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Findings - PZ - 2021 - A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20 - Brookway North Sub - 6001 W Beacon Lt Rd Rezone Rut To R-2-Da-P For 58 Lot Sub
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-2-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR BROOKWAY NORTH SUBDIVISION ) FOR HALL CAPITAL,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-08-20/RZ-10-20/CU-08-20/PPUD-03-20/PP-05-20 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 January 4, 2021, 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: Hall Capital, LLC, represented by Kent Brown, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Brookway North Subdivision, a 58-lot (53-buildable, 5-common) residential planned unit development. The 28-acre site is located on the south side of West Beacon Light Road approximately 100-feet west of North Lanewood Road at 6001 West Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site, at 6:00 PM, on Tuesday, July 28, 2020 , in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on September 3, 2020. A revised preliminary development plan/preliminary plat and revised colored preliminary plat landscape plan were received by the City on November 12, 2020. A preliminary irrigation report was received by the City on November 23,2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on September 25, 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 December 17, 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 December 18, 2020. The site was posted in accordance with the Eagle City Code on December 12,2020. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Vacant parcels Residential(2 Transition—Ada County units/acre see policy Designation) 6.6.1[AJ[2J[b J) Proposed No Change R-2-DA-P(Residential Single-family residential with a development planned unit development agreement—PUD North of site Large Lot RUT(Rural-Urban Single-family residences Residential, Transition—Ada County and agriculture Residential Designation) Transitional Overlay South of site Neighborhood RUT(Rural-Urban Vacant parcels and single- Residential Transition—Ada County family residential Designation)and R-2- subdivision(Brookway DA-P(Residential with a Subdivision No. 3 and development agreement— proposed Brookway PUD) Subdivision No. 4) East of site Neighborhood RUT(Rural-Urban Two non-conforming Residential Transition—Ada County parcels with single-family Designation) dwellings West of site Neighborhood RUT(Rural-Urban Vacant parcels(proposed Residential Transition—Ada County Stags Crossing Subdivision) Designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—28 Total Number of Lots—58 Residential—53 Commercial— 0 Industrial— 0 Common—5 Total Number of Units— Single-family—53 Duplex—0 Multi-family—0 Page 2 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doe Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.89-dwelling units per acre 1.89-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 10,239-square feet* 17,000-square feet Minimum Lot Width 90-feet 75-feet Minimum Street Frontage 36-feet 35-feet Total Acreage of Common Area 7.70-acres 7.48-acres Open Space Percent of Site as Common Area 27.5% 26.6% 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 proposing a 50-foot wide landscaped buffer along West Beacon Light Road. The proposed width is in conformance with Eagle-City Code Section 8-2A-7(J)(4). Open Space: A total of 7.70-acres of open space is proposed (inclusive of the planter strips). The required buffer area located adjacent to West Beacon Light Road will be contained within common lots. The remaining open space areas are inclusive of pathways throughout the development, a drainage ditch, and common lots located between the streets and side yards of lots located in proximity to the streets. 4.02-acres(52.2%)of the proposed open space is considered to be"Open Space,Active"as defined by Eagle City Code Section 9-1-6. 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. Page 3 of 25 K:\Planning Dept'Eagle Applications\Preliminary Development Plans\2020\Brookway North 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 There is an existing septic system which serves the residential dwelling located on the property. The septic system will need to be abandoned during construction of the subdivision. Preservation of Existing Natural Features: The site contains mature trees located in proximity to the canal along the eastern property line and along West Beacon Light Road. There are also mature trees located in proximity to the existing dwelling located along West Beacon Light at the midpoint of the property fronting West Beacon Light Road. 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 November 12, 2020. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None Cul-de-sac Design:None Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both sides 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. A detached 10-foot wide concrete sidewalk is proposed within the proposed right-of-way along West Beacon Light Road. 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. Page 4 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: The preliminary development plan/preliminary plat, date stamped by the City on November 12, 2020, shows a pathway located along the Dry Creek Canal and a pathway providing a connection from West Riceboro Street to the pathway along the Dry Creek Canal. There is also a pathway shown at the terminus of West Riceboro Street providing a connection to West Enita Way. 