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Findings - CC - 2021 - A-04-20/CU-02-20/PPUD-01-20/PP-02-20 - Preliminary Development Plans/Stags Crossing Sub BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM RUT ) (RURAL-URBAN TRANSITION—ADA COUNTY ) DESIGNATION) TO R-2-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR STAGS CROSSING SUBDIVISION ) FOR URBAN SOLUTIONS,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20 The above-entitled annexation, rezone with a development agreement, conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their action January 26, 2021, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Urban Solutions, LLC., represented by Steve Hart, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Stags Crossing Subdivision, a 135-lot(113-buildable, 22-common) residential planned unit development. The 68.4-acre site is located on the south side of West Beacon Light Road approximately 2,000-feet west of North Lanewood Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Syringa Subdivision Park(6108 West Braveheart Street), at 6:00 PM, on Wednesday, May 6, 2020 , in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 8, 2020. A revised preliminary plat/PUD,narrative,and irrigation analysis were received by the City on October 13,2020. A revised concept plan was received by the City on November 10,2020. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on May 14, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on Friday, November 20, 2020. Notice of this public hearing was mailed to property owners within 1,500-feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 20, 2020. The site was posted in accordance with the Eagle City Code on November 17,2020. 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 January 8, 2021. Notice of this public hearing was mailed to property owners within 1500-feet of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 8, 2021. The site was posted in accordance with the Eagle City Code on January 15, 2021. Page 1 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Vacant parcels Residential(2 Transition—Ada County units/acre see policy Designation) 6.6.1[AJ[2J[b]) Proposed No Change R-2-DA-P(Residential Single-family residential with a development planned unit development agreement—PUD North of site Large Lot RUT(Rural-Urban Residential, Transition—Ada County Single-family residences Residential Designation), and agriculture Transitional Overlay A-R-DA(Agricultural- Residential with a development agreement) South of site Neighborhood R-2-DA-P(Residential Single-family residential Residential with a development subdivision(Tannenbaum agreement—PUD Subdivision No. 4) East of site Neighborhood RUT(Rural-Urban Vacant parcels and single- Residential family residential Transition—Ada County subdivision(Brookway Designation), Subdivision No. 2) R-2-DA-P(Residential with a development agreement—PUD West of site Neighborhood MU-DA(Mixed Use Vacant parcels Residential with a development agreement), R-2-DA (Residential with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA. Page 2 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf doc H. SITE DATA: Total Acreage of Site—68.4 Total Number of Lots— 135 Residential— 113 Commercial— 0 Industrial— 0 Common—22 Total Number of Units— 113 Single-family— 113 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.65-dwelling units per acre 1.65-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 14,333-square feet* 17,000-square feet Minimum Lot Width 90-feet 75-feet Minimum Street Frontage 41.9-feet 35-feet Total Acreage of Common Area 16.91-acres 13.68-acres Open Space Percent of Site as Common Area 25.02% 20% Open Space Except that,according to ECC Section 9-3-8(C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 50-foot wide landscaped buffer along West Beacon Light Road. The proposed width is in conformance with Eagle-City Code Section 8-2A-7(J)(4). Open Space: A total of 16.91-acres of open space is proposed (inclusive of the planter strips). The required buffer area located adjacent to West Beacon Light Road will be contained within common lots. The remaining open space areas are inclusive of pathways throughout the development, a tot-lot area with benches, a drainage ditch, and common lots located between the streets and side yards of lots located in proximity to the streets. Page 3 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—Yes There are two (2)existing septic systems which served two(2) dwellings located on the property. The septic systems will need to be abandoned during construction of the subdivision. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: The proposed public streets are to be constructed as shown on the street sections contained within the preliminary development plan/preliminary plat, date stamped by the City on May 8,2020. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None Cul-de-sac Design:None Sidewalks: A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both sides of the interior public roadways. The detached sidewalks are proposed to be located within the buildable lots outside of the right-of-way area with the exception of the sidewalks located within the common lots. A detached 5-foot wide concrete sidewalk is proposed within the proposed right-of-way along West Beacon Light Road. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed Page 4 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN CIRCULATION: Pedestrian Walkways: The preliminary plat and preliminary site development plan shows several pathways providing inner connectivity are proposed throughout to be located within common lots throughout the development. L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. City Engineer: All comments within the engineer's letter dated October 19, 2020, are of special concern(attached to the staff report). City of Eagle Water Superintendent: All comments within the City Water Department's memo dated December 1,2020, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent correspondence dated June 22, 2020, are of special concern (attached to the staff report). Ada County Highway District Ballantyne Ditch Company Central District Health Department Communities in Motion 2040 2.0 Development Review(COMPASS) Eagle Fire Department Idaho Department of Environmental Equality Idaho Department of Transportation Ron Sedlacek(2 emails on behalf of New Dry Creek Ditch Company) Page 5 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc Sawtooth Law Offices(on behalf of New Dry Creek Ditch Company) West Ada School District Q. LETTERS FROM THE PUBLIC(attached to the staff report): Brain Kuehne provided email correspondence, dated November 30,2021. R. LETTERS FROM THE PUBLIC (attached to the staff memorandum to the Mayor and City Council,dated January 20,2021): Correspondence received from Karen and Joe Uzzardo, date stamped by the City on January 14, 2021 Correspondence received from Henry Moore, date stamped by the City on January 15, 2021 Sixty-five(65)email correspondences received between January 12-19, 2021. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary development plan/preliminary plat, date stamped by the City on October 13, 2020, shows the subdivision will be constructed in two (2) phases. The applicant provided email correspondence, dated December 1, 2020, which indicated the first phase is proposed for construction during the spring of 2021, and second phase is proposed for construction during the fall of 2021. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. Page 6 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating fifty(50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 6.6.1 Village Planning Area A. The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality, and office uses. Non-residential uses will be focused in the Village Center. 2. Residential Uses should be developed as follows: b. Densities should decrease as distance increases from the village center. The overall densities in the Village Planning Area and in the Neighborhood Residential designation, south of Beacon Light Road, should average 1-2 units per acre. Residential area north of Beacon Light is Large Lot Residential with a Residential Transition Overlay, transitioning (feathering and clustering)to the north and east ensuring compatibility with existing residential and foothills development. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and Page 7 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Note Conditions A To E* Maximum ( Minimum Lot Zoning �— —___- Lot Area Minimum District Maximum Front Rear Interior Street Covered F (Acres Or Square Lot Height Side Side And J* Feet)H* Width I* R-2 35' 30' 30' 10' —r 20' 40% 17,000 75' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7 (J)(4)(b): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: b. Any road designated as a minor arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5)shade trees, eight(8)evergreen trees,three(3)flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. Page 8 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.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. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2: Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles; • Eagle City Code Section 9-3-6: Easements: B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway,then the fence shall include decorative columns spaced a maximum of sixty feet(60')apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units and subdivision common areas shall be provided with a pressurized irrigation system to be served with irrigation water from a surface water right unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. Page 9 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by individual lot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners'association. • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. D. DISCUSSION(based on the preliminary development plan/preliminary plat, date stamped by the City on October 13, 2020): • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line(STL)fee is to be provided at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency Residential Customer (ERC) an ERC is equivalent to each residential buildable lot. The applicant has submitted an email request for waiver to the City of Eagle Water Department, dated January 9, 2020, to delay paying the required STL fee. The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. The preliminary plat STL fees to be paid for the subject subdivision is based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 113- lots, the total STL fee required for the subdivision is $237,300.00. The STL fee required at the time of preliminary plat is $112,717.16. The applicant received approval from the City of Eagle Water Department(of the waiver request) on December 1, 2020. The applicant should be required to pay the required $112,117.50 with the remaining portion of the $237,300.00 to be paid at the rate of($2,100.00 minus $997.50 [Preliminary Plat Fee per lot])x Lots in Final Plat or $1,102.50 x Lots in Final Plat at the time of submittal of final development plan and final plat applications. • The applicant provided a "Proposed Exterior Fencing Stags Crossing Subdivision" date stamped by the City on May 8,2020,which identifies the locations of two(2)proposed styles of fencing within the development consisting of 6-foot tall, solid fencing(vinyl)or 5-foot tall, open fencing (black metal). The fencing plan shows the 6-foot tall, solid fencing (vinyl) located adjacent to common areas within certain areas of the development. Pursuant to Eagle City Code Section 9-3-10, Fences, any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or Page 10 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccfdoc other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7(J) of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. Any fencing located adjacent to common area open spaces and on the street side of all corner lots should be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A- 7(J). The applicant should be required to provide a revised "Proposed Exterior Fencing Stags Crossing Subdivision" exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-04-20). • The preliminary development plan/preliminary plat does not delineate the locations of the stormwater facilities. Pursuant to Eagle City Code Section 9-3-2(C)(3)(m) the preliminary plat is to show stormwater utilities. Also, pursuant to Eagle City Code Section 8-2A-7(M), within residential developments one shade class (class II) tree is required to be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees are to be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. In the event the stormwater facilities are located within the landscape strip area, trees will be prohibited to be planted at these locations. To prevent this from occurring, the applicant should be required to provide a revised preliminary development plan/preliminary plat showing subsurface stormwater facilities to be located outside of the required landscape strip areas. The revised preliminary development plan/preliminary plat should also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary development plan/preliminary plat should be provided prior to submittal of design review application. • The applicant is proposing the following setbacks: Front 30-feet Rear 30-feet Interior Side 10-feet Street Side None proposed The applicant is requesting a R-2-DA-P (Residential with a development agreement— PUD) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2(Residential)zoning designations: Front 30-feet Rear 30-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R-2 zoning district. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat, date stamped by the City on October 13, 2020, shows a typical street section for the interior streets with 1-foot of the 8-foot wide planter strip and the five foot(5') wide detached sidewalk being located within the property. Pursuant to Eagle City Code Page 11 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccfdoc Section 8-2-4(G) all front load garages shall be back a minimum of 25-feet from the back of sidewalk. Since the back of sidewalk encroaches 6-feet into the property the area between the front of the garage and the back of sidewalk would be 24-feet in width based on a 30-foot front setback. Also, the applicant is not proposing a street side setback associated with the corner lots. It is staff's opinion that based on the location of the detached sidewalk and the corner lots being located adjacent to the street, the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 31-feet(front load garage) 25-feet(side entry garage) Rear 30-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note #3 of the preliminary development plan/preliminary plat states, "Pressure irrigation will be provided to each lot. This project has water rights from New Dry Creek Ditch Company and Farmers Union Canal Ditch Company." The plat note does not reference who is responsible for the operation and maintenance of pressurized irrigation system. Pursuant to Eagle City Code Section 9-4-1-9(C)(1) the requirements provided within the City adopted supplemental "Pressure Irrigation Standards." Based on the adopted pressure irrigation standards the entire pressure distribution system is to be owned and maintained by a homeowners association. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #3 revised to state,"Pressure irrigation will be provided to each lot. This project has water rights from New Dry Creek Ditch Company and Farmers Union Canal Ditch Company. The pressurized irrigation system shall be owned and maintained by the homeowner's association." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #8 of preliminary development plan/preliminary plat states, "Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities, irrigation and lot drainage over the five(5)feet adjacent to side lot lines." Pursuant to Eagle City Code Section 9-3-6, unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines. The total easement width is not to be less than 12-feet, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. The proposed side setbacks within the subdivision will be 10-feet; therefore, the side lot line easement on each lot should be a minimum of 6-feet in width for a total of 12-feet. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #8 revised to state, "Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities, irrigation and lot drainage over the six (6) feet adjacent to side lot lines." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat shows the location of the proposed streetlights within the development. Common Lot 1, Block 10 and common Lot 4, Block 11 contain a pathway which intersects with West Centerline Street. Also, common Lot 4, Block 11 and common Lot 5, Block 12 contain a pathway that intersects with West Estuary Street. There is no streetlight shown at the intersection of the pathway and the respective streets. The Page 12 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc applicant should be required to provide a revised preliminary development plan/preliminary plat showing a streetlight located at the intersections of common Lot 1, Block 10 and common Lot 4, Block 11 with West Centerline Street and common Lot 4, Block 11 and common Lot 5, Block 12 with West Estuary Street. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on December 7, 2020, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by four(4) individuals(not including the applicant/representative)who indicated the following: • They support the proposed density of under two dwelling units per acre. • They support leaving the canal (located in proximity to the western property line) open and natural. • They support the open space layout and the proposed building setbacks. • A concern with the timing of the re-routing of the irrigation ditches which provide irrigation to the adjacent subdivisions. • A concern with heavy truck traffic traveling through the adjacent subdivisions during the construction of the proposed subdivision. They also requested that the heavy truck traffic utilize West Beacon Light Road for access to the site. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The proposed density is similar to the adjacent subdivisions. • There is not an alternative to re-route heavy truck traffic since the first phase of the development needs to access the existing infrastructure located at the southern property line of the proposed development. • The applicant should be required to comply with the staff recommended setbacks. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-04-20 and RZ-04-20 for an annexation and rezone from RUT (Rural-Urban Transition—Ada County designation)to R-2-DA-P for Urban Solutions, LLC, with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated January 4,2021. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of CU-02-20/PPUD-01-20/PP-02-20 for Stags Crossing Subdivision for Urban Solutions,LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated January 4,2021. Page 13 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on January 26, 2021, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by four(4) individuals (not including the applicant/representative), however, while in support of the project the following concerns were expressed: 1) the negative impacts of heavy construction traffic on surrounding neighborhoods, 2) route and direct construction traffic access to the site through Beacon Light Road and not through surrounding subdivisions, 3) maintain appropriate delivery of irrigation water to Syringa Subdivision,4)the use of pathways along irrigation canals(prefer the use of fencing between the canal and the pathway), and 5) the proximity of the pathway to the canal (need to maintain sufficient space for canal/ditch company/irrigation district for maintenance access). C. Oral testimony in opposition to the applications was presented to the Council by no one. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-04-20 and RZ-04-20 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-2-DA-P for Urban Solutions, LLC, with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement with underline text to be added by the Council and strike through text to be deleted by the Council. 3.1 The maximum density for the Property shall be 1.65 dwelling units per acre (113-single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit C), the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or Page 14 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf doc ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. 3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.9 Owner shall comply with all pathway requirements as ' "provided within the PPRC recommendation memorandum dated, January 26, 2021, however, all micro pathways shall be a minimum of eight feet (8') wide. All pathways shall be constructed prior to the City Clerk signing the first final plat. 3.10 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. Page 15 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccfdoc COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU-02-20/PPUD-01-20/PP-02-20 for Stags Crossing Subdivision (Exhibit "A") for Urban Solutions, LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-04-20. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The applicant should be required to pay the required $112,717.50 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final development plan and final plat applications. (Resolution No. 08-09) 5. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 6. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). 7. Provide a revised "Proposed Exterior Fencing Stags Crossing Subdivision" exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots and between the Dry Creek Canal and the adjacent pathway prior to execution of the development agreement associated with the rezone(RZ-04-20). 8. Provide a revised preliminary development plan/preliminary plat showing all subsurface stormwater facilities to be located outside of the required street side landscape strip areas. The revised preliminary development plan/preliminary plat shall also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of design review application. Page 16 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 9. The required setbacks shall be as follows: Front 31-feet(front load garage) 25-feet(side entry garage) Rear 30-feet Interior Side 10-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 10. Provide a revised preliminary development plan/preliminary plat with plat note #3 revised to state, "Pressure irrigation will be provided to each lot. This project has water rights from New Dry Creek Ditch Company and Farmers Union Canal Ditch Company. The pressurized irrigation system shall be owned and maintained by the homeowner's association." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 11. Provide a revised preliminary development plan/preliminary plat with plat note #8 revised to state, "Unless otherwise designated or dimensioned there shall be a permanent easement for public utilities, irrigation and lot drainage over the six (6) feet adjacent to side lot lines." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary development plan/preliminary plat showing a streetlight located at the intersections of common Lot 1, Block 10 and common Lot 4, Block 11 with West Centerline Street and common lot 4, Block 11 and common lot 5, Block 12 with West Estuary Street. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 13. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. 14. The Stags Crossing Subdivision shall remain under the control of one Homeowners Association. 15. 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. 16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 17. The applicant shall submit a construction access control plan showing the proposed access alternatives for all heavy haul construction traffic. The plan shall depict the timeframe/duration/hours of operation/proposed route(s)/directional signage/public notification process for the heavy haul truck traffic proposed to utilize the public streets within the surrounding subdivisions. The construction access control plan shall be reviewed and approved by the City Council with the first final plat application. 18. The applicant shall provide a copy of the executed Idaho Transportation Department Mitigation Agreement to the City prior to the City Clerk signing the first final plat. 19. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Stags Crossing_Subdivision, including a conversation easement for the area located in the southwest portion of the site (adjacent to the Dry Creek Canal) prior to the City Clerk signing the first final plat. Page 17 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf doc NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20- 8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. 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. Page 18 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. 