Loading...
Findings - CC - 2021 - CU-02-21/PPUD-02-21/PP-04-21 - Arvory Crest Sub BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR ARVORY CREST SUBDIVISION ) FOR FS ONE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-02-21/PPUD-02-21/PP-04-21 The above-entitled conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their action on August 24,2021, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: FS One, LLC, represented by David Sterling, P.E., with T-O Engineers, is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Arvory Crest Subdivision, a 249-lot (231-buildable, 18-common) residential planned unit development. The 80.20-acre site is located on the southeast corner of West Floating Feather Road and State Highway 16 at 1252 North Highway 16. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall, at 6:00 PM, on Wednesday, October 21, 2020, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on January 8, 2021. A revised preliminary plat and development plan was received by the City on April 27, 2021. A revised concept plan was received by the City on June 24, 2021. A second revised preliminary plat was received by the City of Eagle on July 7,2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on February 19, 2021, 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 July 1, 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 28, 2021. The site was posted in accordance with the Eagle City Code on July 8, 2021. 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 August 5, 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 August 3, 2021. The site was posted in accordance with the Eagle City Code on August 4,2021. Page 1 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc D. HISTORY OF REVELANT PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned Community(A-09-05/RZ-13-05/CU-1 2-05/PPUD-13-05/PP-0 1-06). On July 14, 2009, the City Council approved an annexation and rezone with development agreement for Eagle Sports Legends Investments #2, LLC (the subject property was recognized as an expansion parcel within the development agreement associated with the Legacy Planned Community[Ada County instrument#106161990])(A-03-09/RZ-03-09). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood R-2-DA(Residential Vacant parcel(Agriculture) Residential with a development agreement) Proposed No Change No Change Residential subdivision North of site Neighborhood RUT(Rural-Urban Single-family residence and Residential Transition—Ada County agriculture designation) R-2-DA(Residential Vacant parcel(Agriculture) with a development agreement) South of site Neighborhood RUT(Rural-Urban Single-family residence Residential Transition—Ada County designation) Single-family residential R-2-DA-P(Residential subdivision(Snoqualmie with a development River Subdivision No. 4) agreement—PUD) East of site Neighborhood RUT(Rural-Urban Single-family residence Residential Transition—Ada County designation) Vacant(proposed R-2-DA-P(Residential Snoqualmie Basin with a development Subdivision) agreement—PUD) West of site Mixed Use(Star R-3-PUD-DA Approved subdivision(Rosti designation) (Residential—PUD— Farms Subdivision under with a development construction) agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA or DSDA. Page 2 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021 Wrvory Crest SubWrvory Crest Sub ccf doc H. SITE DATA: Total Acreage of Site—80.2-acres Total Number of Lots—249 Residential—231 Commercial—0 Industrial—0 Common— 18 Total Number of Units- 231 Single-family(detached)—66 Single-family(attached)— 165 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.88-dwelling units per acre Up to 3.00-dwelling units per acre maximum (pursuant to the executed development agreement associated with the Legacy project) Minimum Lot Size 3,800-square feet 3,800-square feet (minimum) Minimum Lot Width 40-feet 75-feet(minimum) Minimum Street Frontage 25.34-feet 35-feet Total Acreage of Common Area 25.79-acres 16.04-acres (minimum) Open Space Percent of Site as Common Area 32.1% 20% Open Space Except that, according to ECC Section 9-3-8(C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. GENERAL SITE DESIGN FEATURES: Landscape Screening: As required pursuant to Eagle City Code Section 8-2A-7(J)(4)(a-c) and Condition of Development #3.11 of the executed development agreement (Ada County instrument #2018- 030159), the applicant will provide buffer areas located along State Highway 16, West Floating Feather Road, and North Hamlin Avenue. Page 3 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc Open Space: A total of 25.79-acres (32.1%) of common area open space (18-common lots) is proposed within the planned unit development. The preliminary plat and development plan, date stamped by the City on July 7,2021, shows a centralized 1.21-acre common area open space(Lot 1,Block 4)that features a community pool with changing rooms, two (2) pickleball courts, and community parking in proximity to the pool and pickleball courts. The preliminary plat and development plan also shows a 4.72-acre common area open space located at the northwest corner of the development which will contain a community dog park and community park. Several of the common open space areas contain pathways which provide interconnectivity throughout the development. 