E. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance and/or liability for a pathway. Installation costs, which may include construction of the paved path, are the responsibility of the developer. 1. Homeowners'Association: a. Pathway systems within a proposed subdivision providing access to private common space and/or other amenities that are used solely by the residents of a subdivision shall be the responsibility of the homeowners'association. b. Where the residents of a subdivision will be the primary beneficiaries of a pathway, and travel from adjoining neighborhoods will be minimal, a homeowners'association may be required to take responsibility for that path. • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways,railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. • Eagle City Code Section 9-5-4: Planned Unit Development: A planned unit development is a mechanism by which the city may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A planned unit development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy and efficient utilization of open space. Large scale developments as defined herein shall be submitted as planned unit developments. • Eagle City Code Section 9-5-4-2: Site Development Plan: The developer shall provide a colored rendering to adequate scale to show the completed development that will include at least the following: G. Open space; and H. Open fencing. • Eagle City Code Section 9-5-5: Large Scale Development Subdivision;Required Information Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts shall be submitted as planned unit developments. Due to the impact that a large scale development Page 14 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc would have on public utilities and services, the developer shall submit the following information along with the preliminary plat: A. Identification of all public services that would 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; B. Estimate of the public service costs to provide adequate service to the development; C. Estimate of the tax revenue that will be generated from the development; and D. Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development D. DISCUSSION: • The Eagle Comprehensive Plan designates the property as Residential Two with a density not to exceed two (2) units per acres. As described in the Comprehensive Plan the Residential Two areas are suitable primarily for single family residential development within areas that are rural in character. The applicant has submitted an annexation, rezone, preliminary development plan and conditional use permit for a planned unit development, and preliminary plat applications for Lanewood Subdivision No. 2, Planned Unit Development, which consists of 72.93-acres located on the northeast corner of North Lanewood Road and West Floating Feather Road. The applicant is requesting a R-3-DA-P (Residential — up to three (3) units per acre with a development agreement — PUD) zoning designation which has a 10,000-square foot minimum lot size. As described in the applicant's narrative, date stamped by the City on July 25, 2013, the applicant is requesting a development agreement to allow for a range of lot sizes and building opportunities that cannot be obtained under a R-2(Residential—up to two(2) units per acre) zoning designation to allow for flexibility in design while still maintaining the maximum density of the proposed development at two (2) units per acre. The applicant is proposing the development to have 142- buildable lots with a density of 1.99-dwelling units per acre. • The applicant's narrative, date stamped by the City on July 25, 2013, indicates that the subject property was approved for a similar residential development in 2007 by Ada County. On July 11, 2007, the Ada County Board of County Commissioners (BOCC) approved a rezone with development agreement, planned unit development, and preliminary plat for Lanewood Estates Planned Unit Development (Ada County File # 200700017 — S/ZC/PUD/DA). The Lanewood Estates Planned Unit Development consisted of a 426-lot (381-buildable, 45-common) residential development and was located on 190.5-acres. The previous developer started construction of the first phase of the Lanewood Estates Subdivision. This application submittal consists of a 71.35- acre parcel currently owned by the applicant and is a portion of the original Lanewood Estates Planned Unit Development that was approved by the Ada County BOCC. • The preliminary plat, date stamped by the City on July 25, 2013, does not contain a plat note in regard to the development agreement associated with the requested rezone. The applicant should provide a revised preliminary plat indicating that, "This development is subject to the development agreement associated with RZ-04-13 and any subsequent modifications". The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on July 25, 2013, shows 142 single-family residential lots ranging in size from 9,325-square feet to 27,881-square feet in size. The preliminary plat also shows the two (2) lots (Lot 5, Block 4 and Lot 3, Block 5, identified as "Buildable with Non-Build Agreement") of the previously approved Lanewood Subdivision No. 1, are proposed to be platted with this application in conformance with the proposed Condition of Development associated with the approval of Lanewood Subdivision No. 1. Page 15 of 30 K:\Ptanning Dept\Eagle Applications\Preliminary Development Plans\20t3\Lanewood Sub No.2 pzf.doc • The Lanewood Subdivision No. 2 Planned Unit Development Site Plan, date stamped by the City on July 25, 2013, shows 1) concept plan for the development, 2) a typical play structure, 3) a six- foot (6') high vinyl privacy fence inclusive of a two-foot (2') high lattice, 4) typical entry signage, and 5) six (6) single-family dwelling elevations. Any proposed single-family dwellings should be constructed in substantial