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Findings - PZ - 2015 - A-05-14/RZ-05-14/CU-05-14/PPUD-02-14/PP-07-14 - Rz From Rut To R-3-Da-P/Lilac Springs Subd/132-Lot/64 Acre/Nwc Floating Feather Road BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) FOR AN ANNEXATION,REZONE WITH ) DEVELOPMENT AGREEMENT, CONDITIONAL ) USE PERMIT,PRELIMINARY DEVELOPMENT ) PLAN,AND PRELIMINARY PLAT FOR ) LILAC SPRINGS PLANNED UNIT DEVELOPMENT ) FOR COLEMAN HOMES,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-05-14/RZ-05-14/CU-05-14/PPUD-02-14/PP-07-14 The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on December 1, 2014. The application was continued to January 5, 2015, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission made their recommendation at that time. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA-P (Residential with a development agreement and PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Lilac Springs Subdivision, a 132-lot (120-buildable and 12-common) residential planned unit development. The 64-acre site is generally located at the northwest corner of W. Floating Feather Road and N. Lanewood Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle City Hall at 6:00 PM, Monday, September 22, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on October 6, 2014. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 10, 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 November 5, 2014. Requests for agencies' reviews were transmitted on October 10, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on November 21, 2014. D. HISTORY OF PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Page 1 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two RUT (Rural Urban Transition— Agricultural Ada County Designation) Proposed Residential Two R-3-DA-P(Residential with a Single-Family, Residential development agreement and PUD) Planned Unit Development North of Residential Two RUT (Residential Urban Single-Family Residence and site Transition—Ada County Agricultural Designation) South of Residential Two R-2-DA-P(Residential with a Legacy Development(Mosca site development agreement and PUD) Seca&Snoqualmie Falls Subdivisions) East of site Residential Two R2 (Ada County Designations) Agricultural &Lanewood Subdivision West of site Residential Two R-3-DA-P(Residential with a Proposed SCS Syringa development agreement and PUD) Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA,CEDA or DSDA. H. SITE DATA: Total Acreage of Site—64-acres Total Number of Lots— 132 Residential— 120 Commercial—0 Industrial—0 Common— 12 Total Number of Units - Single-family— 120 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross 1.88-dwelling Up to two(2)units per acre maximum Acre units per acre Minimum Lot Size 10,660-square 10,000-square feet feet (Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved-per ECC Section 8-6-5-5[A]). Minimum Lot Width 80-feet 75-feet Minimum Street Frontage 35-feet 35-feet Total Acreage of Common 13-acres 12.80-acres (minimum) Area Open Space Percent of Site as 22.9% 20% Common Area Open Except that,according to ECC Section 9-3-8(C)the City may Space require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Page 2 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf.doc GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat date stamped by the City on October 6, 2014, shows a 50-foot wide landscape buffer located adjacent to W. Floating Feather Road. Floating Feather Road is designated as a minor arterial roadway. The preliminary plat shows a 35-foot wide landscape buffer located adjacent to N. Lanewood Road. Lanewood Road is designated as a collector roadway. Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b) a 50-foot wide landscape strip is required adjacent to minor arterials and a 35-foot wide landscape strip is required adjacent to collectors to screen adjacent incompatible features such as highways, railroads,commercial or industrial uses from proposed residential properties. Open Space: A total of 13-acres (22.9%) of common area is proposed within the planned unit development. The common area is a combination of pathways, road buffer areas, ponds, community pool and street landscape islands. A minimum of 20% open space is required within a planned unit development. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than 12 feet in width. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no)—Yes. There is an onsite septic with the original homestead that will be removed during construction. Additionally, there is a well and septic located on the out parcel at 2225 N. Lanewood Road Preservation of Existing Natural Features: 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. 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: Public The preliminary plat, date stamped by the City on October 6, 2014, contains two (2) typical street sections within the development showing: • The typical street section for the internal streets show 50-feet right-of-way with a 36-foot wide roadway section(as measured from back-of-curb to back-of curb), an Page 3 of 33 K:\Plannmg Dept\Hagle Applications\Prelimmary Development Plans\2014\Lilac Springs Sub pzfdoc eight foot (8') wide landscape planter strip and five foot (5') wide sidewalk located on each side of the roadway located within the right-of-way. • West Grassy Pond Drive shows a typical street section with 60-feet of right-of- way with an 18-foot wide roadway section (measured from back-of-curb to back- of-curb), a 10-foot wide center landscape median, eight-foot (8') wide landscape planter strip and five foot (5') wide sidewalk located on each side of the roadway within the right-of-way. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: Three(3)cul-de-sacs are proposed for this site: • North Blue Ledge Place: 400-feet in length, 52.5-foot radius from center of the landscape island to back-of-curb. Travel lane is 40.5-feet in width from back-of- curb to back-of-curb. • West Westford Pond Court: 520-feet in length, 52.5-foot radius inclusive of planter strip. Travel lane is 40.5-feet in width from back-of-curb to back-of-curb. • North Blue Ledge Place: 400-feet in length, 52.5-foot radius inclusive of planter strip. Travel lane is 40.5-feet in width from back-of-curb to back-of-curb. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior roadways. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Names Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Pedestrian walkways are provided throughout the development through a detached sidewalk system located adjacent to the interior streets and through a multi-purpose pathway system located within the open space design. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 4 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzLdoc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—None Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees — Yes — adjacent to the existing home that will be removed. They are located near the southwest corner of the development. Riparian Vegetation—No Steep Slopes—No Stream/Creek—no Unique Animal Life—Unknown Unique Plant Life—Unknown Unstable Soils—Unknown Wildlife Habitat—Unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: 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 November 10, 2014, are of special concern (attached to the staff report). Ada County Highway District Central District Health Department Eagle Fire Department Idaho Transportation Department Republic Services Tesoro Logistics Q. LETTERS FROM THE PUBLIC: Hollis and Barbara Putnam stated in correspondence dated November 24, 2014, that they are concerned about the illegal creation of their parcel (from the subject parcel) and how to rectify the issue. They are concerned about the process and cost involved to fix it. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant has not provided a proposed time schedule for the completion of the development. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities,processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke,fumes, glare or odors. Page 5 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzt.doc 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large -scale PUDs(incorporating fifty(50)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 6.4 Land Use Goals A. Preserve the rural transitional identity of the City of Eagle. Page 6 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Ltlac Springs Sub pzLdoc 6.5 Land Use Objectives A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle E. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle 6.6 Land Use Implementation Strategies S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. W. Use smaller planning areas to help guide development in the western planning area. 6.8.2 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as an anchor of the area and is not taken over by residential uses. A. Uses/Design The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality and office uses. Non-residential uses will be focused in the Village Center. 2. Residential Areas: b. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), substantially open to the sky, exclusive of streets,commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. OPEN SPACE, ACTIVE: Common area which includes,but is not limited to, athletic fields,buildings or structures for recreational activities including picnic areas, community garden, courses or courts, children's play area, dog play area, and pathways, excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a development may be considered active open space provided there is a finding that the ponds employ active recreation capabilities such as fishing, rafting,canoeing, and the like. OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies, Page 7 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzt.doc excluding active open space areas. • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements: Minimum Lot Area [Minimum Zoning IMaximum IInterior Street j Maximum Lot (Acres Or Square j Lot District �ct Height iFront Rear' Side Side ;Covered F And J* Feet)H* Width I* 30 30 r 10' 40% 17,000 75 R-3 35' 30' 125' I 7.5' 20' 40% 10,000 75' • Eagle City Code Section 8-2A-7 (C): Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way)replacement with an acceptable species is required as follows: Existing Tree g Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches l 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. In all cases, planting within public rights of way shall be with approval from the public and/or private entities owning the property. Example: An eight inch (8")caliper tree is removed, an acceptable replacement would be three (3)4-inch caliper trees or four(4) 3-inch caliper trees. 2. Damage During Construction: Existing trees or shrubs that are retained shall be protected from damage to bark, branches, or roots during construction. Construction or excavation occurring within the drip line of any public or private retained tree or shrub may severely damage the tree or shrub. Any severely damaged tree or shrub shall be replaced in accordance with subsection C 1 of this section. 3. Grade Changes And Impervious Surfaces: Grade changes and impervious surfaces shall be allowed at a distance from the trunk of a retained tree equal to the diameter of the tree trunk plus six feet(6'), or to the drip line, whichever is furthest from the trunk. 4. Minimum Landscaping: Existing vegetation which is to be retained may be used to satisfy the minimum required landscaping. (Ord. 699, 5-28-2013) • Eagle City Code Section 8-2A-7 (J)(4)(b): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent Page 8 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width,plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle Comprehensive Plan: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-6-2: Effects of Other Zoning: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. B. In addition to the requirements of this chapter, planned unit developments shall also be subject to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land Subdivisions", of this code. Page 9 of 33 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\20l4Ttlac Springs Sub pzf doe • Eagle City Code Section 8-6-5-2: Common Area Open Space: A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents or users of the area being developed. B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in title 9 of this code. C. Compliance: All common area open space shall be evaluated for its compliance with the following: 1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; 2. Siting: Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern,physical environment. D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent to, or at a minimum, have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement. E. Dedication Of Land For Public Use: A required amount of common open space land reserved under a PUD shall either be held in corporate ownership by owners of the project area for the use of each owner who buys property within the development or be dedicated to the public and retained as common open space for parks, recreation and related uses. Public utility and similar easements and right of way for watercourses and other similar channels are not acceptable for common open space dedication unless such land or right of way is usable as a trail or other similar purpose and approved by the council. F. Maintenance: The responsibility for the maintenance of all open spaces shall be specified by the developer before approval of the final development plan. (Ord. 566, 5-15-2007. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent(20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: Page 10 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzf.doe a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. • Eagle City Code Section 8-6-6-2: Preliminary Development Plan: C. Approval In Principle Of Preliminary Development Plan: 1. The Commission shall review the preliminary development plan to determine if it is consistent with the intent and purpose of this title; whether the proposed development advances the general welfare of the community and neighborhood and whether the benefits, combination of various land uses and the interrelationship with the land uses in the surrounding area justify the deviation from standard district regulations and its recommendation to the council. The Commission's recommendation in principle of the preliminary development plan shall be necessary before an applicant may submit a final development plan. Approval in principle shall not be construed to endorse a precise location of uses, configuration of parcels or engineering feasibility. 2. The Council shall consider all provisions of this chapter including the general standards applicable to conditional use permits and criteria for conditional uses before approving in principle a preliminary development plan. The Council may, upon the finding that unique or special circumstances exist with regard to the preliminary development plan, consider specific deviations from the requirements of this chapter provided conditions are placed on the PUD to assure that it will be designed and operated in accordance with goals and objectives of this chapter. • Eagle City Code Section 8-7-3-2: General Standards for Conditional Uses: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Page 11 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doe G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. • Eagle City Code Section 8-10-1: Requirements and Restrictions: A. Purpose: Development agreements are a discretionary tool to be used by the council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. B. Initiation of Development Agreement: 1. A development agreement may be initiated for the rezoning of a particular parcel of land or collection of parcels of land through the following methods: a. On application by the property owner. b. On recommendation of the zoning administrator. c. On recommendation of the commission d. Required by the council. 2. In the event of a determination by the commission that a development agreement should be entered into, the commission shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of the development agreement. The commission shall then proceed as specified in this section. 3. In the event of a determination by the council that a development agreement should be entered into, the council shall remand the matter back to the commission for submittal of the development agreement. The council may direct the commission on remand of the matter to the commission. The commission shall then proceed as specified in this section. 4. In the event of either of the above, all time limits required by this code may be stayed upon affirmative vote of the commission or council. C. Form of Development Agreement: A development agreement shall be in the form required by the zoning administrator. No agreement shall be accepted by the zoning administrator which does not include the following: 1. An affidavit by the owner of the parcel agreeing to submit the parcel to a development agreement. 2. The specific use or uses of the parcel for which the development agreement is sought. 3. The allowed or conditional use in the conditional zone for which application has been made. 4. A concept plan of the project to be developed on the parcel. The concept plan shall include: a. A description of the density allowed or sought; and b. Maximum height, size, and location of any structures on the property. 5. The time required to begin the use on the property. Page 12 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pztldoc 6. A statement by the owner of the parcel that failure to comply with the commitments in the development agreement shall be deemed consent to rezone the use to the preexisting zone or, in the case of an initial zone at annexation, a zone deemed appropriate by the council. 7. Any other matter mutually agreeable to the parties. (Ord. 194, 12-10-1991) D. Approval Of The Development Agreement: 1. The council may require a development agreement be executed to allow a rezone if, in the opinion of the council, approval of the requested rezone does not satisfy the requirements set forth in the zoning ordinance for rezone approval, but the particular project or use contemplated has a value to the community that would justify the use of a development agreement. A development agreement may not allow a use on the parcel that is not an allowed or conditional use in the requested rezone. 2. Development agreements may be recommended by the commission and approved by the council only after public hearings. Each public hearing shall follow the notice provisions of section 8-7-8 of this title. 3. The council may add conditions, terms, duties or obligations to the development agreement. (Ord. 270, 5-29-1996) E. Recordation Of Development Agreement: Following approval of a development agreement by the city council, the development agreement shall be recorded in the office of the county recorder at the expense of the property owner. The development agreement, and all conditions, terms, duties or obligations included therein, shall run with the land and shall be considered continuing obligations of the owner or subsequent owner and each other person acquiring an interest in the property. F. Duty To Comply With Development Agreement: An owner, subsequent owner, and each other person acquiring an interest in property that is restricted by a development agreement adopted pursuant to this section, shall comply with the terms, conditions, obligations and duties contained in the development agreement. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50) or more lots or dwelling units. RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. • Eagle City Code Section 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de- sac or temporary cul-de-sac. A reserve street may be required and held in public ownership. G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet(750')in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the Page 13 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • Eagle City Code Section 9-3-5: Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along-side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-8: Public and Open Spaces: C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. D. Common Area Open Space: 4. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners'association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan)that: (1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; (2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; (3) Provides that any changes to the plan be approved by the city council; and (4) Provides for enforcement of the plan. • Eagle City Code Section 9-3-9: Water System: Page 14 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pztldoc The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of this code. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. B. Location: 2. In addition,pathways may be required to connect sites other than those noted above: a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated arterial roadway, or other roadway that may be hazardous for nonmotorized forms of travel,in order to reach the desired destination D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot(16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot(20') wide pedestrian access easement. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet(2') wide(as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3')in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from damaging the pathway surface. The root barrier shall consist of black injection molded panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty Page 15 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014U.ilac Springs Sub pztldoc four inches (24") long by twenty four inches (24") deep. Each panel shall have no less than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one- half inch ('/2") at ninety degrees (90°) from the interior of the panel, spaced six inches (6") apart. A minimum of nine(9) antilift tabs, three(3)each between the vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated joining system shall be employed for instant assembly by sliding one panel into the other. An alternative type barrier system of equal root penetrative resistance may be considered on a case by case basis, subject to the approval of the zoning administrator. 6. In order to design for crime prevention,the following design standards will be followed: a. The use of"see through", open fencing, such as wrought iron, is preferred, as it provides better visibility from adjacent homes or buildings. Solid fencing is prohibited. E. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance and/or liability for a pathway. Installation costs, which may include construction of the paved path, are the responsibility of the developer. 1. Homeowners'Association: a. Pathway systems within a proposed subdivision providing access to private common space and/or other amenities that are used solely by the residents of a subdivision shall be the responsibility of the homeowners'association. b. Where the residents of a subdivision will be the primary beneficiaries of a pathway, and travel from adjoining neighborhoods will be minimal, a homeowners'association may be required to take responsibility for that path. • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. • Eagle City Code Section 9-5-4: Planned Unit Development: A planned unit development is a mechanism by which the city may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A planned unit development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy and efficient utilization of open space. Large scale developments as defined herein shall be submitted as planned unit developments. • Eagle City Code Section 9-5-4-2: Site Development Plan: The developer shall provide a colored rendering to adequate scale to show the completed development that will include at least the following: C. Landscaping, including existing trees; G. Open space; and H. Open fencing. • Eagle City Code Section 9-5-5: Large Scale Development Subdivision; Required Information Page 16 of 33 K:\Planning Dept\8agle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc 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. D. DISCUSSION: • The Eagle Comprehensive Plan designates the property as Residential Two with a density not to exceed two (2) units per acres. As described in the Comprehensive Plan, the Residential Two areas are suitable primarily for single family residential development within areas that are rural in character. The applicant has submitted an annexation, rezone, conditional use permit, planned unit development and preliminary plat applications for Lilac Springs Subdivision which consists of 64- acres located on the northwest corner of N. Lanewood Road and W. Floating Feather Road. The applicant is requesting an R-3-DA-P (Residential — 1.88 units per acre with a development agreement and PUD) zoning designation which has a 10,000-square foot minimum lot size. As described in the applicant's narrative, date stamped by the City on October 6, 2014, the applicant is requesting a development agreement to allow for a range of lot sizes and building opportunities that cannot be obtained under an R-2 (Residential) zoning designation to allow for flexibility in design while still maintaining the density of the proposed development at 1.88 units per acre. • The original parcel was 65-acres in size. In 1994, a one acre out parcel was illegally split from the westerly parcel included in this application without any approvals from either Ada County or the City of Eagle (ROS #2822). The out parcel is located at the northeast corner of the site (2225 N. Lanewood Road). This illegal division should be resolved prior to any development of the subject property. It is staff's recommendation that the applicant be required to include the one acre out parcel along with the subject property, in the annexation, rezone, conditional use permit, planned unit development, and preliminary plat applications to rectify the illegal split. The applicant should be required to provide a revised preliminary plat