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 and development plan, date stamped by the City on July 7, 2021, notes the required public utility, drainage, and irrigation easements. The rear lot line and interior side lot line easements have been reduced in width to allow for the reduced setbacks. The applicant is required herein to place all utilities underground. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The water system will be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon completion by the applicant and acceptance by the City. On-site Septic System(yes or no)—No. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN(based on the preliminary plat, date stamped by the City on July 7, 2021): Public Streets: - '( 1 ) HI A OR RI¢IT-0I-YVsv �rJ. (�-,�n WA.L -MI CA P RiG mop 1 ,AND9C - L•ENdl. j�Y Lwff�NC vETI CURB..,D CUTTER VERTCAL CV A RB 40 OUT-Eu T LA�„I `F 1r 75i ' ASRMAI,TIC FAV EARN ]'-Mr,L 5 cRUENE0 PA'•F1 E-WOWS PIT RI VI COEP.CTe0 STALE SLOGR"OE (.NOT TO HAMLINSCALE AVE58NR3rT STREafET-w5T SECTION - Page 4 of 23 K:\Planning Dept'Eagle Applications\Preliminary Development Plans\2021\Arvory Crest SubArvory Crest Sub ccf doc td NOT TO SCALE-Of RICA T.OF-LNAv t d9'RItr7T-DF'NAY S _ 33 0 5aa 'fett) C 3 14A1 . 14A1 r B 5' 3 qEV&A 0140 8CAa .CANDBCAPEtgEN'AL? Y LANONO ROLLED CURB ANp GUTTER I ROLLED CURB AND GUTTER 7 L.AM3INC I Jrr 1 mammon., AMARAL TIC PAVEMENT Y4-MERI.tS CRUSLEA URAVEt 4-MAWS PIT RUN COMPACTED STAPLE SuSOR' AOE rwA TYPICAL LOCAL STREET SECTION N4J NOT TO SCALE-43 a1W T.OF-nA T $ 6 14 R4L4 + {If is-RIGHTCP-WAY ¢ a ncr; 1 I _ XM N' l i1Q.p'.. If 2 7"DV } 21AO 2 g q DE:WALI(It4re6CAPS I l w/ .... K I'UNp7G VERTICAL CURD AND COTTER'VERTC L GJRS AND CUTTER OJT 7_4,24gNCs ASFMAL,TIC PAVEMENT ].4'MI'ILe CRUSHED DRAWL 4-MINUS PTT RLN COMPACTED STABLE SUDGRADE cW ROSTI FARM STREET(FUTURE FLOATING FEATHER ROAD}SECTION NOT TO SCALE-N REHr.cr-WAY VZSV NOT T0.4"..ALE-Oi RIGHT[7FiIAY ER?F'SCU1,O.4R+' RIp1T OF WAY yAREIS YJ.-Ppop �/''�AS►MENT IW 2S•NCHT-OF-NAr ,." T� vAAE14 LANDSCAPE BUFFER 19' cc IS S 4„ DSCAPE ,iou.nt• ti 41* VERTICALIICORB i CUTTER b "R., 4ERM • DRAINAGE SHALE ASP NAL..TIC PAVEMENT 14-MINAS CRUSHED GRAVEL r MINUS PIT RUN COMPACTED STABLE ST SORm3E ®EXISTING FLOATING FEATHER HALF STREET SECTION NOT TO Ans.F-1.2 5U RIOHT-OF-MAS FROM CENTER OF ROAD Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None proposed. Cul-de-sac Design:None proposed. Sidewalks: The street sections shown on the preliminary plat, date stamped by the City on July 7,2021, show detached 5-foot-wide concrete sidewalks(separated by an 8-foot-wide curb adjacent planter strip) on the south side of West Floating Feather Road,North Hamlin Avenue, and the local streets. The 5-foot-wide sidewalks and a 2-foot landing is located within the proposed right-of-way on both sides of all local streets. The street section for West Rosti Farms Street (Future Floating Feather Road) shows 10-foot-wide sidewalks (separated by an 8-foot-wide curb adjacent planter strip) on each side of the street. Page 5 of 23 K.\Planning Dept\Eagle Applications'Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN CIRCULATION: Pedestrian Walkways: The preliminary development plan, date stamped by the City on April 26, 2021, shows several 10-foot-wide HOA, community, and public pedestrian pathways providing interconnectivity throughout the subdivision. The HOA pathways are located within Lot 6, Block 1, Lot 21, Block 3, and Lot 36, Block 4. A 10-foot-wide community pedestrian pathway is located within Lot 1, Block 7. The public pedestrian pathways are located within Lot 1, Block 2, Lot 2, Block 8, and Lot 44, Block 9. Lot 21, Block 3, also contains a 15-foot-wide shared irrigation gravel access road and pedestrian pathway. The applicant will be required to dedicate the public pedestrian pathways and associated easements to the City of Eagle. L. PUBLIC USES PROPOSED: The proposed subdivision contains pathways which will be dedicated