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Findings - PZ - 2014 - RZ-07-13 & PP-04-14 - Gateway Subdivision/101-Lot/24-Acre/ BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION,DEVELOPMENT ) AGREEMENT IN LIEU OF A PUD,AND ) PRELIMINARY PLAT FOR GATEWAY ) SUBDIVISION FOR NORTHSIDE ) MANAGEMENT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-13 MOD AND PP-04-14 The above-entitled development agreement modification, development agreement in lieu of a PUD, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on September 15, 2014, at which time public testimony was taken and the public hearing was closed. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: NorthSide Management, represented by Scott Noriyuki, is requesting a development agreement modification, development agreement in lieu of a PUD, and preliminary plat approval for Gateway Subdivision, a 101-lot (95 buildable and 6 common) residential subdivision. The 24- acre site is generally located at the SW corner of E. Sadie Drive and N. Echohawk Way. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 5:30 PM, April 16, 2014, 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 28, 2014. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 25, 2014. 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 21, 2014. Requests for agencies' reviews were transmitted on July 30, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 29, 2014. D. HISTORY OF PREVIOUS ACTIONS: On January 28, 2014, the Eagle City Council approved a Comprehensive Plan Text Amendment to establish language for the Guerber Park Planning Area and a Comprehensive Map Amendment changing the land use designation on the Comprehensive Plan Land Use Map from Residential Three (up to three (3) units per acre) to Mixed Use for the property. This action also approved a Zoning Ordinance Amendment to Eagle City Code 8-6-4-5: Housing for Older Persons to amend the minimum project size and the allowance of private roads and a rezone from R-3 (Residential Three — up to 3 units per acre) to MU-DA (Mixed Use with a Development Agreement). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU-DA(Mixed Use with Vacant Development Agreement) Proposed No Change No Change Single Family Residential North of site Residential R-3 (Residential up to three Residential subdivision unit per acre) (Ringo Ridge Subdivision) South of site Mixed Use R-3 (Residential up to three Vacant unit per acre) East of site Business BP(Business Park) State Hwy 55/Vacant West of site City Park PS (Public/Semi Public) Guerber City Park G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA,TDA or CEDA. H. SITE DATA: Total Acreage of Site—24 Total Number of Lots - Residential-95 Commercial-0 Industrial-0 Common -6 Total Number of Units - Single-family-95 Duplex-0 Multi-family-0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 3.96 4.87 (approved pursuant to the previously approved development agreement) Minimum Lot Size 5,000 square 5,000 square feet(minimum lot size in the MU zone feet approved within the development agreement previously approved for Housing for Older Persons for this site) Minimum Lot Width 50-feet 50-feet Minimum Street Frontage 50-feet 35-feet Total Acreage of Common Area 7.97-acres 5.622-acres (minimum) Percent of Site as Common 33% 20% (minimum) Area 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. Page 2 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: Eagle City Code Section 9-3-7(a) requires 20-foot wide landscape strips to screen adjacent incompatible features such as highways, railroads, commercial or industrial uses from proposed residential properties. Open Space: A total of 7.97-acres (33% of the total residential area of the subdivision) is proposed within the residential area of the subdivision. The total acreage is inclusive of Lot 1, Block 6 of Ringo Ridge Estates Subdivision No. 6. This 3.009-acre lot is being re-platted with this proposed subdivision. The open space consists of slopes, buffer adjacent to Echohawk and Sadie Drive. A minimum of 20% is required 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. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System(yes or no) -no Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The preliminary plat, date stamped by the City on July 28, 2014, contains a typical street section that does not clearly define the road width. The detail calls out that the roadway width is 34-feet wide, back of curb to back of curb. However, another detail calls out the lane widths to be 18-feet from centerline to back of curb, which would result in a 36-foot street section. The typical street section shows the roadway located within 50-feet of right-of-way. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Page 3 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc Cul-de-sac Design: The preliminary plat, date stamped by the City on July 28, 2014, shows one (1) knuckle located within the proposed development at the intersection of N. Mansfield Street and E. Dunno Street. No island is proposed. Sidewalks: An attached five-foot (5') wide concrete sidewalk is proposed located on both sides of all interior public 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 name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required Page 4 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated August 29, 2014 are of special concern (see attached). Ada County Highway District Central District Health Eagle Fire Department Idaho Transportation Department Republic Services Tesoro Logistics Q. LETTERS FROM THE PUBLIC: None to date R. 