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Findings - PZ - 2020 - A-06-19/RZ-12-19/CU-08-19/PPUD-05-19 &PP-08-19 - Rene Place Sub - 85 Lot Residential Planned Unit DevelopmentBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION AND REZONE FROM R-3 (RESIDENTIAL) AND RUT (RURAL -URBAN TRANSITION — ADA COUNTY DESIGNATION) TO R-5-DA-P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD), CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR RENE PLACE SUBDIVISION FOR MCG-STERLING, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-19/RZ-12-19/CU-08-19/PPUD-05-19 AND PP-08-19 The above -entitled annexation, rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their consideration on June 15, 2020, at which time public testimony was taken and the public hearing was closed. The Commission directed the applicant to re -design the preliminary plat and planned unit development plan to reduce the number of lots along the golf course and continued the applications to the July 20, 2020, at which time a second public hearing was held. The applications came before the Eagle Planning and Zoning Commission for their action on July 20, 2020, at which time public testimony was taken and the public hearing was closed. 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: MCG-Sterling, LLC, represented by Becky McKay, with Engineering Solutions, LLP, is requesting annexation, rezone from R-3 (Residential) and RUT (Rural -Urban Transition — Ada County designation) to R-5-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Rene Place Subdivision, an 85-lot (76-buildalble, 7-common, 2-non-buildable) residential planned unit development. The 18.51-acre site is located at the northeast comer of North Dicky Drive and North Rene Place at 500 North Rene Place. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in the Council Chambers at Eagle City Hall, at 6:00 PM, on Wednesday, June 5, 2019, in compliance with the application submittal requirement of Eagle City Code. A second Neighborhood Meeting was held in the Council Chambers at Eagle City Hall, at 6:00 PM, on Wednesday, November 6, 2019, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on December 20, 2019. A revised preliminary plat and planned unit development plan was provided to the City on January 28, 2020. A second revised preliminary plat and preliminary development plan were provided to the City on July 2, 2020. Page 1 of 28 K:1Planning DeptAEagle Applications\Prcliminary Development Plans12019\Rcne Place Sub pri'.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on January 7, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on May 29, 2020. Notice of this public hearing was mailed to property owners within 1500-feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 29, 2020. The site was posted in accordance with the Eagle City Code on May 31, 2020. Notice for the second Plannine and Zonine Commission public hearine held on July 20. 2020: Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 3, 2020. Notice of this public hearing was mailed to property owners within 1500-feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 2, 2020. The site was posted in accordance with the Eagle City Code on July 5, 2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 28 K:1Planning DeptlEagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Compact Residential Proposed No Change RUT (Rural -Urban Transition — Ada County designation) and R-3 (Residential) R-5-DA-P (Residential with a development agreement — PUD) North of site Neighborhood R-4 (Residential) Residential South of site Compact Residential R-1 (Residential) and R-3 (Residential) East of site Compact Residential RUT (Rural -Urban Transition — Ada County designation), R-3-DA-P (Residential with a development agreement — PUD), and R-3 (Residential) West of site Public/Semi-Public R-4 (Residential) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, C H. SITE DATA: Total Acreage of Site — 18.51-acres Total Number of Lots — 85 Residential — 76 Commercial — 0 Industrial — 0 Common — 7 Non -buildable — 2 Total Number of Units — 80 Single-family — 76 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 LAND USE Single-family dwelling and agricultural Single -Family, Residential Planned Unit Development Single -Family Residential (Melvin's Eagle Pointe Subdivision No. 8) Single -Family Residential (Evans Subdivision No. 3 and Ringo Ridge Estates Subdivision No. 1) Single -Family Residence and Single -Family Residential (Wycliffe Estates Subdivision and Ringo Ridge Estates Subdivision No. 1) Eagle Hills Golf Course EDA or DSDA. Page 3 of 28 K:\Planning DeptlEagle Applications\Prcliminary Development Plans\20191Rene Place Sub pzf .doc Additional Site Data Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Proposed Required 4.11-dwelling units per acre 5,000-square feet 50-feet Minimum Street Frontage 38-feet Total Acreage of Common Area 3.99-acres Open Space Percent of Site as Common Area 21.55% Open Space I. GENERAL SITE DESIGN FEATURES: 4.00-dwelling units per acre maximum (as limited in the development agreement) 7,000-square feet 70-feet 3 5-feet 3.99-acres minimum 20% 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. Open Space: A total of 3.99-acres of open space is proposed (inclusive of the planter strips). The preliminary plat and planned unit development plan, date stamped by the City on February 20, 2020, shows an approximately 1.88-acre common area centrally located within the development. The centrally located common area is proposed with a pathway