to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—portions of the northwest corner of the site is located within a Zone "A"Area of Special Flood Hazard as identified on FIRM Panel#16001C0130J. Mature Trees—no Riparian Vegetation —yes — see Wetlands Review Letter, Preliminary Plat, date stamped by the City on January 8,2021 Steep Slopes—no Stream/Creek—yes—irrigation canals Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown Page 6 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: The applicant has provided a Wetlands Review Letter, Preliminary Nat Application,date stamped by the City on January 8, 2021 (attached to the staff report). The document indicates that a wetland delineation and jurisdictional determination from the U.S. Army Corps of Engineers will need to be carried out to verify wetland boundaries and jurisdictional status. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. City Engineer: All comments within the City Engineer's letter dated May 10, 2021, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated April 20,2021,are of special concern(attached to the staff report). Ada County Highway District Ballentyne Ditch Company Central District Health Department COMPASS(Communities in Motion 2040) Department of Environmental Quality Eagle Fire Department Idaho Transportation Department Middleton Irrigation Association, Inc./Middleton Mill Ditch Company Marathon Pipe Line, LLC West Ada School District Q. LETTERS FROM THE PUBLIC:None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant provided email correspondence, dated July 12, 2021 (attached to the staff report), indicating the horizontal improvements will be constructed in one phase. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 7 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021 Arvory Crest Sub\Arvory Crest Sub ccf.doc 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: 6.3 Land Use Designations: The Comprehensive Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per acre. 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. Page 8 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\rvory Crest Sub ccf doc 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. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. D. FLOOD CONTROL CODE WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards: Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in section 10-1-6, where no base flood elevation(BFE)data has been provided by FEMA,the following provisions, in addition to the provisions of section 10-1-8-2 and section 10- 1-8-6, shall apply. The BFE used in determining the flood protection elevation(FPE)shall be based on the following criteria: 3. All subdivision, manufactured home park, and other development proposals shall provide base flood elevation(BFE)data if development is greater than five(5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with section 10-1-6 and utilized in implementing this Page 9 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc chapter. The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision(LOMR)prior to any building permits for structures being issued. E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4.1 Residential Development 3.4.1.3 Pursuant to the Second Modification, no further townhouses were permitted to be developed on the Original Property it being understood that townhouse acreage that otherwise would have been available for development on the Original Property could be utilized in the future development of the 78.1 acre parcel annexed by the Development Agreement Addendum, Instrument No. 10912933 (the "Expansion Parcel No. 1"). As prescribed in the Second Modification, the total number of townhouses developed on the Original Property and the Expansion Parcel No. 1 shall not substantially exceed 20% of the aggregate dwelling units allowed. Nothing herein shall be construed to increase the permitted density on either the Original Property or Expansion Parcel No. 1. 3.4.1.4 Minimum street frontages for lots and setback distances for residential units in the Owner's Remaining Property shall comply with the requirements set forth in the below table: Setbacks Product Approx. Lot Size Fronta e' Type pp g Front Rear Interior Street Side2 Side 8 ft from property line or back of sidewalk Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft 5 ft3 10 ft greater for living space; 20 ft for the garage 15 ft from Patio 5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft 20 ft from garage Custom 8,000-11,999 SF 30 ft 20 ft 25 ft 5 ft 20 ft Estate 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft 17,000SF+ 35ft 30ft 30ft 10ft 20ft 1 The minimum street frontage for all flag lots is 20 feet. 2 Additional five feet per story setback for multi-story structures. 