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—along the eastern property line and West Beacon Light Road. Riparian Vegetation—no Steep Slopes—no Stream/Creek—yes—Dry Creek Canal Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to staff report. City Engineer: All comments within the engineer's letter dated October 19, 2020, are of special concern(attached to staff report). City Water Superintendent: All comments within the City Water Department's memo dated December 1,2020,are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent correspondence dated September 25, 2020, are of special concern (attached to the staff report). Ada County Highway District Ada County Development Services Ballantyne Ditch Company Central District Health Department Communities in Motion 2040 2.0 Development Review(COMPASS) Eagle Fire Department Eagle Sewer District Idaho Department of Environmental Quality Marathon Pipe Line, LLC Page 5 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc Ron Sedlacek(email on behalf of New Dry Creek Ditch Company) West Ada School District Q. LETTERS FROM THE PUBLIC:None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in a single-phase. 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 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. Page 6 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 6.6.1 Village Planning Area A. 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 Uses should be developed as follows: b. Densities should decrease as distance increases from the village center. The overall densities in the Village Planning Area and in the Neighborhood Residential designation, south of Beacon Light Road, should average 1-2 units per acre. Residential area north of Beacon Light is Large Lot Residential with a Residential Transition Overlay, transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and 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. Page 7 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 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 1 Minimum Lot Zoning Lot Area t Minimum Maximum Front 1 Rear Interior Street I Covered F (Acres Or Square j District Lot Height Side Side And J* Feet)H* Width I* R-2 35' 30' j 30' j 10' 20' 40% 17,000 75' 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)(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 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: 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. Page 8 of 25 K:\Planning Dept\Eagle Applications'Preliminary Development Plans\2020\Brookway North Sub pzf.doc • 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: 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 8-6-5-2: 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. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2: Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles; • 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 Page 9 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. D. DISCUSSION (based on the preliminary development plan/preliminary plat, date stamped by the City on December 13, 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) is equivalent to each residential buildable lot. The applicant has submitted a request for waiver to the City of Eagle Water Department, date stamped by the City on August 24, 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 53-lots, the total STL fee required for the subdivision is $111,300. The STL fee required at the time of preliminary plat is $55,650. The applicant received approval from the City of Eagle Water Department (of the waiver request) on September 25, 2020. The applicant should be required to pay the required $55,650 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 applicant provided a "Preliminary Plat Landscape Plan" date stamped by the City on September 3, 2020, which identifies the locations of three (3) proposed styles of fencing within the development consisting of 6-foot tall, solid fencing(vinyl), 5-foot tall, open vision iron fence, or 6-foot open top vinyl fence. The fencing plan shows the 6-foot tall, open top vinyl fence located adjacent to the common areas within certain areas of the development. Pursuant to 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 Page 10 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc similar decorative style,durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7(J) 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. Any fencing located adjacent to common area open spaces and on the street side of all corner lots should be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). The applicant should be required to provide a proposed fencing exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-10-20). • The preliminary development plan/preliminary plat contains a Conceptual Engineering plan (PP- 3) which shows what appears to be stormwater facilities located within the planter strip area at four (4) separate locations. Pursuant to Eagle City Code Section 8-2A-7(M), within residential developments one shade class (class II) tree is required to be located on both sides of all streets within the eight foot(8') wide landscape strip between the sidewalk and the curb. Trees are to be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty-five feet (35') and a maximum of eighty feet (80') of street frontage. In the event the stormwater facilities are located within the landscape strip area, trees will be prohibited to be planted at these locations. To prevent this from occurring, the applicant should be required to provide a revised preliminary development plan/preliminary plat showing subsurface stormwater facilities to be located outside of the required landscape strip areas. The revised preliminary development plan/preliminary plat should also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary development plan/preliminary plat should be provided prior to submittal of design review application. • The applicant is requesting a R-2-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-2(Residential)zoning designations: Front 30-feet Rear 30-feet Interior Side 10-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 