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 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. Page 5 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc In cased of large - scale PUDs(incorporating fifty(50)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10%of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial,public and quasi-public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. In cases where an increase in residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING -For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development,exceed that of a non PUD development. 23. SITING-For up to 5% That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering), incorporated into this development, exceed that of a non PUD development. 24. DESIGN FEATURES -For up to 5% That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Page 6 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. 6.8.14 Guerber Park Planning Area The Guerber Park Planning Area is designated as mixed use node combining, limited service commercial, limited retail, professional office, and a mixture of residential densities including single family, multi-family, and housing for older persons. The vision for the area is to recognize the activity center created by Guerber Park, transportation as it relates to the Highway 55 corridor and existing development, and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. The area is defined as the property on the west side of Hwy 55 and the north side of Hill Road, and includes the area north to the Arbor Ridge Subdivision, east to Hwy 55 and includes Guerber Park to the west. A. Uses The land use and development policies specific to the Guerber Park Planning Area include the following: 1. Parcel specific, limited service commercial, limited retail, professional office and medium to high density residential shall be allowed adjacent to Hill Road with the residential densities transitioning to no more than four units per acre towards the north and the existing large lot residential and the park to the west. 2. This area is encouraged to include active living opportunities for retirement age citizens (Housing for Older Persons). 3. Single use/strip commercial shall not be permitted in this area. Design shall focus inward and be integrated into the planning area with consistent architecture and site design. 4. Transitional residential densities and design elements (plantings, fences, etc.) should be used to provide buffering from the mixed use areas to the existing large lot residential uses within the planning area. B. Access 1. Primary vehicular access should be taken from Echohawk Drive and Sadie Drive with limited secondary access to Hill Road. 2. To the greatest extent possible, the planning area should be designed with internal circulation for pedestrians and bikes between residential, non-residential and park uses. 3. Private roads may be allowed in connection with housing for older persons and planned unit developments but private roads should be designed to limit access to public facilities and roadway networks unless deemed necessary for emergency services. C. Design 1. Development in the Guerber Park Planning Area shall be required to submit as a planned unit development and/or through a development agreement. 2. Architecture and signage for non-residential and multi-family uses should be designed to be compatible and compliment the other uses in the planning area. 3. Hill Road should be recognized as a gateway corridor for the City of Eagle and should have proper berming, landscaping, monumentation, and setbacks. Page 7 of 27 t FILENAME\p\*MERGEFORMAT K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 4. Pathways and trails within the planning area should be located so to limit impacts to the hillsides and areas of high erosion. 5. All grading and hillside disturbance shall be engineered to ensure stability and to limit the impacts of erosion. 6. There shall be an adequate buffer between the eastern boundary of Guerber Park and development areas to the east. The intent is to ensure that park users do not feel as though they are encroaching on private property and also to shield residents to the east from the frequent intense activities of the park. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code 8-2-1: Districts Established,Purposes and Restrictions: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. (Ord. 673, 11-27- 2012) • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements M. Parkway Strips, Separated Sidewalks, and Street Trees: 1. Except as may otherwise be required within the DDA, TDA, CEDA, and DSDA sidewalks shall be separated from the curb along all streets. Sidewalks shall be required when space permits. An eight foot (8') wide minimum parkway planter strip planted with shade class (class II) trees shall be required between the sidewalk and street to provide a canopy effect over streets. 2. In all required applications, excluding residential developments, one street tree, selected from the approved tree list in subsection Q of this section, shall be planted per thirty five (35) linear feet of street frontage. 