including the parcel prior to the submittal of a final plat application. • Although the applicant meets the minimum 20% open space (inclusive of the planter strips) requirement for a planned unit development, it should be noted that 89% of the lots in this development do not meet the 17,000 square foot minimum lot size identified for an R-2 zone. As part of the approval process for a planned unit development, preliminary development plan, and conditional use permit, the Commission and the Council have to make findings that the development is designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. • The preliminary plat date stamped by the City on October 6, 2014, does not show a street light located within the cul-de-sac at the terminus of the "northernmost" N. Blue Ledge Place. The applicant should be required to provide a revised preliminary plat showing a street light in the cul- de-sac of the"northernmost"N. Blue Ledge Place prior to the submittal of a final plat application. • Pursuant to the ACHD letter dated November 12, 2014, the applicant is required to shift the alignment of N. Lanewood Road to the west for the first 810-feet in (where N. Lanewood Road Page 17 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzt doc intersects W. Floating Feather Road) order to accommodate the full street section due to a large ditch located on the east side of the roadway. The applicant should be required to provide a revised preliminary plat showing the realignment of N. Lanewood Road for the first 810-feet, as well as provide revised open space calculations in order to verify that adequate open space will be provided(minimum 20%). • The existing residence has the following trees that the applicant is proposing to remove: o (2)Silver Maple-30" caliper& 16 " caliper o (1)Spruce 18" caliper o (1)Juniper Tree 14" caliper o (2)Locust(poor condition -dead or dying) Pursuant to Eagle City Code, the applicant will not be required to replace the silver maple or locust trees. However, the applicant should be required to replace the 18" caliper spruce and 14"caliper juniper trees with a caliper equal to what is being removed (a total of 32" in addition to those required as part of 8-2A-7). A revised landscape plan should be provided with the submittal of a design review application identifying this change. [ECC 8-2A-7(C)] • The applicant should be required to provide a revised preliminary plat with plat note#2 revised to read"Domestic Water to be provided by extension of City of Eagle Water System." • The applicant should be required to provide a revised preliminary plat with plat note#5 revised to read "All lots are hereby designated as having a permanent easement for public utilities and lot drainage of the six (6) feet adjacent to any interior side lot line, and over the twelve (12) feet adjacent to any rear lot line." The revised preliminary plat should be provided prior the submittal of a final plat application. • The preliminary plat, date stamped by the City on October 6, 2014, does not provide a plat note identifying the common lots. Additionally, three (3) of the common lots do not provide a lot number. o A 1,728 square foot common lot adjacent to Lot 6,Block 9 o A 1,916 square foot common lot adjacent to Lot 9, Block 6 (corner of W. Pine Mountain Drive and N. Haymeadow Way) o A 1,323 square foot common lot adjacent to Lot 35, Block 1 (W. Walton Pond Dr.) The applicant should be required to provide a revised preliminary plat note that adds a plat that identifies all common lots and specifies that the common/open space lots are to be owned and maintained by the Lilac Springs Homeowners Association, or its assigns. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on October 6, 2014, does not contain an ACHD storm drain note. The applicant should be required to provide a revised preliminary plat with a plat note that identifies all ACHD storm drainage easements prior to the submittal of a final plat application. • The preliminary plat, date stamped by the City on October 6, 2014, does not contain a plat note that addresses access restrictions to W. Floating Feather Road (a minor arterial roadway) and N. Lanewood Road (a collector roadway. The applicant should be required to provide a revised preliminary plat with a plat note that reads, "Vehicular access to lots along W. Floating Feather Road and N. Lanewood Road are prohibited unless specifically allowed by the Ada County Highway District and the City of Eagle." • The preliminary plat, date stamped by the City on October 6, 2014, does not contain a plat note with regard to the development agreement associated with the requested rezone. The applicant should provide a revised preliminary plat indicating that, "This development is subject to the development agreement associated with RZ-05-14 and any subsequent modifications". The revised Page 18 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doe preliminary plat should be provided prior to submittal of a final plat application. • The landscape plan, date stamped by the City on October 6, 2014, shows two (2) styles of fencing throughout the development (sheet L.3). The applicant is proposing both vinyl privacy fencing (4 to 6-foot high) and wrought iron open style fencing (4 to 6-foot high). The landscape plan shows the vinyl fencing located adjacent to portions of the common areas located throughout the development. Pursuant to Eagle City Code, any fence located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. The applicant should provide a revised landscape plan showing all fencing located adjacent to common areas and on the street side of all corner lots to be open style fencing such as wrought iron or other similar decorative style, prior to the submittal of a design review application. (ECC 9-3-10) • The preliminary plat, date stamped by the City on October 6, 2014, shows all pathways both internal to the site and along Floating Feather Road (minor arterial roadway) and Lanewood Road (collector roadway) as 6-feet in width. Pursuant to Eagle City Code, micropathways within subdivisions which are designed for primary use by the residences of the subdivision are to be a minimum of eight-feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement and pathways adjacent to major roadways shall be a minimum of ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. Additionally, Eagle City Code requires that root barriers be placed on both sides of the pathways. The applicant should be required to provide a revised preliminary plat showing the pedestrian pathways located on the common lots