development plan/preliminary plat shows a typical street section for the interior streets with 6-feet of the 8-foot wide planter strip and the five foot (5') wide detached sidewalk being located within the property. Pursuant to Eagle City Code Section 8-2-4(G) all front load garages shall be back a minimum of 25-feet from the back of sidewalk. Since the back of sidewalk encroaches 11-feet into the property the area between the front of the garage and the back of sidewalk would be 19-feet in width based on a 30-foot front setback. It is staff's recommendation that based on the location of the detached sidewalk and the corner lots being located adjacent to the street, the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Page 11 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doc Front 36-feet(front load garage) 25-feet(side entry garage) Rear 30-feet Interior Side 10-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note #2 of the preliminary development plan/preliminary plat states, "The subject property does not fall within a FEMA flood hazard zone. Reference FIRM Panel 16001C0135J effective February 19, 2003." The City of Eagle adopted a new flood insurance study (FIS) with the accompanying flood insurance rate maps (FIRM) on June 19, 2020. The panel number associated with the FIRM changed. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note#2 revised to state, "The subject property does not fall within a FEMA Special Flood Hazard Area. Reference FIRM Panel 16001C0135J effective June 19, 2020." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The last two sentences of plat note #3 of the preliminary development plan/preliminary plat states, "All lots shall have a permanent easement for public utilities, irrigation, and lot drainage over the 12 (twelve) feet adjacent to the rear lot line. Except as otherwise shown, there shall be a 6 (six) foot public utility, irrigation, and lot drainage easement adjacent to any lot line not adjacent to a public street. " Pursuant to Eagle City Code Section 9-3-6 (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. Although the second sentence identifies a 12- foot wide easement along all rear lot lines the last sentence identifies a 6-foot wide easement is required adjacent to any lot line that is not adjacent to a public street, which may cause confusion regarding the required width of an easement that is not along a public street(i.e. rear versus side). The applicant should be required to provide a revised preliminary development plan/preliminary plat with the last sentence of plat note #3 revised to state, "Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities, irrigation and lot drainage over the six (6) feet adjacent to side lot lines." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #4 of the preliminary development plan/preliminary plat states, "Minimum building setback lines shall be in accordance with the applicable standards of the City of Eagle at the time of issuance of the building permit." Plat note #13 of the preliminary development plan/preliminary plat states, "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Code at the time of issuance of a building permit or as specifically approved." The two plat notes are somewhat duplicative with the exception that plat note #13 addresses required setbacks that may differ from the setbacks required pursuant to Eagle City Code. Since the applicant will be required to provide additional width for the front setback to address the portion of planter strip and sidewalk being located within the buildable lot, plat note #13 addresses the additional setback. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #4 (regarding minimum setbacks) removed. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. Page 12 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc • Plat note #5 of the preliminary development plan/preliminary plat states, "The developer shall provide pressurized irrigation water to each lot. The irrigation system shall be owned and maintained by the HOA. All lots in the subdivision will be subject to assessments of the New Dry Creek Ditch Company." The applicant has provided a "Preliminary Irrigation Report for Brookway North Subdivision" date stamped by the City on November 23, 2020, which indicates this development site has access to water rights from Farmers Union Ditch Company. Based on the preliminary irrigation report the applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note# 5 revised to state, "The developer shall provide pressurized irrigation water to each lot. The irrigation system shall be owned and maintained by the Brookway North Subdivision Homeowners Association. All lots in the subdivision will be subject to assessments of the Farmers Union Ditch Company." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #8 of the preliminary development plan/preliminary plat states, "Common lots are to be owned and maintained by the subdivision homeowners association or it assigns."Plat note #12 of the preliminary development plan/preliminary plat states, "Lot 13, Block 1, Lot 17, Block 2, Lot 4, Block 3, and Lots 1 & 17, Block 4 are common lots to be owned and maintained by the homeowner's association." While plat note #8 of the preliminary development plan/preliminary plat addresses the ownership and maintenance of the common lots the note does not address which lots are common lots. Plat note#13 identifies the common lots, ownership, and responsibility of maintenance. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #8 removed. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #15 of the preliminary development plan/preliminary plat states, "Lot 4, Block 3 and Lots 1 & 17,Block 4 contain City of Eagle pedestrian pathway easements." • Although the plat note identifies a pathway easement and the preliminary development plan/preliminary plat delineates the location of the easement there is no reference to recorded easement within the plat notes or within the map area of plat. The preliminary development plan/preliminary plat delineates a 16-foot wide pathway easement located along the Dry Creek Canal. The preliminary development plan/preliminary plat also calls out an 8-foot asphalt pedestrian path located within the 16-foot wide pathway easement. The recommendation contained within the "Parks, Pathway and Recreation Commission Pathway Recommendations," dated September 25, 2020, indicates the applicant is required to provide an 18-foot wide public access easement along the Dry Creek Canal. The "Parks, Pathway and Recreation Commission Recommendations" further states the applicant is required to provide a 10-foot wide concrete pathway to be located within the pathway easement. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #15 revised to state, "Lot 4,Block 3 and Lots 1 & 17, Block 4,has a public pathway easement in favor of the City of Eagle over a portion of the lot as shown per instrument No. , records of Ada County, Idaho." The applicant should be required to provide a revised preliminary development plan/preliminary plat showing an 18-foot wide public pathway easement with a 10-foot wide concrete pedestrian path located with the public pathway easement. The applicant should be required to provide and construct all pathways as shown in the Parks, Pathways, and Recreation Commission Pathway Recommendations, dated September 25, 2020. The pathways shall be constructed in conformance with the City of Eagle standards or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk signing the final plat. The Page 13 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doc specific location and design of the pathway should be approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. The pathway along the Dry Creek Canal should be located within a recorded easement or easements dedicated to and accepted by Eagle. The instrument number of the recorded easement or easements should be referenced on the face of the plat. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on January 4, 2021, 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. 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. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-08-20 and RZ-10-20 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P for Hall Capital, LLC, with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission and underline text to be added by the Commission: 3.1 The maximum density for the Property shall be 1.89 dwelling units per acre(53-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), 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 Page 14 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doe 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 provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.7 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, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 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. 3.9 Owner shall provide and construct all pathways as shown in the Parks, Pathways, and Recreation Commission Pathway Recommendations, dated September 25, 2020 January 4, 2021 (Exhibit "F"). The pathways shall be constructed in conformance with the City of Eagle standards or the Page 15 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk signing the final plat. The specific location and design of the pathway shall be approved by the Design Review Board and City Council prior to submittal of a final plat application. The pathway along the Dry Creek Canal shall be located within a recorded easement or easements dedicated to and accepted by Eagle. The instrument number of the recorded easement or easements shall be referenced on the face of the plat. 3.10 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of CU-08-20/PPUD-03-20/PP-05-20 for Brookway North Subdivision (Exhibit "A") for Hall Capital, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-10-20. 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 shall be required to pay the required $55,650.00 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. (Resolution No. 08-09) 5. 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. 6. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 7. Provide a revised fencing exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-10-20). Page 16 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 8. Provide a revised preliminary development plan/preliminary plat showing all subsurface stormwater facilities to be located outside of the required street side landscape strip areas. The revised preliminary development plan/preliminary plat shall also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of design review application. (ECC 8-2A-7[M] & 9-2-3[C][3][m]) 9. Provide a revised preliminary development plan/preliminary plat showing the open space to be in conformance with Eagle City Code Section 8-6-5-5. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. 10. The required setbacks shall be as follows: Front 30-feet(living area) 36-feet(front load garage) 25-feet(side entry garage) Rear 30-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 11. Provide a revised preliminary development plan/preliminary plat with plat note #2 revised to state, "The subject property does not fall within a FEMA Special Flood Hazard Area. Reference FIRM Panel 16001C0135J effective June 19, 2020." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary development plan/preliminary plat with the last sentence of plat note#3 revised to state, "Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities, irrigation and lot drainage over the six (6) feet adjacent to side lot lines."The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary development plan/preliminary plat with plat note #4 (regarding minimum setbacks) removed. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary development plan/preliminary plat with plat note # 5 revised to state, "The developer shall provide pressurized irrigation water to each lot. The irrigation system shall be owned and maintained by the Brookway North Subdivision Homeowners Association. All lots in the subdivision will be subject to assessments of the Farmers Union Ditch Company." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary development plan/preliminary plat with plat note #8 removed. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 16. Provide a revised preliminary development plan/preliminary plat with plat note #15 revised to state, "Lot 4, Block 3 and Lots 1 & 17, Block 4, has a public pathway easement in favor of the City of Eagle over a portion of the lot as shown per instrument No. , records of Ada County, Idaho." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. Page 17 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 17. Provide a revised preliminary development plan/preliminary plat showing an 18-foot wide public pathway easement with a 10-foot wide concrete pedestrian path located with the public pathway easement located in proximity to the Dry Creek Canal. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 18. 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. 19. The Brookway North Subdivision shall remain under the control of one Homeowners Association. 20. 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. 21. 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. 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) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Page 18 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 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. 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. Page 19 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doc 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 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. Page 20 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 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. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-08-20/RZ-10-20) 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 Page 21 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc goals and objectives because: a. The requested zoning designation of R-2-DA-P (Residential with a development agreement — PUD) is consistent with the Neighborhood 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-2-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 north since this area is designated Large Lot Residential and Residential Transitional Overlay in the Comprehensive Plan and will be separated from those properties by the required buffer located along West Beacon Light Road(minor arterial); d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with RUT (Rural-Urban Transition — Ada County designation) and R-2-DA-P (Residential with a development agreement — PUD) zones and land uses to the south since that area is designated Neighborhood Residential in the Comprehensive Plan and since a portion of the area may be developed in a similar manner and the remaining portion is currently being developed in a similar manner; e. The proposed R-2-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 east since that area consists of two (2) nonconforming parcels that contain single-family dwellings; f. The proposed R-2-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 is proposed to 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 nonconforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-08-20/PPUD-03-20/PP-05-20) 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. Brookway North 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 Page 22 of 25 K:\Planning Dept'E.agle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc developments; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Brookway North 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. Brookway North Subdivision will be served by West Beacon Light Road (designated as a minor arterial). 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 27.5% of open space. The common lots will include 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 parcels to the south and west which will provide intra-neighborhood connectivity. Access to the development will be provided from West Beacon Light Road and North World Cup 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. 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 Neighborhood Residential. The applicant is requesting a R-2-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 1.89-dwelling units per acre;and Page 23 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf.doc 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 Space The development will contain a minimum of 27.5% of passive and active open space. The applicant is required to provide amenities to provide the residents living within the development 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 Brookway North Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Page 24 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doe Schools Brookway North 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 $15,150/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 19th day of January, 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho —ed-k5R--<) Trent Wright, Chairman ,,,,,,,,Si,,.,,,,, .•••mil OF fqo `'•. TEST: •• '� ••" ••• 44, 's 7 C QORq?, F • Tracy E. or Eagle City Clerk * op �� SEAL 49, t.OF woo Page 25 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Brookway North Sub pzf doe 4Y1f.,. aa�.`I,}ikj�I aa� ... • {,�kiii tly9it - 1 NIn NI 1'c S3 IN_L 3. 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