3. Within residential developments one shade class (class II) tree selected from the approved tree list in subsection Q of this section shall be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees shall be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet(80') of street frontage. Page 8 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 4. In all cases, any planting within public rights of way shall be with approval from the public and/or private entities owning the property. (Ord. 699, 5-28-2013) • Eagle City Code 8-6-1: Planned Unit Developments: Purpose: It shall be the policy to guide a major development of land and construction by encouraging planned unit development(PUD)to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; • Eagle City Code 8-6-5-2: Common Area Open Space: A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents or users of the area being developed. B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in title 9 of this code. C. Compliance: All common area open space shall be evaluated for its compliance with the following: 1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrian-way treatment and recreational areas; 2. Siting: Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern,physical environment. D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent to, or at a minimum, have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code 9-1-6: 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. Open Space, Active: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community Page 9 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 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 code 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. Open Space, Passive: Common areas which includes, but is not limited to, landscape buffer areas required pursuant to subsection 8-2A-7J of this code (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 9-3-2-1: Location and Design C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul- de-sac or temporary cul-de-sac. A reserve street may be required and held in public ownership. • Eagle City Code 9-3-2-2: Street Widths A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. • Eagle City Code 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 drainage-way easements shall be provided in conjunction with the utility easement alongside 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 9-3-8: Public Sites and Open Spaces D. Common Area Open Space: The minimum percentage of the gross area that must be set aside for common area open space in new subdivisions shall be as follows: Zoning District Open Space R-2 18 percent R-3 18 percent R-4 18 percent R-5 = 18 percent MU(with residential uses) E 18 percent 1. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in section 9-1-6 of this title. 2. Compliance: All common area open space shall be evaluated for its compliance with the following: Page 10 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc a. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrian-way 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. 3. Direct Access: A minimum of thirty percent (30%) of all lots shall be designed to be adjacent to, or at a minimum,have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement. 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 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 9-4-1-2: Streets and Alleys All public streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Ada County highway district or the Idaho transportation department, whichever the case may be. (Ord. 566, 5-15-2007) • Eagle City Code 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations A. Intent: The placement of pathways is intended to encourage non-motorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. Page 11 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc B. Location: 1. The city shall require the creation and maintenance of pathways (except in cases where it is shown to be inappropriate),that provide access to adjacent: b. Public parks; 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 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. 5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from damaging the pathway surface. The root barrier shall consist of black injection molded panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty four inches (24") long by twenty four inches (24") deep. Each panel shall have no less than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-half inch ('/2") at ninety degrees (90°) from the interior of the panel, spaced six inches (6") apart. A minimum of nine (9) anti-lift tabs, three (3) each between the vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated joining system shall be employed for instant assembly by sliding one panel into the other. An alternative type barrier system of equal root penetrative resistance may be considered on a case by case basis, subject to the approval of the zoning administrator. 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. F. Sidewalk Design: 1. Sidewalks, a minimum five feet(5')wide, shall be required on both sides of the street. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. Page 12 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. • Eagle City Code 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. (Ord. 566, 5-15-2007) • Eagle City Code 9-5-4: Planned Unit Development Subdivisions: 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. (Ord. 566, 5-15-2007) D. DISCUSSION: • The preliminary plat, date stamped by the City on July 28, 2014, shows 5-foot wide attached sidewalks on the internal local roadways. Eagle City Code 9-4-1-6(F)(3) states that sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The applicant should be required to provide a revised preliminary plat showing detached 5-foot wide sidewalks with an 8-foot with planter strip throughout the development prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on July 28, 2014, contains a typical street section that does not clearly define the road width. The detail calls out that the roadway width is 34-feet wide,back of curb to back of curb. However, another detail calls out the lane widths to be 18-feet from centerline to back of curb, which would result in a 36-foot street section. The applicant should be required to submit a revised preliminary plat that clearly identifies the proposed street section as 34-feet wide or 36-feet wide prior to the submittal of the final plat