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Findings - CC - 2015 - RZ-03-06 MOD/CU-05-15/PPUD-02-15/PP-06-15 - Shadowbluff Subd/18 Lot/4.35 Acre/10895 N Horseshoe Bend Rd.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 ) SHADOWBLUFF SUBDIVISION FOR ) ENVISION HOMES, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ -03 -06 MOD /CU- 05- 15/PPUD- 02- 15/PP -06 -15 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 September 22, 2015. The 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: Envision Homes, Inc., represented by Shawn Nickel with SLN Planning, is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Shadowbluff Subdivision, an 18 -lot (15- buildable, 3- common) residential planned unit development. The 4.35 - acre site is generally located at the west side of North Horseshoe Bend Road approximately a 1/4- mile south of the intersection of East Floating Feather Road and North Horseshoe Bend Road 10895 North Horseshoe Bend Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on -site at 6:00 PM, May 12, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 4, 2015. A revised preliminary plat was received by the City of Eagle on July 15, 2015, and a second revised preliminary plat was provided on July 21, 2015. 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 July 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 July 23, 2015. Requests for agencies' reviews were transmitted on June 10, 2015, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 7, 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 August 31, 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 August 26, 2015. The site was posted in accordance with the Eagle City Code on September 8, 2015. Page 1 of 30 KAPlanning DeptTagle Appkations\Preumbtary Development Plans\2015\ShadowbluCf Sub ccEdoc D. HISTORY OF PREVIOUS ACTIONS: On July 11, 2006, the City Council approved an annexation and rezone with development agreement for Donna Weston (on September 14, 2013, the executed development agreement expired, Ada County instrument #106161993) (A- 03- 06/RZ- 03 -06). On July 10, 2007, the City Council approved the preliminary plat for Brutsman Subdivision a 17- lot (12- buildalbe, l existing, and 4- common) residential subdivision (PP- 02 -06). On July 15, 2008, the City Council approved an extension of time for the preliminary plat for Brutsman Subdivision for Litton Loan Servicing represented by Russell Stanley. The extension of time was valid until July 10, 2009 (EXT- 13 -08). On October 13, 2009, the City Council approved an extension of time for the preliminary plat for Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2010 (EXT- 14-09). On September 14, 2010, the City Council approved a conditional use permit for a private school facility for La Mia Terra, LLC (CU- 03 -10). On October 26, 2010, the City Council approved an extension of time for the preliminary plat for Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2011 (EXT- 05-10). E. COMPANION APPLICATIONS: Parcel Division application to divide the original parcel into two (2) parcels to remove the existing residence from the subject parcel (PD- 02 -15). Page 2 of 30 KAPlanning Dept\Eagle Apphcations\Preliminary Development Plans\20I5\5hadowbluff Sub ccEdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site — 4.35 -acres Total Number of Lots —19 Residential — 15 Commercial — 0 Industrial — 0 Common — 4 Total Number of Units - 15 Single - family — 15 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 3 of 30 KAPlanning DeptTagle ApphcationsTreliminary Development PlansX2015\Shadowblu0f Sub ccfdoc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Four R-4 -DA (Residential with Vacant a development agreement) Proposed No Change No Change Single - Family Residential Subdivision North of site Residential Four R -4 -P (Residential — Single - Family Residential Planned Unit (Shadowview Subdivision) Development) South of site Residential Four R -4 -P (Residential — Single - Family Residential Planned Unit (Shadowridge Subdivision) Development) East of site Residential Three R2 (Residential -Ada Horseshoe Bend County Designation) Road/Single- Family Residential (Brenson Subdivision) West of site Residential Four R -4 (Residential) State Highway 55 /Single- Family Residential (Echohawk Estates Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site — 4.35 -acres Total Number of Lots —19 Residential — 15 Commercial — 0 Industrial — 0 Common — 4 Total Number of Units - 15 Single - family — 15 Duplex — 0 Multi - family — 0 Total Acreage of Any Out - Parcels — 0 Page 3 of 30 KAPlanning DeptTagle ApphcationsTreliminary Development PlansX2015\Shadowblu0f Sub ccfdoc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 3.45 units per acre 4 units per acre maximum Minimum Lot Size 6,460 - square feet 8,000 - square feet minimum Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved) - per ECC Section 8 -6 -5 -5 (A). An offsetting increase of the same percentage in open space has been provided Minimum Lot Width 55 -feet* 75 -feet (minimum) Minimum Street Frontage 55 -feet 35 -feet (minimum) Total Acreage of Common Area .87 -acres .87 -acres (minimum) Open Space Percent of Site as Common Area 20% 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. * Note — The minimum lot width may be reduced with the approval of a planned unit development. T. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat, date stamped by the City on July 21, 2015, shows a fifty -foot wide common lot located adjacent to State Highway 55 (principal arterial) for the construction of the required landscaped buffer area. Pursuant to Eagle City Code Section 8- 2A- 7(J)(4)(c) a 75 -foot wide landscape strip is required adjacent to principal arterials to protect residential communities from noisy, potentially dangerous, high speed roads. Open Space: The proposed development includes 0.87 -acres of common area. The common area consists of 5,366- square foot area located within the right -of -way adjacent to State Highway 55, two (2) lots Page 4 of 30 KAPlanning Dept \Eagle Apphcations\Preliminary Development Plans\20I5\Shadowbluff Sub ccf doc located adjacent to the south side of Shawdowbluff Street, and a lot located at the eastern boundary of the subdivision. 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: The preliminary plat, date stamped by the City on July 21, 2015, does not note or delineate any easements. Eagle City Code Section 9 -3 -6 requires utility easements to be not less than 12 -feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On -site Septic System (yes or no) — Yes The septic system is connected to the existing residence located at 10895 North Horseshoe Bend Road. The applicant has submitted a Parcel Division application to divide the parcel where the home is located from the subject parcel to be subdivided. The applicant is proposing to connect the existing residence located at 10895 North Horseshoe Bend Road to the central sewer system being constructed to serve the subdivision and subsequently abandon the existing septic system. 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. STREET DESIGN: Private and Public Streets: The preliminary plat, date stamped by the City on July 21, 2015, shows two (2) typical street sections for the streets to be located within the subdivision. The typical street section shown for Shadowbluff Street and Shadowbluff Lane shows a 42 -foot wide right -of -way section with a 29- foot wide travelway (measured from back of curb to back of curb). The right -of -way is also inclusive of an eight -foot (8') wide planter strips and five -foot (5') wide detached sidewalk located on the side of the street adjacent to the proposed buildable lots. The portion of Shadowbluff Street located east of Shadowhawk Avenue is proposed to be private and will be constructed to match the public portion of the street. The street section shows rolled curb and gutter located on each side of the street. The typical street section shown for Shadowridge Avenue shows a 55 -foot wide right -of -way section with a 29 -foot travelway (measured from back of curb to edge of pavement). The right -of- way is inclusive of an eight foot (8') wide planter strip and detached five foot (5') wide sidewalks Page 5 of 30 KAPlanning Dept\Eagle ApphcationsTreliminary Development Plans\2OMhadowbluff Sub ccf.doc located adjacent to both sides of the street. The street section shows rolled curb and gutter located on the east side of the street. The preliminary plat, date stamped by the City on July 15, 2015, shows Shadowbluff Lane terminating with an alternative type of turnaround for fire truck turn around (Snoopy nose) approximately 280 -feet east of the intersection of Shadowhawk Avenue and Shadowbluff Lane. Applicant's Justification for Private Streets (if proposed): The applicant is proposing a private street to serve the lots located adjacent to Shadowbluff Lane east of Shadowhawk Avenue. The applicant has indicated within the provided narrative, date stamped by the City on July 21, 2015, that due to the development being an infill project and having certain site constraints it presents design challenges. The applicant also indicated that due to the width of the property and the standards that ACHD requires for turn radii's, providing a standard cul -de -sac or other ACHD approved turn - around would negatively affect the lot and open space layout of the development. Blocks Less Than 500': None Cul -de -sac Design: No cul -de -sacs are proposed Sidewalks: A five -foot (5') wide detached sidewalk is proposed abutting the planter strip to be located on the north side of Shadowbluff Street. A five -foot (5') wide detached sidewalk is proposed abutting the planter strips located on both sides of Shadowridge Avenue. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the public and private interior streets. Lighting: Lighting for the proposed public and 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 names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under 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 — none Evidence of Erosion — no Fish Habitat — no Page 6 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development P1ans\20l5SShadowbluff Sub ccf.doc 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. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated July 24, 2015, are of special concern (attached to the staff report). Ada County Highway District Central District Health Eagle Fire Department Idaho Department of Transportation Tesoro Logistics NW Pipleline Q. LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from James A. Wood, date stamped by the City on August 10, 2015. Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the City on August 13, 2015. Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the City on August 17, 2015. Correspondence received from Teresita Garcia - Limberg, date stamped by the City on September, 2015. Correspondence received from Shadow Ridge Neighborhood Association, date stamped by the City on September 17, 2015. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to develop the project in a single phase. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. Page 7 of 30 KAPlanning Dept\Eagle AppbcationsTm&ninary Development PUmX201AShadowbluff Sub cctdoc 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. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential Four Suitable primarily for single family residential development within an urbanized setting. An allowable density of up to 4 units per 1 acre. Chapter 11 — Special Areas And Sites 11.1 Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in manner that reflects harmony Page 8 of 30 KAPlanning Dept\Eagle ApphcationsTrelhninary Development Pl=\20I5SShadowbluff Sub ccf doc with their natural environment and recognized qualities which render them distinctly unique. These special areas will require comprehensive and specific planning to ensure that such topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and incorporated into any engineering and development plans. The special review process should include, but not be limited to the following: • Wetlands issues • Existing trees and natural features 11.2 Recognized Special Areas and Sites Drainages and Canals Special natural and manmade features of Eagle are the drainages and canals. The main purpose of the canals and drainage ditches is that of distributing and moving water. 11.3 Goal To promote the conservation and efficient management of all Special Areas and Sites. 11.4 Implementation and Strategies A. Protect and improve natural and man -made waterways. B. Continue to develop and improve City design guidelines to encourage preservation of Eagle's historic buildings and guide new development to reinforce the town's special quality and "turn of the century" character. G. Preserve existing trees and establish appropriate landscaping as a part of new developments. I. The City may require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. Chapter 13 — Implementation 13.3 Special Implementation Techniques-For Development within the City Limits A. Planned Unit Development Ordinance (PUD) is one of many devices used to implement a comprehensive plan. A developer of a PUD may be allowed variations in development requirements, if it is in the City's interest to encourage such a development. C. PUD regulations are intended to encourage innovations in land development techniques so that the growing demands of the community may be met with greater flexibility and variety in type, design, and layout of sites and buildings and by the conservation and more efficient use of open spaces and of other natural environmental features which enhance the quality of life. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8 -1 -2: Rules and Definitions: PLANNED UNIT DEVELOPMENT: A development designed to incorporate a variety of lot sizes and created to accommodate a wide range of income levels and planned to be developed as a unit under Page 9 of 30 KAPlanning Dept\Eagle ApphcationsTrehminary Development Plans\20I5\Shadowbluff Sub ccf.doc single ownership or control which may include residential, commercial, or office uses or any combination thereof. • Eagle City Code Section 8 -2 -4 Schedule of Building Height and Lot Area Requirements: Zoning Maximum District Height R -4 35' 1 Interior Street { Front Rear Side Side 20' 25' 7.59-7 20' Maximum Lot Covered F And J* 40% Minimum Lot Area (Acres Or Minimum Square Feet) Lot H* Width I* 8,000 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 -2 -4 (B): Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. • Eagle City Code Section 8 -2A -7 (J)(4)(c): 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: c. Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering /ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50 %) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') 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. Chainhnk, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Page 10 of 30 KAPlanning Dept\Eagle ApplicationsTrefuninary Development Plans\20I5SShadowblu(f Sub ccLdoc • Eagle City Code Section 8- 6 -5 -1: Minimum Area: A PUD for the following principal uses shall contain an area of not less than the following, however, the zoning administrator may permit the submittal of a PUD which does not meet the minimum area requirements provided the council finds that unique or special circumstances exist with regard to the site so as to warrant the exception and that the PUD will be designed and operated in accordance with the provisions of this title: A. Three (3) acres for residential development. • 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 -7 -3: Conditional Use Permit: 8- 7 -3 -2: General Standards for Conditional Uses: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: Page 11 of 30 KAPlanning Dept\Eagle Applications\Preliminary Development Plans \2015\ShadowbluR Sub ccf doc A. Will, in fact, constitute a conditional use as established in section 8 -2 -3 of this title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective• of the comprehensive plan and/or this title; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9 -1 -6: Rules and Definitions: COMMON AREA OPEN SPACE: Land within a development, not individually owned or dedicated for public use (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), or for use as private streets, which is designed and intended for the common use or enjoyment of the residents of the development. It may include complementary structures and improvements (see