conformance with the architectural styles shown on the Lanewood Subdivision No. 2 Planned Unit Development Site Plan. • The legend contained within the Lanewood Subdivision No. 2 Annexation and Rezone Conceptual Site Plan, date stamped by the City on July 25, 2013, indicates the applicant is proposing two (2) styles of fencing to be contained within the development. The site plan does not identify the locations of the proposed fencing. The applicant provided a "Proposed Exterior Fencing Plan Exhibit Lanewood Subdivision No. 2", date stamped by the City on July 25, 2013, which shows that a six-foot (6') high (4' solid with 2' lattice) vinyl fence to be located adjacent to a portion of the common areas located throughout the development. Pursuant to Eagle City Code Section 9-3- 10, any fence 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. The applicant should provide a revised Annexation and Rezone Conceptual Site Plan and "Proposed Exterior Fencing Plan Exhibit", showing all fencing located adjacent to a common area to be open style fencing, prior to the submittal of a design review application. • The Lanewood Subdivision No. 2 Annexation and Rezone Conceptual Site Plan and preliminary plat date stamped by the City on July 25, 2013, shows the common lot located adjacent to West Floating Feather Road to be 35-feet in width. The Annexation and Rezone Conceptual Site Plan also describes the buffer requirements for a rural and urban collector within the legend area. The 2035 Planning Functional Classification Map shows that Floating Feather Road is classified as a minor arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), the buffer area located adjacent to West Floating Feather Road is required to be 50-feet in width. It should be noted that the Lanewood Subdivision No. 1 buffer area located adjacent to West Floating Feather Road was approved at 35-feet in width due to the infrastructure improvements constructed pursuant to the Ada County approval. Since there are no improvements that have been previously constructed on this phase of the development the applicant should provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a 50-foot wide buffer area located adjacent West Floating Feather Road. The revised Annexation and Rezone Conceptual Site Plan should also contain language regarding the City of Eagle buffer requirements for a minor arterial. The revised Annexation and Rezone Conceptual Site Plan and preliminary plat should be provided prior to the submittal of a design review application. • The Lanewood Subdivision No.2 Annexation and Rezone Conceptual Site Plan, date stamped by the City on July 25, 2013, shows a pathway located on three(3) common lots. Neither the site plan nor the preliminary plat shows a cross section of the proposed pathway. Based on the referenced scale of the site plan it appears the pathway may be approximately five-feet(5') in width. Pursuant to Eagle City Code, micropathways within subdivisions which are designed for primary use by the residences of the subdivision are to be a minimum of eight-feet (8') wide. The applicant should provide a revised preliminary plat showing the pedestrian pathways located on the common lots internal to the site to be a minimum of eight-feet (8') in width prior to the submittal of a design review application. • Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all respects with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The applicant is requesting the setbacks to be consistent with the Lanewood Subdivision No. 1 approved setbacks as follows: Page 16 of 30 K:\Planning Dept\Eagle Apphcations\Preliminary Development Plans\2013\Ianewood Sub No.2 pzf.doc Setbacks: Front 20' Living area 25' Front of garage_(measured from property line) Rear 25'* Interior Side 5'(per story) Street Side 20' Maximum Coverage 40% * The rear setback for Lots with a depth of less than 125-feet shall be 15-feet. No structures may be permitted to encroach into any easement. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3 (residential—up to three units per acre): Front 30-feet* Rear 25-feet Interior Side 7.5-feet, two-story 12.5-feet Street Side 20-feet Minimum Roadway Frontage 35-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. It is staff's opinion in order to remain consistent with the previously approved subdivision (Lanewood Subdivision No. 1)the proposed setbacks should be approved. • Plat notes #1 and #3 of the preliminary plat date stamped by the City on July 25, 2013, indicate that the lot lines adjacent to a public right-of-way and adjacent to the rear lot lines shall have a 10- foot wide easement for public utilities, drainage, and pressurized irrigation. The applicant should provide a revised preliminary plat with plat notes #1 and#3 referencing the required easements to be 12-feet in width. The revised preliminary plat should be provided prior to the submittal of a final plat application. • Plat note #4 of the preliminary plat, date stamped by the City on July 25, 2013, identifies the common/landscape area lots of the subdivision. The Lanewood Subdivision No. 2 Annexation and Rezone Conceptual Site Plan, date stamped by the City on July 25, 2013, shows the area associated with Lot 5, Block 4, of the preliminary plat as a"Common Area"however, plat note#4 does not identify Lot 5, Block 4, as a common/landscape area lot. The applicant should provide a revised preliminary plat with plat note#4 identifying Lot 5, Block 4, as a common/landscape area lot prior to submittal of a design review application. • The Lanewood Subdivision No. 2 Annexation and Rezone Conceptual Site Plan, date stamped by the City on July 25, 2013, does not show a sidewalk located at the western boundary of the development adjacent to North Lanewood Road from West Floating Feather Road to a point located approximately 850-feet north of West Floating Feather Road. The applicant should provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a sidewalk located on the east side of North Lanewood Road from West Floating Feather Road to the property located at 2220 North Lanewood Road. The revised preliminary plat should be provided prior to submittal of a design review application. • The Lanewood Subdivision No. 2 Annexation and Rezone Conceptual Site Plan, date stamped by Page 17 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc the City on July 25, 2013, shows a wide pedestrian walkway or sidewalk located adjacent to West Floating Feather Road. Pursuant to Eagle City Code pathways adjacent to major roadways shall be a minimum of ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. The applicant should provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a ten foot (10') wide pedestrian pathway located within the common lot located adjacent to the road right-of-way of West Floating Feather Road. The revised Annexation and Rezone Conceptual Site Plan and preliminary plat shall be provided prior to the submittal of a design review application. • The applicant provided a preliminary plat, date stamped by the City on July 25, 2013, showing a phasing plan (Phasing A) with six (6) separate phases for development. Although the applicant has provided a plat showing a phasing plan the applicant has not provided a proposed schedule for development of the site pursuant to Eagle City Code. The applicant should provide a schedule indicating the timeframe for the development of the site prior to the submittal of a design review application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff to date, staff recommends approval with the site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on October 7, 2013, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to the application was presented by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by two(2)individuals. They were in favor of the proposed development,but had the following concerns: • The individual who lives south of the proposed development across Floating Feather Road wants to make sure that the existing berm from Phase One is continued abutting this development for privacy and noise abatement. • The individual who lives adjacent to the development is concerned with the stub street appearing to align with his shop, and wanted to verify that he will continue to get his irrigation water as he has historically. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Commissioner Smith was comfortable with the request to reduce pathways from 8-feet to 6-feet in width. He was concerned with the 50-foot buffer reduction and wanted to see how the existing berm from Phase One would tie into Phase Two. After seeing where the existing berm and future berm were located, he indicated that he was comfortable with the reduction in berm size. • Commissioner Roehling felt that if a variance to the pathway width requirement of 8-feet is reduced to 6-feet on a regular basis, then he felt that Council should rethink/rewrite the Code. He felt that the landscaping berm should be left at 50-feet, and feels that the closed fencing"closes off'neighborhoods. • Chairman Aizpitarte was comfortable with reducing the size of the landscape berm along Page 18 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\L.anewood Sub No.2 pzf.doc Floating Feather to 35-feet to be consistent with Phase One. COMMISSION DECISION REGARDING THE REZONE: The Commission voted 3 to 0 (Villegas absent, 1 vacant seat) to recommend approval of A-03-13 and RZ-04-13 for an annexation and rezone from R2 to R-3-DA-P with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 1.99 dwelling units per acre(142 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding 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`B") 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 maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. (b) A requirement for all fencing located adjacent to open space to be open-style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type wooden decorative fencing. All other fencing(ie. cedar fencing, vinyl, chainlink) shall be prohibited. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the 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`B". 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. 3.6 Final plat applications submitted in compliance with the approved preliminary plat phasing plan shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years following the approval of the preliminary plat for the first phase or after the recordation of the preceding final plat for subsequent phases. (Such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval). Any final plat shall be recorded within Page 19 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc two (2) years following Eagle City Council action on the final plat; provided however, Eagle City Council may approve the extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of time not to exceed two(2)years to facilitate the completion of improvements required by the applicable sections of Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle City Council may require applicant to adhere to subdivision ordinances and resolutions in effect at the time the extension is requested. COMMISSION DECISION REGARDING THE PUD: The Commission voted 3 to 0 (Villegas absent, 1 vacant seat) to recommend approval of CU-05- 15/PPUD-05-13/PP-06-13 for a conditional use permit, preliminary development plan, and preliminary plat for Lanewood Subdivision No. 2 with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-04-13. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City. (ECC 9-2-3 [C] [3] [1]) 4. Provide a revised preliminary plat indicating that, "This development is subject to the development agreement associated with RZ-04-13 and any subsequent modifications". The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. Provide a revised preliminary plat showing the pedestrian pathways located on the common lots internal to the site to be a minimum of six cight-feet(6W)in width prior to the submittal of a design review application. (ECC 9-4-1-6 [D][1]) 6. The applicant shall provide a revised Annexation and Rezone Conceptual Site Plan and exterior fencing plan exhibit, showing all fencing located adjacent to a common area to be open style fencing, prior to the submittal of a design review application. (ECC 9-3-10, 9-4-1-6 [D][6][a], and 9-5-4-2[H]) 7. The applicant shall provide a revised preliminary plat with plat note #1, revised to read, "All lot lines common to a public right-of-way shall have a 12-foot wide public utilities easement." The revised preliminary plat shall be provided prior the submittal of a final plat application. (ECC 9-3- 6) 8. The applicant shall provide a revised preliminary plat with plat note #3, revised to read, "All rear lot lines shall have a 12-foot wide public utilities, property drainage, and pressurized irrigation easement." The revised preliminary plat shall be provided prior the submittal of a final plat application.(ECC 9-3-6) 9. Provide a revised preliminary plat with plat note #4 identifying Lot 5, Block 4, as a common/landscape area lot prior to submittal of a design review application.(ECC 9-2-3) 10. The applicant shall provide a revised preliminary plat with a new plat note #5, revised to read, "Vehicular access to lots along W. Floating Feather Road and N. Champions Way are prohibited unless specifically allowed by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to the submittal of a design review application. Page 20 of 30 K:\Plarming Dept\Eagle Applcations\Preliminary Development Plans\2013\Lanewood Sub No.2 pzLdoc (ECC 9-4-1-2) 11. Provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a 3550-foot wide buffer area located adjacent West Floating Feather Road. The revised Annexation and Rezone Conceptual Site Plan shall contain language regarding the City of Eagle buffer requirements for a minor arterial. The revised Annexation and Rezone Conceptual Site Plan and preliminary plat shall be provided prior to the submittal of a design review application. (8-2A-7 [J][4][b]) 12. A note shall be placed on the final plat indicating that the side setback(that side adjacent to a pathway)for lots adjacent to interior pathways shall be 15-feet minimum from the paved edge of the adjacent pathway. (ECC 9-4-1-6[D][3]) 13. Provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a six tern foot (64-0') wide pedestrian pathway located within the common lot located adjacent to the road right-of-way of West Floating Feather Road. The revised Annexation and Rezone Conceptual Site Plan and preliminary plat shall be provided prior to the submittal of a design review application. (ECC 9-4-1-6[B][2][a] and 9-4-1-6[D][1]) 14. Provide a revised Annexation and Rezone Conceptual Site Plan and preliminary plat showing a sidewalk located adjacent to the east side of North Lanewood Road from West Floating Feather Road to the property located at 2220 North Lanewood Road. The revised preliminary plat shall be provided prior to submittal of a Design Review application. (ECC 9-4-1-6 [F][1]) 15. The required setbacks shall be as follows: Setbacks: Front 20' Living area 25' Front of garage(measured from property line) Rear 25'* Interior Side 5' (per story) Street Side 20' Maximum Coverage 40% * The rear setback for Lots with a depth of less than 125-feet shall be 15-feet. No structure may be permitted to encroach into any easement. 16. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1) 17. 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 in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and Page 21 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc irrigation improvements shall be provided to the City. (ECC 8-2A-7) 18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. (ECC 8-2A-7) 19. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2) 20. The entire Lanewood Planned Unit Development shall remain under the control of one Homeowner's Association. (ECC 9-3-8[D][4]) 21. The architectural styles provided by the applicant shall be the required architectural styles for the development. Photo examples of the above descriptive language, are attached as Exhibit "D" of the development agreement are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat application for phase one. (ECC 9-5-4-2) 22. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 23. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements and as required in site specific condition of approval#21 above of the PUD. 24. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Lanewood Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Lanewood Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4]) 25. The applicant shall provide a schedule indicating the timeframe for the development of the site prior to the submittal of a design review application. (ECC 8-6-6-2[A]) 26. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future."(ECC 9-4-1-2) 27. Comply with the requirements of all drainage and irrigation districts. 28. 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. 29. The applicant shall install at the entrances to the Lanewood No. 2 Planned Unit Development 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs Page 22 of 30 K:\Plannmg Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf doe being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any building permits. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health &Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 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. 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 title 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 Page 23 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pztldoc 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. 