Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Findings - CC - 2015 - RZ-28-06MOD/CU-08-15/PPUD-03-15/PP-02-15 - Crossley Park Subd/33 Lot/6.77 Acre Site/3391 W. Flint Dr
BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION, CONDITIONAL USE ) PERMIT, PRELIMINARY DEVELOPMENT ) PLAN AND PRELIMINARY PLAT FOR ) CROSSLEY PARK SUBDIVISION FOR ) GREG HALL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -28 -06 MOD /CU- 08- 15/PPUD- 03- 15/PP -02 -15 A development agreement modification, development agreement in lieu of a PUD, and preliminary plat applications came before the Eagle City Council for their consideration on June 23, 2015, at which time public testimony was taken. The Council pursuant to Idaho Code 67 -6510, directed staff and Council representatives to mediate with the applicant and other affected parties and bring the potential changes back for Council consideration at a future date. A mediation session was conducted on July 14, 2015. Upon completion of the mediation session an agreement was reached to do the following: 1) Move the application forward as a planned unit development 2) rezone the property from R -3 -DA (Residential with a development agreement) to R- 4 -DA -P (Residential with a development agreement — PUD) instead of the MU -DA (Mixed Use with a development agreement in lieu of a PUD), 3) reduce the number of lots located adjacent to The Colony Subdivision, 4) require those lots located adjacent to The Colony Subdivision to have open style fencing, 5) remove the pedestrian pathway located in proximity to the eastern boundary, and 5) provide a revised layout. Upon completion of the mediation the applications were re- noticed and the above - entitled development agreement modification, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle City Council for their action on August 11, 2015. The City Council, having heard and taken oral testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Greg Hall, represented by Tim Mokwa with KM Engineering, LLP, is requesting a development agreement modification to rezone the property from R -3 -DA (Residential with a development agreement) to R- 4 -DA -P (Residential with a development agreement -PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Crossley Park Subdivision, a 33 -lot (28- buildable, 5- common) residential subdivision. The 6.77 -acre site is generally located on the south side of W. Flint Drive at 3391 W. Flint Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Big Star Coffee located at 84 North Fisher Park Way, Eagle, at 6:00 PM, Tuesday, February 24, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on March 19, 2015. A revised preliminary plat (based on the agreed upon modifications associated with the mediation) was provided on July 30, 2015. Page 1 of 33 KAPlanning DeptEagle ApplicationASUBS\201 MCrossley Park Sub cdpost mediation.doc C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 27, 2015. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 22, 2015. Requests for agencies' reviews were transmitted on March 23, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on May 8, 2015. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 8, 2015. Notice of this public hearing was mailed to property owners within 300 -feet of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 3, 2015. The site was posted in accordance with the Eagle City Code on June 11, 2015. Post Mediation: Due to the application being remanded the application was re- noticed. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 27, 2015. Notice of this public hearing was mailed to property owners within 300 -feet of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 23, 2015. The site was posted in accordance with the Eagle City Code on July 31, 2015. D. HISTORY OF PREVIOUS ACTIONS: On April 10, 2007, the City Council approved applications for a rezone with a development agreement and a preliminary plat for Symphony Square Subdivision (RZ- 28- 06/PP- 22 -06). On April 15, 2008, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2009 (EXT- 03 -08). On April 28, 2009, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2010 (EXT- 02 -09). On May 24, 2010, the City Council approved an extension of time for the preliminary plat for Symphony Square Subdivision to be valid until April 10, 2011 (EXT- 02 -10). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 33 KAPlanning DeptTagle ApplicationASUBS\201 SCrossley Park Sub ccf post mediation.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. �WIIINNJIVV ". Total Acreage of Site — 6.77 -acres Total Number of Lots — 33 Total Number of Units — 28 Residential — 28 Commercial — 0 Industrial — 0 Common — 5 (one [ 1 ] of which contains a private street) Single - family — 28 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 3 of 33 KAPlanning Dept\Eagle Applications\SUBS\2015 \Crossley Park Sub edpost mediation.doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Transitional Residential R -3 -DA (Residential with a Residential subdivision — development agreement) Flint Estates Proposed No Change R- 4 -DA -P (Residential with a Single family residential development agreement — development PUD) North of site Transitional Residential A -R (Agricultural- Single - family residence Residential) South of site Mixed Use MU -DA (Mixed Use with a Commercial subdivision development agreement) (Arts West Subdivision) East of site Residential One R -1 (Residential —one unit Residential subdivision — per acre) Colony Subdivision West of site Mixed Use MU -DA (Mixed Use with a Commercial subdivision development agreement) (Arts West Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. �WIIINNJIVV ". Total Acreage of Site — 6.77 -acres Total Number of Lots — 33 Total Number of Units — 28 Residential — 28 Commercial — 0 Industrial — 0 Common — 5 (one [ 1 ] of which contains a private street) Single - family — 28 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 3 of 33 KAPlanning Dept\Eagle Applications\SUBS\2015 \Crossley Park Sub edpost mediation.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 4.14- dwelling units per acre Limited within the Park Lane Planning Area sub -area plan beyond the general Mixed Use allowance. Minimum Lot Size 3,995 - square feet 8,000 - square feet* Minimum Lot Width 40 -feet 70 -feet* Minimum Street Frontage 31 -feet 35 -feet* Total Acreage of Common Area 2.4 -acres (1.49 -acres landscaping 1.35 -acres and 0.91 -acres private street) Percent of Site as Common Area 22% 20% 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. * Note — May be reduced with the approval of a planned unit development. GENERAL SITE DESIGN FEATURES: Landscape Screening: The western property line will be located adjacent to North Fisher Park Way which is classified as a collector. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a) a thirty-five foot (35') wide buffer area with a minimum five to eight foot (5' to 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. Open Space: A total of 2.40 -acres (inclusive of 0.91 -acres of private street area) of open space is proposed within the residential subdivision. The common lots minus the private street lot is 1.49 -acres in size and consists of four (4) common lots. The common lot area located outside of the private street is proposed to contain landscaping, six -foot (6') wide pedestrian pathways, and a drainage facility for the private street. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC &R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 4 of 33 KAPlanning DeptTagle ApplicationASUBS\201 MCrossley Park Sub cdpost mediation.doc Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9 -3 -6 requires utility easements to be not less than 12 -feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development (PUD). The property has a MU -DA (Mixed Use with a development agreement) zoning designation and the applicant is requesting a development agreement modification to utilize the existing development agreement in lieu of a PUD pursuant to Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On -site Septic System (yes or no) — Unknown The original dwelling (removed) was served by a septic system located on the property. It is unknown if the septic system was properly abandoned. The applicant will be required to provide confirmation from Central District Health Department indicating if the septic system was abandoned. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the Ballentyne Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: Eagle City Code Section 9 -3 -8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site has mature trees centrally located on the site located approximately 200 -feet of the terminus of West Flint Drive. 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. STREET DESIGN: Private or Public Streets: The applicant is proposing to extend North Fisher Park Way to West Flint Drive and construct private streets internal to the development. The preliminary plat, date stamped by the City on July 30, 2015, shows the North Fisher Park Way road section consisting of a fifty -foot (50') wide right - of -way inclusive of a forty-foot (40') wide roadway section (as measured from back of curb to back of curb), six -inch (6 ") high vertical curbing, and an attached five -foot (5') wide sidewalk located on the east side of the road. The sidewalk located on the west side of the road is already existing. The applicant is proposing to construct private streets internally located within the development. The private street section shows a varied width road section inclusive of a twenty -six foot (26') wide roadway section (as measured from back of curb to back of curb) with rolled curb and gutter. The private street section also shows a five -foot (5') wide attached sidewalk located on each side of the street. Page 5 of 33 KAPlanning Dept\Eagle Applications \SUBS\2015 \Crossley Park Sub ccf post mediation doc Applicant's Justification for Private Streets: See applicant's justification letter, date stamped by the City on May 15, 2015 (attached to the staff report). Blocks Less Than 500': None Cul -de -sac Design: No cul -de -sacs are proposed. Sidewalks: The applicant is proposing five -foot (5') wide detached sidewalks to be located adjacent to North Fisher Park Way and an attached five -foot (5') wide concrete sidewalk is proposed on each side of the private street. Curbs and Gutters: Six -inch (6 ") vertical curbing is proposed on both sides of North Fisher Park Way and rolled curb and gutter are proposed for the interior private streets. Lighting: Lighting for the proposed private streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Naming Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF -SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: See "Open Space and Sidewalks" above. Bike Paths: Eagle City Code section 9 -4 -1 -7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right -of -way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON -SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — Centrally located on -site between 200 -300 feet east of West Flint Drive. Riparian Vegetation — No Steep Slopes —No Stream/Creek — No Unique Animal Life —No Unique Plant Life — No Unstable Soils —No Wildlife Habitat — No Page 6 of 33 KAPlanning Dept\Eagle ApplicationASUBM201 ACrossley Park Sub cdpost mediation.doc O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated April 16, 2015, are of special concern (attached to the staff report). Ada County Highway District Ballentyne Ditch Company Ballentyne West Lateral Users Association Central District Health Eagle Fire Department Republic Services Tesoro Logistics (formerly known as Chevron Pipe Line) Q. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Tom Ricks dated April 6, 2015 R. IDAHO CODE 67 -6510 MEDIATION — TIME LIMITATIONS TOLLED: (1) The procedure established for the processing of applications by this chapter or by local ordinance shall include the option of mediation upon the written request of the applicant, an affected person, the zoning or planning and zoning commission or the governing board. Mediation may occur at any point during the decision - making process or after a final decision has been made. If mediation occurs after a final decision, any resolution of differences through mediation must be the subject of another public hearing before the decision - making body. (2) The applicant and any other affected persons objecting to the application shall participate in at least one (1) mediation session if mediation is requested by the commission or the governing board. The governing board shall select and pay the expense of the mediator for the first meeting among the interested parties. Compensation of the mediator shall be determined among the parties at the outset of any mediation undertaking. An applicant may decline to participate in mediation requested by an affected person, and an affected person may decline to participate in mediation requested by the applicant, except that the parties shall participate in at least one (1) mediation session if directed to do so by the governing board. (3) During mediation, any time limitation relevant to the application shall be tolled. Such tolling shall cease when the applicant or any other affected person, after having participated in at least one (1) mediation session, states in writing that no further participation is desired and notifies the other parties, or upon notice of a request to mediate wherein no mediation session is scheduled for twenty -eight (28) days from the date of such request. (4) The mediation process may be undertaken pursuant to the general limitations established by this section or pursuant to local ordinance provisions not in conflict herewith. (5) The mediation process shall not be part of the official record regarding the application. Page 7 of 33 K:\Planning Dept\Eagle ApplicationASUBS\2015 \Crossley Park Sub cdpost mediation.doc 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 February 10, 2015), designates this site as the following: Transitional Residential Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. Chapter 6 — Land Use 6.8.1 Park Lane Planning Area The Park Lane Planning Area is designated as mixed use combining community commercial, professional office, and a variety of residential densities. The vision for the area is to recognize the activity center created by Eagle High School and existing development approved by Ada County and to provide compatible land uses at densities that accommodate pedestrian scale design and future mass transit. A. Uses The land use and development policies specific to the Park Lane Planning Area include the following (reads in part): 3. Flint Drive shall be preserved primarily as a residential street while properties abutting State Street should include a mix of residential uses, commercial uses limited to lease spaces no larger than 30,000 square feet and office uses that promote trip capturing. The properties abutting State Street shall be reviewed and conditioned by the City through the use of a development agreement at the time of rezone. 