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Findings - PZ - 2020 - A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20 - Mosscreek Sub - 5806 W State St 64 Lot Residential Planned Unit Development BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM RUT ) (RURAL-URBAN TRANSITION—ADA COUNTY ) DESIGNATION)TO R-5-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR MOSSCREEK SUBDIVISION FOR ) URBAN SOLUTIONS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20 The above-entitled annexation,rezone with a development agreement, conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on October 19, 2020, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Urban Solutions, LLC, represented by Steve Hart, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-5-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Mosscreek Subdivision, a 64-lot (56-buildable, 8-common) residential planned unit development.The 21.6-acre site,consisting of three(3)parcels, is located at the west terminus of West Escalante Drive, south terminus of North Tempsford Way, and 5806 West State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room)at 6:00 PM,on Thursday, October 9, 2019, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 15, 2019. A revised preliminary plat was received by the City of Eagle on August 19, 2020. A second revised preliminary development plan/preliminary plat was received by the City of Eagle on September 17,2020. A revised landscape plan was received by the City of Eagle on October 7,2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on February 1, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 2, 2020. Notice of this public hearing was mailed to property owners within 1,500-feet of the subject property in accordance with the requirements of Title 67,Chapter 65, Idaho Code and Eagle City Code on September 30, 2020. The site was posted in accordance with the Eagle City Code on October 8,2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 25 K:1Planning DeptlEagle Applications\Preliminary Development Plans120201Mosscreelc Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential, RUT(Rural-Urban Vacant parcels Transition Overlay, and Transition—Ada County Scenic Corridor designation) Proposed No Change R-5-DA-P(Residential Single-family residential with a development planned unit development agreement—PUD) North of site Compact Residential R-4-DA-P(Residential Single-family residential with a development subdivisions(Eaglefield agreement—PUD) Estates Subdivision No. 1 and The Preserve Subdivision No. 3) South of site Compact Residential RUT(Rural-Urban Single-family residence and Transition—Ada County agriculture designation) East of site Compact Residential MU-DA(Mixed Use Single-family residential with a development subdivision(Eaglefield agreement[in lieu of a Village Subdivision) PUD]) West of site Neighborhood RUT(Rural-Urban Single-family residence and Residential Transition—Ada County agriculture designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA. H. SITE DATA: Total Acreage of Site—21.6-acres Total Number of Lots—64 Residential—56 Commercial—0 Industrial—0 Common—8 Total Number of Units—56 Single-family—56 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 2 of 25 K:1Planning Dept\Eagle ApplicationsTrehiminary Development Plans120201Mosscreek Sub pzf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.59-dwelling units per acre 2.59-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 6,156-square feet* 7,000-square feet Minimum Lot Width 55-feet 70-feet Minimum Street Frontage 40-feet 35-feet Total Acreage of Common Area 7.26-acres 4.32-acres minimum Open Space Percent of Site as Common Area 33.6% 20% Open Space Except that,according to ECC Section 9-3-8(C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is not proposing a landscape buffer along West Escalante Drive which will function as a residential collector. Open Space: The open space consists of eight(8)common lots. The larger common lots(Lot 1,Block 1,Lot 1, Block 4, and Lot 1, Block 6) contain drainage infrastructure and the Middleton Mill Irrigation Lateral. A portion of Lot 1, Block 4, is proposed with a pathway which will be located on the north side of West Escalante Drive. 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. Page 3 of 25 K:1Planning DeptlEagle Applications\Prcliminary Development Plans120201Mosscreek Sub pzf.doc Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—Yes The home which has been removed was served by a septic system. Preservation of Existing Natural Features: The applicant will be required to retain the existing trees on site or mitigate for removal of the trees. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: The proposed public streets are to be constructed as shown on the street sections contained within the preliminary development plan/preliminary plat, date stamped by the City on September 17, 2020. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None. Cul-de-sac Design: One cul-de-sac is proposed: • North Carpe Diem Place: 155-feet in length, 50-foot radius(measured to back-of-curb). Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both side of the interior public roadways. The detached sidewalks are proposed to be located within the buildable lots outside of the right-of-way area with the exception of the sidewalks located within the common lots. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a"Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Page 4 of 25 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED:None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes — located along the irrigation canal and the residential dwelling which was removed(5806 West State Street) 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 September 15,2020,are of special concern(attached to the staff report). City of Eagle Water Superintendent: All comments within the City Water Department's memo dated January 27,2020,are of special concern(attached to the staff report). City of Eagle Museum of History/Curator City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated June 22,2020,are of special concern(attached to the staff report). Ada County Highway District Ballantyne Ditch Company Central District Health Department Department of Environmental Quality Eagle Fire Department Idaho Fish and Game Department Sawtooth Law Office,PLLC Q. LETTERS FROM THE PUBLIC:None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant provided correspondence, date stamped by the City on October 7, 2020, which indicated the development will be constructed in two (2) phases. Phase #1 is proposed for construction during the fall/winter of 2020 with paving to occur in March. Phase #2 is proposed as sewer service allows. Page 5 of 25 K:1Planning DeptlEagle Applications\Preliminary Development Plans120201Mosscrcek Sub pzf.doc S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood,and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 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 cases of large-scale PUDs(incorporating fifty(54) 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. Page 6 of 25 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc 16. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Compact Suitable for single family residential, row houses, duplex, and four-plexes. Densities range from 4 units per acre to 8 units per acre. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. CHAPTER 6: LAND USE 6.5.1 Park Lane Uses: G. The area located northwest of Linder Road and State Street intersection is designated as compact residential to provide for apartments, town homes and patio homes, and transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal circulation is essential to the development of this area; a frontage road(Escalante Drive) should be extended from Linder Road west to the intersection of Moon Valley Road and State Highway 44. Uses should focus on Escalante Drive(not State Street)with berming and wide setbacks to be used to buffer the residential uses from State Highway 44. Escalante Drive should not be allowed to have front on housing. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section: 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. Page 7 of 25 K:\Planning DeptlEagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc 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. • Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement,are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Note Conditions A To E* Maximum Minimum Lot Zoning Lot Area Minimum District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot Height Side Side And J* Feet)H* Width I* 'r R-5 35' 20' 25' 7.5' 20' 40% 7,000 70' ;. B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7(J)(4)(a): 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 25 K:1Planning DcpAEagle ApplicationsTreliminary Development Plans120201Mosscreek 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 master street map typologies map 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 8-6-5-2: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. Page 9 of 25 K:1Planning Dept\Eagle Applications\Preliminary Development Ptans120201Mosscreek Sub pzf.doc C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: OPEN SPACE: A common area platted as a separate lot(except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street) substantially open to the sky, exclusive of streets,commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields, buildings or structures for recreational activities including picnic areas, community garden, courses or courts,children's play area,dog play area, and pathways,excluding passive open space areas. Landscape buffer areas not required pursuant to subsection 8-2A-7J of this code may be considered, in part, as active open space provided a pathway or other active amenity is located within and incorporated into the buffer area. 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. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-7:Planting Strips and Reserve Strips: B. Reserve Strips: 1. Private Reserve Strips: Privately held reserve strip access to streets shall be prohibited. • Eagle City Code Section 9-3-10:Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. Page 10 of 25 K:1Planning DeptlEagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc D. DISCUSSION (based on the preliminary development plan/preliminary plat, date stamped by the City on September 17, 2020): • 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)fee is to be provided at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency Residential Customer(ERC)an ERC is equivalent to each residential buildable lot. The applicant has submitted an email request for waiver to the City of Eagle Water Department, dated January 9, 2020, to delay paying the required STL fee. The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. Based on 56-lots, the total STL fee required for the subdivision is$117,600.The STL fee required at the time of preliminary plat is$58,800. The applicant received approval from the City of Eagle Water Department(of the waiver request) on January 27, 2020. The applicant should be required to pay the required $58,800 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final development plan and final plat applications. • The aerial photo shows a residential dwelling and five(5)accessory structures located on the site. It has been indicated by the applicant that the structures have been removed. The preliminary development plan/preliminary plat does not identify the location of the structures. The residential dwelling was served by an individual potable well and septic system. The preliminary plat does not identify the location of the individual well or septic system of the residential dwelling. The applicant should be required to provide documentation from the subdivision contractor indicating the potable well and septic system located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. • The applicant is requesting a reduction of the rear and side setbacks and an increase of the maximum lot coverage. The applicant provided correspondence, date stamped by the City on October 7,2020,which denoted the following setback request: Front 20-feet Rear 15-feet Side 5-feet(additional 5-feet/story) Maximum lot coverage 50% The applicant is requesting a R-5-DA-P (Residential with a development agreement — PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-5 (Residential)zoning designations: Front 20-feet Rear 25-feet Interior Side 7.5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R-2 zoning district. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat, date stamped by the City on September 17, 2020, shows a typical street section for the interior streets with 1.5-feet of the 8-foot wide planter strip and the five foot(5') wide detached sidewalk being located within the property. Based upon the required 20-foot front setback for the garage area, a driveway with a minimum 13.5-feet length would be located behind Page 11 of 25 K:\Planning DcptlEaglc Applications\Preliminary Development Plans\2020\Mosscreek Sub pzf.doc the sidewalk and the front of the garage allowing for vehicles to overhang the sidewalk.The front setback for a front-load garage should be a minimum of 31-feet to allow for vehicles to be parked in front of the garage without overhanging the sidewalk. Also,a car parked in front of a side entry garage (located 20-feet from the front property line) may overhang the sidewalk as well. The applicant is proposing a side setback of 5-feet with an additional 5-feet for two-story structures. Based on the minimum width of the lots within the development, there would be a 45-foot wide footprint for construction of a residential home. It is staffs opinion that based on the minimum length and width of the lots, size of the lots, and the location of the detached sidewalk, the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 20-feet(living area) 25-feet(side-entry garage) 31-feet(front-load garage) Rear 15-feet Interior Side 5-feet(first story)5-feet(each additional story) Maximum Lot Coverage 50% • The preliminary development plan/preliminary plat shows common lots located between the right-of-way and the buildable lots at the street intersections. The subdivision is designed in this fashion to eliminate the requirement of street side setbacks. The preliminary development plan/preliminary plat does not contain a plat note prohibiting driveways across the common lots. The applicant should be required to provide a revised preliminary development plan/preliminary plat with a new plat note which states, "Driveways are prohibited across Lots 1 and 8, Block 1, Lot 13, Block 2, Lot 4, Block 4, Lot 1, Block 5, and Lot 1, Block 6." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The Ada County Highway District Master Street Map identifies West Escalante Drive as a collector. West Quarterline Drive and North Stonehart Way are designed as an extension of West Escalante Drive; therefore, will function as a collector. It is an Ada County Highway District policy that residential homes do not have direct access to a collector. The applicant should be required to provide a revised preliminary development plan/preliminary plat with a new plat note which states, "Direct lot access to West Escalante Drive, West Quarterline Drive, and North Stonehart Way is prohibited."The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat shows that a majority of the pressurized irrigation lines providing irrigation to the buildable lots are located within the common lots. Plat note #4 identifies the common lots and maintenance of the common lots. The plat note does not address the ownership of the common lots or easements associated with the pressurized irrigation lines. The applicant should be required to provide a revised preliminary development plan/preliminary with plat note#4 revised to state,"Lots 1 and 8,Block 1, Lot 13, Block 2,Lot 1, Block 3, Lots land 4, Block 4, Lots 1 and 5, Block 5, and Lot 1, Block 6, are common lots to be owned and maintained by the homeowner's association. The common lots shall have a blanket public utility, drainage, and irrigation easement." The revised preliminary development plan/preliminary plat should be submitted prior to submittal of fmal development plan and final plat applications. • The preliminary development plan/preliminary plat identifies Lot 5,Block 5 as a common lot.Lot 5, Block 5, appears to be approximately 10-feet in width and is located between West Passier Street and the southern boundary line. Common lots are owned by the homeowner's association; Page 12 of 25 K:\Planning Dcpt.Eagle ApplicationslPrcliminary Development Plans120201Mosscreck Sub pzf.doc therefore, the common lot is not public. Since the common lot is privately owned, access to the public street would be prohibited for lots that may be developed on the adjacent property in the future. The common lot functions as a private reserve strip. Pursuant to Eagle City Code Section 9-3-7(B)(1) private reserve strips are prohibited within subdivisions. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing the right-of- way associated with West Passier Street dedicated to the southern boundary line of the subdivision. The revised preliminary development plan/preliminary plat should be submitted prior to submittal of final development plan and fmal plat applications. • As previously referenced, the Ada County Highway District Master Street Map identifies West Escalante Drive as a collector. The preliminary development plan/preliminary plat shows West Escalante Drive along the northern portion of the site turning to the south as West Quarterline Drive which then changes to North Stonehart Avenue as it continues in a southernly direction. The preliminary development plan/preliminary plat shows a 10-foot wide common lot located along the north side of West Escalante Drive between the right-of-way and the north property line of the development. A 20-foot wide common lot is located between the residential lots and West Quarterline Drive and North Stonehart Ave. The preliminary development plan/preliminary plat shows the common lot along the south side of West Escalante Drive varying from 20-feet to 25- feet in width. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a) a 35-foot wide buffer (not including right-of-way) with a minimum five foot (5') high, maximum eight foot (8') high berm (or combination of berm and wall)is required on both sides of a collector roadway. There are two subdivisions located north of the development (Eaglefield Estates Subdivision No. 1 and The Preserve Subdivision No. 3 which have a 40-foot wide common lot located along the southern boundary and adjacent to the northern property line of the proposed development. The 40-foot wide common lot does not contain any trees which would provide a buffer to West Escalante Avenue. The 10-foot wide common lot between West Escalante Drive and the north property line does not contain enough width to plant a landscape buffer along the street. It should be noted that the location of the roadway has been determined by the location of the roadway within the adjacent subdivision located to the east (Eaglefield Village Subdivision). Since the roadway cannot be relocated farther to the south to allow for a wider buffer area the applicant should be required to submit an Alternative Method of Compliance application with the Design Review application to address the proposed landscaping within the 10-foot wide common lot located north of West Escalante Drive. The landscape plan should show additional landscaping within the 10-foot wide common lot to provide a buffer between West Escalante Drive and the residents located north of Mosscreek Subdivision. The Alternative Method of Compliance and Design Review applications should be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing a 35-foot wide common area located along the south side of West Escalante Drive, north side of West Quarterline Drive, and west side of North Stonehart Avenue. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The applicant provided a landscape plan, date stamped by the City on October 7, 2020, which identifies 6-foot high vinyl fencing located along several common areas within the development. Pursuant to Eagle City Code Section 9-3-10, fencing located adjacent to common area open spaces and on the street side of all corner lots shall be open style fencing such as wrought iron or other similar decorative style. The applicant should be required to provide a revised fencing exhibit showing the fencing within the development in conformance with Eagle City Code Section 9-3-10. The fencing exhibit should be provided prior to execution of the development agreement associated with RZ-06-20. Page 13 of 25 K:1Planning DcptlEaglc Applications'Preliminary Development Plans120201Mosscreek Sub pzf.doc • The preliminary development plan/preliminary plat or the landscape plan, date stamped by the City on October 7, 2020, does not show any amenities located within the open space common areas. Pursuant to Eagle City Code Section 8-6-8-2(B), a minimum of fifteen percent (15%) of the common area open space shall be developed as active open space. Eagle City Code Section 9- 1-6 defines active open space as common areas which may include athletic fields, buildings or structures for recreational activities including picnic areas, community gardens, courses or courts, children's play areas, dog play area, and pathways. The applicant should be required to provide a revised preliminary development plan/preliminary plat identifying recreational amenities located within the areas of common lots not encumbered by the easement associated with the Middleton Mill Irrigation Lateral. The recreational amenities may include but not be limited to, buildings or structures for recreational activities including picnic areas, community gardens, courses or courts, children's play areas or dog play area. The revised preliminary development plan/preliminary plat should be provided prior to submittal of a design review application. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on October 19, 2020, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by three(3)individuals who indicated the following: • The applicant should be required to work with The Preserve Subdivision homeowners association regarding the maintenance of the landscaping along West Escanlante Drive. • They have concerns regarding traffic speeds, lighting,and security issues. • The applicant should be required to add some amenities for the residents of the subdivision. • The applicant should not be permitted to calculate the buffer area located within The Preserve Subdivision as part of the Mosscreek Subdivision open space. • A concern with drainage from the proposed subdivision encroaching into The Preserve Subdivision common area located along the north property line. • The applicant should be required to provide solid privacy fencing along the north property line to buffer the road noise from the West Escalante Drive. • One (1) of the individuals read a letter into the record indicating that there has been a procedural error associated with the proposal shown at the neighborhood meeting and what is being proposed. COMMISSION DELIBERATION(Granicus time 01:18:00): Upon closing the public hearing,the Commission discussed during deliberation that: • The proposed density is similar to the adjacent subdivisions. • All fencing located adjacent to the common lots should be open style fencing,however,the Commission supports solid style located along the northern property line due to the adjacent collector road. • The Commission supports the setbacks as recommended by staff. Page 14 of 25 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (McCauley absent) to recommend approval of A-05-20 and RZ-06-20 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-5-DA-P for Urban Solutions, LLC, with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 2.59 dwelling units per acre(56 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits,Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house(if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Page 15 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20201Mosscreek Sub pzf.doc Design Review Board prior to the submittal of a final plat application. 