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. Page 19 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 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 Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements(if applicable) shall be approved by the Eagle City Parks, Pathways, and Recreation Commission and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 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. Page 20 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer,and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-20/RZ-04-20) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-2-DA-P (Residential with a development agreement — PUD) is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land Use Map since the density, as conditioned herein, is in conformance with the allowed density as identified within the comprehensive plan; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT (Rural-Urban Transition — Ada County Designation) and A-R-DA (Agricultural-Residential with a development agreement) zones and land use to the north since that area is designated Large Lot Residential and Residential Transitional Overlay in the Page 21 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccfdoc Comprehensive Plan and the subject property will be buffered from the properties located to the north by a landscaped buffer berm and separated from those uses by West Beacon Light Road (minor arterial); d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with R-2-DA-P(Residential with a development agreement—PUD)zone and land use to the south since that area is designated Neighborhood Residential in the Comprehensive Plan and is developed with a residential subdivision with higher density (Tannebaum Subdivision No. 4); e. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the RUT (Rural-Urban Transition — Ada County Designation) and R-2-DA-P (Residential with a development agreement—PUD)zones and land uses to the east since that area consists of a vacant parcel which may be developed in a similar manner and a residential subdivision (Brookway Subdivision No. 2), which is developed with higher density as the proposed subdivision; f. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the MU-DA (Mixed Use with a development agreement) and R-2-DA (Residential with a development agreement) zones and land use to the west since that area is designated Neighborhood Residential in the Comprehensive Plan and may be developed in a similar manner; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. 2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-02-20/PPUD-01-20/PP-02-20) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Stags Crossing Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan and consistent with the requirements of Eagle City Code; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development is proposed to consist of single-family residential homes and will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed with similar density as the adjacent subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent developments;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Stags Crossing Subdivision is proposed to be developed in a manner harmonious with existing and future residential uses in the immediate vicinity; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. Page 22 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccfdoc The development is planned for residential, similar to the character of the surrounding area. There are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental to the surrounding properties upon completion of the site work; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Stags Crossing Subdivision will be served by West Beacon Light Road (minor arterial). All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense;and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 25% of open space. The common lots will include pathways throughout the development and a tot-lot area with benches; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub street to the adjacent undeveloped parcel to the west which will provide intra-neighborhood connectivity. Access to the development will be provided from West Beacon Light Road, West Estuary Street, and North Arena Avenue. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No scenic or historic features of major importance exist on site. The applicant will be required to provide mitigation for any trees that may be removed from the site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The applicant is requesting a R-2-DA-P (Residential with a development agreement—PUD) to allow for flexibility in design while still maintaining the maximum density of the proposed development at 1.65-dwelling units per acre;and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and Page 23 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc I. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 25%of passive and active open space. The applicant is required to provide amenities to provide the residents living within the development recreational opportunities. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Stags Crossing Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Stags Crossing Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. Page 24 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately $32,309/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 4th day of February, 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada Coun ,Idaho �Jaso Pierce, Mayor AT EST: .•`�� ,�'•{ OF F,9 •.. f.'pitPOR4, F racy E. orn,Eagle City 041(lArlj C' �+; \ S€AL1f ••., OF 1D o.• Page 25 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2020\Stags Crossing Sub ccf.doc 4;pi#97i iNt.�r 2; a � • a M 1► /iy 4 a*ritual*)%/**y, Exhibit "A" 1. ` w e‘ O /j \ `I /7 ,4tLL Np e e ii 1• g E pee Es w iaaA4411 II H 4! d 411 ; a ' e s� �E a R I I)I I i 19 x In 1 is il!! :1 8 B y p \a / s ill B$1 ` $ ? i i i i i t p e p 1 I �'-- de4e y 1 1! : p C 1Y 9 �`�� v y Np . qq -- -- _ir______LBD.mmo 8 § 9 � Epp a 4 s i b'i /; � 1 i i !: iii ��> @i e� �� is1 ;; !iI \ / \ i . I ` N pp �i 7 gg a i ICC 0 1 _ EVI, iiiI : 4BKN� 1IIfl191iyd1i! it '1,....' OOP ISO \ w 3, 1.,21 I I i O ° fi e-T w i3 x -1 o Oeilig O O I O _} z ~ O I O 1 O 'I O l\� O . p 4 r ., lei o g o El ill o \ lop„� o' " © o 0 0.,.8 0 8.....811i z< •I I �I g I Otl NW N a ; �o I 1 � ,_ O N O a O - --JN. 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