5. The land use for the properties north of Flint Estates and extending to Floating Feather Road is Transitional Residential to ensure compatible residential lot sizing adjacent to the Colony Subdivision. Extending east to west, ensuring compatibility with the 1 acre lots in the Colony Subdivision, densities in the area will increase to a maximum of 3 units per acre near the high school. B. Design 1. Flint Estates Area: a. The Flint Estates area adjacent to State Highway 44 should be designed to provide commercial uses that encourage pedestrian circulation from the residential and high school areas, and to complement the existing mixed use areas at State Street and Park Lane (Camille Beckman) and planned new residential uses adjacent to the north. g. Transitional residential densities and design elements (berms, fences, etc.) should be used to provide buffering to residential areas to the east and north of the mixed use area. Page 8 of 33 KAPlanning Dept\Fagle ApplicationASUBS\2015Trossley Park Sub edpost mediation.doe B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8 -2 -1: Districts Established: 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 lot split 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. Zoning Maximum Front Rear Interior Street Maximum Lot Minimum Lot Area (Acres Or Minimum District Height Side Side Covered Sq. Ft.) G And H* Lot Width I* R -5 17,000 70' 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) Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 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: 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 (3 5') 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. Page 9 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2015SCrossley Park Sub ccf post mediation.doc 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 -5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8 -2 -4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10 %) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20 %), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and 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- 10 -1(G): Modification of a Development Agreement: Modification Of Development Agreement: A development agreement may be modified by the city council only after complying with the notice and public hearing provisions of section 67- 6509 of the Idaho Code. Page 10 of 33 KAPlanning Dept\Eagle ApplicationASUBS\201ACrossley Park Sub cdpost mediation.doc C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9 -3 -2: Streets and Alleys: o Section 9- 3 -2 -1: Location and Design: Streets and road location and design shall conform to the following standards: I. Private Streets: Private streets that provide access to no more than ten percent (10 %) of the lots may be permitted within planned unit developments provided that the standards within section 9 -3 -2 -5 of this chapter are met. • Eagle City Code, Section 9- 3 -2 -5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (10 %) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. The private streets do not landlock adjacent property due to topography or parcel layout. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be Page 11 of 33 KAPlanning Dept\Eagle ApplicationASUBS\201 SCrossley Park Sub cdpost mediation.doc placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9- 4 -1 -6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul -de -sac designed in accordance with the provisions of subsection 9 -3 -2 -1 G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and Page 12 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2015 \Crossley Park Sub edpost mediation.doc maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners' /property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. • Eagle City Code Section, 9 -3 -5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8 -2 -4 of this code, except that lot sizes that vary from the standards within section 8 -2 -4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9 -3 -6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12% except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Page 13 of 33 KAPlanning Dept\Eagle Applications\SUBS\2015 \Crossley Park Sub cd'post mediation.doc B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9 -3 -7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8 -2A -7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall comply with all landscape/buffer area requirements within section 8 -2A -7 of this code. • Eagle City Code Section 9 -3 -8 (B) Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. • Eagle City Code, Section 9- 4 -1 -6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. Sidewalks shall be separated from the edge of the abutting roadway and /or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8 -2A -7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. 5. If sidewalk is required on one side of each street only (as provided for in subsection F1 of this section), then the trees on the side of the street with no sidewalk shall be placed within five feet (5') of the edge of roadway. • Eagle City Code, Section 9- 4 -1 -9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the Page 14 of 33 KAPlanning Dept\Eagle Applications \SUBS\2015 \Crossley Park Sub cdpost mediation.doc city council. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25 %) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5 %) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two (2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31 -3805 is still required. 