3 No setback applies to the interiors of connected dwelling units. Page 10 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub cc£doc 3.4.1.5 The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed 75% of the main floor's square footage, inclusive of the garage area. 3.4.1.6 Patio homes located on corner lots (any street classification) are limited to a 25 foot maximum height. (Common area lots on corners do not extinguish this requirement for adjacent patio homes.) 3.4.1.7 Patio homes located on other than corner lots may be two stories, but shared driveways should be incorporated to provide a variety of appearance. 3.4.1.8 Townhouse groups are limited to five attached units. 3.4.1.9 At least 50%of all dwelling units shall abut open space. 3.4.2 Expansion of Planned Unit Development. An approximately 78.13 acre parcel became subject to the Development Agreement pursuant to the Development Agreement Addendum, Instrument No. 109129733, records Ada County, Idaho ("Expansion Parcel No. 1"). Expansion Parcel No. 1 and the remaining Expansion Parcels remain subject to all terms and conditions of the Development Agreement. In particular, Section 3.4.2 of the Original Development Agreement, Instrument No. 106161990, continues in full force and effect as it pertains to the Expansion Parcels. 3.4.2.3 Upon annexation of one or more of the Expansion Parcels into the PUD, such annexed property shall be granted a development density of 2.2 units per acre. In addition to such density, an overall development density of up to three units per acre may be granted at the time of preliminary plat approval based upon(a)the overall design and integration of open space as designated in Section 3.4.2.4 of this Agreement and demonstrated in the preliminary plat application,and(b)Applicants' assignment and transfer for use in such Expansion Parcels of one or more of the 1,373 residential dwelling units approved by the PUD for development on the Property. With and upon each such assignment and transfer,the maximum allowed density of development on the Property shall be reduced by a like number as transferred to the Expansion Parcels. 3.4.2.4 All Expansion Parcels shall provide a minimum of 15%open space, with each such parcel including at least a 1.5 acre neighborhood park. A minimum of 60%of the open space shall be"Active Open Space,"with the remainder being"Passive Open Space." (Active Open Space shall be defined as neighborhood areas that provide gathering areas for active recreation(e.g., open fields, swimming pools,tot lots, and trails);Passive Open Space shall be defined as neighborhood areas that provide a combination of linear open space and scenic features(e.g., ponds,berms, and view corridors). 3.9 Owner shall provide a report or analysis of any proposed changes to wetlands located on Owner's Remaining Property,and any such change shall be contingent upon approval by the applicable state and federal agencies, along with Eagle, and be in accordance with Eagle's Comprehensive Plan and Eagle City Code. Owner agrees all development and improvement of the Owner's Remaining Property shall comply with all laws and regulations pertaining to regulated wetlands. 3.10 Owner shall comply with all rules, regulations, and ordinances of Eagle except as otherwise provided herein, including but not limited to applications for development permits as required by Eagle City Code Title 10(Flood Control). Page 11 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc 3.11 Owner shall provide an on-site tree lined landscape strip along State Highway 16,Linder Road,Floating Feather Road, and the east/west collector and Palmer Lane,which landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit E attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and pathways, shall be reviewed and approved as required by the applicable provisions in the Eagle city Code and as set forth below: 3.11.1 A 75-foot-wide landscape strip along State Highway 16 shall include a minimum ten- foot-high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. All buffers should be located outside a 150-foot setback from centerline for right-of-way dedication to the Idaho Transportation Department (the "ITD"). 3.11.2 A 50-foot-wide landscape strip along Linder Road and Floating Feather Road shall include a minimum eight-foot-high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. 3.11.3 A 35-foot-wide landscape strip along all collector roads on the Owner's Remaining Property, including Palmer Lane, shall include a minimum of five-foot-high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. 