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Findings - CC - 2014 - RZ-14-06 MOD2/PP-03-04 - Da Modif In Lieu Of Pud/82 Lot/18.58 Acre BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION,DEVELOPMENT ) AGREEMENT IN LIEU OF A PUD,AND ) PRELIMINARY PLAT FOR EAGLE LOFTS ) SUBDIVISION FOR BHH INVESTMENTS II,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-14-06 MOD2 AND PP-03-14 The above-entitled development agreement modification, development agreement in lieu of a PUD, and preliminary plat applications came before the City Council for their action on November 10, 2014. The Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: BHH Investments II, LLC, represented by KM Engineering, LLP is requesting a development agreement modification (development agreement in lieu of a PUD) and preliminary plat approval for Eagle Lofts Subdivision, an 82-lot(76-buildable, 5-common, and 1-private street) residential subdivision. The 18.58-acre site is generally located on the south side of Riverside Drive approximately 1,600-feet west of the intersection of Riverside Drive and S. Edgewood Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 25, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on July 17, 2014. A revised preliminary plat was submitted on September 19, 2014. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 30, 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 26, 2014. Requests for agencies' reviews were transmitted on July 22, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 28, 2014. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 20, 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 October 16, 2014. The site was posted in accordance with the Eagle City Code on October 31, 2014. D. HISTORY OF PREVIOUS ACTIONS: On January 16, 2007, the Eagle City Council approved applications for annexation, rezone with a development agreement, preliminary plat, and conditional use permit for a height Page 1 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf.doc exception for townhouses/condominiums, and design review for The Lofts at Eagle River Subdivision (A-12-06/RZ-14-06, PP-15-06, CU-05-06, DR-57-06 and DR-58-06). On December 18, 2007, the Eagle City Council approved an extension of time for the preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2009 (PP-15-06). On March 18, 2008, the Eagle City Council approved a modification of the conditional use permit extending the timeframe to August 13, 2009, to obtain building permits for the townhouses/condominiums to be located at The Lofts at Eagle River Subdivision (CU-05- 06 MOD). On April 8, 2008, the Zoning Administrator approved an extension of time of the design review for the common area landscaping, residential townhouses, and residential condominiums for The Lofts at Eagle River Subdivision to be valid until August 13, 2009 (DR-57-06). On April 14, 2009, the Eagle City Council approved an extension of time of the preliminary plat for The Lofts at Eagle River Subdivision to be valid until June 18, 2010 (EXT-01-09). On June 16, 2010, the Ada County Board of County Commissioners approved a temporary permit for a summer concert series (eleven (11) concerts) to occur on the property for Shannon Cook to be valid until October 31, 2010(201000242-TP-A). On September 14, 2010, The Eagle City Council approved an extension of time for the preliminary plat for The Lofts at Eagle River Subdivision with conditions. The extension of time to be valid until June 18, 2011 (EXT-03-10). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 29 K\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc 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 a Vacant parcel development agreement) Proposed No change No Change (Modification of Single-family residential the existing development subdivision agreement) North of site Mixed Use MU-DA (Mixed Use with a Office buildings(Mixed development agreement) Use Subdivision No. 4) South of site Residential Two R-2 (Residential) Boise River and residential subdivision (Nestled Island Subdivision) East of site Mixed Use MU-DA(Mixed Use with a Residential subdivision development agreement) (Lonesome Dove Subdivision) West of site Mixed Use MU-DA(Mixed Use with a Vacant parcel(future development agreement) Eagle River Apartments) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site— 18.58-acres(9.54-acres outside of floodway) Total Number of Lots—82 Residential—76 Commercial—0 Industrial—0 Common—6(inclusive of private street) Total Number of Units—76 Single-family—76 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 3 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 7.97-dwelling units per acre* 7.97-dwelling units per acre as shown on the Concept Plan Minimum Lot Size 3,038-square feet 3,038-square feet Minimum Lot Width 49-feet 49-feet Minimum Street Frontage 0-feet 0-feet Total Acreage of Common Area 9.79-acres** 3.71-acres(minimum) Percent of Site as Common Area 55.27%** 20% (minimum) Except that, according to ECC Section 9-3-8 (C)the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. *Based on area located outside of the floodway area. **Based on area inclusive of floodway area and minus private street common lot. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The site is currently screened from East Riverside Drive by a landscaped berm which was constructed as part of the Eagle River Development. There is a 10-foot wide pathway located between the landscape berm and East Riverside Drive. The preliminary engineering plan, date stamped by the City on September 19, 2014, shows a 12-foot wide asphalt pathway (located within the Ballantyne Irrigation Ditch easement) providing connectivity to the existing greenbelt pathway located in Lonesome Dove Subdivision. Open Space: A total of 11.61-acres (inclusive of 1.34-acres of private street area measured from back of curb to back of curb) of open space is proposed within the residential subdivision. The common lots minus the private street lot is 9.79-acres in size and consists of five (5) common lots. Two (2) common lots (Lot 38 and 82) contain the floodway area. Lot 38 is shown to contain two (2)pathways providing connectivity to the greenbelt area. The three remaining common lots (Lots 57, 66, and 75) provide a small open area between residential lots and the private street. 