The URL can be used to link to this page

Findings - CC - 2021 - RZ-06-14 MOD/RZ-14-20 & PP-07-20 - Kingfisher Cove Townhomes BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A DEVELOPMENT AGREEMENT MODIFICATION, ) A REZONE FROM MU-DA(MIXED USE WITH A ) DEVELOPMENT AGREEMENT [IN LIEU OF A ) PUD])TO R-9-DA(RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT [IN LIEU OF A ) PUD]),AND PRELIMINARY PLAT FOR KINGFISHER ) COVE TOWNHOMES FOR DON NEWELL ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-06-14 MOD/RZ-14-20&PP-07-20 The above-entitled development agreement modification, rezone with a development agreement (development agreement in lieu of a PUD) and preliminary plat applications came before the Eagle City Council for their consideration on July 27, 2021, at which time public testimony was taken. The applications were continued to August 10, 2021, at which time public testimony was taken and the public hearing was closed. The 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: Don Newell, represented by Doug Russell with The Land Group, is requesting development agreement modification, rezone from MU-DA (Mixed Use with a development agreement) to R- 9-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Kingfisher Cove Townhomes, a 72-lot (63-buildable, 9-common) residential subdivision. The 10.68-acre site is generally located on the northeast corner of West State Street and SH-44. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on Wednesday, September 16, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on October 29, 2020. Revised preliminary plats were received by the City of Eagle on February 22, 2021,April 14, 2021, and May 12, 2021. A revised preliminary plat/site rendering was received by the City of Eagle on June 11,2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on November 17, 2020, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 4, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 4, 2021. The site was posted in accordance with Eagle City Code on June 10,2021. Page 1 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccfdoc Notice of Public Hearing on this application for the Eagle City Council was published in accordance with the requirements of Title 67,Chapter 65, Idaho Code and the Eagle City Code on July 9, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 9, 2021. The site was posted in accordance with the Eagle City Code on July 16,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 3, 2015, the City Council approved a rezone from A (Agricultural), A-R (Agricultural- Residential) and R-2-DA-P (Residential with a Development Agreement — PUD) to MU-DA (Mixed Use with a Development Agreement in lieu of a PUD, including a height exception) at 9.93-dwelling units/acre and preliminary plat approval for Predico EP Subdivision(RZ-06-14 and PP-08-14). On August 15,2015,the Design Review Board approved the common area landscaping, seven(7) apartment buildings, caretaker's unit, and a clubhouse within Predico Eagle Pointe Subdivision (DR-62-14). On June 28, 2016, the City Council approved a preliminary plat extension of time for Predico EP Subdivision to be valid until June 9, 2017 (EXT-06-16). On June 21, 2017, the Zoning Administrator approved a lot line adjustment for Michael Wright (LLA-07-17). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated August 24,2020,provided by the applicant's representative(attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated August 24,2020,provided by the applicant's representative(attached to the staff report). Page 2 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomeswindings\Kingfisher Cove Townhomes ccf doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU(Mixed Use with Vacant property development agreement [in lieu of a PUD]) Proposed No Change No Change(3.3-acre area) Mixed use development R-9-DA(Residential with a including commercial, development agreement [in retail, and single-family lieu of a PUD])(7.38-acre attached residential. area) North of site Neighborhood Residential R-2-DA-P(Residential with a Countryside Estates development agreement— Subdivision and agriculture PUD)and A(Agricultural) South of site Industrial PS-DA(Public/Semipublic Eagle Sewer District with a development headworks,ACHD Park agreement) and Ride, and SH-44 East of site Neighborhood Residential A(Agricultural) Agriculture West of site Neighborhood Residential R-2-DA-P(Residential with a Countryside Estates development agreement— Subdivision PUD) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. J. SITE DATA: Total Acreage of Site— 10.68-acres(7.38-acres residential area) Total Number of Lots—72 (located within subdivision), 3-parcels Residential- 63 Commercial — 3 (existing parcels, not a part of the preliminary plat but subject to the development agreement modification) Industrial—0 Common—9(inclusive of 7 access parcels) Total Number of Units—63 Single-family attached—63 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—3.3-acres Page 3 of 34 K.\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 8.54-dwelling units per acre 8.54-dwelling units per (based on proposed acre(as limited within the subdivision area) development agreement) Minimum Lot Size* 34,592-square feet(MU-DA 5,000-square feet(Mixed zoned area) Use area) 1,655-square feet(R-9 zoned 1,600-square feet(R-9 area) zoned area) Minimum Lot Width 21-feet 20-feet Minimum Street Frontage 21-feet 20-feet Total Acreage of Common Area 3.65-acres 1.48-acres(minimum) Open Space** Percent of Site as Common Area 49.4% 20%(minimum) 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. * The site associated with the development agreement consists of four(4) separate parcels one of which is proposed to be rezoned and subdivided. **Not inclusive of alley area providing access to the residential dwellings. K. GENERAL SITE DESIGN FEATURES: Pathway Areas and Landscape Screening: The applicant is proposing two(2) landscape buffers to be located with Lot 1,Block 1. A 50-foot- wide landscape buffer is proposed to be located adjacent to West State Street and a 75-foot-wide landscape buffer is proposed to be located adjacent to SH-44. The applicant is also proposing a 14-foot-wide emergency access/pathway along the southern property line. The pathway reduces to 10-feet in width approximately 880-feet from the eastern property line. Open Space: The open space consists of one (1) common lot. The common lot will contain the required landscape buffer areas, sidewalks which provide access to the residential units, and a swimming pool with parking lot. Commercial Area: The preliminary plat/site rendering, date stamped by the City on June 11, 2021, shows the commercial area as a future phase. The commercial area consists of three (3) buildable parcels which will be developed at a future date. The applicant will be required to submit a design review application to be reviewed and approved by the Design Review Board and City Council prior to the issuance of a zoning certificate. Page 4 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Cingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: The preliminary plat,date stamped by the City on May 12,2021,notes the following: • All lot lines common to a public right-of-way and the subdivision exterior boundary have a 12-foot-wide permanent