definitions of Open Space; Open Space, Active; and Open Space, Passive). EASEMENT: A grant by a property owner to specific persons or to the public to use land for specific purposes. Also, a right acquired by prescription. OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street) substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. PLANNED UNIT DEVELOPMENT: A subdivision designed as a combination of residential, commercial and office uses or any combination thereof planned for a tract of land to be developed as a unit under single ownership or control, which is developed for the purpose of selling individual lots or estates, fronting on private or dedicated streets, which may include two (2) or more principal buildings. Page 12 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadowbluff Sub ccf.doc • Eagle City Code Section 9 -2 -3: Preliminary Plat: 2. The subdivider shall submit to the administrator at least the following: a. Six (6) copies of the preliminary plat of the proposed subdivision, drawn in accordance with the requirements hereinafter stated. Each copy of the preliminary plat shall be on good quality paper, shall have the dimensions of not less than twenty four inches by thirty six inches (24" x 36 "), shall be drawn to a scale of not less than one inch to one hundred feet (1" = 100'), shall show the drafting date, and shall indicate thereon, by arrow, the generally northerly direction; • Eagle City Code Section 9 -3 -1: Minimum Standards Required: All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter and with all applicable requirements set forth in Title 8, Chapter 6, "Planned Unit Developments ", of this code; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. • Eagle City Code Section 9 -3 -2: Streets and Alleys: 9- 3 -2 -1: Location and Design: Streets and road location and design shall conform to the following standards: G. Cul -De -Sac Streets: Cul -de -sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. The following exceptions may be considered by the council: 1. Alternative types of turnarounds for cul -de -sacs which will provide access to less than thirteen (13) dwelling units may be permitted by the city if approved by the fire department and the highway district having jurisdiction. 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. Page 13 of 30 KAPlanning Dept\Eagle Applications\Prelim nary Development Plans \2015\Shadowbluff Sub ccf.doc 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. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. 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: 1. 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 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 -617 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. 5. 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 -1G 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; Page 14 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadovvbluff Sub cef.doc 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 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. 3. 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 C1 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 Page 15 of 30 KAPlanning Dept\Eagle AppficationsTreliminary Development Plans\20I5\Shadowbluff Sub ccf.doc 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. 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- 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. 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 -8: Underground Utilities: Underground utilities are required. Page 16 of 30 KAPlatming Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadowbluff Sub ccf.doc • Eagle City Code Section 9- 4 -1 -9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 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 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. 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. b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 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 Page 17 of 30 KAPlanning Dept\Eagle Appkations\Preliminary Development Plans\201nShadowbluff Sub ccCdoc 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. • 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. DISCUSSION: The Eagle Comprehensive Plan designates the property as Residential Four and the property has an R -4 -DA (Residential with a development agreement) zoning designation. The applicant has submitted a conditional use permit, preliminary development plan, and preliminary plat applications for a planned unit development for Shadowbluff Subdivision. The applicant is requesting a planned unit development to request deviations from the standard minimums with the code in regard to setbacks, lot size, lot width, and reduction on landscape buffer width located adjacent to SH -55. The preliminary plat, date stamped by the City on July 21, 2015, shows lots ranging in size from 6,460 - square feet in size to 8,050- square feet. The minimum size for lots located within the R -4 zoning district is 8,000 - square feet. Pursuant to Eagle City Code 8 -6 -5 -5 (A), a decrease of minimum lot size is permitted if there is an offsetting increase of the same square- footage in open space and a planned unit development is applied for and approved. If this PUD is approved by the Council, the decrease in lot size may be permitted since the development has been designed to provide the required amount of offsetting increase of square footage within the open space. The preliminary plat, date stamped