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 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf 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 (PUD). The property has a MU-DA (Mixed Use with a development agreement) zoning designation and the applicant is requesting a development agreement modification to utilize the existing development agreement in lieu of a PUD pursuant to Eagle City Code. 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: The existing natural features on the site are located within the floodway area and will 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 applicant is proposing to construct private streets within the development. The private street section shows a 50-foot wide road section inclusive of a 29-foot wide roadway section (as measured from back of curb to back of curb) with an eight-foot (8') wide planter strip located on each side of the roadway. The private street section also shows five-foot (5') wide detached sidewalks located on each side of the street. The sidewalks are located within the individual lots. The sidewalks are separated from the street by an eight-foot(8')wide planter strips. Applicant's Justification for Private Streets (if proposed): In the applicant's narrative, date stamped by the City on September 19, 2014, the applicant indicated they are proposing private streets due to ACID maintenance vehicle turnaround requirements. The applicant also indicated that the proposed high density layout would be significantly impacted. Blocks Less Than 500':None Cul-de-sac Design:No cul-de-sacs are proposed. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior private streets. Curbs and Gutters: Rolled curb and gutter are proposed for the interior streets. Page 5 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc Lighting: Lighting for the proposed private 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 Naming 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 "Open Space and 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 — yes — floodway area located adjacent to the Boise River. Evidence of Erosion—no Fish Habitat—no Floodplain—yes—floodway area to be preserved in its natural state Mature Trees—yes—located within the floodway area Riparian Vegetation—yes—located adjacent to the Boise River Steep Slopes—no Stream/Creek—yes—Boise River located adjacent to the southern boundary Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—yes—within the natural area located adjacent to the Boise River 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 September 9, 2014, are of special concern(attached to the staff report). Ada County Highway District Central District Health Eagle Fire Department Republic Services Tesoro Logistics(formerly known as Chevron Pipe Line) Page 6 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc Q. LETTERS FROM THE PUBLIC:None received to date 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 Agreement process, see specific planning area text for a complete description. An allowable density of up to 10 units per 1 acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation show shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-2-1: Districts Established: 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 Page 7 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc 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 8-6-5-1 of 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. • Eagle City Code Section, 8-2-4 Schedule of Building Height and Lot Area Requirements: G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code, Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development(PUD)so as to provide an enhanced integration of open space and a variety of housing options,the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision,the initial starting point for minimum open space,prior to any"offsetting increase" being added, shall be the area that is equal to ten percent(10%)of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering); and Page 8 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc c. Design features, street sections, architectural styles,harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community(such as trees, watercourses, historic spots and similar irreplaceable assets)shall be preserved in the design of the development. • Eagle City Code, Section 8-10-1(G): Modification of a Development Agreement: Modification Of Development Agreement: A development agreement may be modified by the city council only after complying with the notice and public hearing provisions of section 67-6509 of the Idaho Code. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9-1-6: LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty(50) or more lots or dwelling units. • Eagle City Code, Section 9-3-2: Streets and Alleys: o Section 9-3-2-1: Location and Design: Streets and road location and design shall conform to the following standards: I. Private Streets: Private streets that provide access to no more than ten percent(10%) of the lots may be permitted within planned unit developments provided that the standards within section 9-3-2-5 of this chapter are met. J. Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. o Section 9-3-2-5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent(10%)of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location,topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. Page 9 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. Other than to provide emergency access,the private streets do not connect one public street to another,thereby encouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet(34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2- 1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; Page 10 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners'association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in Page 11 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. • Eagle City Code Section, 9-3-5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet(12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along 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 9-3-7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall comply with all landscape/buffer area requirements within section 8-2A-7 of this code. • Eagle City Code, Section 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following Page 12 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc situations exist(the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two(2)years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision,the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25%) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two(2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required. 4. Requests for waivers shall be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and/or a delivery system are not available to the property. Page 13 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc • Eagle City Code, Section 9-5-5: Large Scale Development Subdivision;Required Information Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts shall be submitted as planned unit developments. Due to the impact that a large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat: A. Identification of all public services that would be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection; B. Estimate of the public service costs to provide adequate service to the development; C. Estimate of the tax revenue that will be generated from the development; and D. Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development. • Eagle City Code, Section 9-5-7: Subdivision Within A Floodplain: In addition to the provisions of this title, any subdivision within the designated floodplain of the city shall comply with all applicable provisions of the floodplain regulations of the city as now in effect or as may hereafter be amended. • Eagle City Code, Section 9-5-8: Subdivision Within An Area Of Critical Concern: A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as areas of critical concern by the city council or by the state of Idaho. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows: 3. Unique animal life; 4. Unique plant life; 5. Scenic areas; 7. Floodplain; 8. Center city; B. Environmental Assessment Plan: The developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern. The contents of the environmental assessment shall be prepared by an interdisciplinary team of professionals that shall provide answers to the following questions: 1. What changes will occur to the area of environmental concern as a result of the proposed development? 2. What corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern? 3. What changes in the area of environmental concern are unavoidable? Page 14 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf.doc 4. What beneficial or detrimental effect would the development have on the environment including, but not limited to, animal life, plant life, social concerns, economic, noise, visual, available farmland and other? C. Areas Of Critical Concern: The following areas are specifically identified as areas of critical concern: 1. Boise River Floodplain: The Boise River floodplain and certain intervening and immediately adjacent areas are designated as areas of critical concern due to their ecological and scenic significance. This area comprises the two(2)channels of the Boise River and intervening and immediately adjacent areas, as depicted on the land use designation map of the comprehensive plan adopted by the city of Eagle on May 11, 1993, as a "special area", including that portion in the Eagle impact area. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • See Staff Recommendation for Development Agreement Modification (See page 5 of the staff report). E. DISCUSSION: • The Eagle Comprehensive Plan Land Use Map designates the property as Mixed Use, Floodway, and Scenic Corridor. The applicant has submitted a development agreement modification and a preliminary plat application for Eagle Lofts Subdivision, which consists of 18.58-acres. The applicant is proposing an 82-lot (76-buildable, 5-common, and 1-private street) single-family residential subdivision. The proposed density of 7.97- dwelling units per acre is based on the area located outside of the floodway area. The residential area of the proposed development provides building lots ranging in size from 3,038-square feet to 5,715-square feet in size. The property was zoned MU-DA (Mixed Use with a development agreement) because the previous applicant received approval for a multi-family residential development and utilized the MU-DA (Mixed Use with a development agreement) in lieu of a planned unit development. The applicant is requesting a modification of the development agreement and will also be utilizing the development agreement in lieu of a planned unit development. The Mixed Use (MU) zoning designation requires a minimum lot size of 5,000-square feet. The applicant is proposing 11.61-acres of common area which includes the private street common lot. • The preliminary plat, date stamped by the City on September 19, 2014, does not contain a plat note referencing the development agreement associated with the rezone (application #RZ-14-06) of the property. The original development agreement has been modified since the original approval. Since the development agreement is being utilized in lieu of a planned unit development the applicant should provide a revised preliminary plat which includes a new plat note stating, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-14-06 MOD2 and subsequent modifications. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #1 of the preliminary plat, date stamped by the City on September 19, 2014, states that, "An 11-foot wide public utility and drainage easement will be provided along Kaysa Lane, Lone Creek Drive, Addison Lane and Lone Shore Drive". The separated sidewalks located adjacent to the streets are located within the aforementioned easements Page 15 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc on the individual residential lots. The applicant should provide a revised preliminary plat with the easement language contained in plat note #1 revised to include the separated sidewalks allowing for pedestrian accessibility prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on September 19, 2014, identifies cross access easements providing access to the residential lots that do not have frontage to the private streets. The final plat should identify the cross access easements (driveways) providing access to the residential lots that do not have frontage to a private street. The final plat should also contain a plat note that: 1) conveys to the lot owners served by the cross access easement a perpetual ingress and egress over the cross access easement and 2) provide that such perpetual cross access easement should run with the land and 3) provide that the homeowners who do not have frontage to a public street have the duty to maintain and operate the driveways, located within the cross access easements, including the repair and maintenance of the driveway surface, in perpetuity. • Plat note #7 on the preliminary plat, date stamped by the City on September 19, 2014, states that, "The following lots are designated as common lots: Lots 11, 38, 57, 66, 75." The proposed private street is located within Lot 11. The applicant should provide a revised preliminary plat with plat note #7 revised to read, "Lot 11 is designated as a private street and Lots 38, 57, 66, and 75 are designated as common lots which shall be owned and maintained by the Eagle Lofts Homeowner's Association." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on September 19, 2014, notes and shows the subdivision will be served by private streets. The applicant's justification for the private streets is that due to ACHD's maintenance vehicle turnaround requirements the high density layout would be significantly impacted. Pursuant to Eagle City Code Section 9-3-2-5(A), private streets may provide access to no more than 10-percent (10%) of the lots within a planned unit development provided the Council determines that the private streets are in compliance with specific standards. Those standards include safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking, private streets do not adversely affect access to adjacent property and to the area travel networks, private streets do not land lock adjacent property, the private streets do not connect one public street to another, and the alignment of the private streets does not interfere with the continuity of public streets. Staff will defer to the Commission and Council regarding the approval of this request. Should the Council approve the development with a private street, the applicant should provide a revised preliminary plat which contains plat notes that: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary engineering plan, date stamped by the City on September 19, 2014, shows a typical 29-foot wide street section (measured from back of curb to back of curb) with rolled curb and gutter. Pursuant to Eagle City Code, Section 9-3-2-5(B)(2), vertical curbing is required for streets less than 34-feet in width. Should the private streets be approved the applicant should provide a revised preliminary engineering plan containing a typical street section showing the private streets to be bordered by vertical curbing prior to submittal of a final plat application. Page 16 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc • The preliminary engineering plan, date stamped by the City on September 19, 2014, shows three (3) lots (Lots 47-49) taking access from Kaysa Lane from a single driveway. Pursuant to Eagle City Code Section 9-3-2-1(J), driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. The applicant should provide a revised preliminary engineering plan showing that no more than two (2) dwelling units are taking access from a single driveway prior to submittal of a final plat application. • The applicant has requested a waiver to the requirement of providing pressurized irrigation. The applicant narrative, date stamped by the City on September 19, 2014, indicated that although the property has irrigation water rights there is no delivery point for irrigation water due to being cut off during the course of development to the area. 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. The public hearing was continued to October 6, 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 the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The subdivision layout is attractive • The proposed private roads will adequately serve the development • Storm water facilities will need to be addressed at the time of final plat • The subdivision will have a nice visual impact and will benefit the area • Due to the irrigation access being compromised the requested pressurized irrigation waiver request is warranted • The applicant is requesting two (2) exceptions to Eagle City Code in regard to allowing more than 10% of the lots within the subdivision to be accessed by private streets and the number of dwellings to be served by a single driveway • The Council has supported exceptions to allowing private streets to serve more than 10% of the residential lots located within a subdivision COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Commission voted 3 to 0 to recommend approval of RZ-14-06 MOD2 for a modification to the development agreement(development agreement in lieu of a PUD)for BHH Investments II, LLC,with conditions of development as provided within their findings of fact and conclusions of law document, dated October 20, 2014. Page 17 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 3 to 0 to recommend approval of PP-03-14 for a preliminary plat for Eagle Lofts Subdivision for BHH Investments II, LLC, with the site specific and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 20, 2014. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on November 10, 2014, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Council voted 4 to 0 to approve RZ-14-06 MOD2 for a modification to the development agreement (development agreement in lieu of a PUD) for BHH Investments II, LLC, with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement modification: 3.1 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. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 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. The applicant shall also provide documentation from Eagle Sewer District approving the final construction plans prior to submittal of the final plat application. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central District Health,that the install system is approved prior to issuance of any building permits. 3.4 As provided by the applicant,the architecture as shown on Exhibit"D"shall be the required architecture standard for the development. The applicant shall create an architectural control committee(ACC)as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of a condominium plat or issuance of a zoning certificate,whichever occurs first. Page 18 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf.doc The submittal of a building permit application to the City for all buildings 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. 3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to submitting application for final plat approval. 3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following: (a) 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. (b) A maintenance manual for the private streets requiring the association(s) shall have the duty to maintain and operate all of the private streets including the repair and replacement of asphalt and sidewalks. (c) Provide that the homeowners who do not have frontage to a public street have the duty to maintain and operate the driveways, located within the cross access easements, including the repair and maintenance of the driveway surface, in perpetuity. 3.7 The Concept Plan shows the locations for all buildings within the development. The Setbacks shall be as follows(Exhibit E): Front(adjacent to street) 11 feet 17 feet(to garage)(measured from back of sidewalk) Front(no street frontage) 5 feet Rear 5 feet Sides 5 feet Maximum coverage 60% 3.8 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.9 The owner shall provide an Environmental Impact Assessment to the City with an analysis of the proposed changes and how it will affect the area and if changes could be made to the plan that would not significantly change the area. The Environmental Impact Assessment shall be provided prior to the City Council approving a preliminary plat. 3.10 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum twelve foot(12')wide asphalt public pathway along the portion of the Property adjacent to the Ballantyne Irrigation Canal. The specific location and design of the pathway shall be approved by the City of Eagle Park and Pathway Development Committee prior to submittal of a design review application. The asphalt pathway shall be Page 19 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of a Design review application. The plans shall show how the lights will facilitate the"Dark Sky"concept of lighting. 3.12 The owner shall provide documentation of an approved 404-Permit for work within any wetlands on site prior to the City issuing a zoning certificate for the property. 3.13 The Owner shall provide an access easement as required by the Ballantyne Irrigation Ditch Company prior to issuance of a zoning certificate. 3.14 Provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submitting a final plat application. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-03-14 for a preliminary plat for Eagle Lofts Subdivision for BHH Investments II, LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-14-06 MOD2. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. Provide a revised preliminary plat which includes a new plat note stating, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-14-06 MOD2 and subsequent modifications. The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. Provide a revised preliminary plat with the easement language contained in plat note #1 revised to include the separated sidewalks allowing for pedestrian accessibility prior to submittal of a final plat application. 6. The applicant shall provide a revised preliminary plat showing public streets., or Iif the City • • .. . •- ... . ' . - • -- Tthe applicant shall provide a revised preliminary plat which contains a plat note that a) conveys to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private street, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of a final plat application. 7. Provide a revised preliminary engineering plan containing a typical street section showing the private streets to be bordered by vertical curbing prior to submittal of a final plat application. Page 20 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc 9. The final plat shall identify the cross access easements (driveways) providing access to the residential lots that do not have frontage to a private street. The final plat should also contain a plat note that: 1) conveys to the lot owners served by the cross access easement a perpetual ingress and egress over the cross access easement and 2) provide that such perpetual cross access easement shall run with the land. 10. Provide a revised preliminary plat with plat note #7 revised to read, "Lot 11 is designated as a private street and Lots 38, 57, 66, and 75 are designated as common lots which shall be owned and maintained by the Eagle Lofts Homeowner's Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. The applicant shall submit a Design Review application with a landscape plan showing the required improvements (berming, landscaping, and sidewalk) within the common lots for review and approval by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-7) 12. 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 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. 13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 14. The Eagle Lofts Subdivision shall remain under the control of one Homeowners Association. 15. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system (water provided from potable water system) 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 perpetuity. 