3.14 A new north south collector road shall be constructed in lieu of the typical ITD frontage road at a minimum distance of 1,000 feet from the right-of-way dedication for State Highway 16. 3.16 In all single-family attached dwelling units, first floors and common walls between units shall be insulated to mitigate transfer of noise between the floors and between units. The insulation method shall be reviewed and approved by Eagle's Building Official prior to issuance of building permits. 3.18 Owner shall obtain a license agreement from the ITD and/or the ACHD to allow the right-of- way between the Owner's Remaining Property and the edge of pavement along State Highway 16,Palmer Lane, Linder Road,and Floating Feather Road to be landscaped by the Owner, if such an agreement is approved pursuant to Eagle City Code. 3.19 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be consistent with Eagle's Comprehensive Plan and be approved by Eagle prior to or concurrently with approval of the preliminary plat containing such pathways and access. F. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on July 7, 2021, (preliminary plat) and April 26, 2021 (preliminary development plan) and the executed development agreements, Ada County Instrument#106161990 and#2018-030159): • The property where the proposed Arvory Crest Subdivision planned unit development is located is identified within the original Legacy development agreement as an expansion parcel. The permitted density of the development is 2.2-dwelling units per acre, however, a density of up to 3.00-dwelling units per acre may be permitted based upon (a) the overall design and integration of open space as designated in Section 3.4.2.4 of the executed development agreement is demonstrated in the preliminary plat application, and (b) the owner of the Legacy development assigns and transfers for use in such Expansion Parcels of one or more of the 1,373 residential dwelling units approved by the original Legacy development. As proposed, the number of lots, density of the development, and open space is in conformance with the executed development agreement. Page 12 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc • The applicant has provided a Lighting Plan, date stamped by the City on July 7, 2021, which identifies the locations and styles of the proposed lighting. The Lighting Plan shows three (3) locations without streetlights where pedestrian pathways intersect the street. The three locations are as follows: o Lot 45, Block 2,where the pedestrian pathway intersects Future Floating Feather Road o Lot 44,Block 9,where the pedestrian pathway intersects Future Floating Feather Road o Lot 21, Block 3, where the irrigation gravel access road and pedestrian pathway intersect North Hamlin Avenue The applicant should be required to provide a revised Lighting Plan showing streetlights located at the following locations: o Lot 45,Block 2,where the pedestrian pathway intersects Future Floating Feather Road o Lot 44, Block 9,where the pedestrian pathway intersects Future Floating Feather Road o Lot 21, Block 3, where the irrigation gravel access road and pedestrian pathway intersect North Hamlin Avenue The revised Lighting Plan should be submitted prior to submittal of a Design Review Application. • This application has a conditional use permit associated with the planned unit development. Pursuant to Idaho Code Section 67-6512(d) and Eagle City Code Section 8-7-3-5(D)(6) upon granting of a conditional use permit, conditions may be attached to said permit which may include provisions for on-site and off-site public facilities or services. The Idaho Transportation Department (ITD) provided correspondence, date stamped by the City on May 7, 2021, which indicated that ITD has completed their review of the Traffic Impact Study (TIS). Based on the TIS review ITD is requesting the applicant contribute $89,608 for their proportionate share for future improvements at the intersections of SH-16/West Floating Feather Road and SH-44/North Palmer Lane. The applicant should enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant should be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to issuance of a building permit, whichever occurs first. • The applicant provided a Wetlands Review Letter, Preliminary Plat Application, date stamped by the City on January 8, 2021, which indicated that a wetland delineation and jurisdictional determination from the U.S. Army Corps of Engineers will need to be carried out to verify wetland boundaries and jurisdictional status. The applicant should provide a report or analysis of the