3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"E". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of 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 "E". If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. 3.9 Owner shall comply with all pathway requirements as identified in Exhibit F.All pathways shall be constructed prior to the City Clerk signing the first final plat. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 4 to 0 (McCauley absent)to recommend approval of CU-04-20/PPUD-02-20/PP- 03-20 for Mosscreek Subdivision (Exhibit "A") for Urban Solutions, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-06-20. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The applicant should be required to pay the required $58,800 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final development plan and final plat applications. 5. Provide documentation from the subdivision contractor indicating the potable well and septic system located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 6. The required setbacks shall be as follows: Front 20-feet(living area) 25-feet(side-entry garage) 31-feet(front-load garage) Rear 15-feet Page 16 of 25 K:1Planning Dept\Eagle ApplicationslPreliminary Development Plans120201Mosscrcek Sub pzf.doc Interior Side 5-feet(first story)5-feet(each additional story) Maximum Lot Coverage 50% 7. Provide a revised preliminary development plan/preliminary plat with a new plat note which states, "Driveways are prohibited across Lots 1 and 8, Block 1, Lot 13, Block 2, Lot 4, Block 4, Lot 1, Block 5, and Lot 1, Block 6." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 8. Provide a revised preliminary development plan/preliminary plat with a new plat note which states, "Direct lot access to West Escalante Drive, West Quarterline Drive, and North Stonehart Way is prohibited." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of fmal development plan and final plat applications. 9. Provide a revised preliminary development plan/preliminary with plat note#4 revised to state,"Lots 1 and 8,Block 1, Lot 13, Block 2, Lot 1, Block 3, Lots land 4, Block 4, Lots 1 and 5, Block 5, and Lot 1, Block 6, are common lots to be owned and maintained by the homeowner's association. The common lots shall have a blanket public utility, drainage, and irrigation easement." The revised preliminary development plan/preliminary plat shall be submitted prior to submittal of final development plan and fmal plat applications. 10. Provide a revised preliminary development plan/preliminary plat showing the right-of-way associated with West Passier Street dedicated to the southern boundary line of the subdivision. The revised preliminary development plan/preliminary plat shall be submitted prior to submittal of final development plan and final plat applications. 11. The applicant shall submit an Alternative Method of Compliance application with the Design Review application to address the proposed landscaping within the 10-foot wide common lot located north of West Escalante Drive. The landscape plan shall show additional landscaping within the 10-foot wide common lot to provide a buffer between West Escalante Drive and the residents located north of Mosscreek Subdivision. The Alternative Method of Compliance and Design Review applications shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and fmal plat applications. 12. Provide a revised preliminary development plan/preliminary plat showing a 35-foot wide common area located along the south side of West Escalante Drive, north side of West Quarterline Drive, and west side of North Stonehart Avenue. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (8-2A- 7[J][4][a]) 13. 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 withi an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb.Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. Page 17 of 25 K:1Planning DeptlEagle Applications\Prcliminary Development Plans120201Mosscrcck Sub pzf.doc 14. 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) 15. 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 Eagle City Code Section 8-2A-7(J)and Section 9-3-10. 16. Provide a revised fencing exhibit showing the fencing within the development in conformance with Eagle City Code Section 9-3-10. The fencing exhibit shall be provided prior to execution of the development agreement associated with RZ-06-20. 17. Provide a revised preliminary development plan/preliminary plat identifying recreational amenities located within the areas of common lots not encumbered by the easement associated with the Middleton Mill Irrigation Lateral. The recreational amenities, may include but not be limited to, buildings or structures for recreational activities including picnic areas, community gardens, courses or courts, children's play areas or dog play area. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. 18. The Mosscreek Subdivision shall remain under the control of one Homeowners Association. 19. The applicant shall place a note on the fmal plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.(ECC 9-4-1-9[C][1]) NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets and sidewalks. 2. Correct street names,as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20- 8.4) Page 18 of 25 K:1Planning DeptlEagle Applications\Prcliminary Development Plans120201Mosscttck Sub pzf.doc 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed,routed,covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. Page 19 of 25 K:\Planning DeptlEagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the fmal 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 fmal 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". Page 20 of 25 K:1Planning Dept'Eagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat,the applicant may construct any approved improvements before the City Engineer signs the fmal 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 fmal 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 fmal plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. Page 21 of 25 K:1Planning Dept'Eagle ApplicationsTreliminary Development Plans120201Mosscreek Sub pzf.doc 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-05-20/RZ-06-20) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-5-DA-P (Residential with a development agreement — PUD) is consistent with the Compact Residential designation as shown on the Comprehensive Plan Land Use Map since the density, as conditioned herein, is in conformance with the allowed density as identified within the comprehensive plan; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided,to serve all uses allowed on this property under the proposed zone; c. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-4-DA-P(Residential with a development agreement—PUD)zone and land use to the north since this area is designated Compact Residential in the Comprehensive Plan and is developed with residential subdivisions (Eaglefield Estates Subdivision No. 1 and The Preserve Subdivision No. 3); d. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with RUT (Rural-Urban Transition —Ada County designation) zone and land use to the south since that area is designated Compact Residential in the Comprehensive Plan and may be developed in a similar manner; e. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the MU-DA(Mixed Use with a development agreement[in lieu of a PUD])zone and land use to the east since that area consists of a residential subdivision (Eaglefield Village Subdivision),which is developed with a higher density than the proposed subdivision; f. The proposed R-5-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the west since this area is designated Neighborhood Residential in the Comprehensive Plan and may be developed in a similar manner; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan;and h. No non-conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-04-20/PPUD-02-20/PP-03-20) 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. Page 22 of 25 K:\Planning DeptlEagle Applications\Prcliminary Development Plans120201Mosscreek Sub pzf.doc Mosscreek Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan and consistent with the requirements of Eagle City Code;and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development is proposed to consist of single-family residential homes and will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed with similar density as the adjacent subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent developments;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Mosscreek Subdivision is proposed to be developed in a manner harmonious with existing and future residential uses in the immediate vicinity;and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke, fumes,glare or odors. The development is planned for residential,similar to the character of the surrounding area.There are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental to the surrounding properties upon completion of the site work;and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Mosscreek Subdivision will be served by West Escanlante Drive (designated as a collector). 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 Eagle Sewer District,City of Eagle Municipal Water, and Ada County 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 will contain a minimum of 33.6%of open space. The common lots will include a pond,pathways,and recreational amenities for the residents;and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub street to the adjacent undeveloped parcel to the west which will provide intra-neighborhood connectivity. Access to the development will be provided from West Escalante Drive and North Tempsford Way. The design and construction of the roadways and entrances is regulated 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. Page 23 of 25 K:\Planning DeptAEagle Applications\Prcliminary Development Plans120201Mosscreek Sub pzf.doc No scenic or historic features of major importance exist on 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 Eagle Comprehensive Plan designates the property as Compact Residential. The applicant is requesting a R-5-DA-P (Residential with a development agreement — PUD) to allow for flexibility in design while still maintaining the maximum density of the proposed development at 2.59-dwelling units per acre;and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs(incorporating fifty(50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance,schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by City of Eagle Municipal Water System.The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Svace The development will contain a minimum of 33.6% of passive and active open space. The applicant is required to provide amenities to provide the residents living within the development Page 24 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans120201Mosscreek Sub pzf.doc recreational opportunities. 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 Mosscreek Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Mosscreek Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$14,010/annually (with Homeowner's Exemption). 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. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 2nd day of November,2020. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho akel) leiek Trent Wright,Chairman A ST: •'�� O E••Cd , Eagle ity Clem* • 41•.• • SEA s ' .Trzw . Os barn '_., sti:; , ,rt ,0,o . ••'PE OF");•�' Page 25 of 25 K:\Planning Dcpt\Eagle Applicationsneliminary Development Plans12020\Mosscreek Sub pzf doe •• !. cf • f • e• • • • A 4'6 qa Y ` A . s • I • tf ff • f ± w •�t:aFi f 1 � . / PRELIMINARY DEVELOPMENT PLAN PRELIMINARY PLAT N PRELIMINARY DEVELOPMENT FEATURES / t — MOSSCREEK SUBDIVISION RA�S E w MMHG MINT RD :dY�"""`—: A PARCEL OF LAND BEING LOCATED IN THE S 1/2 OF T I P R 1•174 401`1SOPIADP NE 1/4 OF SECTION 2, T. 4N., R. 1 W., BOISE MERIDIAN 1 ,M„d t EAGLE, ADA COUNTY IDAHO sne 1, Idml.w.a.._... 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