by the City on July 21, 2015, shows three (3) lots to be below 8,000 - square feet in size (minimum lot size). The applicant has requested reduced setbacks from what is required pursuant to Eagle City Code Section 8 -2 -3 for the R -4 (Residential) zoning district. The applicant is requesting the front yard setback to be reduced from twenty feet (20') to fifteen feet (15') for living area, the rear yard setback to be reduced from twenty -five feet (25') to twenty feet (20') and the side yard setback reduced from seven and one -half feet (7 1/2') to five feet (5') per story and five feet (5') total for Lots 1 -3, Block 2. The applicant requested setbacks are as follows: Front 15 feet (living area), 20 feet to garage (measured from back of sidewalk) Page 18 of 30 K:Oanning Dept\6agle ApplicationsTrehminary Development Plans\2015SShadowbluff Sub ccf.doc Rear 20 feet Interior Side 5 feet (per story), 5 feet total for Lots 1 -3, Block 2 Street Side 20 feet Maximum Coverage 40% The sidewalk is proposed to be located within the street right -of -way, therefore, the setbacks will be measured from the property line. It is staff's opinion that based on the size of the lots the applicant's requested setbacks should be approved as requested. The preliminary plat, date stamped by the City on July 21, 2015, does not contain a plat note in regard to the building setbacks. The applicant is requesting a planned unit development to allow for reduced building setbacks and if approved the plat should contain a plat note referencing setbacks. The applicant should provide a revised preliminary plat with a new plat note stating, "Minimum building setbacks lines shall be in accordance with Eagle City Code at the time of issuance of a building permit or as specifically approved." The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant has submitted a Parcel Division application to allow for the existing home located on the property to be divided and located on a separate parcel. The preliminary plat, date stamped by the City on July 21, 2015, shows the septic tanks and a 13,200 - square foot sewer easement (drainfield area) which serves the existing home located within the area to be platted. The applicant should be required to connect the existing home located at 10895 North Horseshoe Bend Road into a central sewer system prior to the City Clerk signing the final plat. Plat note #1 of the preliminary plat, date stamped by the City on July 21, 2015, provides the area, number of lots, minimum lot size, zoning and an overview of the common lots. The applicant should provide a revised preliminary plat with plat note #1 revised to read, "Lots 1 and 5, Block 1 and Lot 13, Block 2, are designated as common lots which shall be owned and maintained by the Shadowbluff Subdivision Homeowner's Association." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #2 of the preliminary plat, date stamped by the City on July 21, 2015, indicates that each lot will be served by Eagle Water Company potable water system and each lot will be connected to Eagle Municipal Sewer Service. The Eagle Sewer District provides sewer service within the City of Eagle. The applicant should provide a revised preliminary plat with plat note #2 revised to read, "Each lot will be served by Eagle Water Company potable water system. Each lot will be connected to the Eagle Sewer District central sewer system." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note #3 of the preliminary plat, date stamped by the City on July 21, 2015, indicates in part that the subdivision will have no connection or access to Highway 55 on the west nor to North Horseshoe Bend Road on the east. The applicant should provide a revised preliminary plat with plat note #3 revised to read, "Direct lot access to State Highway 55 is prohibited unless approved by the Idaho Transportation Department and the City of Eagle. The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant provided an aerial map, date stamped by the City on June 4, 2015, which shows a structure located in the center of the development that is not identified on the preliminary plat. Based on the location of the structure if it remains on the site it will be located on Lot 5, Block 2. The applicant should be required to provide a revised preliminary plat identifying the location of the existing structure (located in the middle of the subject property) and noting the structure is to be removed. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 19 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadowblufr Sub ccf.doc The preliminary plat, date stamped by the City on July 21, 2015, shows the Shadowbluff Street section with a rolled curb and gutter on both sides of the street. The preliminary plat shows an eight foot (8') wide common lot located adjacent to the southern side of Shadowbluff Street to prevent the existing residential lots located in the adjacent subdivision from having double frontage to public streets. Also, parking will be limited to one (1) side of Shadowbluff Street due to the narrowness of the travelway. The applicant should be required to construct vertical curb adjacent to the common lots located adjacent to the southern boundary of the subdivision to discourage parking from occurring on the landscaped common lot. The applicant should provide a revised preliminary plat showing the southern side of Shadowbluff Street with vertical curbing. The revised plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the City on July 21, 2015, does not identify the