internal to the site to be a minimum of eight-feet (8') in width located within a sixteen foot (16') wide pedestrian access easement and the pathways adjacent to W. Floating Feather Road and N. Lanewood Road to be a minimum of ten-feet(10')in width located within a twenty foot (20') wide pedestrian access easement. Root barriers should be placed on both sides of the pathways. A revised preliminary plat should be provided prior to the submittal of a design review application. [ECC 9-4-1-6(D)] • Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all respects with the "Official Height and Area Regulations" as set forth in Section 8-2-4. The applicant is requesting approval of the following setbacks: 82-foot Product Setbacks: Front 25-feet Rear 20-feet Interior Side 5-feet (first story)/ (additional 2.5-feet per story, measured to the second story) Street Side 20' 95-foot Product Setbacks: Front 30-feet Rear 20-feet Interior Side 5-feet (first story)/ (additional 5-feet per story, measured to the second story) Street Side 20' Page 19 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pztidoc D7 v , C �uiCTI21®®Ifly 1 jlik III 1 ri ■ xi air MI 4111,Allbr E irtidk .,,,, Itiiir 1 • *.,-.74 . � © a�© \ ' ? ji ,ter Y iiiiiicrAki �?. 111 NW _All 111111m all -.I iiiiilipm, ininammo SETBACK KEY PLAN Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3 (Residential) zone: Front 30-feet* Rear 25-feet Interior Side 7.5-feet,two-story 12.5-feet Street Side 20-feet Minimum Roadway Frontage 35-feet Maximum Lot Coverage 40% *A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20- feet. Eagle City Code requires side lot lines have a 6-foot wide PUDI easement. The proposed setbacks for the 82-foot product proposes a side setback of 5-feet, which would encroach within the PUDI easement. Staff recommends the following setbacks: 82-foot Product Setbacks: Front 25-feet Rear 20-feet Interior Side 6-feet (first story)/ (additional 2.5-feet per story, measured to the second story) Street Side 20' 95-foot Product Setbacks: Front 30-feet Rear 20-feet Interior Side 6-feet (first story)/ (additional 5-feet per story, measured to the second story) Street Side 20' • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fees is to be provided at the time of preliminary and final plat. The amount for STL fees is $2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to a residential buildable lot. Based on 120- lots, the total STL fees required for the subdivision is $252,000.00. The STL fees are to be paid on Page 20 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc a sliding scale, the first installment to be paid at the time of submittal of the preliminary plat application and the remaining amount be paid at the time of final plat application. The STL fees to be paid at the time of preliminary plat for the subject subdivision is based on $1,135.47 + (-1.221 x Total Lots). Based on 120-buildable lots the STL fees to be paid at the time of preliminary plat application should be$118,674.00 with the remaining portion of the $252,000.00 to be paid at the rate of($2,100.00 minus Preliminary Plat Fee per lot) x Lots in Final Plat or$1,111.05 x Lots in Final Plat. To date, the applicant has not paid the required STL fees and is requesting Council approval of a fee deferral until submittal of the final plat application. If the deferral is approved by the City Council, the applicant should be required to pay the required $118,674.00 preliminary plat Storage Trunk Line fees along with the associated final plat Storage Trunk Line fees at the time of submittal of the first final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Lilac Springs Planned Unit Development with conditions to be placed within a development agreement and with subdivision site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications were held before the Planning and Zoning Commission on December 1, 2014. The items were continued to January 5, 2015, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in favor of nor opposed to this proposal was presented by one (1) individual to the Planning and Zoning Commission who voiced their opposition to the city requirement that the one- acre parcel located at 2225 N. Lanewood Road be included with the application. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The applicant should not be required to include the one acre out parcel (2225 N. Lanewood Road) with the application since the property owner of the one acre lot does not wish to be included in the application. • The sidewalk to be located adjacent to Floating Feather Road and Lanewood Road should be required to be 10-feet in width. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to approve A-05-14 and RZ-05-14 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA-P (Residential with a development agreement — PUD) for Coleman Homes, LLC, with the following conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 1.88 dwelling units per acre(120 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other Page 21 of 33 K.\Plamning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pztldoc applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit `B") represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit`B".If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8- 7-4-1. 3.5 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 submittal of the final plat application. COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of the Lilac Springs Planned Unit Development for Coleman Homes, LLC, with the following staff recommended site specific condition of approval and standard conditions of approval with text shown with strike through to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-05-14. 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. 4. Provide a revised preliminary plat with a plat note indicating that, "This development is subject to the development agreement associated with RZ-05-14 and any subsequent modifications". The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. The applicant shall be required to pay the $118,674.00 preliminary plat Storage Trunk Line fees along with the associated final plat Storage Trunk Line fees at the time of submittal of the first final plat application. (Resolution No. 08-09) 6. The applicant shall include the one acre out parcel (2225 N. Lanewood Road, Parcel .. . 