network, plaza/sitting area with shelter, playground area, and workout stations along the pathway system. The preliminary plat and planned unit development plan also shows three (3) smaller common areas located at the southeast, southwest, and northwest corners of the development. The three (3) common areas will contain a pond and pumphouse to be utilized for pressurized irrigation (southeast corner), gravel emergency access road to North Rene Place (southwest corner), and pathway with open area (northwest comer). The site also contains common lots located adjacent to the streets and corner 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. Page 4 of 28 K:1Planning DeptlEagle Applications\Preliminary Development Plans1201911tene Place Sub pzf .doc Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On -site Septic System (yes or no) — Yes The existing home is currently served by a septic system. Preservation of Existing Natural Features: The property contains mature trees located at the southeast comer of the property. This area will be a common lot. The preliminary development plat/preliminary development plan shows the existing trees located within the common lot. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: ACM POBLA1EIrt h` EASE r aa� i� 1.52 0 i0 48• ROI 24' ® 2.5' ASPHA .1 C PAIOU T Q r ROVED CM AID Gum - SEE ISPE SD-712 © 5' worm serum - SEE ISM SO-709 24' 165 1i ACID PEI5iMU 1 EASE S ! 5 - - 7 i as © 4' OF 3/4' MIS CRUSHED CRM. EO PIT R!R1 G A'U. FO MIMED STME MUTE STREET SECTION - 48' RIGHT-OF-WAY WITH 8' SEPARATED S SIDEWALK INS. 1.59 1K j 0 • Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: None proposed. Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the 8-foot wide planter strips located outside of the right-of-way within the residential lots on both sides of all roadways. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Page 5 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat and planned unit development plan, date stamped by the City on July 2, 2020, shows pathways located within two (2) common lots (Lot 35, Block 1, and Lot 1, Block 4). The proposed pathways located within the centrally located Lot 1, Block 4, provides pedestrian interconnectivity throughout the subdivision. The proposed pathway located within Lot 35, Block 1, provides a pedestrian connection into the common area from the intersection of East Shadoweagle Way and North Hiltonhead Way. 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 — yes — located in proximity to the existing residence at the southwest comer of the property. Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown 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 letter dated January 20, 2020, are of special concern (attached to the staff report). Page 6 of 28 K:1Planning DeptAEagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc Q. City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated May 26, 2020, are of special concern (attached to the staff report). ACHD ACHD email (Austin Miller) Ballentyne Ditch Company Central District Health Department COMPASS (Communities in Motion 2040) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Jerry A. Kiser (on behalf of Farmers Union Ditch Company, Ltd.) Marathon Pipeline West Ada School District LETTERS FROM THE PUBLIC (attached to the staff report): Email received from Dave Radcliffe, dated April 7, 2020. Correspondence received from Ery Ballou and Terry Loftus with the Evans Water Corporation and Homeowners Association, date stamped by the City on June 10, 2020 Email correspondence received from Terry and Carol Lofsvold, dated June 10, 2020 Correspondence received from Nina Baker, President, Arbor Ridge HOA, date stamped by the City on June 11, 2020 Email correspondence received from Tom and Lauri Siegert, dated June 11, 2020 R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat and planned unit development plan, date stamped by the City on February 20, 2020, shows the subdivision will be constructed in two (2) phases. Phase 1 is slightly over half of the southern portion of the site and will consist of 44-buildable lots and 5-common lots. 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 uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. Page 7 of 28 K:\Planning Depaaglc Applications\Preliminary Development Plans\20191Rene Place Sub pzf .doc 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 case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Compact Suitable for single family residential. Densities range from 4 units per acre to 8 units per acre. CHAPTER 6: LAND USE 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Page 8 of 28 K:1Planning DeptlEagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet) H* Width I* R-5 35' 20' 25' 7.5' 20' 40% 7,000 70' B. Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-7-3-5: Conditional Use Permit: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title. Page 9 of 28 K:1Planning Dept'Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: 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 Section 9-3-2-2: Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, 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: 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. Page 10 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rcne Place Sub pzf .doc D. DISCUSSION (based on the preliminary plat and planned unit development plan, date stamped by the City on February 20, 2020, and the landscape plan, date stamped by the City on February 24, 2020): • The existing home located within the property is served by a potable well and septic system. The locations of the well and septic system are shown on the preliminary plat and planned unit development plan. Pursuant to Eagle City Code Section 8-2-3, in all zoning districts with densities which exceed one dwelling unit per two acres centralized water facilities and sewer facilities are required. The preliminary plat and planned unit development plan indicates the septic system and existing well are to be abandoned. The existing well and septic system serving the house located on Lot 11, Block 1, should be abandoned. The applicant should be required to provide documentation from the general contractor constructing the subdivision that the potable well and septic system have been abandoned. The existing house should be connected to central water and central sewer prior to the City Clerk signing the final plat. • The preliminary plat and planned unit development plan and landscape plan delineates the pathways within the development. The proposed pathways located within Lot 35, Block 1, and Lot 1, Block 4, are shown at 6-feet in width. Pursuant to Eagle City Code Section 9-4-1-6(D)(1), micropathways within subdivisions which are designed for primary use by the residences of the subdivision should be a minimum of 8-feet in width, however, in an area where low volume pedestrian traffic is anticipated, the Council may consider a reduction in the pathway width to 6- feet in width. The applicant should be required to provide a revised preliminary plat and planned unit development plan which shows the pedestrian pathway locations within Lot 35, Block 1 and Lot 1, Block 4, at a minimum of 8-feet in width, unless the Council determines that 6-feet is appropriate due to anticipated low volume pedestrian traffic. The revised preliminary plat and planned unit development plan should be provided prior to submittal of a design review application. • The applicant is requesting a reduction of the required setbacks within the development. The proposed setbacks identified on the preliminary plat and planned unit development plan are as follows: Front 20-feet Rear 25-feet Interior Side 7-feet (one and two story) Street Side 20-feet Maximum Lot Coverage 40% The applicant is requesting a R-5-DA-P (Residential with a development agreement — PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-5 (Residential) zoning designations: Front 30-feet Rear 25-feet Interior Side 7.5-feet (first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R-2 zoning district. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. Page 11 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Renc Place Sub pzf .doc The preliminary plat and planned unit development plan shows a typical street section for the interior streets with .5-feet of the 8-foot wide planter strip and the five foot (5') wide detached sidewalk being located within the property. Based upon the requested 20-foot front setback for the garage area, a driveway with a minimum 14.5-feet length would be located behind the sidewalk and the front of the garage allowing for vehicles to overhang the sidewalk. The front setback for a front -load garage should be a minimum of 30-feet to allow for vehicles to be parked in front of the garage without overhanging the sidewalk. The applicant is proposing a side setback of 7-feet for one and two-story structures. Twenty-four of the proposed lots are shown in conformance with the required 70-foot minimum lot width associated with the R-5 zoning designation. The remaining lots vary in lot width between 50-60 feet. The applicant has provided several building elevations showing the sides of two-story homes constructed on a single plane. As proposed the separation area between two (2) two-story homes would be 14-feet in width instead of 25-feet in width as required pursuant to Eagle City Code Section 8-2-4. It is staffs opinion that based on the width of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 20-feet 30-feet (front -load garage) Rear 25-feet Interior Side 7.5-feet (first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note #5, of the preliminary plat and planned unit development plan states, "Minimum building setback lines shall be in accordance with the zoning ordinance at the time of issuance of the building permit or as otherwise approved under a planned unit development." The applicant should be required to provide a revised preliminary plat and planned unit development plan with plat note #5 revised to state, "Minimum building setback lines shall be in accordance with the zoning code at the time of issuance of the building permit or as specifically approved." The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #7, of the preliminary plat and planned unit development plan states, "Lots 7, 12, & 35, Block 1; Lots 1 & 6, Block 2; Lot 10, Block 3; and Lot 1, Block 4 are common lots to be owned and maintained by the homeowners association or its assigns. All other lots in this subdivision are for single-family dwellings." Lots 5 and 6, Block 1, are not common lots or single-family dwelling lots; therefore, the note as written is not correct. The applicant should be required to provide a revised preliminary plat and planned unit development plan with plat note #7 revised to state, "Lots 7, 12, & 35, Block 1; Lots 1 & 6, Block 2; Lot 10, Block 3; and Lot 1, Block 4 are common lots to be owned and maintained by the homeowners association or its assigns." The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #15, of the preliminary