4. Requests for waivers shall be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and/or a delivery system are not available to the property. Page 15 of 33 KAPlanning Dept\Eagle Applications \SUBS\2015 \Crossley Park Sub edpost mediation.doc 4. What beneficial or detrimental effect would the development have on the environment including, but not limited to, animal life, plant life, social concerns, economic, noise, visual, available farmland and other? • Eagle City Code Section 9- 4 -1 -12 Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8 -2A -7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways /expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: See Staff Recommendation for Development Agreement Modification (Page 5 of the staff report). E. DISCUSSION: The Eagle Comprehensive Plan Land Use Map designates the property as Transitional Residential. The applicant has submitted a development agreement modification and a preliminary plat application for Crossley Park Subdivision, which consists of 6.77 - acres. The applicant is proposing a 33 -lot (28- buildable, 5- common [inclusive of a private street]) single - family residential subdivision. The proposed homes will consist of twenty four (24) attached units (twelve [12] buildings) and four (4) single - family units located on twenty eight (28) residential lots. The proposed density of the development is 4.13 - dwelling units per acre. The proposed development provides building lots ranging in size from 3,995- square feet to 13,822 - square feet in size. The property was previously zoned R -3 -DA (Residential with a development agreement) because the previous applicant received approval for a single - family residential development. The applicant was requesting a rezone and modification of the development agreement and is utilizing the development agreement in lieu of a planned unit development. Based on the concerns of the adjacent neighbors the applicant was required to participate in mediation to address their concerns. Mediation was conducted and it was agreed upon that the applicant would reduce the number of residential lots located adjacent to the Colony Subdivision, rezone the property to R- 4 -DA -P (Residential with a development agreement — PUD). The applicant is proposing 2.4 -acres (1.49 -acres landscape and pedestrian pathways and 0.91 -acres private street) of common area. The subject site is located within the Park Lane Planning Area sub -area as identified in the Comprehensive Plan. The Park Lane Planning Area identifies this area should contain transitional residential densities and design elements (berms, fences, etc.) and should be used to provide buffering to residential areas to the east and north of the mixed use area. The preliminary plat, date stamped by the City on July 30, 2015, identifies a common lot located adjacent to Colony Subdivision. The preliminary plat shows four (4) residential lots with the rear property line located towards the Colony Subdivision. The applicant's narrative, date stamped by the City on March 19, 2015, indicates that the homes anticipated to be constructed within the development will be between 1,500 -1,800 square feet in size and will be a single - story. Based on the proposed square footage of the homes, the maximum size of the dwelling containing two (2) units would be approximately 3,600 - square feet in size. The proposed development will be providing a buffer between the homes located within the Colony Subdivision and a buffer area located adjacent to the commercial area associated with Arts West Subdivision. Page 3 of 5 of the preliminary plat contains a reference shown under "Existing and/or Proposed Zoning and Setback Information" indicates that "All lots shall be Page 16 of 33 KAPlanning Dept\Eagle Applications \SUBS\2015 \Crossley Park Sub cdpost mediation.doc restricted to single story construction." In regard to the applicant's narrative indicating the proposed size of homes and height, a condition of development should be placed in the development agreement limiting all the homes within the development to single -story in height. The Ada County Highway District approval report, date stamped by the City on April 24, 2015, indicates that North Fisher Park Way is a collector. The preliminary plat, date stamped by the City on July 30, 2015, shows portions of Lot 1, 10, and 24, Block 1, not being thirty- five feet (35') in width located adjacent to North Fisher Park Way. Pursuant to Eagle City Code, Section 8- 2A- 7(J)(4)(a), new residential developments located adjacent to a collector are required to have a minimum thirty-five foot (35') wide buffer area with a minimum five to eight foot (5' to 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 applicant should provide a revised preliminary plat showing the area of Lot 1, Block 1, located adjacent to North Fisher Park Way to be a minimum of thirty-five feet in width to allow for the required buffer area to be constructed. The revised preliminary plat should be provided prior to submittal of a final plat application. • Pursuant to Eagle City Code, Section 9 -3 -5, lots within any subdivision shall comply in all respects with the "Official Height and Area Regulations" as set forth in Section 8 -2 -4. The applicant is requesting a MU -DA (Mixed Use with a development agreement [development agreement in lieu of a PUD]) zoning designation. The required setbacks within the MU (Mixed Use) zone are as follows: Front 20 -feet Rear 20 -feet Side 7.5' Maximum Coverage 50% The applicant is proposing attached units (duplex) to be located on lots separating each unit. Since the units will be attached on one (1) side the applicant is requesting a "zero" side yard setback to facilitate the attached units. Also, the applicant has previously indicated the homes are proposed to be no larger than 1,800- square feet in size. As shown on the page 3 of 5 of the preliminary plat, date stamped by the City on May 7, 2015, the applicant is requesting the following setbacks: Front 20 -feet Rear 15 -feet Side (attached) 0 -feet Side (unattached) 5 -feet Staff recommends the following setbacks as measured from the property line: Front 20 -feet Rear 15 -feet Side (attached) 0 -feet Side (unattached) 5 -feet Maximum Coverage 50% • The preliminary plat, date stamped by the City on July 30, 2015, does not provide a plat note regarding building setbacks. The applicant should be required to provide a revised preliminary plat with a plat note that reads, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved." The revised preliminary plat should be provided prior to the City Page 17 of 33 KAPlanning Dept\Eagle ApplicationASUBS\201 ACrossley Park Sub cdpost mediation.doc Clerk signing the final plat. The preliminary plat, date stamped by the City on March 19, 2015, does not contain a plat note referencing the development agreement associated with the rezone (application #RZ -28 -06 MOD) of the property. Since the development agreement is being utilized in lieu of a planned unit development the applicant should provide a revised preliminary plat which includes a new plat note stating, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ -28 -06 MOD and subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. The site previously had a residential dwelling located on the lot which was served by an individual well and septic system. It is unknown if either the individual well or septic system were ever abandon. The applicant should be required to provide documentation from Central District Health Department indicating the individual well and septic system previously located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. The preliminary plat, date stamped by the City on July 30, 2015, notes and shows the subdivision will be served by one (1) way private streets. The Eagle Fire Department provided correspondence, date stamped by the City on April 15, 2015, which indicated that although the proposed private street is in conformance