4 •a . -- - -- - Page 22 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc 7. Provide a revised preliminary plat showing the pedestrian pathways located on the common lots internal to the site to be a minimum of eight-feet (8') in width located within a sixteen foot (16') wide pedestrian access easement and the pathways adjacent to W. Floating Feather Road and N. Lanewood Road to be a minimum of ten-feet (10') in width located within a twenty foot (20') wide pedestrian access easement. Root barrier shall be placed on both sides of the pathways. A revised preliminary plat shall be provided prior to the submittal of a design review application. [ECC 9-4-1-6(D)]. 8. Provide a revised preliminary plat showing a street light in the cul-de-sac of the"northernmost"N. Blue Ledge Place prior to the submittal of a final plat application. 9. Provide a revised preliminary plat showing the realignment of N. Lanewood Road for the first 810- feet (at the intersection of N. Lanewood Road and W. Floating Feather Road) with revised open space calculations verifying a minimum of 20% open space will be provided after the realignment. The revised preliminary plat and open space calculations shall be provided prior to the submittal of a final plat application. 10. Provide a revised preliminary plat with plat note #2 revised to read "Domestic Water to be provided by extension of City of Eagle Water System." Prior to the submittal of a final plat application. 11. Provide a revised preliminary plat adding a plat note that identifies all common lots and specifies that the common/open space lots are to be owned and maintained by the Lilac Springs Homeowners Association, or its assigns. The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat adding a plat note that identifies all lots that are encumbered with ACHD storm drainage easements prior to the submittal of a final plat application. 13. Provide a revised preliminary plat with a new plat note to read, "Vehicular access to lots along W. Floating Feather Road and N. Lanewood Road are prohibited unless specifically allowed by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 9-4-1-2) 14. Provide a revised landscape plan showing all fencing located adjacent to common areas and on the street side of all corner lots to be open style fencing such as wrought iron or other similar decorative style, prior to the submittal of a design review application. (ECC 9-3-10) 15. Provide a revised preliminary plat with plat note#12, revised to read, "Any re-subdivision of this plat shall be in compliance with the applicable subdivision regulations in effect at the time of re- subdivision. The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 9-1-3) 16. The applicant shall provide a revised preliminary plat with plat note#5, revised to read, "All lots are hereby designated as having a permanent easement for public utilities and lot drainage of the six (6) feet adjacent to any interior side lot line, and over the twelve (12) feet adjacent to any rear lot line." The revised preliminary plat shall be provided prior the submittal of a final plat application. (ECC 9-3-6) 17. A note shall be placed on the final plat indicating that the side setback(that side adjacent to a pathway)for lots adjacent to interior pathways shall be 15-feet minimum from the paved edge of the adjacent pathway. (ECC 9-4-1-6[D][3]) 18. The required setbacks shall be as follows: 82-foot Product Setbacks: Front 25-feet Rear 20-feet Page 23 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pztidoe Interior Side 6-feet (first story)/(additional 2.5-feet er sto story) P ry, measured to the second Street Side 20-feet 95-foot Product Setbacks: Front 30-feet Rear 20-feet Interior Side 6-feet(first story)/(additional 5-feet per story, measured to the second story) Street Side 20-feet 19. Provide a revised preliminary plat adding a plat note that identifies all ACHD storm drainage easements prior to the submittal of a final plat application. 20. The applicant should be required to provide a revised landscape plan that identifies the replacement of the 18" caliper spruce and 14" caliper juniper trees with a caliper equal to what is being removed, a total of 32". The replacement trees shall be in addition to those required as part of 8-2A-7. A revised landscape plan shall be provided prior to the submittal of a design review application. [ECC 8-2A-7(C)] 21. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) proposed style of fencing. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1) 22. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. (ECC 8-2A-7) 23. 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) 24. The architectural styles provided by the applicant shall be the required architectural styles for the development. Photo examples of the above descriptive language, are attached as Exhibit "D" of the development agreement are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat application for phase one. (ECC 9-5-4-2) 25. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 26. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements and as required in site specific condition of approval#24 above of the PUD. Page 24 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzEdoc 27. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Lilac Springs Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Lilac Springs Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4]) 28. 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. (ECC 9-4-1- 9[C][1][a] and ECC 9-3-8[D][4]) 29. The entire Lilac Springs Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 30. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." (ECC 9-4-1-2) 31. 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. 32. The applicant shall install at the entrances to the Lilac Springs Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any building permits. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. 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 Page 25 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzEdoc transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. Page 26 of 33 K.'Plannmg Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzfdoc 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions,homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable)prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of Page 27 of 33 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pztldoc City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 32. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and Page 28 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pztldoc related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily,no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle City Hall at 6:00 PM, Monday, September 22, 2014, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on October 6, 2014. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on November 10, 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 November 5, 2014. Requests for agencies' reviews were transmitted on October 10, 2014, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on November 21, 2014. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation with a development agreement (A-05-14/RZ-05-14) 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 applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-3-DA-P (Residential up to three units per acre with a development agreement — PUD) complies with the Residential Two designation as shown on the Comprehensive Plan land Use Map since the applicant is not proposing more than two units per acre; and b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are required to be provided, to serve a single-family dwelling residential subdivision on this property under the proposed zone; c. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the RUT (Rural-Urban Transitional—Ada County designation) zone and land use to the north since this area is designated Residential Two in the Comprehensive Plan and could be developed in the same manner as the proposed development; and d. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the R-2-DA-P (Residential up to two units per acre with a development agreement — PUD) zone and land use to the south since this area is designated as Residential Two in the Comprehensive Plan and is developed in the same manner as the proposed development; and e. The proposed R-3-DA-P(Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the R2 (Residential up to two units per acre - Ada County designation) zone and land use to the east since this area has received preliminary plat approval and is proposed to be developed in the same manner as the proposed development; and f. The proposed R-3-DA-P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the R-3-DA-P (Residential up to three units per acre with a development agreement— PUD) zone and land use to the west since this area has received approvals to be developed in the same manner as the proposed development; and Page 29 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. 4. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-05-14/PPUD-02-14/PP-07-14) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. The intent of the Lilac Springs PUD is to provide a development with a transition of lot sizes, and a variety of single housing types; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Lilac Springs PUD is designed to not exceed the total allowed density of Residential Two (up to two (2) units per acre) in the overall development. The proposed development provides a variety of lot sizes and housing types to blend in with the adjacent development and future development; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The development will have access to Lanewood Road. The site will be served by central water and sewer; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development plan was designed with consideration given to usable open space and pedestrian pathways; and Page 30 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzt.doc h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include extend the stub streets provide from the adjacent development to the west, as well as provide stub streets to the adjacent property to the north which will provide intra-neighborhood connectivity upon development of the adjacent properties. Access to the development will be from North Lanewood Road. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on the site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the Comprehensive Plan since the Plan calls for Residential Two (up to two (2) units per acre) and will provide a variety of housing types to accommodate residents with varying lifestyle needs; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development; and In case of large—scale PUDs(incorporating fifty(50)or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District and the District has a fire station located approximately a mile from the development. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within the City of Eagle Municipal Water Service Area. The water infrastructure will be constructed at the developer's expense. Sewer The project is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer the developer will be required to comply with the District requirements. Page 31 of 33 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2014\Li1ac Springs Sub pzf.doc Road Construction The construction of all roads within the development will be completed by the developer. Upon completion, the roads will be dedicated to the Ada County Highway District. Parks and Open Space The development will contain over 20% of passive and active open space providing the residents a variety of recreation options from which to choose. A pathway will provide residents a safe and efficient way to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Lilac Springs Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The Lilac Springs Planned Unit Development is located within the Joint School District No. 2 district boundaries. Elementary age children will be required to attend Star Elementary School. Eagle Middle School and Eagle High School will provide the secondary education needs for the children within the development. Galileo Magnet School and North Star Charter School are located less than a mile from the proposed development. Joint School District No. 2 has also acquired land west of Highway 16. The site west of Highway 16 is sized to accommodate a future elementary, middle, and high school. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval; and o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated from the development at build out is approximately $2,239.12 per dwelling/year or$268,694.17/year for the entire development; and p. 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. Page 32 of 33 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2014\Lilac Springs Sub pzfdoc DATED this 20th day of January, 2015 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho s,iiii 66666 te* Trent Wright, Chairman `0100R1,tt I. ATTEST: q�,si * \itZ:6 .•`�Sharon K. Bergmann,Eagle City •I erk ., OF 1D�`•• -••.......a•••• Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a regulatory taking analysis Page 33 of 33 K:\Planning Dept\Pagle Applications\Preliminary Development Plans\2014\Lilac Springs Sub pzf doc