public utility, drainage,and irrigation easement. • The interior side yard lot lines will not have any easements unless required by a utility provider. • A public utility, irrigation, and drainage easement will be provided along all rear lot lines equal to the approved setback. • The common lot(Lot 1, Block 1) will have a blanket public utilities, drainage, and irrigation easement over the entire lot. • The shared driveways (located within Lots 2, 15, 25, 26, 37, 50, and 63, Block 1) providing access to the single-family attached units will also have a blanket public utility, irrigation, and drainage easement. Fire Hydrants and Water Mains: The preliminary plat shows three (3) fire hydrants located within the subdivision. The hydrants should be installed and approved as required by the Eagle Fire Department. The proposed development is located within the Suez Water Company water service area. On-site Septic System—No Pressurized Irrigation: The applicant submitted a Surface Water Pressurized Irrigation Waiver Request, date stamped by the City on February 22, 2021, based on the applicant not having access to the existing surface water rights due to the lack of easements or piping to deliver the surface water. The applicant indicated within the request they have acquired a permit from the Idaho Department of Water Resources to construct a well to be utilized for the pressure irrigation system. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. Page 5 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccfdoc L. STREET DESIGN: Public Streets: The proposed public street is to be constructed as shown on the ACHD Roadway Typical Section contained within the preliminary plat, date stamped by the City on April 14, 2021. The proposed shared driveways (providing access to the single-family attached dwelling units) are to be constructed as shown on the Residential Alleyway Typical Section contained within the preliminary plat,date stamped by the City on April 14,2021. Blocks Less Than 500': None. Cul-de-sac Design: One cul-de-sac is proposed: • Street 2 (as shown on the preliminary plat, date stamped by the City on May 12, 2021): 631- feet in length, 50-foot radius(measured to back-of-curb). Sidewalks: A detached 5-foot-wide concrete sidewalk is proposed abutting the planter strips on both sides of the interior public roadways. The detached sidewalks are proposed to be located within the buildable lots outside of the right-of-way area with the exception of the sidewalks located within the common lots. A detached 5-foot-wide sidewalk is proposed within the right-of-way along West State Street. See Items "K" and "M" herein regarding the sidewalks along State Highway 44. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior public street. The alleyways are proposed with ribbon curbing adjacent to each side of the alley. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways/Pathways: The preliminary plat, date stamped by the City on May 12, 2021, shows a 14-foot wide emergency access/pathway along the southern property line. The pathway reduces to 10-feet in width approximately 880-feet from the eastern property line. The preliminary plat also delineates a 5-foot wide detached sidewalk located along the south side of West State Street and detached sidewalks located adjacent to an 8-foot wide planter strip along the public streets within the development. The attached single-family residential units will be served by 5-foot sidewalks (located within the common lot)connected to the detached sidewalks along the public street. Page 6 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doe 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. N. PUBLIC USES PROPOSED: Public pathway along the southern property line. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The site will receive potable water from Suez Water Company of Idaho. The site will receive central sewer service from the Eagle Sewer District. The site will be served by the Eagle Fire Department and Eagle Police Department. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees — yes — located along the southern property line approximately 300-feet from the eastern property line. Riparian Vegetation-no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required S. 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 letters dated May 12, 2021, are of special concern(attached to the staff report). City Trails and Pathways Superintendent, memo dated December 4, 2020 (attached to the staff report) City Museum Curator/Historic Preservation Officer Ada County Highway District Ballentyne Ditch Company Central District Health COMPASS (Communities in Motion 2040) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Page 7 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc T. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Jennifer Butler,dated June 7,2021. Email correspondence received from Teresa Peery, dated June 8,2021. Correspondence received from Charles Moore,date stamped by the City on June 14,2021. U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant proposes to construct the development in a single-phase with construction to begin in the fall of 2021. V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke, fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Page 8 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc 13. In cased of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units): 14. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation, maintenance, schools and solid waste collection. 15. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 16. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 17. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map designates this site as: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within the Central Business District (CBD). Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. 6.4.2 General Land Use Objectivities R. Encourage the development of high density residential units(up to 10 dwelling units per acre) on the northeast corner of the State Highway 44 and Ballantyne Lane just south of West State Street. Due to the location of the property between State Highway 44 (principal arterial), State Street (minor arterial) and Ballantyne Lane (collector) and the impacts of the regional roadway system, single family uses should be discouraged. Uses in this area should be developed and controlled through the rezone and development agreement process. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot,commonly referred to as townhouses and/or townhomes. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. Page 9 of 34 K:\Planning Dept\Fagle Applications\SUBS\202000ingfisher Townhomes\Findings\Cingfisher Cove Townhomes ccfdoc PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and accepted by such entity or used by the public for a period of not less than five (5) years and worked and kept up by,at the expense of,the public during that period of time. STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway,thoroughfare, parkway,road, avenue,boulevard, lane, place or other such terms. ACCESS STREET: A minor street which has the primary purpose of providing access to abutting properties. ALLEY: A minor street providing secondary access at the back or side of a property otherwise abutting a street. PRIVATE STREET: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access. • Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU(Mixed Use)zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.)G And H* R-6 to R- 35' 20'/ 15' 5' 20' N/A 1,600 20' 10 single- 10' if 5' if 0' for family alley alley common attached load load wall dwellings Page 10 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccfdoc I. Lot width shall be determined as follows: The distance between side lot lines measured at a point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot front adjacent to a public or private street, for all residential zoning districts shall be 35 feet. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: J. Buffer Areas/Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width,plantings,and fencing are as follows: a. Any road designated as collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be provided with the following plants per one hundred(100)linear feet of right of way: four(4)shade trees, five(5)evergreen trees, and twenty four(24)shrubs. Each required shade tree may be substituted with two(2)flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall,cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm,a four foot(4')wide flat area shall be provided for the placement of the decorative wall. Chainlink,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community(such as trees,watercourses,historic spots and similar irreplaceable assets)shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9-1-6 Rules and Definitions: ALLEY: A minor street providing secondary access at the back or side of a property otherwise abutting a street. Page 11 of 34 K-\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc DEAD END STREET: A street connecting to another street at one end only and not having provision for vehicular turnaround at its terminus. DRIVEWAY: A travel way not dedicated nor intended for public use, privately maintained, serving a maximum of two(2)lots or parcels. MINOR STREET: A street which has the primary purpose of providing access to abutting properties. PRIVATE STREET: A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in subsection 9-3-2-1(J)of this title. • Eagle City Code Section 9-2-3: Preliminary Plat: C. Required Information and Data: j. Lot lines and blocks showing the dimensions and numbers of each; • Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design: B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic. E. Public Alleys:Public alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end public alleys shall be prohibited in all cases. 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. J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed within any subdivision provided at least one (1) of the lots has the minimum street frontage required in section 8-2-4 of this code. • 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. Page 12 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 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; provided, however, that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the council. 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 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to,designated parking and "no parking" areas, speed, stop,and such other signs as are required for safe pedestrian and vehicle travel. 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: Page 13 of 34 K:\Planning Dept\Eagle Applications\SUBS\202000ingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc 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; 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 Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it Page 14 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccfdoc may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. E. Waiver: The council may waive or modify any of the standards or requirements of this section when the private streets have been determined to be an integral element of the overall plan and scheme of the development or will serve to enhance the overall development; provided, however,that any such waiver shall not be injurious to public health or safety. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicylcle 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. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. E. DISCUSSION (based on the preliminary plat, date stamped by the City on May 12, 2021, and the executed development agreement, Ada County instrument#2015-079718): • The current owner of the property received approval of a rezone with a development agreement (in lieu of a PUD), and preliminary plat to construct three(3)commercial lots and a residential lot (7.38-acres) consisting of seven (7) multi-family residential buildings (73 units). The applicant is requesting to rezone the 7.38-acres of the 10.68-acre site from MU-DA (Mixed Use with a development agreement) to R-9-DA (Residential with a development agreement)to allow for the construction of single-family attached dwelling units. The residential area and the mixed use area will be under separate ownerships. If the rezone is approved, staff recommends a new development agreement be executed for the residential portion of the site and an amended and restated development agreement be executed for the mixed use portion of the site. This will allow each owner to execute separate development agreements which will address the uses within the respective properties. Staff has provided conditions of development contained herein to address the development agreement modification and the rezone with development agreement requests as separate agreements. • The applicant is proposing one (1)public street with attached shared driveways to provide access to the residential lots within the subdivision. The preliminary plat shows all residential lots take access from six (6) common lots containing shared driveways as referenced in plat note #6 of the preliminary plat. Eagle City Code Section 9-1-6, defines a driveway as a travel way not dedicated nor intended for public use, privately maintained, serving a maximum of two (2) lots or parcels. The shared driveways serve a similar function as a private alley providing access to the rear of the Page 15 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc proposed residential units. Eagle City Code does not recognize private alleys as a permitted use or prohibited use. Pursuant to Eagle City Code Section 9-1-6, public alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end public alleys shall be prohibited in all cases. Staff will defer to the City Council regarding the utilization of the shared driveways to provide access to the residential lots. • Condition of Development #3.4 of the executed development agreement restricted the building height of the multi-family residential buildings to a maximum of 29-feet in height with a minimum roof pitch of 5:12 and no more than two (2) stories in height. Page PP1.02 of the preliminary plat shows the architectural imagery of the proposed townhomes. The units are proposed to be two-story in height. The architectural imagery does not identify the roof pitch or the proposed height. The single-family attached units should not exceed 29-feet in height and should not be more than two-stories. The single-family attached dwellings should be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for the single-family attached dwellings. • Plat note#3 of the preliminary plat states,"Direct vehicular access to W. State St. is prohibited." The preliminary plat shows two (2) emergency access points which gain ingress/egress from West State Street. Also, the plat note does not reference "lot" access. The applicant should be required to provide a revised preliminary plat with plat note#3 revised to state, "Direct lot access to West State Street and State Highway 44 is prohibited unless approved by City of Eagle and Ada County Highway District or the Idaho Transportation Department." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note#6 of the preliminary plat states as follows: "The following lots are designated as shared driveway lots to provide ingress/egress to the following identified lots. These lots also provide a blanket public utility, Eagle Sewer District, irrigation and drainage easements. Said shared driveway lots will be owned and maintained by the homeowners association. 6.1 LOT 2,FOR LOTS 3-7. 6.2 LOT 15, LOTS 8-14 AND LOTS 16-21. 6.3 LOT 25,LOTS 22-24. 6.4 LOT 26,FOR LOTS 27-31. 6.5 LOT 37,FOR LOTS 32-36 AND LOTS 38-43. 6.6 LOT 50,FOR LOTS 44-49 AND LOTS 51-56. 6.7 LOT 63,FOR LOTS 57-62 AND LOTS 64-71." Although the plat note addresses ingress/egress and maintenance the note is not written in conformance with Eagle City Code Section 9-3-2-5[C][2], which requires a plat note be included on the plat which addresses the following: a) the perpetual right of ingress and egress over said lots, b) provide that the easement shall run with the land, c) provide that the owners located adjacent to said lots shall be responsible for the maintenance of the common lots/private alley, and d)provide that a restrictive covenant for maintenance of the common lots/private alley cannot be modified without the express consent of the city. The applicant should be required to provide a revised preliminary plat with plat note#6 revised to state as follows: "The following lots are designated as shared driveway lots. The residential lots located adjacent to the shared driveway lots shall have perpetual right of ingress/egress over said lots; the ingress/egress easement shall run with the land; the shared driveway lots shall be owned and Page 16 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccfdoc maintained by the homeowners association; and, the restrictive covenant for maintenance of the shared driveway lots cannot be modified and the homeowners'/property owners association or other entity cannot be dissolved without the express consent of the city. These lots also provide a blanket public utility, irrigation,and drainage easements." 6.1 LOT 2,FOR LOTS 3-7. 6.2 LOT 15,FOR LOTS 8-14 AND LOTS 16-21. 6.3 LOT 25, FOR LOTS 22-24. 6.4 LOT 26,FOR LOTS 27-31. 6.5 LOT 37,FOR LOTS 32-36 AND LOTS 38-43. 6.6 LOT 50,FOR LOTS 44-49 AND LOTS 51-56. 6.7 LOT 63, FOR LOTS 57-62 AND LOTS 64-71." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat does not contain a plat note referencing the Covenants, Conditions, Restrictions, and Easements. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "All lots will be subject to the terms and conditions of the Covenants, Conditions, Restrictions, and Easements, as subsequent modifications, for Kingfisher Cove Townhomes, recorded as Instrument No. ." The revised preliminary plat should be provided prior to submittal of a final plat application. • Notes 1, 2, 4, 5, and 6 of the preliminary plat address the locations of the public utility, drainage, and irrigation easements within the development. Since the applicant is proposing single-family attached units within the development which allows for significantly reduced setbacks, 0-foot setback on interior walls, and the residential units are alley loaded it may create confusion regarding front lot line versus rear lot line. The applicant should be required to provide a revised preliminary plat with the public utility, drainage, and irrigation easements delineated on the plat. The revised preliminary plat should be provided prior to the submittal of a final plat application. • Page PP1.00 of the preliminary plat, does not identify the area of Lot 1, Block 1. Pursuant to Eagle City Code Section 9-2-3[C][3][j], requires the lot lines and blocks showing the dimensions and numbers of each is provided. The applicant should be required to provide a revised preliminary plat with Page PP1.00 revised to indicate the area of Lot 1, Block 1. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat shows three(3)streetlights located at the following locations: o The intersection of Street 1 and Street 2; o On the north side of Street 2 approximately 175-feet east of the intersection of Street 1 and Street 2; and o At the terminus of Street 2. The shared driveways providing access to the residential units and the sidewalks located within the common lots which provide access to the front doors of the residential units do not have streetlights at the location where they intersect with Street 2. The applicant should be required to provide a revised preliminary plat showing streetlights located on the north side of Street 2 at the locations where the shared driveways and common lots containing sidewalks intersect the street. The streetlight located at the terminus of the cul-de-sac should be located on the south side of the driveway providing access to the swimming pool. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat does not contain a plat note addressing the "Right to Farm" as required pursuant to Idaho Code 22-4503. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "This development recognizes 22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural facility or Page 17 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1)year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat should be provided prior to submittal of a final plat application. • As identified in the applicant's surface water pressurized irrigation waiver request, date stamped by the City on February 22, 2021, the applicant is requesting waiver based on the applicant not having access to the existing surface water rights associated with the property. The narrative further states, the applicant has acquired an approved groundwater right from the Idaho Department of Water Resources (IDWR) to construct a well to be utilized for the pressure irrigation system. A surface water pressurized irrigation waiver request may be granted since the irrigation purveyor cannot deliver surface water to the site. Also, as part of the waiver request the applicant should be required to construct a pressurized irrigation system utility well utilizing the IDWR approved groundwater rights. The pressurized irrigation system utility well should be completed, and the pressurized irrigation system charged prior to submittal of the first building permit. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on June 21, 2021, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative)who indicated the following. C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two(2) individuals who indicated the following: • The citizens of Eagle do not want this kind of high-density development. • Residents moved to Eagle for the ambiance and the proposed subdivision is not harmonious with the surrounding area. • The proposed development will have a significant traffic impact on the surrounding intersections. • The property should be developed with single-family detached units. • Subdivision approvals should not be based on previous approvals. • There is enough high density housing in Eagle and the city needs to keep the best interest of the residents in mind for future development. • Higher density creates less value. • The property should be developed with single-family detached residential with a density similar to Paddy Row Subdivision. D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by one(1) individual who indicated the following: • The proposed single-family attached development is an improvement over the multi-family dwellings which were previously approved. • They are supportive of owner-occupied homes. • Based on this proposed development and future development of the property located at the northeast corner of West State Street and North Ballantyne Lane the additional traffic will impact the area. • The additional traffic should be mitigated. Page 18 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc • The design review board should require the same standards as they have required in other areas of the city. COMMISSION DELIBERATION: (Granicus time 2:35:45) Upon closing the public hearing,the Commission discussed during deliberation that: • The comprehensive plan contains a policy which encourages high density at this location. • The Commission supports the applicant's desire to construct single-family attached homes. • They understand the frustration of the residents regarding density,however,the comprehensive plan designates this area to have high density. • The property is located along the SH-44 corridor,the City has not received correspondence from ITD to address ITD concerns. The Commission should place a condition on the application to address future ITD concerns. • The proposed development should not create additional traffic north of West State Street. • The proposed project will not impact the ambiance of the city due to the city's high standards for landscaping and architecture. • The required landscaped berms will buffer the residential units from West State Street and the surrounding area. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT MODIFICATION: The Commission voted 5 to 0 to recommend approval of RZ-06-14 MOD for a rezone development agreement modification for Don Newell, with conditions of development to be placed in an Amended and Restated Development Agreement as provided within their findings of fact and conclusions of law document,dated July 6,2021. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT(DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Commission voted 4 to 1 (McLaughlin against) to recommend approval of RZ-14-20 for a rezone from MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) to R-9-DA (Residential with a development agreement [in lieu of a—PUD]) for Don Newell, with conditions of development to be placed in a development agreement as provided within their findings of fact and conclusions of law document,dated July 6,2021. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 1 (McLaughlin against) to recommend approval of PP-07-20 for Kingfisher Cove Townhomes Subdivision (Exhibit "A") for Don Newell, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document,dated July 6,2021. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications came before the Eagle City Council for their consideration on July 27, 2021, at which time public testimony was taken. The applications were continued to August 10, 2021,at which time public testimony was taken and the public hearing was closed. B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (not including the applicant/ representative) who indicated the development is well designed and the need for additional townhomes within the area. C. Oral testimony in opposition to the applications was presented to the City Council by no one. Page 19 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City Council by two(2) individuals who indicated that although they support the design of the subdivision, they have a concern regarding the additional traffic which will be generated from the development due to future development within the area. COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT MODIFICATION: The Council voted 4 to 0 to approve RZ-06-14 MOD for a rezone development agreement modification with the following Planning and Zoning Commission's recommended conditions of development to be placed within an Amended and Restated Development Agreement: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding 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. 3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the Project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Nan and notice shall be provided as may be required by the City. 3.3 The Property as depicted on the concept plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"under the MU zoning designation(except as permitted in Section 3.4,below). 3.4 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Mixed Use District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application(whichever the case may be) is made for individual building use. All uses shown as "P" permitted under the MU zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the MU zoning designation shall require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above,the following uses shall also be prohibited on the Property: • Residential, Mobile Home(Single Unit); • Residential, Mobile Home(Single Unit Temporary Living Quarters); • Residential, Mobile Home Park; • Adult Business; • Automotive washing facility; • Cemetery; • Circuses and Carnivals; • Drive-In Theatre; • Equipment Rental and Sales Yard; • Kennel; • Nursery, plant materials; Page 20 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.dac • Riding Academies/Stables; • Small Engine Repair; • Storage(fenced area); 3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application or issuance of any building permits, whichever occurs first. Owner shall provide proof of central sewer service to the proposed commercial uses. A letter of approval shall be provided from the Eagle Sewer District prior to issuance of any building permits. 3.6 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat or issuance of the first building permit,whichever occurs first. 3.7 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables,etc.). 