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. 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. 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. Page 24 of 30 K:\Planning Dept\Eagle Appfications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc 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. 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 Page 25 of 30 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2013\Lanewood Sub No.2 pzfdoc 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 submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily,no loud music, and no dogs off leash CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle Sewer District office at 6:00 PM, Thursday, May 30, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on July 25, 2013. Page 26 of 30 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc 2. 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 September 14, 2012, in the Idaho Statesman and on August 26, 2013, in the Valley Times. 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, 2013. Requests for agencies' reviews were transmitted on August 1, 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on September 6, 2013. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation with a development agreement (A-03-13/RZ-04-13) 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-3-DA-P (Residential maximum three units/acre with a development agreement and a planned unit development) is consistent with the Residential Two designation as shown on the Comprehensive Plan Land Use Map since the proposed development will provide under 2-dwelling units per acre; 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-3-DA-P (Residential maximum three units/acre with a development agreement and a planned unit development) is compatible with the RUT (Ada County Designation) zone and land use to the north since that area is designated as Residential Two in the Comprehensive Plan; d. The proposed R-3-DA-P (Residential maximum three units/acre with a development agreement and a planned unit development)is compatible with the R-2-DA-P(Residential-two units per acre with a development agreement) zone and land use to the south since that area has been developed with lots of similar size; e. The proposed R-3-DA-P (Residential maximum three units/acre with a development agreement and a planned unit development) is compatible with the R2 and RUT (Ada County Designations) zones and land use to the east since that area is designated as Residential Two in the Comprehensive Plan and a portion has been approved with lots of similar size with Lanewood Planned Unit Development; f. The proposed R-3-DA-P (Residential maximum three units/acre with a development agreement and a planned unit development) is compatible with the RUT (Ada County Designation) zone and land use to the west since that area is designated as Residential Two in the Comprehensive Plan; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use as conditioned within the development agreement so not to create a non- conforming use with the R-3 zone. 4. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-05-13/PPUD-05-13/PP-09-13) and based upon the information provided concludes that the proposed preliminary plat application is in Page 27 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc accordance with the City of Eagle Title 9 (Subdivisions)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. The intent of Lanewood Subdivision No. 2 is to provide a development with a transition of lot sizes, and a variety of single housing types; 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. Lanewood Subdivision No. 2 is designed to not exceed the total allowed density of Residential Three (up to three (3) units per acre) in the overall development. The proposed development provides a variety of lot sizes and housing types to blend in with the adjacent development and future development; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Lanewood Subdivision No. 2 is proposed to be developed in a manner harmonious with existing and future 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. No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area; 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 plan was designed with consideration given to usable open space and pedestrian pathways; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Page 28 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc The development will include extending two stub streets from the adjacent parcel, and one new stub street to the adjacent parcels which will provide intra-neighborhood connectivity upon development of the adjacent properties. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and 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 proposed development is in accordance with the Comprehensive Plan since the Plan calls for Residential Two(up to two(2)units per acre); and The Eagle Comprehensive Plan designates the property as Residential Two with a density not to exceed two (2) units per acres. The applicant is requesting a R-3-DA-P (Residential—up to three(3)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. 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 application requests 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 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. Page 29 of 30 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Lanewood Sub No.2 pzf.doc DATED this 21dy day of October 21, 2013. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada ' nty, Idaho i OF t Don Roehling, Commissioner ,,,11A11 1••,4•• AT, EST: �� /S aron ' -rgmann, Eagle City - SE A 44—cut Or Regulatory Taking Notice: Applicant has t�i1A•ttelit!1f nrsuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 30 of 30 K:\Planning Dept\Gagle Applications\Preliminary Development Plans\20l3Uanewood Sub No.2 pzf.doc