location for streetlights. At a minimum the subdivision should have streetlights located at the eastern terminus of Shadowbluff Lane, the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane), and the corner of Shadowbluff Street and Shadowridge Avenue. The applicant should provide a revised preliminary plat showing streetlights located at the eastern terminus of Shadowbluff Lane, the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane), and the corner of Shadowbluff Street and Shadowridge Avenue. The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant has submitted a Parcel Division application (PD- 02 -15) requesting to divide the existing original parcel into two (2) separate parcels. The applicant is proposing to divide the existing home located on the property from the area to be subdivided for Shadowbluff Subdivision. If the parcel division is approved by the City Council, the applicant should be required to comply with the parcel division site specific conditions of approval, standard conditions of approval, and record the approved parcel division record -of -survey prior to the City Clerk signing the Shadowbluff Subdivision final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested conditional use permit, preliminary development plan, and preliminary plat for Shadowbluff Subdivision with the site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 11, 2015. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and Zoning Commission by three (3) individuals who expressed the following concerns: • The applicant should be required to remove one (1) lot located adjacent to East Shadowbluff Street to allow the proposed lots to align with the existing lots located within the adjacent subdivision. • The proposed development will be a burden to the residents located within the adjacent developments. • The perimeter fencing needs to be addressed. • The proposed open space needs to be more centrally located for safety. • The rear yards should be required to have additional trees. Page 20 of 30 KAPlanning Dept\Eagle ApphcationsTreliminary Development Plans\20MShadowbluff Sub ccf.doc • The values of the homes currently located in proximity to the proposed development will be reduced. • The area needs to be developed but the proposed development needs some minor adjustments. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The project is well designed based on the narrow rectangular shape of the property. • There is no data showing that a development of this style will reduce the property values of other properties located in the area. • The proposed development is in conformance with Eagle City Code. • The proposed location of the park is appropriate. COMMISSION DECISION: The Commission voted 3 to 0 (Koellisch and Villegas absent) to recommend approval of Shadowbluff Subdivision (CU- 05- 15/PPUD- 02- 15/PP- 06 -15) for Envision Homes, Inc., with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law, dated August 31, 2015. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on September 22, 2015, 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 application was presented to the City Council by no one (not including the applicant/ representative). C. Oral testimony in opposition of the application was presented to the City Council by no one. COUNCIL DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION: *Note — A development agreement modification was provided for Council's review and action by City staff to address the previously approved, and expired, development agreement for the subject property. The development agreement as modified herein will not expire. The Council voted 4 to 0 to approve RZ -03 -06 MOD, for a development agreement modification for Envision Homes Inc., with the following staff recommend conditions of development to be placed in an amended and restated development agreement, with underline text to be added by the Council and strike though text to be deleted by the Council: 3.1 The maximum density for the Property shall be 3.3044 dwelling units per acre. 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 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 Page 21 of 30 KAPlanning Dept\Eagle ApplicationsTrehminary Development Plans\20I5\Shadowbluff Sub ccf.doc shall be held on any proposed changes in the Concept Plan, and notice shall be provided as may be required by the City. 3.4 Owner shall comply with Site Specific Conditions of Approval and Standard Conditions of Approval of Parcel Division application #PD -02 -15 prior to the City Clerk signing the Shadowbluff Subdivision final plat. 3.5 Owner shall provide potable water and sewer connections to the parcel containing the existing residential dwelling located at 10895 North Horseshoe Bend Road. Upon completion of the subdivision Owner shall connect the existing residence to potable water and central sewer. 3.6 Owner shall plant two (2) trees in the back of each lot prior to issuance of a Certificate of Occupancy. COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU- 05- 15/PPUD- 02- 15/PP -06 -15 for Shadowbluff Planned Unit Development for Envision Homes, Inc., with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all of the requirements of the City Engineer. 2. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City prior to the submittal of a final plat application. (ECC 9 -2 -3 [C] [3] [1]) 3. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the required buffer area located adjacent to State Highway 55 and common lots, 3) building elevations for all proposed common area structures 4) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, and 5) proposed fencing to be located adjacent to the common areas and on the required buffer area adjacent to State Highway 55. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8 -2A -1) 4. The applicant shall provide a revised preliminary plat showing public streets. If the City Council approves the proposed private street the 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]) 5. If the City Council approves the proposed private street the applicant shall provide a revised preliminary plat showing the private street 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. 6. Provide a revised preliminary plat with plat note #1 revised to read, "Lots 1 and 5, Block 1 and Lot 13, Block 2, are designated as common lots which shall be owned and maintained by the Shadowbluff Subdivision Homeowner's Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9 -1 -6 and ECC 9- 3- 8[D][4][a]) 7. Provide a revised preliminary plat with plat note #2 revised to read, "Each lot will be served by Eagle Water Company potable water system. Each lot will be connected to the Eagle Sewer District central Page 22 of 30 KAPlanning DeptlEagle Applications\Preliminar Development PlansUOMShadowbluff Sub ccLdoc sewer system." The revised preliminary plat shall be provided prior to submittal of a final plat application. 8. Provide a revised preliminary plat with plat note #3 revised to read, "Direct lot access to State Highway 55 is prohibited unless approved by the Idaho Transportation Department and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. 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]) 10. Provide a revised preliminary plat showing the southern side of Shadowbluff Street with vertical curbing. The revised plat should be provided prior to submittal of a final plat application. 11. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9 -4 -2 -2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. (ECC 8 -2A -7) 12. The required setbacks shall be as follows: Front 15 feet (living area), 20 feet to garage Rear 20 feet Interior Side 5 feet (per story), 5 feet total for Lots 1 -3, Block 2 Street Side 20 feet Maximum Coverage 40% 13. Provide a revised preliminary plat with a new plat note stating, "Minimum building setbacks lines shall be in accordance with Eagle City Code at the time of issuance of a building permit or as specifically approved." The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary plat with a new plat note to read as follows: Public utility, drainage, and irrigation easements will be as follows: — 12 -feet wide adjacent to public right -of -way (unless shown otherwise) and rear lot lines — 5 -feet wide on each side of interior lot lines (drainage only) — All other easements are as shown The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9 -3- 6) 15. Provide a revised preliminary plat showing streetlights located at the eastern terminus of Shadowbluff Lane, the intersection of Shadowhawk Avenue and Shadowbluff Street (Lane), and the corner of Shadowbluff Street and Shadowridge Avenue. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 4 -1 -5) 16. The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision 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 final plat application. (ECC 9- 5 -4 -2) Page 23 of 30 KAPlatming DeptEagle AppGcationsWreluninary Development Plans\2015\Shadowbluff Sub ccGdoc 17. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 18. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements and as required in site specific condition of approval #16 above of the PUD. 19. The applicant shall be required to remove all structures (greenhouse, shelter, and shed — as designated on the preliminary plat "to be removed" from the site) prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of said structures. 20. Provide a revised preliminary plat identifying the location of the existing structure (located in the middle of the subject property) and noting the structure is to be removed. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9- 2- 3[C][3][f]) 21. The applicant shall be required to connect the existing home located at 10895 North Horseshoe Bend Road into a central sewer system prior to the City Clerk signing the final plat. 22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on -site. Upon removal the applicant shall provide documentation from Central District Health Department indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 23. If the parcel division is approved by the City Council, the applicant shall be required to comply with the parcel division site specific conditions of approval, standard conditions of approval, and record the approved parcel division record -of -survey prior to the City Clerk signing the Shadowbluff Subdivision final plat. 24. 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 the City Clerk signing the final plat. (ECC 9- 4 -1 -2) 25. 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. 26. The applicant shall install at the entrances to the Shadowbluff Subdivision, 4' x 4' plywood or other hard surface signs (mounted on two 4 "x 4" posts with the bottom of the signs being a minimum of 3- feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any building permits. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. Page 24 of 30 KAPlanning Dept\Eagle Applications\Preliminar Development Plans\2015\Shadowbluff Sub ccf.doc 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39 -118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31 -3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9- 4- 1 -9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC &Rs 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 Page 25 of 30 KAPlanning Dept\Eagle ApplicationslPrehminary Development Plans\2015SShadowblulf Sub ccf.doc or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right -of -way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 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. 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. Page 26 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadowbluff Sub ccf.doc 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway /Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway /Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway /Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required ". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 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. Page 27 of 30 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Shadowbluff Sub ccf.doc 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. 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. The Council reviewed the particular facts and circumstances of this proposed development agreement modification, conditional use permit, preliminary development plan, and preliminary plat (CU -05- 15/PPUD-02-15/PP-06-15) 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. Shadowbluff Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code; 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. Shadowbluff Subdivision will provide similar lot sizes and density as Shadowview Subdivision and Shadowridge Subdivision located adjacent to the proposed subdivision; c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Shadowbluff Subdivision is proposed to be developed in a manner harmonious with the existing subdivisions located in the immediate vicinity; d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned for residential similar to the character of the surrounding area, it is not Page 28 of 30 KAPlarming Dept\Eagle ApplicationsTretiminary Development Plans\2015SShadowblut7 Sub ccf.doc anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work; e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; 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, Eagle Water Company, or Ada County Highway District; g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. The development plan was designed with consideration given to usable open space and pedestrian pathways; h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access to the development will be from North Shadowhawk Avenue and North Shadowridge Avenue. The design and construction of the roadways and entrances is guided by the Ada County Highway District; i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Since there are no natural, scenic, or historic features located on the site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the Comprehensive Plan since the plan calls for Residential Four (up to four (4) units per acre); k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein and the executed development agreement associated with the site. 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; 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. The development provides for a residential use similar to the existing Shadowview Subdivision and Shadowridge Subdivision located adjacent to the north and south boundaries of the proposed development. Page 29 of 30 KAPlanning Dept\Eagle ApplicationsTrelimbtary Development Plans\2015SShadowbluff Sub ccf.doc 4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -06- 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 density of the zoning designation of R -4 (Residential- four dwelling units per acre maximum); 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 and provides the required improvements for a subdivision; 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; d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served by Eagle Sewer District and will use public water served by Eagle Water Company. Fire protection will be available from the Eagle Fire District and fire hydrants will be provided as required; e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is reviewed and approved by Ada County Highway District and is subject to the conditions therein; f. This development is in continuity with the capital improvement program since the required public improvements have been installed on site, or are expected to be installed with the development of individual lots as conditions of approval; g. That based upon agency verification and written comments from the notified agencies or as conditioned herein, there is adequate public financial capability to support the proposed development; 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 final plat approval as set forth within the conditions of approval above. 5. Pursuant to Eagle City Code 8 -7 -3 -5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. DATED this 13"' day of October, 2015 CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ••.•``;� OF E.4 G,''•., ames D. Reynolds, Mayor = t v R' a SEAL ATTEST: OESharon k. Bergmann, Eagle City C rk ,•,���� "' ��,,•• Regulatory Taking Notice: Applicant has the right, pursuant to section 67 -8003, Idaho Code, to request a regulatory taking analysis. Page 30 of 30 K \Planning Dept\Eagle ApplicationsTreliminery Development Plans\2015 %Shedowbluff Sub oddoc