wetland boundaries and any proposed changes to wetlands located on the Property. The report or analysis should be reviewed and approved by the U.S. Army Corps of Engineers prior to submittal of a final plat application. A portion of the northwest corner of the site is located within an Area of Special Flood Hazard "A" zone as identified on the Flood Insurance Rate Map (FIRM) panel #16001C0130J. The applicant has submitted a Conditional Letter of Map Revision (CLOMR) associated with the subject area. Also, the applicant is required within the development agreement to comply with Eagle City Code Title 10, Flood Control; therefore, the applicant will be required to submit a letter of map revision(LOMR)prior to the issuance of any building permits. Page 13 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 19, 2021, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION(Granicus time 04:33:05): Upon closing the public hearing,the Commission discussed during deliberation that: • The proposed subdivision is designed in conformance with the executed development agreement. • The applicant is in agreement with the staff recommended conditions of approval. COMMISSION DECISION: The Commission voted 4 to 0 to recommend approval of CU-02-21/PPUD-02-21/PP-04-21 for Arvory Crest Subdivision for FS One, LLC, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated August 2, 2021. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on August 24, 2021, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the application was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve CU-02-21/PPUD-02-21/PP-04-21 for Arvory Crest Subdivision (Exhibit"A") for FS One,LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat, whichever occurs first. 3. The applicant shall comply with the conditions of development associated the RZ-13-05 and RZ-13- 05 MOD 4(Ada County instrument numbers 106161990 and 2018-030159). 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). Page 14 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Arvory Crest Sub\Arvory Crest Sub ccf doc 5. Provide a revised Lighting Plan showing streetlights located at the following locations: o Lot 45, Block 2,where the pedestrian pathway intersects West Rosti Farm Street(Future Floating Feather Road). o Lot 44, Block 9, where the pedestrian pathway intersects West Rosti Farm Street(Future Floating Feather Road). o Lot 21, Block 3, where the irrigation gravel access road and pedestrian pathway intersect North Hamlin Avenue. The revised Lighting Plan shall be submitted prior to submittal of a Design Review Application. 6. The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant shall be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to the issuance of any building permits, whichever occurs first. 7. Provide a report or analysis of the wetland boundaries and any proposed changes to wetlands located on the Property. The report or analysis shall be reviewed and approved by the U.S. Army Corps of Engineers prior to submittal of a final plat application. 8. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's Pathway Recommendation,dated April 20, 2021,prior to the City Clerk signing the final plat. 9. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3) building elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, and 6) proposed style of fencing. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development plan and final plat applications. 10. 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. 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. 11. 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 or private lots (unless approved for removal by the City Council) shall be provided prior to the submittal of a fmal 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. 12. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site. The fmal plat shall contain a plat note referencing the ACHD license agreement and associated Ada County instrument number. Page 15 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub cc£doc 13. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 14. Provide documentation from the subdivision contractor indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 15. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on-site. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 16. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 17. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Arvory Crest Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Arvory Crest Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. 18. Arvory Crest Subdivision shall remain under the control of one Homeowners Association. 19. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." 20. All plat notes that are required on the preliminary development plan/preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 21. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Arvory Crest Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the fmal plat. 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. Page 16 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021Arvory Crest Sub\Arvory Crest Sub ccf doc 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 fmal 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. 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 fmal 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 fmal 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 fmal 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 fmal 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. Page 17 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccfdoc 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 fmal 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 fmal plat by the Eagle City Engineer. 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 fmal 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 fmal 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 fmal plat. Page 18 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc 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 fmal 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 the Eagle 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. 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 fmal 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 fmal plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 19 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc 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. 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 fmal 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 conditional use permit, preliminary development plan, and preliminary plat (CU-02-21/PPUD-02-21/PP-04-21) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Arvory Crest Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance with the executed development agreement associated with the site; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Arvory Crest Subdivision is designed to be harmonious with the Legacy development of which it is an expansion parcel and designed to be in conformance with the executed development agreement associated with the site; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Arvory Crest Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity; and Page 20 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021 Arvory Crest Sub\Arvory Crest Sub ccf doc d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Arvory Crest Subdivision will be served by West Rosti Farms Street (Future Floating Feather Road),North Hamlin Avenue (designated as a collector) and an internal street network; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Arvory Crest Subdivision will be served by West Rosti Farms Street (Future Floating Feather Road) and North Hamlin Avenue. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 32.1% of open space. The common lots will include a 1.9-acre community park, pathways, pool with changing rooms, recreational courts, and a dog park, for use by the residents; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub streets to the adjacent undeveloped parcels to the east and which will provide intra-neighborhood connectivity. Access to the development will be provided from West Rosti Farms Street (Future Floating Feather Road) and North Hamlin Avenue. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Although no scenic or historic features of major importance exist on site the development will result in the loss of productive agricultural ground. However, the applicant has agreed to participate in funding of the Conservation Education Program (CEP) to mitigate for the loss of productive agricultural ground. 