3.8 Owner shall construct a 10-foot wide concrete sidewalk along the frontage of State Highway 44 to tie into the 10-foot wide sidewalk associated with the Kingfisher Cove Townhomes. The sidewalk shall be constructed prior to the City Clerk signing the Kingfisher Cove Townhomes final plat. COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Council voted to approve RZ-14-20 for a rezone from MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) to R-9-DA (Residential with a development agreement [in lieu of a — PUD]) with the following Planning and Zoning Commission recommended conditions of approval to be placed within a development agreement with underline text to be added by the Council: 3.1 The maximum density for the Property shall be 8.53 dwelling units per acre (63 single-family attached lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The intent of this Agreement is to allow sufficient flexibility at the time of detailed planning and platting while still maintaining the general intent of the Concept Plan with the requirements set forth in this Development Agreement. Specific design elements shall be clarified during the platting and design review application processes. However, the streetscape as shown on the concept plan (center landscape island, street trees, pool, pergola shade structure, and pathways) shall be required design elements as part of the final design for the site. Page 21 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, shared driveways, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit D). All other fencing(i.e. dog-eared cedar fencing,vinyl, chainlink)shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. 3.6 The Setbacks shall be as follows: Front 10-feet Rear(adjacent to alley) 5-feet(maximum) Interior Side(common walls) 0-feet Exterior Side 5-feet 3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance between an electrical transformer and structure. 3.8 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, shared driveways, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Fencing Concept Plan(Exhibit D). All other fencing(i.e. dog-eared cedar fencing,vinyl,chainlink)shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. Short-term rentals may be permitted with a duration of a minimum of six(6)months. 3.9 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. Page 22 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc 3.10 The single-family attached units shall not exceed 29-feet in height and shall not be more than two- stories. The single-family attached dwellings shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans for the development is required prior to the issuance of building permits for the single-family attached dwellings. 3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky"concept of lighting. 3.12 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2)planting details within the proposed and required landscape island and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to West State Street and State Highway 44, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.13 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 3.14 Owner shall tile the Ballantyne Irrigation Ditch within the subject property and provide an access easement as required by the Ballantyne Irrigation Ditch Company prior to the City Clerk signing the final plat. 3.15 Provide a license agreement from the respective transportation agency approving the landscaping located within the public right-of-way prior to the City Clerk signing the final plat. 3.16 Owner shall construct a 10-foot wide concrete sidewalk along the frontage of State Highway 44 to tie into the sidewalk located at the northeast corner of West State Street and State Highway 44. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for the first single- family attached dwelling units. 3.17 Owner shall construct the required buffer area located adjacent to State Highway 44 and West State Street prior to the City Clerk signing the final plat. 3.18 Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding Plan associated with the Kingfisher Cove Townhomes Covenants, Conditions, and Restrictions prior to the City Clerk signing the final plat. The funding amount shall not exceed $300.00 at the time of sale of each individual residential unit in perpetuity. The CEP Funding Plan shall be executed by the Owner and Cif prior to the City Clerk signing the final plat. Page 23 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-07-20 for Kingfisher Cove Townhomes Subdivision (Exhibit "A") 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 conditions within the development agreement for rezone application RZ-14-20 or any subsequent modifications. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 5. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 6. All living trees on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 7. The applicant shall be required to landscape between the emergency/access pathway and the southern property line. The landscaping shall be complete prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat with plat note #3 revised to state, "Direct lot access to West State Street and State Highway 44 is prohibited unless approved by City of Eagle and Ada County Highway District or the Idaho Transportation Department." The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 24 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc 9. Provide a revised preliminary plat with plat note#6 revised to state as follows: "The following lots are designated as shared driveway lots. The residential lots located adjacent to the shared driveway lots shall have perpetual right of ingress/egress over said lots; the ingress/egress easement shall run with the land; the shared driveway lots shall be owned and maintained by the homeowners association; and, the restrictive covenant for maintenance of the shared driveway lots cannot be modified and the homeowners'/property owners association or other entity cannot be dissolved without the express consent of the city. These lots also provide a blanket public utility, irrigation,and drainage easements." 6.1 LOT 2,FOR LOTS 3-7. 6.2 LOT 15, FOR LOTS 8-14 AND LOTS 16-21. 6.3 LOT 25, FOR LOTS 22-24. 6.4 LOT 26,FOR LOTS 27-31. 6.5 LOT 37,FOR LOTS 32-36 AND LOTS 38-43. 6.6 LOT 50,FOR LOTS 44-49 AND LOTS 51-56. 6.7 LOT 63, FOR LOTS 57-62 AND LOTS 64-71." The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 9- 2-3-5[C][2]) 10. Provide a revised preliminary plat with Page PP1.00 revised to indicate the area of Lot 1, Block 1. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2- 3[C][3][j]) 11. Provide a revised preliminary plat showing streetlights located on the north side of Street 2 at the locations where the shared driveways and common lots containing sidewalks intersect the street. The streetlight located at the terminus of the cul-de-sac shall be relocated to the south side of the driveway providing access to the swimming pool. The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat with a new plat note which states, "This development recognizes 22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1)year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat with a new plat note which states, "All lots will be subject to the terms and conditions of the Covenants, Conditions, Restrictions, and Easements, as subsequent modifications, for Kingfisher Cove Townhomes, recorded as Instrument No. ." The restrictive covenants for maintenance of the private street and alleys cannot be modified and the Homeowner's Association cannot be dissolved without the express consent of the City of Eagle."The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary plat with the public utility, drainage, and irrigation easements delineated on the plat. The revised preliminary plat shall be provided prior to the submittal of a final plat application. 