plat and planned unit development plan states, "Lot 1, Block 4, is subject to a pedestrian easement for the benefit of the lot owners." Plat note #7, of the preliminary plat and planned unit development plan identifies the referenced lot has a common lot. Since this is a common lot there is no need for a pedestrian easement for the benefit of the lot owners. The applicant should be required to provide a revised preliminary Page 12 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc plat and planned unit development plan with plat note # 15 removed. The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #16, of the preliminary plat and planned unit development plan states, "Lot 7, Block 1, is subject to a sewer easement as shown for the Eagle Sewer District." The preliminary plat and planned unit development plan delineate an existing 8" sewer line located within Lots 5 and 6, Block 1, continuing on as a new line within Lot 7, Block 1. The applicant should be required to provide a revised preliminary plat and planned unit development plan with plat note #16 revised to state, "Lot 5-7, Block 1, is subject to a sewer easement (as dimensioned) for the Eagle Sewer District." The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. • Page 1 of 3 of the preliminary plat and planned unit development plan shows Block 3 with a total of 11-lot numbers. The page shows the number 9 located within Lot 8. Pages 2 and 3 of 3 show a total of 10-lots located within Block 3. Plat note #7, identifies Lot 10, Block 3, as a common lot. The applicant should be required to provide a revised preliminary plat and planned unit development plan with the Block 3 lot numbers sequentially renumbered to match pages 2 and 3 of 3 of the preliminary plan and planned unit development plan. The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat and planned unit development plan contain a "Preliminary Plat Data" table which identifies the lot count within the proposed subdivision. The table identifies that the subdivision contains a total of 87-lots (80-residential lots, 7-open space/common/park lots). The subdivision as proposed contains a total of 89-lots. Lots 5 and 6, Block 1, are not identified as buildable or open space/common/park lots. Pages 2 and 3 of 3 of the preliminary plat and planned unit development plan shows these two lots hatched with no identification within the "Legend" denoting the hatching. The applicant should be required to provide a revised preliminary plat and planned unit development plan with a new plat note which states, "Lots 5 and 6, Block 1, are Non -Buildable lots." The revised preliminary plat and planned unit development plan should show the lots counts identified in the "Preliminary Plat Data" table as follows: Residential Lots 80; Open Space/Common/Park Lots 7; and Non -Buildable Lots 2, for a total lot count of 89-lots. The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. Although notes 1-3, of the preliminary plat and planned unit development plan identifies the locations of public utility, irrigation, and lot drainage easements. Lots 5-6, Block 1, are not fronted to a public street; therefore, the actual easement areas are left to interpretation. The preliminary plat and planned unit development plan also identifies an existing 8-inch sewer line located along the common side lot line dividing Lots 5 and 6, Block 1. Due to the location and size of the existing sewer line a wider easement area along the common side lot line shared by Lots 5 and 6, Block 1. Notes 1-3, of the preliminary plat and planned unit development plan states in part, "Unless otherwise designated or dimensioned." The applicant should be required to provide a revised preliminary plat and planned unit development plan showing the locations of the public utility, irrigation, and lot drainage easements within Lots 5-6, Block 1. The revised preliminary plat and planned unit development plan should be provided prior to submittal of final development plan and final plat applications. Page 13 of 28 K:\Planning Dept\Eagle Applications\Prcliminary Development Plans120191Rene Place Sub pzf.doc • The United States Postal Service (USPS) is requiring that all development contain mail cluster boxes for residents to receive mail. The preliminary plat and planned unit development does not identify a location for mail cluster boxes. The preliminary plat and planned unit development plan shows Lot 1, Block 4, as a large centrally located common area. The majority of the common area is not located on a corner with approximately 150-feet of frontage to East Snocreek Drive. The preliminary plat and development plan shows two (2) storm drain w/catch basin areas, and the playground area located within the common area in close proximity to East Snocreek Drive. The applicant should be required to provide a revised preliminary plat and planned unit development plan showing the playground area located within Lot 1, Block 4, re -located slightly north of the currently proposed location to allow for mail cluster boxes and a paved area for accessing the mail cluster boxes. The paved area should be located between the two (2) storm drain w/catch basin areas. The revised preliminary plat and planned unit development plan should be provided prior to submittal of a design review application. • The subject property is located adjacent to the back nine of the Eagle Hills Golf Course. The Eagle Hills Golf Course is located on property which is not located within a platted subdivision. Dave Radcliffe, General Manager of the Eagle