17. The applicant shall be permitted to submit four (4) building permit applications (within a pod) upon receiving approvals from the Eagle Fire Department, Eagle Water Company, and an Eagle Sewer District sewer permit. 18. The paved greenbelt pathway shall be completed as soon as weather permits and the greenbelt pathway easement shall be dedicated to the city prior to the issuance of a Certificate of Occupancy for a dwelling unit. Page 21 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc 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. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground 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 22 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards.The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. 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 Page 23 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer 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 Page 24 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3)prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held on-site at 6:00 PM, Wednesday, June 25, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on July 17, 2014. A revised preliminary plat was submitted on September 19, 2014. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 30, 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 26, 2014. Requests for agencies' reviews were transmitted on July 22, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 28, 2014. Page 25 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 20, 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 October 16, 2014. The site was posted in accordance with the Eagle City Code on October 31, 2014. 3. The Council reviewed the particular facts and circumstances of this proposed development agreement modification (RZ-14-06 MOD2) 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 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 MU-DA (Mixed Use with a Development Agreement)zone and land use to the north since the subject area is currently buffered from Mixed Use Subdivision No. 4 and East Riverside Drive; and; d. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the R- 2 (Residential) zone and land use to the south since the subject area may be developed with single-family residential uses and will be buffered from Nestle Island Subdivision by the Boise River; and; e. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with MU- DA (Mixed Use with a Development Agreement) zone and land use to the east since this development will be constructed in a similar manner; and; f. The proposed MU-DA (Mixed Use with a Development Agreement) is compatible with the MU-DA (Mixed Use with a Development Agreement) zone and land use to the west since the adjacent property located west to the subject area is being developed with multi-family dwellings; and; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan, however,the floodway area is going to remain in its natural state; and h. No non-conforming uses are expected to be created with this rezone. 4. The Council reviewed the particular facts and circumstances of this proposed development agreement modification and 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 Eagle Lofts Subdivision is to provide a residential project with a unique product, which is a goal of the City of Eagle PUD ordinance. Page 26 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf.doc 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 located on the adjacent parcel to the east and west of the proposed development and the multi-family residential project currently being developed on the adjacent parcel to the west of the proposed development. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Eagle Lofts Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity (Lonesome Dove Subdivision and Eagle River Apartments); 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. Eagle Lofts Subdivision will be served by East Riverside Drive; 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 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 the greenbelt, and improvements to open space located adjacent to the Boise River; 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 East Riverside Drive (urban collector). The development will also include an emergency access to East Lone Creek Drive. The interior streets will be private and will be constructed in conformance with standards pursuant to Eagle City Code; and Page 27 of 29 K\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccfdoc i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The applicant is proposing to maintain the floodway area in its natural state; 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 application 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 I. 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; Residential is the only use approved for this development; and m. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 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. n. 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 from the development at build out is approximately $3,750.00 per dwelling/year or$285,000 year for the entire development. o. 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. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-03- 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 and provides the required improvements for a subdivision or as may be conditioned herein; and Page 28 of 29 K:\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc 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 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 Council'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. DATED this 25th day of November, 2014 CITY COUNCIL OF THE CITY OF EAGLE 0..••.##,.,•• a County, Idaho& ,.�'`'G1� ( Op 4I • pRPO C '- 'James D. Reynold:, Ma or * ��`R � • S ATTEST: ,i� A L *� • Sharon K. Bergmann, Eagle Ci Clerk ••••O##### ###• Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis. Page 29 of 29 K.\Planning Dept\Eagle Applications\SUBS\2014\Eagle Lofts Sub ccf doc