with the required street width the department has concerns in regard to no parking on the private streets (based on width) since the Ada County Sheriffs Office/Eagle Police Department will not be able to enforce the no parking requirement. The fire department recommended that the street be made public or be increased in width of the private street to thirty-two feet (32') to allow parking on both sides of the road and still allow emergency vehicle access. Pursuant to Eagle City Code Section 9- 3- 2 -5(A), private streets may provide access to no more than 10- percent (10 %) of the lots within a planned unit development provided the Council determines that the private streets are in compliance with specific standards. Those standards include safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking, private streets do not adversely affect access to adjacent property and to the area travel networks, private streets do not land lock adjacent property, the private streets do not connect one public street to another, and the alignment of the private streets does not interfere with the continuity of public streets. Staff will defer to the Commission and Council regarding the approval of this request. Should the Council approve the development with private streets, the applicant should provide a revised preliminary plat which contains a plat note that: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on July 30, 2015, shows the private streets to be gated at the ingress and egress points connecting to North Fisher Park Way. The correspondence provided by Eagle Fire Department, date stamped by the City on April 15, 2015, does not address the gated area of the private streets. In the event gated private streets are approved the applicant should be required to provide correspondence from the Eagle Fire Department approving the location and style of the private street gates prior to the City Clerk signing the final plat. Page 18 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2015Trossley Park Sub odpost mediation.doc • The Ballentyne Ditch Company and Ballentyne West Lateral Users Association both provided correspondence in regard to their respective irrigation facilities located on the subject property. The applicant should be required to comply with both entities requests for improvements to their respective facilities. The preliminary engineering plan, date stamped by the City on May 7, 2015, shows a typical 21 -foot wide street section (measured from back of curb to back of curb) with rolled curb and gutter. Pursuant to Eagle City Code, Section 9- 3- 2- 5(B)(2), vertical curbing is required for streets less than 34 -feet in width. Should the private streets be approved the applicant should provide a revised preliminary engineering plan containing a typical street section showing the private streets to be bordered by vertical curbing prior to submittal of a final plat application. The preliminary plat, date stamped by the City on May 7, 2015, shows the road section for North Fisher Park Way with an attached five -foot (5') wide sidewalk located on the east side of the road. Pursuant to Eagle City Code Section 9- 4- 1- 6(F)(3) sidewalks are required to be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The applicant should be required to provide a revised preliminary plat with the road section for North Fisher Park Way showing the sidewalks to be separated from the back of curb by a minimum eight foot (8') wide landscape strip. The revised preliminary plat should be provided prior to submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT (prior to mediation): Based upon the information provided to date, staff recommends approval of the requested development agreement modification, development agreement in lieu of a PUD, and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 18, 2015, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of 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 five (5) individuals who indicated: • The proposed density is too high for the area due to the size of the lots and density within The Colony Subdivision located east of the subject property. • Due to the smaller lots and two - family dwellings located adjacent to The Colony Subdivision the homes located within The Colony Subdivision may be reduced in value. • The proposed development does not provide a good transition of lot sizes in proximity to The Colony Subdivision located east of the subject property. • The applicant lacks vision for the area and the proposed change in transition is too abrupt. • The proposed development will increase the traffic in the area. • The turning radius of the proposed private streets is not adequate. • The applicant should only be permitted to have single - family dwellings within the development. • One (1) of the individuals indicated the site posting signs were hidden and there was a lack of notification of the adjacent neighbors. • Concerned by location of the pressurized irrigation pump house and the noise that would be generated from the pump house. Page 19 of 33 KAPlanning DeptTagle ApplicationASUBS\201 RCrossley Park Sub cdpost mediation.doc D. Oral testimony neither in opposition nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who indicated they are happy the applicant is willing to follow the recommendations of the Ballantyne Ditch Lateral User's Association regarding tiling the lateral located on the property. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The proposed development provides a good transition between the residential development located to the east and the commercial development located to the south and west of the proposed development. • With appropriate landscaping the transition between uses will be fine. • One (1) Commissioner has a concern regarding the transition between the proposed two - family dwelling units and the single - family residential one (1) acre lots to the east. • Will need to ensure that an adequate funding mechanism is in place for the operation and maintenance of the proposed private streets. • Providing a transition between a subdivision with one (1) acre lots and a commercial subdivision is difficult. • The subdivision should be relatively quiet since the proposed style of development will attract retired individuals due to the size of the lots, gated community, and the higher HOA dues to maintain the amenities. COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION AND DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of RZ -28 -06 MOD for a development agreement modification and development agreement in lieu of a PUD for Crossley Park Subdivision for Greg Hall, with conditions of development as provided within their findings of fact and conclusions of law document, dated June 1, 2015. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of PP -02 -15 for a preliminary plat for Crossley Park Subdivision for Greg Hall, with the site specific and standard conditions of approval provided within their findings of fact and conclusions of law document, dated June 1, 2015. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the City Council on June 23, 2015, at which time testimony was taken. B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (not including the applicant/ representative) who indicated the proposed development is an appropriate use of the site and will be compatible with the adjacent uses. The individual also indicated the West Ada School District would support the application because North Fisher Park Way is being extended to West Flint Drive, therefore, eliminated the traffic cutting through the school parking lot. C. Oral testimony in opposition to the application was presented to the City Council by seven (7) individuals who were opposed to the applications for the following reasons: • The proposed development does not provide a transition to the existing large lots located within The Colony Subdivision. • Single - family attached homes do not transition to single - family detached homes located on large lots. • The proposed development does not provide sufficient room for public streets. • The proposed single - family attached homes may become rentals. Page 20 of 33 KAPlanning Dept\Eagle ApplicationASUBS\201MCrossley Park Sub od'post mediation.doc • The proposed development is not compatible with the city's vision for the area. • Approval of the project will set a precedence for future development in the area. • The proposed private street is a one -way street. • A "No Parking" requirement for the internal street cannot be enforced due to being a private street. • Private streets are problematic for fire apparatus. • The Eagle Fire Department recommended the private street be 32 -feet in width and the proposed private street is to narrow. • The development should contain single - family detached homes and not duplexes. • The current zoning designation of R -3 -DA should be maintained. • The proposed development will attract police and emergency vehicle activity. • The lots located adjacent to eastern boundary should be a minimum of one (1) acre in size to provide a transition to the lots located within The Colony Subdivision. • The density should not be increased from the previous approval. • How will a 55 and over requirement be enforced. • The homeowner's association for the new development will not be able to enforce the requirements. MEDIATION: The Council pursuant to Idaho Code 67 -6510, remanded the applications to staff for mediation. Staff, Mayor, and the Council representative were directed to mediate with the applicant and other affected parties to address the concerns of the affected parties and those expressed by the Council in regard to density and providing a transition to the adjacent properties. They were also directed to bring the potential changes back for Council consideration at a future date. A mediation session was conducted on July 14, 2015. Upon completion of the mediation session an agreement was reached and the following recommendations were provided: 1) Move the application forward as a planned unit development 2) rezone the property from R -3 -DA (Residential with a development agreement) to R- 4 -DA -P (Residential with a development agreement — PUD) instead of the MU -DA (Mixed Use with a development agreement in lieu of a PUD), 3) reduce the number of lots located adjacent to The Colony Subdivision, 4) require the lots located adjacent to The Colony Subdivision to have open style fencing, 5) remove the pedestrian pathway located in proximity to the eastern boundary, and 5) provide a revised layout. STAFF RECOMMENDATION PROVIDED WITHIN THE AMENDED STAFF REPORT: An amended staff report was issued on the revised preliminary plat, date stamped by the City on July 30, 2015, following mediation. Staff recommends approval of the development agreement modification, conditional use permit, preliminary development plan, and preliminary plat with the conditions of development to be placed in an amended and restated development agreement and the site specific conditions of approval and standard conditions of approval provided within the amended staff report. POST MEDIATION PUBLIC HEARING OF THE COUNCIL: A. Following mediation a public hearing on the applications was held before the City Council on August 11, 2015, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony neither in favor of nor in opposition to this proposal was presented to the City Council by one (1) individual who participated in the mediation process and indicated that even though they did not achieve everything they wanted, however, they were thankful they came away with an agreement they can accept. The individual also requested that the Council thoughtfully consider the Page 21 of 33 KAPlanning DeptTagle ApplicationASUBS\201 ACrossley Park Sub cdpost mediation.doc homeowner's concerns in these types of situations in the future. C. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the applicants /representative). D. Oral testimony in opposition of this proposal was presented by no one. POST MEDIATION COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION: The Council voted 4 to 0 to approve RZ -28 -06 MOD for a modification to the development agreement to rezone the property from R -3 -DA (Residential with a development agreement) to R- 5 -DA -P (Residential with a development agreement -PUD) (instead of R- 4 -DA -P, based upon the proposed density) for Greg Hall, with the following staff recommended conditions of development to be placed within a development agreement modification: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding design review, preliminary and final plat reviews, condominium plat reviews and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries. The applicant shall also provide documentation from Eagle Sewer District approving the final construction plans prior to submittal of the final plat application. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Division of Environmental Quality, and/or Central District Health, that the installed system is approved prior to issuance of any building permits. 3.4 As provided by the applicant, the architecture as shown on Exhibit "D" shall be the required architecture standard for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC &R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC &R's, and shall be reviewed and approved by the City attorney prior to the approval of a condominium plat or issuance of a zoning certificate, whichever occurs first. The submittal of a building permit application to the City for all buildings within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. 