application. • The preliminary plat, date stamped by the City on July 28, 2014, does not contain an ACHD master storm drain note for Lot 1, Block 10 and Lot 1, Block 6. The applicant should be required to provide a revised preliminary plat with an ACHD master storm drain note that references Lot 1,Block 10 and Lot 1,Block 6 prior to the submittal of a final plat application. • Plat note #7 of the preliminary plat, date stamped by the City on July 28, 2014, does not accurately represent the common lots due to what appears to be the lots and blocks transposed. The applicant should be required to revise the preliminary plat to read, "Lots 1, 14 and 46, Block 1, Lot 5, Block 4, Lot 10, Block 5, and Lot 1, Block 6 are common lots to be owned Page 13 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc and maintained by the Gateway Homeowner's Association." The revised preliminary plat should be provided prior to the submittal of the final plat application. • Plat note #8 of the preliminary plat, date stamped by the City on July 28, 2014, does not reference the correct zoning. Plat note#8 references setbacks for an L-O zone. The applicant should be required to revise the preliminary plat to read, "Setbacks shall be determined at the time of building permit application based on the zoning regulations in effect for the M-U zone." The revised preliminary plat shall be provided prior to the submittal of the final plat application. • The proposed knuckle at the intersection of N. Mansfield Street and E. Dunno Street does not comply with Eagle City Code with regard to cul-de-sac design. Per ECC Section 9-3-2-1 (G), the applicant should be required to construct the knuckle having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). The applicant should be required to provide a revised preliminary plat prior to the submittal of a final plat application. • Pursuant to the recently adopted sub-planning area (Guerber Park planning Area-6.8.14), a buffer between the eastern boundary of Guerber Park and the development areas to the east is required. Language from the Comprehensive Plan states that, "there shall be an adequate buffer between the eastern boundary of Guerber Park and development areas to the east. The intent is to ensure that park users do not feel as though they are encroaching on private property and also to shield residents to the east from frequent intense activities of the park." Staff recommends that the applicant address this matter with the Planning and Zoning Commission and City Council during the public hearing process to determine the interface between the Guerber Park and this development. The lots immediately adjacent to the park should also be required to have open style fencing such as wrought iron or extruded aluminum. • The proposed landscape plan submitted on September 2, 2014, identifies a 5-foot wide pathway on Lot 14 that provides access to Guerber Park. Eagle City Code 9-4-1-6(D)(1) states that "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. 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. Additionally, a root barrier shall be placed on both sides of the pathway to prohibit tree roots from damaging the pathway surface." The applicant should be required to provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 14, Block 1 within a 16-foot wide easement. The revised preliminary plat should be provided prior to the submittal of a final plat application. • The proposed landscape plan submitted on September 2, 2014 does not identify what areas of landscaping is active open space. Pursuant to Eagle City Code 9-3-8(D)(1), a minimum of 15% of the open space shall be active open space. The applicant should be required to provide active open space as defined as "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-7(J) of this code 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. The applicant should be required to provide a minimum of 15% of the open space as active open space. The applicant should be required to submit a revised landscape plan with the design review application. Page 14 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc • The proposed landscape submitted on September 2, 2014, does not show any landscaping on Lot 1, Block 1. The applicant should be required to provide landscaping on the common lot consistent with the landscaping proposed within the common lots of Gateway Subdivision and in accordance with Eagle City Code 8-2A. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested development agreement modification, development agreement in lieu of a PUD, and preliminary plat with 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 September 15, 2014, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals (other than the applicant/representative) who were pleased by the proposed development and finally developing the "hole," but had concerns regarding the proposed density and the proposed location of the stub street to the adjacent property to the south. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by six (6) individuals who indicated concerns regarding the proposed density of the development, traffic impacts to the adjacent roadways, similar and/or conducive architecture of the proposed home to the existing homes, maintenance of existing open space with Arbor Ridge Subdivision, landscape buffer adjacent to Guerber Park, and timeline of development. COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Commission voted 4 to 0 to recommend approval of RZ-07-13 MOD for a development agreement modification and development agreement in lieu of a PUD for Northside Management with the following modifications to the existing development agreement with strike through text to be deleted by the Commission and underline text to be added by the Commission: 3.1 The Revised Concept Plan represents the Owner's current concept for completion of the Project. As the Revised Concept Plan evolves, Eagle understands and agrees that certain changes in that concept may occur or be required. If Eagle reasonably 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 Revised Concept Plan and notice shall be provided as may be required by Eagle. 