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Findings - PZ - 2020 - A-06-20/RZ-09-20 & PP-04-20 - Brush Creek Sub - Annexation & Rezone For 20 Lot Residential SubdivisionBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION, REZONE FROM FROM RUT (RURAL -URBAN TRANSITION — ADA COUNTY DESIGNATON) TO R 2-DA (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT) AND PRELIMINARY PLAT FOR BRUSH CREEK SUBDIVISION FOR TYLER FRAZIER FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-20/RZ-09-20 & PP-04-20 The above -entitled annexation, rezone with a development agreement, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 17, 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: PROJECT SUMMARY: A. Tyler Frazier, represented by Lance Daniels with The FCI Group, Inc., is requesting an annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R-2-DA (Residential with a development agreement) and preliminary plat approvals for Brush Creek Subdivision, a 20-lot (16-buildable, 4-common) residential subdivision. The 10-acre site is located on the west side of North Park Lane approximately one-half mile north of West Floating Feather Road at 2055 North Park Lane. B. APPLICATION SUBMITTAL: A neighborhood meeting was held on site between 4:00 PM and 5:00 PM, on Tuesday, May 26, 2020. A second neighborhood meeting was held on site between 10:00 AM and 12:00 PM, on Saturday, May 30, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 11, 2020. Revised preliminary plats was received on July 29, 2020, and on August 11, 2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on July 6, 2020, in accordance with the requirements of the Eagle City Code. 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 July 31, 2020. Notice of this public hearing was mailed to property owners within fifteen -hundred feet (1,500-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 30, 2020. The site was posted in accordance with the Eagle City Code on August 4, 2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 17 K:1Planning Dept\Eagle Applications\SUBS120201Brush Creek Sub pzf.docx F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative, date stamped by the City on June 11, 2020 (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on June 11, 2020 (attached to the staff report). H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN DESIGNATION Existing Neighborhood Residential and Residential Transition Overlay Proposed No Change North of site South of site East of site West of site Neighborhood Residential and Residential Transition Overlay Neighborhood Residential and Residential Transition Overlay Neighborhood Residential and Residential Transition Overlay Neighborhood Residential and Residential Transition Overlay ZONING DESIGNATION RUT (Rural -Urban Transition — Ada County designation) R-2-DA (Residential with a development agreement) RUT (Rural -Urban Transition — Ada County designation) R-2 (Residential) R-2-DA (Residential with a development agreement) RUT (Rural -Urban Transition — Ada County designation) LAND USE Single-family dwelling with pasture Single-family Residential subdivision (Brush Creek) Single-family dwelling with pasture Single-family residential (Obsidian Subdivision) Single-family residential (Henry's Fork Subdivision No. 3) Single-family dwelling with pasture I. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 10-acres Total Number of Lots — 20 Residential — 16 Commercial — 0 Industrial — 0 Common — 4 Page 2 of 17 K:1Planning DeptlEagle Applications\SUBS120201Brush Creek Sub pzf.docx Total Number of Units —16 Single-family — 16 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — none ADDITIONAL SITE DATA PROPOSED Dwelling Units Per Gross Acre 1.6-units per acre Minimum Lot Size 17,198-square feet Minimum Lot Width 95-feet Minimum Street Frontage 95-feet Total Acreage of Common Area 1.95-acres Percent of Site as Common Area 20% K. GENERAL SITE DESIGN FEATURES: REQUIRED 1.6-units per acre maximum (as limited within the development agreement) 17,000-square feet 75-feet 35-feet 1.8-ares (minimum) 18% (minimum) Landscape Screening: The preliminary plat, date stamped by the City on August 7, 2020, shows a 35-foot wide buffer area common lot located along North Park Lane (collector). Open Space: A total of 85,258-square feet of open space is proposed (inclusive of the planter strips). The required buffer areas located adjacent to North Park Lane will be contained within common lots. One of the common lots is proposed to be a park/open space and will contain the community mailbox clusters. An eight foot (8') wide pathway is proposed to be located within common Lot 7 of Block 1, that runs along the north property line of Block 1 and will provide access between North Park Lane and North Bottle Creek Place which is adjacent to the park/open space common lot located west of North Bottle Creek Place. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on August 7, 2020, identifies the easements to be in conformance with Eagle City Code Section 9-3-6. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire Department. Page 3 of 17 K:\Planning Dept\Eaglc Applications\SUBS\2020\Brush Creek Sub pzf.docx On -site Septic System: The existing dwelling is currently served by a septic system. The existing septic system will be abandoned and the new development will be connected to the Eagle Sewer District central sewer system. Pressurized Irrigation: The development will contain a pressurized irrigation system which is supplied from the New Dry Creek Ditch Company. The applicant has provided a "Preliminary Pressure Irrigation Report," date stamped by the City on July 8, 2020 (attached to the staff report), to address the City of Eagle Pressure Irrigation Standards. Preservation of Existing Natural Features: There are approximately five (5) trees located on the northeast comer of the property in proximity to the existing dwelling which will need to be retained or mitigated if removed. The applicant should be required to provide an arborist analysis of the existing trees and provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. The applicant should provide a narrative with the Existing Tree Inventory Map indicating which trees will be incorporated into the design of the subdivision and which trees are proposed to be removed prior to removal of the trees. 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. L. STREET DESIGN: Public Streets: P,'L ACHD S/W EASEMENT 35' LANDSCAPE BUFFER //\/\\//\/\ \/\ //\//\/ /\//\/\/\ \ //\�/ /, //\/ice\i/\\/�//�//�//��//i\�/�\// //`Y//� \\�\\\Z.\\\\\\\ice\\ \/, 2.0' GRAVITY IRRIGATION MEANDERING CONC. SIDEWALK (PER AND SUP.DWG. SD-709) W/1' MIN. FLAT LANDING BACK OF WALK BERM - 5 TALL MIN. 8' TALL VAX. DEDICATED R VARIES 10.0' 3:1 MAX. I \/\/\/\//\//\//\ i� } \;,, DRAINAGE SWALE- 1 f EXTEND SUB BASE & RUN 0.5' BEHIND CURB (TYP) 35.0' 12'± 23.0' 1%- 4% EX1EP CA EX R/W 2' MIN. SAWCUT t 20" OF 6" MINUS PIT RUN -4" OF 3/4" MINUS AGGREGATE 3" OF ASPHALT PAVEMENT VERTICAL CJRB & GUTTER (PER ACHD SUP.DWG. SD-101) N. PARK LANE - LOOKING NORTH STREET IMPROVEMENT SECTION Page 4 of 17 K:1Planning Dept\Eagle Applications\SUBS120201Bnesh Crock Sub pzf.docx R/W ' 6' IPCO Eil. E` 6I.1 SIDEWALK -•-I +- 7' —N 5 -�- �- 8. I WALK /S s7RI� 3" ROLLED CURB - (PER ACHD SLP.DWC. SD-702) R/W 3' RO-LE!) CURB (PEP ACM) SUP.0WG. SD-702) R'W { - 6' PCO EASEVENT —.-j t SDEWALK. t' —« EASE�VE%T 16.5' = 16 5' S'�1I F'r— 2 I/SyS7RI, ydAt.; 5" OF 3/4" MINUS / 2 CF PLANT VIx ASPHALT 12" OF 6" UINUS PIT R/ r' 47 RIGHT OF WAY EXTEV1 -t/4 IAIXUs 0 5' (Tyr) - TYPICAI. LOCAL STREET SECTION 16.5' 5" OF 3/4" MINUS 50' Ir 7,I;IF' '4 11'fi54,312 - 16.5' 2 1/2" OF PLANT iIIX ASPHALT 12" OF 6" VINUS PIT RU 50' RIGHT OF WAY EXTEND 3/4" MINUS N. SADDLE MOUNTAIN WAY SECTION R/W —17 'GONCRETE SIDEWALK VAX. ABOVE C/L (KER *CND SUP.O'M S5-1CT3) '6' IPCO CASEMENTS WALK .5' �- EASEMENT - I - F r.— L/S STRIP WALK i 2' ( CONCRETE SIDEWALK 5' WAX. ABOVE C/L (PER ACW SUP.DWG. 93-709) Blocks Less Than 500': North Bottle Creek Place is proposed at 230-feet in length. Cul-de-sac Design: None proposed. One (1) temporary turnaround is required per the Eagle Fire Department and the Ada County Highway District: • A temporary turnaround will be constructed as a paved cul-de-sac with a minimum 45-foot turning radius at the northern end of North Bottle Creek Place until the roadway is extended into the adjacent property to the north when/if it is developed. A temporary turnaround easement will be in place for the portions of the temporary turnaround that extends beyond the dedicated street right-of-way of North Bottle Creek Place. Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips located within the proposed right-of-way on both sides of all interior public roadways with the exception of the temporary turn -around. A detached 5-foot wide concrete meandering sidewalk is proposed along North Park Lane. A landscape strip is proposed along the west side North Saddle Mountain Way, which will include a detached sidewalk to the west when/if the adjacent west property develops. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Page 5 of 17 K:1Planning Dept'Eagle Applications\SUBS120201Brush Creek Sub pzf.docx Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the City on August 7, 2020, shows a 6-foot wide meandering concrete pathway located within Lot 7, Block 1, providing connectivity from North Park Lane to North Bottle Creek Place, which is adjacent to the park/open space common lot located west of North Bottle Creek Place. 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. N. PUBLIC USES PROPOSED: None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists P. SPECIAL ON -SITE FEATURES: Q. Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes, located in proximity to the existing house at the northeast comer of the site Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — No SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated July 20, 2020, are of special concern (attached to the staff report). City Trails and Pathways Superintendent Ada County Development Services Department Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department S. LETTERS FROM THE PUBLIC (attached to the staff report): None received to date. Page 6 of 17 K:1Planning Dept\Eagle Applications\SUBS120201Brush Creek Sub pzfdocx 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 following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. B. ZONING ORDINANCE 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 parcel division 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. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 9-4-1-8: Underground Utilities: Underground utilities are required. Page 7 of 17 K:U'lanning Dept\Eagle Applications\SUBS12020\Brush Crock Sub pzf docx D. DISCUSSION (based on the preliminary plat, date stamped by the City on February 5, 2020): • The preliminary plat identifies existing buildings located on the property. The existing buildings are labeled to be removed. The structures should be removed prior to the City Clerk signing the final plat. • The existing buildings located on Lot 2, Block 1, are served by a potable well and septic system. The existing buildings will be removed from the property. The locations of the well and septic system are shown on the preliminary plat, Lot 2, Block 1 and Lot 7, Block 1, respectively. The preliminary plat indicates both the septic system and the potable well will 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 documentation should be provided prior to the City Clerk signing the final plat. • Plat note #6 of the preliminary plat states, "All lots are to be designated single family residential except: Lot 1, Block 1, Lot 7, Block 1, Lot 1, Block 2, and Lot 10, Block 3 which will be common lots owned and maintained by the homeowner's association." The plat note does not mention a reference to public utility, pressure irrigation, or property drainage within the common lots. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "Lot 1, Block 1, Lot 7, Block 1, Lot 1, Block 2, and Lot 10, Block 3, are common lots which shall be owned and maintained by the homeowner's association, and shall be subject to a blanket public utility, pressure irrigation, and property drainage easement." The revised preliminary plat should be provided prior to the submittal of a final plat application. • Plat note #7 of the preliminary plat states, "This development is subject to development agreement, Instrument No. , and any subsequent modifications." The applicant should be required to provide a revised preliminary plat with plat note #7 revised to state, "All development within this subdivision shall be consistent with the conditions of development within the development agreement associated with RZ-01-20 and any subsequent modifications to the development agreement." The revised preliminary plat should be provided prior to submittal a final plat application. • The preliminary plat, date stamped by the City on August 11, 2020, shows North Saddle Mountain Way as a right-of-way 50-feet in width for approximately 220-feet north to the intersection of West Bolek Drive. The typical street section for North Saddle Mountain Way is to be constructed with 33-feet of pavement and curb, gutter, 7-foot wide landscape strip on the west side, and 8-foot wide landscape strip on the east side with a detached 5-foot wide sidewalk. The owner of the parcel located adjacent to the west side of the street will be required to construct the remaining 1-foot of landscape strip and detached 5-foot wide sidewalk upon development. • One (1) temporary turnaround is required per the Eagle Fire Department and the Ada County Highway District to be constructed as a paved cul-de-sac with a minimum 45-foot turning radius at the northern end of North Bottle Creek Place until the roadway is extended into the adjacent property to the north when/if it is developed. A temporary turnaround easement will be in place for the portions of the temporary turnaround that extends beyond the dedicated street right-of-way of North Bottle Creek Place. The applicant should be required to provide a recorded temporary turnaround easement from ACHD for the portions of the turnaround that extend beyond the dedicated street right-of-way of North Bottle Creek Place. The temporary turnaround easement should be provided prior to the submittal of a final plat application. Page 8 of 17 K:1Planning Dept\Eaglc Applications\SUBS120201Btush Creek Sub pzf.docx PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 17, 2020, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the applications was presented before the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: (Granicus time 02:08:52) Upon closing the public hearing, the Commission discussed during deliberation that: • The Commission affirms that the subdivision is an appropriate use of the land within this area. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 5 to 0 to recommend approval of A-06-20 and RZ-09-20 for an annexation and rezone from RUT to R-2-DA with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 1.6 dwelling units per acres (16 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. 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, fencing, 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 Concept Plan Fence Exhibit (Exhibit D). All fencing shall be in conformance with Eagle City Code Section 9-3-10. 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. Page 9 of 17 K:1Planning Dept\E,agle Applications\SUBS120201B[ush Creek Sub pzf.docx 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, garden boxes, 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 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 a building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "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. 3.8 Owner shall provide a detailed wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land Management) report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, sized, and health of the trees. The wildlife biologist (i.e. private contractor, Idaho Fish and Game, U. S. Fish and Wildlife Service, or Bureau of Land Management) 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 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP-04-20 for a preliminary plat for Brush Creek Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval. Page 10 of 17 K:1Planning Dept\Eagle Applications\SUBS\2020\Brush Creek Sub pzf.docx SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-09-20. 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. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall remove the structures labeled as "Existing Buildings to be Demolished" (as shown on the preliminary plat) from the property. The structures shall be removed prior to the City Clerk signing the final plat. 5. Provide documentation from the general contractor constructing the subdivision that the potable well and septic system have been abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 6. Provide a revised preliminary plat with plat note #6 revised to state, "Lot 1, Block 1, Lot 7, Block 1, Lot 1, Block 2, and Lot 10, Block 3, are common lots which shall be owned and maintained by the homeowner's association, and shall be subject to a blanket public utility, pressure irrigation, and property drainage easement." The revised preliminary plat shall be provided prior to the submittal of a final plat application. 7. Provide a revised preliminary plat with plat note #7 revised to state, "All development within this subdivision shall be consistent with the conditions of development within the development agreement associated with RZ-09-20 and any subsequent modifications to the development agreement." The revised preliminary plat shall be provided prior to submittal a final plat application. 8. Provide a recorded temporary turnaround easement from ACHD for the portions of the turnaround that extend beyond the dedicated street right-of-way of North Bottle Creek Place. The temporary turnaround easement shall be provided prior to the submittal of a final plat application. 9. All overhead utilities located within the subdivision shall be located underground. (ECC 9-4-1-8) 10. 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. 11. 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. (ECC 8-2A-7[E] and ECC 8-2A-18) Page 11 of 17 K:1Planning Dept\Eagle Applications\SUBS120201Brush Creek Sub pzf.docx 12. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights -of -way abutting and within this site prior to approval of a final plat. (ECC 9- 4-1-2) 13. 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). 14. The Brush Creek Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 15. The final plat shall contain a plat note(s) which states 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 and all common landscape areas. The CC&Rs shall also require that all common areas are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C] [ 1 ]) NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 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. Page 12 of 17 K:\Planning Dept\Eagle Applications\SUBS120201Brush Creek Sub pzf.docx Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the streetlights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. The applicant shall pay applicable streetlight inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. 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. Page 13 of 17 K:\Planning Dept1Eagle Applications\SUBS120201Brush Creek Sub pzf.docx 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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 Parks, Pathways, and Recreation Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 22. 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". Page 14 of 17 K:lplanning Dept\Eagle Applications\SUBS120201Brush Creek Sub pzf.docu 23. 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. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. 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. 27. Basements in homes in the flood plain are prohibited. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. 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. Page 15 of 17 K:\Plann&ng Dept\Eagle Applications\SUBS\2020\Brush Creek Sub pzf.docx 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. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-20/RZ-09-20) 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-2-DA (Residential with a development agreement) is consistent with the Neighborhood Residential 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 R-2-DA (Residential with a development agreement) zoning district is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the north since that area may be developed with a residential development similar to the subject site; d. The proposed R-2-DA (Residential with a development agreement) zoning district is compatible with the R-2 (Residential) zone and land use to the south since that area is developed with similar density as the subject site; e. The proposed R-2-DA (Residential with a development agreement) zoning district is compatible with the R-2-DA (Residential with a development agreement) zone and land use to the east since that area is developed in a similar manner as the subject site. North Park Lane (collector) separates the subject property from the properties located east of the proposed development; f. The proposed R-2-DA (Residential with a development agreement) zoning district is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the west since that area is designated as Neighborhood Residential in the Comprehensive Plan and may be developed in a similar manner as the subject site. The property to the west is currently being used for agriculture; 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 preliminary plat (PP- 04-20) 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 subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; g• Page 16 of 17 K:\Planning Dcpt\Eaglc Applications'SUBS\2020\Bnuh Creek Sub pedocx b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Ada County Highway District and Eagle Fire Department as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission's and attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 31 s` day of August, 2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman L6-04//Sliar-on-14? Bergmann,'agle City Clerk Page 17 of 17 K.\Planning Dept\Eagle Applications\SUBSLO?0\Brush Creek Sub pzf docx