3.5 The owner shall submit a Design Review application for the site (as required by Eagle City Code) and shall comply with all conditions required by the City of Eagle as a part of the Design Review prior to submittal of a final plat application. Page 22 of 33 KAPlanning DeptNEagle ApplicationASUBS\201STrossley Park Sub cdpost mediation.doc 3.6 The conditions, covenants, and restrictions for the Property shall contain at least the following: (a) Provide that the association(s) shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (b) A maintenance manual for the private streets requiring the association(s) shall have the duty to maintain and operate all of the private streets including the repair and replacement of asphalt and sidewalks, in perpetuity. (c) A requirement that no parking is allowed on the private streets and a mechanism for the enforcement of the no parking requirement. (d) A requirement that in the event any of the CC &R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &R's 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 &R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.7 The Concept Plan shows the locations for all buildings within the development. The Setbacks shall be as follows: Front 20 -feet Rear 15 -feet Side (attached) 0 -feet Side (unattached) 5 -feet Maximum Coverage 50% All residential homes shall be single -story (as shown on Exhibit "D "). 3.8 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of a Design review application. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.9 Owner shall comply with all requirements of the Ballentyne Ditch Company as outlined in the provided correspondence, date stamped by the City on April 6, 2015. 3.10 Owner shall provide a License Agreement from Ballentyne Ditch Company for all improvements within their easement area prior to the City Clerk signing the final plat. 3.11 Owner shall tile the Ballentyne West Lateral Users Association ditch (located adjacent to the southern boundary) with a twenty -four inch (24 ") pipe prior to the City Clerk signing the final plat. POST MEDIATION COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU- 08- 15/PPUD- 03- 15/PP -02 -15 for Crossley Park Planned Unit Development for Greg Hall with the following staff recommended site specific condition of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ -28 -06 MOD. 2. Comply with all requirements of the City Engineer. Page 23 of 33 KAPlanning DeptTagle ApplicationASUBS\2015 \Crossley Park Sub cdpost mediation.doc 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. Provide a revised preliminary plat which includes a new plat note stating, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ -28 -06 MOD and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8 -2 -1) Provide a revised preliminary plat showing the area of Lot 1, Block 1, located adjacent to North Fisher Park Way to be a minimum of thiFty five feet (352` twen ty feet 20') in width for buffering. The required trees, shrubs, and berming requirements contained within this buffer area shall be modified as approved by the Design Review Board to be compatible with the smaller buffer area. width to allow for- the required a _ . The revised preliminary plat shall be provided prior to submittal of a final plat application (ECC 8-2A-7 [J] [41 [a]). 6. Provide a revised preliminary plat with the road section for North Fisher Park Way showing the sidewalks to be separated from the back of curb by a minimum eight foot (8') wide landscape strip. The revised preliminary plat shall be provided prior to submittal of a final plat application (ECC 9-4-1 - 6(F)(3). 7. North Fisher Park Way shall be a public street and interior streets shall be private Me applicant shall provide a revised preliminary plat which contains a plat note that a) conveys to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private street, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners' /property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of a final plat application. (ECC 9- 3- 2- 5[C][2]) 8. if the City Geuneil approves the proposed private stfeets the applieant shall Pprovide a revised preliminary plat showing the private streets to be located within a separate common lot. The revised preliminary plat shall be provided to the City prior to submittal of a final plat application. 9. if the City Couneil approves the private stFeets to be gated the appheant shall !!provide correspondence from the Eagle Fire Department approving the location and style of the private street gate(s) prior to the City Clerk signing the final plat. 10. if the Gity Getineil appFeves the pFivate stfeets "No Parking" signs shall be erected on both sides of the private street prior to the issuance of any building permits for residential dwellings. 11. Provide a revised preliminary engineering plan containing a typical street section showing the private streets to be bordered by vertical curbing prior to submittal of a final plat application. (ECC 9-2-3 - 5[B][2]) 12. The applicant shall submit a Design Review application with a landscape plan showing the required improvements (berming, landscaping, and sidewalk) within the common lots for review and approval by the Design Review Board prior to the submittal of a final plat application. (ECC 8 -2A -7) 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 behind the attached sidewalk at the front of each lot generally at each side property line, or as approved by the Design Review Board. 5 feet wide eener-ete sidewalk and the 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 Page 24 of 33 K:\Planning DeptTagle ApplicationASUBS\201 S rossley Park Sub edpost mediation.doc installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. (ECC 8 -2A -7) 14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. Provide documentation from Central District Health Department indicating the individual well and septic system previously located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 16. The Crossley Park Subdivision shall remain under the control of one Homeowners Association. (ECC 9 -3 -4 [D][41) 17. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-9[C][11[a] and ECC 9- 3- 8[D][4]) 18. The applicant shall provide CC &Rs indicating 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][I]) NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Page 25 of 33 KAPlanning Dept%aagle ApplicationASUBS\2015Trossley Park Sub cd'post mediation.doc 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, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right -of -way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. Page 26 of 33 KAPlanning Dept\Eagle ApplicationASUBSUO SCrossley Park Sub cdpost mediation.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 final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required ". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. Page 27 of 33 KAPIanning DeptTagle ApplicationASUBS\2015Trossley Park Sub edpost mediation.doc 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 final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98 -3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. Page 28 of 33 UPlanning DeptEagle ApplicationASUBS\2015Wrossley Park Sub edpost mediation.doc 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4 "x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at Big Star Coffee located at 84 North Fisher Park Way, Eagle, at 6:00 PM, Tuesday, February 24, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on March 19, 2015. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 27, 2015. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 22, 2015. Requests for agencies' reviews were transmitted on March 23, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on May 8, 2015. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 8, 2015. Notice of this public hearing was mailed to property owners within 300 -feet of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 3, 2015. The site was posted in accordance with the Eagle City Code on June 11, 2015. Post Mediation: Due to the application being remanded the application was re- noticed. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 27, 2015. Notice of this public hearing was mailed to property owners within 300 -feet of the leased area in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 23, 2015. The site was posted in accordance with the Eagle City Code on July 31, 2015. The Council reviewed the particular facts and circumstances of this proposed development agreement modification for a rezone (RZ -28 -06 MOD) with regard to Eagle City Code Section 8 -7 -5 "Action by the Commission and Council ", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of R- 5 -DA -P (Residential with a development agreement — PUD) is consistent with the Transitional Residential designation as shown on the Comprehensive Plan Land Use Map; and 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; and c. The proposed R- 5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the A -R (Agricultural- Residential) zone and land use to the north since that area may be developed in a similar manner; and Page 29 of 33 KAPlanning DeptTagle ApplicationASUBS\201 STrossley Park Sub edport mediation.doc d. The proposed R- 5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the south since that area is developed with a commercial subdivision and an adequate buffer located between the uses exists; and e. The proposed R- 5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the R -1 (Residential) zone and land use to the east since that area is currently developed with a residential subdivision with less density, and the applicant is required to reduce the number of lots located adjacent to this area and provide a buffer area; and f. The proposed R- 5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the MU -DA (Mixed Use with a Development Agreement) zone and land use to the west since that area is currently developed with a commercial subdivision and the applicant will be required to construct a buffer area located adjacent to the street which is located between the proposed development and the commercial subdivision; and 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. 4. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU- 08- 15/PPUD- 03- 15/PP- 02 -15) 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. The development is proposed to be constructed in a single phase. b. The land is owned by a single owner and the development will be initiated within a year following City Council approval. c. That the proposed development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The intent of Crossley Park Subdivision is to provide a residential project with a unique product, which is a goal of the City of Eagle PUD ordinance; and; d. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The development will be harmonious and appropriate in appearance with the existing development located on the adjacent parcels to the north because that parcel may be developed in a similar manner. The development will be harmonious and appropriate in appearance with the existing development located west and south of the proposed development because these areas are already developed with commercial uses and adequate buffering is constructed or is required to be constructed with this development. The development will be harmonious and appropriate with the existing development located to the east because the applicant is reducing the number of lots and proposing a buffer area located adjacent to the eastern boundary and the residential dwellings will be restricted to a single -story in height; and e. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Crossley Park Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity since the site is being proposed in conformance with the Comprehensive Plan; and Page 30 of 33 KAPlanning Dept Eagle ApplicationASUBS\201 MCrossley Park Sub cdpost mediation.doc f. 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 a residential use and it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Crossley Park Subdivision will be served by North Fisher Park Way; and g. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools because; All central services are either available to the site or will be as conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense; and h. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water, or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses; and L That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; The development plan was designed with consideration given to usable open space and providing a residential product that is unique to Eagle; and j. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from North Fisher Park Way (collector), which provides access to the internal streets of the proposed development. The interior streets will be private and will be constructed in conformance with standards pursuant to Eagle City Code; and k. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; No natural, scenic, or historic features of major importance are known to exist on the site; and That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Transitional Residential and the proposed development provides a transition to the properties located adjacent to the site; and m. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and Page 31 of 33 KAPlanning Dept\Eagle Applications\SUBS\2015 \Crossley Park Sub edpost mediation.doc n. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The proposed development contains a residential use and is similar in design as the surrounding area; and 5. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -02- 15) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of R- 5 -DA -P (Residential with a development agreement — PUD). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Transitional Residential and provides the required improvements for a subdivision or as may be conditioned herein; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because this site will be designed in accordance with the requirements of the proposed development agreement modification, standards of Eagle City Code and the Eagle Architecture and Site Design book (EASD); and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from United Water of Idaho. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and is subject to the conditions herein; and f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; and g. That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. Page 32 of 33 KAPlanning Dept\Eagle ApplicationASUBS\201 ACrossley Park Sub cdpost mediation.doe DATED this 25th day of August, 2015. CITY COUNCIL OF THE CITY OF EAGLE Ajda County, Idaho �� 'c A n"Qfe� is D. Reynolds, y ATTEST: IL 6k,4-.-o — I aa:022- Sharon K. Bergmann, Eagle Ciq Clerk GORPO�G1 9 vA S�9• M %4•a I© iO� Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis Page 33 of 33 K.\Planning DeptTagle ApplicationASUBSUO ACrossley Park Sub ccf post mediation. doe