3.2 All development of the Property shall comply with Eagle City Code Section 8-2A (Design Review), and be generally consistent with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility at the time a detailed plan and platting are submitted to Eagle so long as the general intent of the Concept Plan and the requirements set forth in this Agreement are met. 3.3 Applicant will develop the Property subject to the conditions and limitations set forth in this 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. 3.4 Prior to submittal of any final plat application for any portion of the Property, such portion of the Page 15 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc Property shall (i) be annexed into Eagle Sewer District's boundaries and shall comply with all applicable Eagle Sewer District's regulations and conditions, (ii) have been issued any required approval letters from Idaho Division of Environmental Quality, and/or Central District Health. Further, prior to issuance of a building permit for any non-residential buildings that are not the subject of a final plat application, Owners shall provide proof of adequate sewer service to the proposed habitable buildings by causing a letter of approval to be provided to Eagle from Eagle Sewer District. 3.5 Internal pedestrian pathways shall be constructed of asphalt or concrete, and shall be a minimum of 6-feet in width. 3.6 Except as otherwise provided in this Agreement or by applicable ordinances, development of the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the time this Agreement is recorded. 3.7 The Single Family Residential lots proposed along the south side of Sadie Drive and at the . .. . ! - - -- - • - - - . • - - ' - • - • - coverage and setbacks), with a minimum lot square footage of 9,000 square feet and common Assoc. 3.8 The Setbacks for the"Older Persons"gated community shall be: Front: A°20'/garage, 15'/living area Rear: A' 15' Interior Side: A°5' Street Side: A' 15' Maximum Lot Covered: 100% Maximum Height: 35' 3.9 The Setbacks for the Single Family Residential units along Sadie Drive and at the terminus of Mariposa Dive shall fellow Eagle City Cede 8 2 •. • • - - . •- • - . . . 3.10 The conditions, covenants, and restrictions recorded against all portions of the property shall contain at least the following provisions: • An allocation of responsibility for maintenance, in perpetuity, of all community and privately owned landscape and amenities,pressurized irrigation,parking lots, and private road; • Establishment of an architectural control board for all buildings prior to building permit; • An allocation of responsibility for the operations and maintenance of the pressurized irrigation system for the Property. 3.11 The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the Owners Association(s)for the development. The applicant shall provide a copy of the CC&Rs (which include a similar statement regarding the common areas) for review and approval by the City attorney prior to the approval of the first final plat. The CC&Rs shall provide that the association(s) 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. The conditions, covenants, and restrictions shall be reviewed and approved by the City Attorney for both form and content to assure compliance with the conditions required herein, prior to the issuance of a building permit. residential use of this development shall be for Housing for Older Persons, and private roads will Page 16 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 3.13 The pressure irrigation system has been proposed as a shared system between the City of Eagle and WyCliffe and Gateway Developments. The use of the water by the City is intended to be used on the property known as Guerber Park. The developers of the two subdivisions have met with the City and are in process of formulating an agreement to establish the responsibilities of each party. . . . -- •- . .. . . . . - . - - ... obligated to deliver irrigation water to Guerber Park. The discussion contemplates the City acting • .. .. ""- . . - -- - - --_ - - . The agreement is intended to• specify that both developments will be provided necessary irrigation water to fulfill the needs of their respective developments commensurate with the existing irrigation water shares that they each own and contribute for use on the properties described in this paragraph in a cooperative matter as, or substantially similar to, a lateral users association. 3.14 The owner/developer is encouraged to develop the pathway system providing reasonable access to Guerber Park. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 recommend approval of PP-04-14 for a preliminary plat for Gateway Subdivision, for Northside Management, 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 strike through 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-07-13 & RZ-07-13 MOD. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering fees and legal fees incurred for reviewing this project,prior to the City Clerk signing the final plat. 4. Provide a revised preliminary plat showing a detached 5-foot wide sidewalk with an 8-foot with planter strip for all roadways within the proposed subdivision prior to submittal of a final plat application. (ECC 9-4-1-6[F][3]) 5. Provide a revised preliminary plat that identifies the proposed street section as 34-feet wide or 36- feet wide prior to the submittal of a final plat application. 