Hills Golf Course provided email correspondence, dated April 7, 2020, which indicated the applicant should be required to provide a stub street to their property (commonly known as the back nine of Eagle Hills Golf Course). The email further states that the land of the back nine is approximately 47-acres with a zoning designation of R-4 (Residential) and the owners of the golf course feel that warrants the requirement of a stub street to the east side of the property from the proposed Rene Place Subdivision. Pursuant to Eagle City Code Section 9-3-2-1 (C) states in part, where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas. Although the back nine of the golf course has street frontage to two (2) separate streets, due to the width of the frontage and the spacing of existing driveways and intersecting streets a connection to the streets to the golf course property may not be permitted. In the event the golf course is redeveloped into a residential subdivision a stub street to the east side of the golf course property would be warranted. The applicant should be required to provide a revised preliminary plat and preliminary development plan showing a street stubbed from North Hiltonhead Way to the west property line. The revised preliminary plat and preliminary development should be reviewed and approved by ACHD. The ACHD approved revised preliminary plat and preliminary development plan should be provided prior to submittal of a design review application. • The preliminary plat and planned unit development plan has a section titled "Existing Topography Note" which states, "All buildings, outbuildings, fences, concrete, etc. shall be removed and disposed per developer." The site contains an existing home, and three (3) accessory structures. The applicant should be required to remove the existing structures from the site. The structures should be removed prior to the City Clerk signing the final plat. • The preliminary plat and planned unit development plan show overhead power lines providing power to the existing home and the large accessory building located east of the existing home. Pursuant to Eagle City Code Section 9-4-1-8, underground utilities are required. The applicant should be required to remove the overhead power lines providing power to the existing home and accessory building(s) at the time of removal of the existing buildings. Page 14 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 15, 2020, at which time public testimony was taken and the public hearing was closed. The Commission directed the applicant to re -design the preliminary plat and planned unit development plan to reduce the number of lots along the golf course and continued the applications to the July 20, 2020, at which time a second public hearing was held. The applications came before the Eagle Planning and Zoning Commission for their action on July 20, 2020, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals who indicated the following: • The subdivision will provide affordable homes for individuals who have lived in the area for several years. • The subdivision will provide a value-added product for the city. • The project is designed to address the neighbors' concerns. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by nine (9) individuals who indicated the following: • The proposed density is too high for the area. • The subdivision is designed to maximize profits for the developer instead of focusing on the good of the neighborhood. • The neighborhood will negatively impact the surrounding subdivisions due to traffic impacts as a result of the proposed density. • The proposed density of the subdivision will have a negative impact on schools in the area. • Most of the traffic from the development will utilize the intersection of North Echohawk Way and East Hill Road which is already congested. • The timing of development of the adjacent property located east of the proposed subdivision is unknown; therefore, the timing of a secondary full access point is unknown. • The subdivision should be redesigned showing all of the lots to be in conformance with the minimum lot size of 7,000-square feet. • The subdivision is not proposed with sufficient traffic -calming devices which causes a concern for pedestrian safety. • A concern with the location of the temporary access to North Dickey Drive. • A concern that the small lots located along the golf course will have two-story homes. • As proposed the residents of the subdivision will have to travel through subdivisions with less density for ingress/egress. • One (1) of the individuals was not in agreement when the comprehensive plan associated with this area was changed from Residential Three to Compact Residential which allows for higher density. • The number of lots to be developed should be limited until a secondary full access is provided. • The development should be postponed until the other subdivisions located within the area are built -out so that the impact to the intersection of North Echohawk Way and East Hill Road may be determined. • The development should be limited to no more than three (3) dwelling units per acre. • The subdivision should have more than one (1) full access point. • The applicant should be required to comply with the setbacks and minimum lot size as required pursuant to Eagle City Code. Page 15 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Rene Place Sub pzf .doc D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals who indicated the following: • The proposed subdivision should not exceed three (3) units per acre. • One (1) of the individuals provided a history of the comprehensive plan and zoning ordinances associated with the area. The individual also provided an overview of how minimum lot sizing was determined based on open space requirements. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The applicant has provided a good transition of lot sizing to the adjacent properties. • They are supportive of sharing the recreational amenities with the adjacent neighbors. • The number of homes to be constructed should be limited until such time a secondary full access is provided. • They have a concern with the traffic impacts to the intersection of North Echohawk Way and East Hill Road. • A concern with the proposed density in an area surrounded by lower density development. • They do not support reduced setbacks for two-story dwellings. • The number of lots should be reduced so that the density does not exceed a maximum of four (4) dwelling units per acre. • The homes located on the narrow lots along the golf course should not exceed single -story. • No more than 75% of the homes (55 homes) should be permitted until a secondary full access is provided. • They do not support the setbacks being proposed by the applicant and should follow staffs recommended setbacks. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of A-06-19 and RZ-12-19 for an annexation and rezone from R-3 (Residential) and RUT (Rural -Urban Transition — Ada County designation) to R-5-DA-P for MCG-Sterling, LLC, with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission and underline text to be added by the Commission as follows: 3.1 The maximum density for the Property shall be 41.32 4.00 dwelling units per acre (40 74 single- family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. Page 16 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pi 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.7 Owner shall construct a tot lot and pedestrian pathways at the locations as shown on the Concept Plan (Exhibit C). 3.8 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.9 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "E". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. Page 17 of 28 K:\Planning DeptlEagle Applications\Prcliminary Development Plans120141Rene Place Sub pzf .doc To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.10 Owner shall place subdivision sign(s) containing information regarding the proposed development at the west terminus of East Snocreek Drive and the driveway entrance from North Rene Place. The subdivision sign(s) shall be located along all public roads located adjacent to the Property. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of CU-08-19/PPUD-05- 19/PP-08-19 for Rene Place Subdivision (Exhibit "A") for MCG-Sterling, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with strike through text to be deleted by the Commission and underline text to be added by the Commission as follows: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-12-19. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. 4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 5. The existing well and septic system serving the house located on Lot 11, Block 1, should be abandoned. The applicant should be required to provide documentation from the general contractor constructing the subdivision that the potable well and septic system have been abandoned. The existing house should be connected to central water and central sewer prior to the City Clerk signing the final plat. 6. Provide a revised preliminary plat and plan unit development plan which shows the pedestrian pathway locations within Lot 35, Block 1 and Lot 1, Block 4, at a minimum of 8-feet in width, unless the Council determines that 6-feet is appropriate due to anticipated low volume pedestrian traffic. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of a design review application. 7. The required setbacks shall be as follows: Front 20-feet 30-feet (front -load garage) Rear 20-feet Interior Side 7.5-feet (first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 40% 8. Provide a revised preliminary plat and planned unit development plan with plat note #5 revised to state, "Minimum building setback lines shall be in accordance with the zoning code at the time of issuance of the building permit or as specifically approved." The revised preliminary plat and Page 18 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Rene Place Sub pzf .doc planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 9. Provide a revised preliminary plat and planned unit development plan with plat note #7 revised to state, "Lots 7, 12, & 35, Block 1; Lots 1 & 6, Block 2; Lot 10, Block 3; and Lot 1, Block 4 are common lots to be owned and maintained by the homeowners association or its assigns." The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 10. Provide a revised preliminary plat and planned unit development plan with plat note # 15 removed. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 11. Provide a revised preliminary plat and planned unit development plan with plat note #16 revised to state, "Lot 5-7, Block 1, is subject to a sewer easement (as dimensioned) for the Eagle Sewer District." The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat and planned unit development plan with the Block 3 lot numbers sequentially renumbered to match pages 2 and 3 of 3 of the preliminary plan and planned unit development plan. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary plat and planned unit development plan with a new plat note which states, "Lots 5 and 6, Block 1, are Non -Buildable lots." The revised preliminary plat and planned unit development plan shall show the lots counts identified in the "Preliminary Plat Data" table as follows: Residential Lots 80; Open Space/Common/Park Lots 7; and Non -Buildable Lots 2, for a total lot count of 89-lots. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary plat and planned unit development plan showing the locations of the public utility, irrigation, and lot drainage easements within Lots 5-6, Block 1. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat and planned unit development plan showing the playground area located within Lot 1, Block 4, re -located slightly north of the currently proposed location to allow for mail cluster boxes and a paved area for accessing the mail cluster boxes. The paved area shall be located between the two (2) storm drain w/catch basin areas. The revised preliminary plat and planned unit development plan shall be provided prior to submittal of a design review application. 16. Provide a revised prelimirary•ing c creel sobbed from rty line. The revised preliminary plot and preliminary development shall ✓c reviewed —and —approved ! ACHD. The A D approve pint a d preliminary development —plan —shall —be pre aided —prior tc s application: 17. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's pathway recommendations, as identified in the Trails and Pathway Superintendent's memo, dated May 26, 2020. 18. The applicant shall remove the existing structures from the site. The applicant shall obtain a demolition permit from the City of Eagle Building Department for removal of the existing structures located on site. The structures shall be removed prior to the City Clerk signing the final plat. 19. The applicant shall remove the overhead power lines providing power to the existing home and accessory building(s) at the time of removal of the existing buildings. Page 19 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans12019\Rene Place Sub pzf .doc 20. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On -going surety for street trees for all undeveloped portions of the development will be required through project completion. 21. Rene Place Subdivision shall remain under the control of one Homeowner's Association. 22. Provide a revised preliminary plat/preliminary site development plan with a new plat note that states, "This development is subject to Covenants, Conditions, and Restrictions, Instrument # , and as amended. The Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat/preliminary site development plan shall be provided prior to submittal of final development plan and final plat applications. 23. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system, all common landscape areas, and all common area improvements in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 24. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan and final plat applications. 25. The narrow lots located along the Eagle Hills Golf Course shall be restricted to single -story dwellings (not to exceed a maximum of 25-feet). 26. The applicant shall only be permitted to record a final plat for 75% of the 74-buildable lots (55- buildable lots) prior to a secondary full access being provided in proximity to the northeast corner of the property. 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). Page 20 of 28 K:1Planning DeptAEagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc 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 fmal 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 fmal plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Page 21 of 28 K:\Planning Dept\Eagle Applications\Prcliminary Development Plans120191Renc Place Sub pzf .doc The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision -making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. Page 22 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Rene Place Sub pzf .doc 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 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. Page 23 of 28 K:1Planning Dept\Eaglc Applications\Pretiminary Development Plans120191Rene Place Sub pzf .doc 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-06-19/RZ-12-19) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-5-DA-P (Residential with a development agreement — PUD) is consistent with the Compact Residential designation as shown on the Comprehensive Plan Land Use Map since the density, as conditioned herein, is in conformance with the allowed density as identified within the comprehensive plan; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-4 (Residential) zone and land use to the north since this area is designated Neighborhood Residential in the Comprehensive Plan and is developed with a residential subdivision (Melvin's Eagle Pointe Subdivision No. 8); d. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with R-1 (Residential) and R-3 (Residential) zones and land uses to the south since those areas are designated Compact Residential in the Comprehensive Plan, developed with two (2) residential subdivisions (Evans Subdivision No. 3 and Ringo Ridge Estates Subdivision No. 1), and the applicant has proposed a transition in lot sizing; e. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT (Rural -Urban Transition — Ada County designation), R-3-DA-P (Residential with a development agreement — PUD), and R-3(Residential) zones and land uses to the east since a portion of the area may be developed in a similar manner, the area which is developed consists of two (2) residential subdivisions (Wycliffe Estates Subdivision and Ringo Ridge Estates Subdivision No. 1), and the applicant has proposed a transition in lot sizing; f. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-4 (Residential) zone and land use to the west since this area is designated Public/Semipublic in the Comprehensive Plan and contains a golf course (Eagle Hills Golf Course); Page 24 of 28 K:1Planning Dcpt\Eaglc Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non -conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-08-19/PPUD-05-19/PP-08-19) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Rene Place Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan and consistent with the requirements of Eagle City Code; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development is proposed to consist of single-family residential homes and will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed with a transition of lot sizing which will be harmonious with the adjacent developments; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Based on the transitioning of lot sizing, Rene Place Subdivision is proposed to be developed in a manner harmonious with existing and future residential uses in the immediate vicinity; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. There are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental to the surrounding properties upon completion of the site work; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Rene Place Subdivision will be served by an internal street network located within the development. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. g• All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, Eagle Water Company, and Ada County Highway District; and That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. Page 25 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc The development will contain a minimum of 21.55% of open space consisting of a 1.88-acre linear park area with a pathway system, workout stations, playground, and a gathering place with seating and shelter. A landscaped pocket park with a picnic area is located at the northwest corner of the subdivision. The southeast comer of the subdivision will contain a common lot with a pond and landscaping to provide passive enjoyment for the residents of the subdivision; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub street to the adjacent undeveloped parcel to the east which will provide intra-neighborhood connectivity and a secondary full access upon development of the adjacent properties. Access to the development will be provided from East Snocreek Drive and an emergency access will be provided between North Hiltonhead Way and North Dickey Drive. The design and construction of the roadways and entrances is regulated 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 scenic or historic features of major importance exist on site; and That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The Eagle Comprehensive Plan designates the property as Compact Residential. The applicant is requesting a R-5-DA-P (Residential with a development agreement — PUD) to allow for flexibility in design while still maintaining the maximum density of the proposed development at 4.11 dwelling units per acre. However, the Commission is recommending the development not exceed 4.00 dwelling units per acre as conditioned herein; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Page 26 of 28 K:1Planning DeptAEagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc Water Service The project is located within an area that is served by Eagle Water Company. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion, the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 21.55% of passive and active open space providing the residents with a tot lot, workout stations, picnic area, and gathering place with a shelter. A system of pedestrian pathways will provide the residents a safe and efficient way to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Rene Place Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Rene Place Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build -out is approximately $16,161/annually (with Homeowner's Exemption). That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development; therefore, the public service providers avoid potential liability and expenses. P• Page 27 of 28 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120191Rene Place Sub pzf .doc DATED this 3rd day of August, 2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman AT U J Sh Bergmann, Eagle City Clerk Page 28 of 28 K \Planning Dept Eagle ApplicationsWPreliminary Development Plans\20 I9\Rene Place Sub pzf.doc RECEIVED & FILED CITY OF EAGLE IO 50 F 1011 a FELT 00 MIAOW • 5AE r tax.] 'Ir._ Tss I 1 O It Ib i .ta of Q LS' 0TIa0C MOOT QI r 1Mn cue M M MSn - SP ®6 5D-702 © r mola SCOOTS - 1Q 6MK 0-5I Jr A00 roman 4Y us r I r 0 f CS/f11M 0000 WC 0a0 moo © MOOED s1Aa3 SwMM.x STREET SECTION - 48' RIGHT-OF-WAY WITH DETACHED SIDEWALK HTb. - =MX IME Ran Or MY UIE LOT 1.1E 001E 64502110 UM Cn1WITS 610II1 MM•M BOUNCE 1 Man OMCIART J U L 0 2 2020 •:.:z '• : LIB° 1►�fr-y� - =54111111 = \� --SS m.wm.A1M WM 1 : l iu /1/'014114;P:whi4o. _mi./ ...... — it? memo to ;71111/0111111 „if it7 LOOM 0 M1 fa Or mom Ia sor . 1-A0A aNC 1(W. as CM/ An MIAO, COMM PRELIMINARY PLAT NOTES T. MESS 01006E MOM L n060O. a01 9011 E a r001006 0000 as 6116 NUM n1Aan IR 0111 . MO. 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