15. A surface water pressurized irrigation waiver request is hereby granted since the surface water irrigation purveyor cannot deliver surface water to the site. A pressurized irrigation system utilizing irrigation well water shall be completed, and the pressurized irrigation system charged prior to the City Clerk signing the final plat. Page 25 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher TownhomesTindings\Kingfisher Cove Townhomes ccf doc 16. The applicant shall be required to install a traffic control sign stating that on street parking is prohibited within the cul-de-sac turnaround at the entrance of the turnaround on the driver's side of the street. The traffic control sign shall be installed prior to the issuance of the first building permit. 17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. 18. The Kingfisher Cove Townhomes Subdivision shall remain under the control of one Homeowners Association. 19. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 20. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 21. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 22. The final plat for Kingfisher Cove Townhomes Subdivision shall be recorded in the Ada County Recorder's office prior to the issuance of 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. 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 tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. Page 26 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. Page 27 of 34 K:\Planning Dept\Eagle Applications\SUBS\202000ingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc 14. 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. 15. 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. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. 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. 18. 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. 19. 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. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. Page 28 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc 22. 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". 23. 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. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. 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. 27. Basements in homes in the floodplain are prohibited. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. 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. Page 29 of 34 K:\Planning Dept\8agle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc 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. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezones (RZ-06-14 MOD and RZ-14-20) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone modification and rezone with development agreement are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designations of MU-DA (Mixed Use with a development agreement) and R-9-DA (Residential with a development agreement [in lieu of a PUD]) is consistent with the Mixed Use and Scenic Corridor Overlay designations as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve the residential use on this property under the proposed zone; c. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the R-2- DA-P (Residential with a development agreement — PUD) zone and land use to the north since the area is developed with a residential subdivision (Countryside Estates Subdivision) which is buffered from the proposed use by a landscaped berm which will provide a buffer to the proposed uses. The applicant is also required herein to provide a 50-wide landscape buffer between the residential area of the development and West State Street(minor arterial); d. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the PS- DA) Public/Semipublic with a development agreement zone and land use to the south since that area contains the Eagle Sewer District facilities and is separated by State Highway 44 (principal arterial); e. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the A (Agricultural) zone and land use to the east since that area is separated by West State Street (minor arterial)may be developed with a residential subdivision. The applicant is required herein to provide a 50-wide landscape buffer between the residential area of the development and West State Street(minor arterial); Page 30 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc f. The MU-DA (Mixed Use with a development agreement) and proposed R-9-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land use to the west since the adjacent development is buffered from the proposed use by a landscaped berm which will provide a buffer from the proposed commercial area. The adjacent property is separated from the subject property by West State Street(minor arterial); g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. 2. The Council reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, 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. What is the proposed time schedule for the development of the site? Provide details regarding phasing if proposed. The applicant is proposing to construct the residential subdivision as a single phase in the fall of 2021. b. Provide documentation to show that you will have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. Upon the applicant completing purchase of the property the development will be initiated in the fall of 2021. c. Explain why, in your opinion, this proposed PUD would be 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. The intent of the Kingfisher Cove Subdivision is to provide a residential project with single- family attached dwellings which will provide Eagle with a product type to meet the policies of the comprehensive plan associated with the area; d. How will 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 will such use not change the essential character of the same area. The development will be harmonious and appropriate in appearance with existing development located within the area since the area to the north is currently developed with a residential subdivision. The applicant will be required to provide a landscape buffer along West State Street located to the north. The development is bordered on the north by West State Street (minor arterial)and on the south by State Highway 44(principal arterial). e. Explain why this development will not be hazardous or disturbing to existing or future neighborhood uses. The development is planned to consist of a mix of commercial and residential uses, it is not anticipated that any uses or activities will be detrimental to existing neighborhoods based on the location and required buffering. Page 31 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc f. Will this development 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? Explain. The development is planned to consist of a mix of commercial and residential uses, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The residential development will be served by a public street (providing access to West State Street) and alleys. The Ada County Highway District has reviewed and approved the public road and access points associated with the residential subdivision. g. How will this development 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 either available to the site or will be as conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense. The tax revenue generated from the homeowners within the subdivision will offset additional costs to public services that will serve this development. ACHD, Eagle Fire, and Eagle Sewer District, have reviewed the proposed development and indicate that capacity exists to adequately serve this development. h. Explain why this 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 sewer, water company, or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. i. Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and any other special features in the proposed development. The development plan was designed with consideration given to usable open space and providing a residential product that is unique to Eagle. The site contains a common lot with a pool and pathways which will provide an area for the residents of the development to recreate. j. Are the vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares? If so explain. Access to the development is provided via West State Street and a combination emergency access/pathway provides a secondary emergency access from West State Street. k. Explain why the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site does not contain any historical features, however, there are existing mature trees. The Design Review Board and City Council will determine if the existing mature trees located within the site will be retained or mitigated for within the site, Also, the applicant has agreed to participate in funding of the Conservation Education Program (CEP). Projects funded with CEP funds must be associated with the conservation or management of natural or cultural resources, or conservation-based education and outreach programs. 1. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. Page 32 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc The proposed development is in accordance with the Comprehensive Plan since the plan encourages high density residential units (up to 10 dwelling units per acre) on the subject property. Also, due to the location of the property between State Highway 44 (principal arterial), State Street (minor arterial) and Ballantyne Lane (collector) and the impacts of the regional roadway system, single family uses should be discouraged The proposed development is 8.54- dwelling units/acre. m. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant requested approval for a development agreement as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Code and conditions of approval of the design review. The proposed development will include single-family attached residential homes within the proposed residential area as proposed and commercial uses within the previously approved commercial area. n. Describe what deviations from standard district regulations are proposed, and explain how the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies the deviation from the standard district regulations. The applicant is not requesting any deviations from the standard district regulations. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-07- 20)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 subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and Ada County Highway District as conditioned herein, there is adequate public financial capability to support the proposed development; e. 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 approval as set forth within the conditions of approval herein. Page 33 of 34 K:\Planning Dept\Eagle Applications\SUBS\2020\Kingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf.doc DATED this 24th day of August, 2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jon P erce, Mayor EST: PG ••• T E '•. • . : xZ • 4%) < : racy E bo agle City Cleilt; a Q' • %.0 C, * S-os. Page 34 of 34 K.Planning Dept\Eagle Applications\SUBS\202000ingfisher Townhomes\Findings\Kingfisher Cove Townhomes ccf doc I: w ,I M�wl. BNe Legend: Preliminary Plat Development Features Nobs IUD e EOM ABLOOM CAP GOON; KE aIF,M15 .e�rxl le LAND a■Mwm. i I r -- AmA� xr¢wIM WE K: �ww. 947 DE m�xlB, B.mroroxol x�5¢B allibemma GROUP P9YMEMVW OrIlm,OWE uFr m 1 EK OAD mi.1LY..1. Ode AC n t, ECM AS MOM OD wHME 51asF01191¢YIOFx1NED ID IDDMi,II BP 1 WO LOT PRODDED Hb GSFMEHm.PE MOrmED DFDIa WIMP SCE a�e.�' �« e;�a �ss Sy, ��. •nw wBxidE.w,rFM e.m a.5D.1 r.DDEv,1,F5. FAKE,up. •OPP SPACE ADD MOM.0005S lat PROPOSED Ew0e0FF O.0 ISI,T,1 L O IlvidA■IIY Aavr■q THAW beW■ sElucx Leff P01151e6 NANO PDMS®MH#L DEMOB eM leeSU E.earrM¢vmrM.Mal a vBbc, r PAW.RC OE..EASEMENTS DLL 111 PROMO .u�nu LOT LEES EvuurolMrirMvaD « ALM {{L .s .10� PROPOSED WEI Mr— M Dimensional Standards R-8 to R-10: r.croF.B¢anr1[1_ ulem '� rM#■ n9 DWI. 7 r.wus -fi sawuFc"' I Swl MDroBFnMESSUESMBFnw,x 5 r.3vxFuas. uBE.xOPHI LK ExmmM THE LOT F.rowuc.mx i ` xM I..re.n■ 5a 1 READ SMACK PUFrI wM.xoFE PPFPDRSIXsfR.cx .w� MMSEDBMmMx rox ISPIDLIEAVP10117 t GufiFD I {,iIIIIeI,1] ]„1 MDMSFDCHxe.cmED AHD ID.erOxwull . row 'ML■Ow1aD T. ] j 1.,N DFiACHabscex.0 YMCA B■[iF1a■X tuff Dir x, b _� H�• POPOSED5D9E1-n1IEDunux ....n PDPrDEMME FJ.,,,ESIE-_:',..,&-SA {MlaaaeeeuYY REPJ iareD ever w teaNIDN111[ wiw.9lm ♦u mD r O AceD Romany Typical Ueda s.e.xa wuubD BASE HARP. e Da, :': r"#w eExcurFn3>EF ExmEnoruowo wl. 2 .. y '8 1Aa,wSFwMw,,,,1.bLL ,wrmw■m »xi - 63 ALSO MBE. DMSFAr¢,#Er1Mr i aa' ew�.1CHAN MLLa roi1M3.xFx�DErorR.w.r�SEramer.R3MEtl LLARD PER v ' Cures Table I: ..srAlEtf• rRm5 a.E uwero Mra D¢r. abDD DDLLxBM I ..DIEDMI BMAmaDDMDD®mM ■. Maa.Db roxSa�wlF 0.PANIC DLL.ALLDwmWDMDID¢�E4,DPD FCC LUle _ m ,ra BOOM earasr ./^" —`� j� t r G°°":¢T�°", « I.B., BMW 53R 31D,4.5.. 111.r IE57010.SExEm5 PPE 5,wwxwx:DxD¢¢,m„FPDm3. ww ` > :e�x I •MrBMaD n r ll t R $s ®':+© \\ I Development Contacts DBr DxEDwM 5.550„wm ..xDroDF lox / i Iv - _ \ , OWNERRl/APPLICANT: 315em coxcurb■rfd,brE DARE ir _ � ANI TS SMALL tE IN w • r a xD1,~.Fss=10x R�;9DIB PC .a.DMe.APPLICALLESU xD.¢m.w ,.,M ~FOP •••/ ••® - I ev r—rI eI __ _\� PD� LANNERR/REP REPRESENTATIVE: us¢ePmuEru E Al DE IMP Of MAP.MDrEvu¢oD DrvwD. r....MC HDeMOD BEIPIACC0111100a venD DE EAGLE O rii _ \\` /`t.fIJ�� p L r M1I„=N r _ _ I. POINT OF BEGINNING OD rvxuc,mac maSFu w,m DE u.1Of DE DEvELOPIIEXIACAS0109 10 Dunxowr.norc. Asmcx,Ec I I/ u ' .� 1, E SHORE I I Honlelm. EA6ul.¢ F of � F,/ ... '® .. - ,� a \ .SEE eu■wbMme.DxewuuwlvMb emxMF nD.D,xFx, ' Ie. • -E1 �' UTILITY SERVICE PROVIDERS: v'-I;b i v7 x lt! l ."-' ,. .4 ,Obi Benchmarks:NAVD 18 Datum O Gw t"'r a 'I IrI I CIF �:� #r �wA x , mEI,E<-2556.10 a, rs n r g n..■•••� '��"r3�� C� �\ D.S.ELIC rERIPOL uPIOASovw.m r ES,s¢FOF5u,E61DFF,CAHO POWER COMPANY V i HrDFuzEOCF,,EDOx,Ms0mlM a _ a� u,: - '_ Ns/i ! t I ;I-r. + I/` �� • ,,.°Fe TDM#t t .BIE050 r 1.Bu,AxnMwl. CO 03 = r a r cn i. l- - —fit--A t— -- . •- - I- • . -E v SIP I II- b - -- is - --~ —- r" ��.e, >„ t. r �;Mr rH ilk ��/ �` wM _ v r _ v -/'r wrF erg�� ®_ - "naaa uaueMn onmbu5■twr € w1FP I m A �_1 t e �`• e!® ,Fe - - _ tt ^— "— 1 1i"iiiiianIIIIIIII 1111 Is!■7!r••!e!.!L_!I!!!! Der` !• 'e!, iti m !l1fl!!!!!!!!!!a!!!!! !11l!D1El�B_._ seraarx sees �,, wt - - _T� 4,— , �' " _vFseM .ccEssn.11rir -=' • 304D1 mbnn0x MENEx ¢aEWPiacssM r-.`r' A D 50,1191195019170 0FORBADMxm wwwmx - __ E.vsFwx,wDeuuxm[uHll _ ____ 4. *rim mr,44 u1cMMImJ p e O 5ewvlsw nur _ ___ 1 B, ■■nnlm a IL!? 'b # Ms1,� E Irouvm w E r.c ism 5 o.Di"D.wwl>nPEA PwuDis'E'�" la +! BUFPEt«`a.Ms`01Dole jra x��.�.e i 3 Heavy Duty Concrete Paving SA SA or^Preliminary Platen,tj , Preliminary Plat 03*Re S.105.11 HI PP1.00