6. Provide a revised preliminary plat with an ACHD master storm drain note that references Lot 1, Block 10 and Lot 1,Block 6 prior to the submittal of a final plat application. 7. The applicant shall be required to revise the preliminary plat to read, "Lots 1, 14 and 46, Block 1, Page 17 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc Lot 5, Block 4, Lot 10, Block 5, and Lot 1, Block 6 are common lots to be owned and maintained by the Gateway Homeowner's Association" prior to the submittal of the final plat application. 8. The applicant shall be required to revise plat note #8 of the preliminary plat to read, "Minimum building setbacks shall be determined at the time in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit application based on the zoning regulations in effect for the M-U zone or as specifically approved by the conditions of the development agreement for RZ-07-13 or any subsequent modifications." The revised preliminary plat shall be provided prior to the submittal of the final plat application. 9. Provide a revised preliminary plat showing that the knuckle located at the intersection of N. 10. If the City Council requires a landscape buffer area along the west property line (adjacent to Guerber Park), the applicant shall be required to provide a revised preliminary plat prior to the submittal of the final plat application. (Guerber Park Planning Area-6.8.14) 11. The lots immediately adjacent to Guerber Park shall be required to have open style fencing such as wrought iron or extruded aluminum. 12. Provide a revised preliminary plat showing an 8-foot wide pathway located on Lot 14, Block 1, within a 16-foot wide easement with root barrier placed on both sides of the pathway, prior to the submittal of a final plat application. (Eagle City Code 9-4-1-6[D][1]) 13. Provide a minimum of 15% of the open space as active open space. The applicant shall be required to submit a revised landscape plan with the design review application. 14. Provide a revised a revised landscape plan showing landscaping on Lot 1, Block 1, consistent with what is being proposed on the other common lots within the subdivision and in accordance with Eagle City Code 8-2A. The revised landscape plan shall be submitted to with the design review application. 15. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of a building permit or as specifically approved and/or required." 16. 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. Building permits applications that do not have an approval letter attached will not be accepted. 17. 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#15 above. 18. 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). Page 18 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 19. 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 irrigation improvements shall be provided to the City. (ECC 8-2A-7). 20. The Gateway Subdivision shall remain under the control of one Homeowners Association. 21. The pressure irrigation system has been proposed as a shared system between the City of Eagle and WyCliffe Estates and Gateway Developments. The use of the water by the City is intended to be used on the property known as Guerber Park. The developers of WyCliffe Estates and Gateway subdivisions have met with the City and are in process of formulating an agreement to establish the responsibilities of each party. -- -• . . • . .•-- .- . .• . , - __ •_ . - for WyCliffe Estates Subdivision. The pumping system will be analyzed to determine necessary Guerber Park. A distribution system will be designed with adequate capacity to serve the entire responsibilities will be established in the agreement. This approval is contingent upon the as the management entity for the pressurized irrigation system. The agreement is intended to specify that both developments will be provided necessary irrigation water to fulfill the needs of their respective developments commensurate with the existing irrigation water shares that they each own and contribute for use on the properties described in this paragraph in a cooperative matter as, or substantially similar to, a lateral users association. 22. 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 application. (ECC 9-4-1-2) 23. The applicant shall provide CC&Rs at the time of submittal of a final plat application indicating that the Gateway Homeowner's Association shall have the duty to maintain the pressurized irrigation system (in accordance with the provisions of the Procurement Irrigation Agreement with the City) and all common landscape areas in the subdivision are maintained 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]) 24. 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) 25. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 26. The applicant shall install at the entrances to the Gateway Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4"posts with the bottom of the signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off Page 19 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc leash. The signs shall be installed prior to the issuance of any building permits. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat(B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 20 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and(3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney Page 21 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. 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. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable)prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the Page 22 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 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. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 32. 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. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 5:30 PM, April 16, 2014. The development agreement modification and preliminary plat applications for this item were received by the City of Eagle on July 28, 2014. 2. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 25, 2014. 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 21, 2014. Requests for agencies' reviews were transmitted on July 30, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 29, 2014. 3. The Commission reviewed the particular facts and circumstances of this proposed development agreement modification (RZ-07-13 MOD) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU-DA (Mixed Use with a development agreement) is consistent Page 23 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site 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 MU-DA (Mixed Use with a Development Agreement)is compatible with the R- 3 (Residential) zone and land use to the north since the subject area will provide a transition of uses from the existing R-3 residential homes, and the proposed development will be residential in nature; and; d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the R- 3 (Residential) zone and land use to the south since the subject area is part of the Guerber Park Planning Area and vacant; and; e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with Echohawk Road to the east since this development will provide a landscape buffer and is bordered by a State Highway(State Highway 55) and; f. The proposed MU-DA(Mixed Use with a Development Agreement)is compatible with the PS (Public/Semi Public) zone and land use to the west since it's a park; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. 4. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The intent of Gateway Subdivision is to provide residential housing varieties which is a goal of the City of Eagle PUD ordinance. 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 because; The development will be harmonious and appropriate in appearance with the existing subdivision on the adjacent property. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Gateway Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity (Ringo Ridge Subdivision & Wycliff Estates Subdivision); and d. That the development does not involve uses, activities,processes, materials,equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned for residential similar to the character of the surrounding area, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Gateway Subdivision will be served by Echohawk Way which has access to Hill Road; and Page 24 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc 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 because; All central services are either available to the site or will be as conditioned herein, 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 because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses; 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 because; The development plan was designed with consideration given to usable open space,pedestrian pathways interior to the site, pedestrian access to Guerber Park, and improvements to open space adjacent to State Highway 55; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from Echohawk Way from Hill Road. The development will include a stub street to the adjacent parcel to the south of this development which will provide intra-neighborhood connectivity upon further development of said property. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; 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 because; The proposed development is in accordance with the Comprehensive Plan since the Plan calls for Mixed Use for the overall development; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a development agreement in lieu of a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the development will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; 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 because; Page 25 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc Residential is the only use approved for this development; and m. That the development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned herein; and n. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water, or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-04-14) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions)because: a. The requested preliminary plat complies with the approved zoning designation of MU-DA (Mixed Use with a development agreement). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Mixed Use (Guerber Park Planning Area) and provides the required improvements for a subdivision or as may be conditioned herein; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the requirements of the proposed development agreement modification, standards of Eagle City Code and the Eagle Architecture and Site Design book(EASD); and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Idaho transportation Department and the Ada County Highway District and is subject to the conditions herein; and f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; and g. That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. Page 26 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc DATED this 6th day of October, 2014. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho 1/-. Don Roehling, Chairman 44 pR A rtes U _ ATTEST: * Lose S %NM kilo" Sharon . Bergmann,Eagle City C -rk Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 27 of 27 K:\Planning Dept\Eagle Applications\SUBS\2014\Gateway Sub pzf.doc