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; and Page 21 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Arvory Crest Sub\Arvory Crest Sub cc£doc j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the comprehensive plan since the plan calls for Neighborhood Residential and will provide a variety of housing types to accommodate residents with varying lifestyle needs;and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. The applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 32.1% of passive and active open space. The applicant is required to provide amenities (1.9-acre community park, pool with changing rooms, recreational courts, and a dog park) to provide the residents living within the development recreational opportunities. Pathways will provide the public safe and efficient ways to move through the development. The project will also generate park impact fees to be utilized for the Page 22 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub'Arvory Crest Sub ccf doc creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Arvory Crest Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Arvory Crest Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately $78,437.00/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 14th day of September,2021. CITY COUNCIL OF THE CITY OF EAGLE Ada Co7117, — son ierce,Mayor ,11:: : AT EST: •••��au,u,.... • . .•• F EACH • Tra y E. o ,Eag e City Cly�r�;o�Q , . • ,,,N Ai o :7 I..• s•�nUlt OQ. .• ....• • Page 23 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Arvory Crest Sub\Arvory Crest Sub ccf doc at PRELIMINARY PLAT AND DEVELOPMENT PLAN FOR 6 PRELIMINARY PLAT NOTES ���� �•��le�� +P nr ARVORY CREST SUBDIVISION E WISER IPRISATION ANO STREET LP.,OM..1.0.002/FEET.... _ �■�: S r`' A PORTION OF THE SE 1/4 OF THE SE 1//OF SECTION AND SW 1/4 OF THE SW 1N OF SECTION 3 AND NE 1/4 OF THE NE t 11OF SECTION 9 I JCODE LOT. TOWNSHIP!NORTH,RANGE 1 WEST,BOISE MERIDIAN .: m ANDO.DRAM. ADACOUNrCIDAHO �- °,. aA °f RH 2021 ■11 •,• oN.nC� AND.DT ii M. �r�i' emu.. .® 3 3 Y RECODRmAD DDDmr —r..,,wssEwa r '�` I °�°' I �t 3 111.11 �' ` ` ROW.CAMP.DIOCBSE OE MM. MOW LOill1,1 L. CITY Z..ORO...AT T.TIME Of T..SUANCE OF A BUR..PER. • . o p ...ERN.«« F...N.«,. «A.'r........Nlue!Lulea No �=I ' DS.A.Mg,NxN AND my R EARNS — —_ Y Q,0..4nNG FEATHER R1, ..- _ _ ___._.__-- - .,� I■■1 `T�1. ... ANY REd....OF KIOSK.011.0.COMP.0111.CITTOODE IN EFFECT ,,Th k �— A - VICINITY MAP Da ,Im.r«N.. . „J...,_2=12 r« TD OE DD«EN th r • i N.DRA«AW - �PMASE 3HOT TO SCA. LATERAL. xwr«umn ril _ L..... 1) c _ R NRNATaw ORE. -- w COMPANY 10,10 CO.1.4..LOTS PTO.ry THIS vo/�O`� �m ��- I'- 111B Sheet UM Table RE A. . �000.. . onnot RNNATN. NORICULtURAI PAC...EWAN..THEREOF SHALL BE OR BECOME A NUISANCE P.A.OR PUBAC.eV ANA CANNO.C.O.ON IN OR ABOUT TEE 14.11.1. E. 1.1.1BASNEY PLAT MST Cr �t5E5 OPERATION FOR MORE THAN.E11.EARANNIEN TUE OPERA...RAC.,OR .Tu.Nw I .11111 ° I IN I PHASE! WLeN`~ rnunr A 6 _.. , / //I/' umEN.vI° t TER To a PROVIDED BY THE CRY m EAGLE...FAL.T. --- i. I:( i —.. �, -/ .R r II.SANITARY aeArnsExrxETDEN.RDhDED e.THE EAGLE FEE«nDENTNDT. — INN. p ,,..., nvoNNsv.Rn TOTNETEwAS--DITws m THE IC. ^"N8°^" cwRu,Rry crunTER Pon Amonr CREST.RE<mmoA.«nN.ANrt xo. v PHASE2 t� "'"'• uD T:mT.p cox°rtNxa \ I LAND USE SUMMARY SITE DATA Di It 11..1,0=irgATITI,SZSTEr..SHALL BE 0..AND„ 49 I( 1111111117 ., ND,u«Eo::TM: Ailligginill 1 o _ wT. DP...F..R.. ...D .WEN m. LT NcFTAT11EN 0.0PD1 PV ttau I 11RR��n eexNMx z Ncr WROSTIF....• IF�T 1 . °SUBJECT TO TIE rewnoERDNO uoENRE CDnEENENr ° r _ �"� I ,. «<n .,ENE. E. DAM STE01.0 LNEN«EK IPATER UST.. MBlTRxI N.Twm DIAL • III IP: r 1 ' ,T4N'O L'="BlI'n,'172=0."fk'E'L'Oi..°,:.11'E=11;0rT,..0.'" 711\E DRDED As I�� Aa.ow MP �v r �n�osa.z�r ADA COL..UMW.C T.. ACIP rUNSUAXT TO S.M.STORY . r o � 00 NN o j Pa THE OPERA...AND Ex@cie THE sox w.DNA... r«wool / SETBACK TABLE LL SYO, ;mx W.ArETDaE ��� o0��°00�., - Tag---- ��� N I., ..T ,DPr g \). I AREA AND LOT SUMMARY a CO 0 , STANDARD LEGEND ri CDNITROCTEDIN THE FUTURE n 41114,1 00 ;� �\ ��`II PATS BAN-,AWN IQ, N ENE ID Pr nn Es Fr g — 1 arrow SE������ �� ��`, ESTATE w>F N T EN.DPx .AAA 0 STREET RIONT.F.,--- I/���n� _ ,•w..m� ��.DE.n«.�.wr. nP�00 TOTAL Lon .0.1.101.1.210.1.1.1. ,,.FNv..F,.d.a,d.P.n�naE o CO w Le RDPoe°tot.°cum I vEoPD.EDEDGEOFgvE«ENT •�-- R-2414.1 „�,�,,,,, o co —� PRDPo,EDE�EOP�«rEE v —g— ...0EDSEN,ER.NE nD D ED wrRnE«E„, cn Ce »NDMgFNAT RN..P z W > m �EATAE °R:NDa EnfNnG END::a I ram. N o a tx 6 — _ TM ... DaG E a NGUTTER t xw.wR.Nm N UN E DN xE / ER,�"" N°N. I- U U oE.g.WO.CONTOUR '123 L.gg I MM..0 .G _1 `I a .`" `_ ri F.a DJ 11 } rt Ow B w corxrEne emu ES mote.°tee event. W ROSTI FARM STREET(FUTURE FLOATING FEATHER ROAD)SECTION AK RNC COMPACTED ST..R uwEN�HAMLIN AVESTREETSECTION .NN©NmrD acuEwna.•wr r EB.O. 6 gm L.....0.......,r I S -- Nartorrnr a Ra -i w. 1 Z I�L i m vARNs,,rnaxRTr wua.r /*�F'�nuN uno.cnPE D.F. a .110.0SED PRESSURE MIPATION DEAN a — �DF' OENS D. E _RO..E°W W. ..,.°.u..AN.aTT r u D FI N..s.� 1. D e N.;x a Ifs + . N. ATTENTION _ / r CWT.,R _ E.- 1 xE.TI�yAI�DDTT _ V THY ME 00ESNOT Li... ❑ Fm N,R E EN rN J��II \ 0,0 NOT �N • - ulcwTEOFDrn rvrACTmsrANR su.aA•a Jo LLLOCAL STREET SECTION OEXISTING FLOATING FEATHER HALF STREET SECTION POW ` ,aTro.�,EezNrR,TaF.,Rr „DrrDE><,EEE-,,,,eNDITT «..rPRDIA«NTEnD.RDAD ENF�. C1.OI