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Findings - PZ - 2021 - A-06-21/RZ-10-21 & PP-12-21 - Pescara Estates - Pescara Estates BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT(RURAL URBAN TRANSITION—ADA ) COUNTY DESIGNATION)TO R-E-DA ) RESIDENTIAL-ESTATES WITH A ) DEVELOPMENT AGREEMENT)AND ) PRELIMINARY PLAT FOR THE PESCARA ) ESTATES SUBDIVISION FOR 801 BTH,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-21/RZ-10-21&PP-12-21 The above-entitled annexation, rezone with a development agreement, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on September 20, 2021, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, 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: 801 BTH, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with a development agreement), and preliminary plat approvals for Pescara Estates Subdivision, a 10-lot (8-buildable, 2-common [1-private road]) residential subdivision. The 16.36-acre site is located on the south side of East Beacon Light Road, approximately 630- feet west of the intersection of East Los Luceros Drive and East Beacon Light Road at 801 East Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the subject property at 6:30 PM, Wednesday, April 14, 2021, in compliance with the application submittal requirements of Eagle City Code. The applications for this item were received by the City of Eagle on May 27,2021. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission were published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 27, 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 30, 2021. Requests for agencies' reviews were transmitted on June 15, 2021, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on September 01, 2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: All applications are inclusive within. Page 1 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Estate Residential RUT(Rural-Urban Transition Single-Family Dwelling —Ada County designation) and Agricultural Proposed Estate Residential R-E-DA(Residential-Estates Single-Family with a development Residential Subdivision agreement) North of site Agricultural/Rural RUT(Rural-Urban Transition Single-Family Dwelling —Ada County designation) South of site Estate Residential A-R(Agricultural- Single-Family Residential) Residential(Los Luceros Acres Subdivision) East of site Estate Residential A-R(Agricultural- Single-Family Residential) Residential (Los Luceros Acres Subdivision) West of site Estate Residential R-E-DA(Residential-Estates Single-Family with a development Residential agreement) (Springhaven Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA. H. SITE DATA: Total Acreage of Site— 16.36-acres Total Number of Lots- 10 Residential- 8 Commercial-0 Industrial-0 Common—2(inclusive of one(1)private road) Total Number of Units- Single-family - 8 Duplex-0 Multi-family -0 Total Acreage of Any Out-Parcels—0-acres Page 2 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 0.50-dwelling units per acre 0.50-dwelling units per acre maximum(as limited within the development agreement) • Minimum Lot Size 1.80-acres 1.80-acres(minimum) Minimum Lot Width 200-feet 70-feet minimum Minimum Street Frontage 115-feet 35-feet minimum Total Acreage of Common Area 0.33-acres 0-acres Percent of Site as Common Area 2.02% 0% GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat shows a 50-foot-wide common lot with improved landscape screening and a 5-foot-high berm within Lot 2, Block 1, adjacent to East Beacon Light Road to the east of the private street(Lot 1,Block 1)and the project entry. Open Space: The proposed subdivision, as proposed, will provide a total of 0.33-acres of common area which is inclusive of the parkway planter strips. 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 indicates that all rear lot lines will include a 12-foot-wide rear property line easement and that all side lot lines contain a 6-foot-wide utility access easement. Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Eagle City Code section 9-5-3-8 requires all new service utilities to be placed underground. Fire Hydrants and Water Mains: The preliminary plat includes a total of four (4) fire hydrants; one (1) at Beacon Light Road and three (3) along the proposed private drive (South Pescara Lane). Fire hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System: As proposed, all lots are to be served by individual septic systems in accordance with Central District Health Requirements. Page 3 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc Preservation of Existing Natural Features: No existing trees or natural features on site are specified for preservation. Aerial imagery, dated April 2021, shows mature trees exist to the south of the existing residence and as a windbreak along an east-west plane approximately 700-feet from the northern property line. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: i C gl 25 8 1 bit[ 40' ti16F1f-CF-#4Y 19.5' EASEMENT 4i 11 F 10' SIDEWALK 1 5' 5E 17' 3' 8' 12' - 1.5' J 2 1 GRAVEL SHOULDER 1.5% ge ASPHALTIC PAVEMENT 7 3/4. MINUS CRUSHED GRAVEL 3' (MIN.) FILTER SAND - 6- MINUS PIT RUN 3' (MIN.) OF 6' M:NUS PIT RUN GRAVEL I- 2' TYPICAL ARTERIAL STREET HALF-SECTION - DETACHED SIDEWALK N')T TO SCALE - 40' RIGHT-OF-WAY 42' PRIVATE ROAD (LOT) 21' 21' Al/ ,, 6` 15' 15' 6' EASENDIT 12' 2' 13' J 13' 2' 12' t 6 CCNCREfE R::CN CURB CONCRETE RIBBON CURB 6' Is - 3 4 2% 12!EmPill 1 SX t2Ufacy— _ go tr;_:. ASPHALTIC PAVEMENT r 3/4-MINUS CRUSHED(RAVEL COMPACTED STABLE SUBGRADE M 6'MINUS PIT RUN PRIVATE STREET SECTION - DETACHED SIDEWALK NO PARKING NOT TO SCALE - 42' PRIVATE ROAD (LOT) Page 4 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 42' PRIVATE ROAD(LOT) 21' 21' I .. 6' 15' 15' 6' 1 EASEMENT 12' 2' 13' ' 13' 2' it MATCH IX'SDNG B CONCRETE RIBBON CURB CONCRETE RIBBON CURB GROUND atiaktik al% L EAsThvc FUND ASPHALTIC PAVEMENT 3/4'MINUS CRUSHED GRAVEL COMPACTED STABLE SUBGRAOE 6" MINUS PfT RUN PRIVATE STREET SECTION - DETAC)fD SIDEWALK NO PARKING NOT TO SCALE — 42' PRIVATE ROAD (LOT) Applicant's Justification for Private Streets(as provided by the applicant; received by the City on August 09, 2021): 1. The 16.36-acre parcel is an enclave with estate single-family subdivisions (Springhaven and Los Luceros Acres) surrounding the property. There is no ability for any vehicular connections to the adjoining developments. Ada County Highway District has been recommending private streets for small projects with a minimal number of homes on a dead- end cul-de-sac. The District indicates the cost to the public for perpetual maintenance is significant for such few lots. The District's dollars can spent more effectively on urban projects with higher density and that provide interconnectivity to adjoining parcels. 2. The private street width of 30 feet with restricted parking on the west side is sufficient to provide access to the 8 proposed lots. Since the lots are 1.8 acres and larger,the lots will have loop drives and longer driveways to accommodate guest parking. 3. The proposed private street with the 30-foot-width is adequate for emergency and trash services. The proposed cul-de-sac will meet the standards of the Eagle City Code and those of Eagle Fire Department. 4. The subject site is an enclave without any public stub streets available to it. A portion of the private road will abut Springhaven Subdivision. Neither Eagle Transportation Plan nor the Ada County Highway District Master Street Map delineate a public street at this location. 5. The private street will not landlock any properties since the adjoining developments have public streets or common drives. Approximately 424 feet of the proposed private lane abuts Springhaven Subdivision. If the owner of the property wants to discuss access from the lane, they are welcome to meet with the applicant. 6. The proposed private street originates at a public street, E. Beacon Light Road, and terminates in a cul-de-sac. There are no secondary connections to public streets and since the development has only 8 single-family lots, the fire department will not require a secondary access. The applicant has considered a private gate; however, it has not been determined at this time. The applicant understands a private gate will require Council Fire Department approval. 7. The location and use of the private road have no impact on continuity of public streets since the subject parcel is an enclave. 8. The applicant will provide provisions within the CC&Rs for road maintenance and snow removal. A funding mechanism will be specified within the CC&Rs to pay for future maintenance and repair. Page 5 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc Blocks Less Than 500':None proposed. Cul-de-sac Design: The proposed subdivision includes a 990-foot long private road with a cul-de-sac at its terminus with a proposed radius of 54.1-feet. Sidewalks: Detached 5-foot-wide concrete sidewalks are proposed(separated by a 6-foot-wide curb adjacent swale and a 6-foot-wide landscape strip). The 5-foot-wide sidewalks are within a 12-foot wide sidewalk easement within the residential lots on both sides of the proposed streets exclusive of approximately 424-feet of the property at the west boundary just south of Beacon Light Road. The subject property includes a 10-foot-wide sidewalk within a 19.5-foot wide easement along East Beacon Light Road. Curbs and Gutters: The proposed private street has been designed to utilize concrete ribbon curbs that are designed to be flush with the asphaltic paving on both sides of the private street. Lighting: Lighting for the proposed public streets is required and has been proposed in locations and in sufficient quantities that are compatible with the site. 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/BICYCLE CIRCULATION: Sidewalks: See notes above regarding sidewalks. Pedestrian Walkways:None proposed. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes—mature trees exist to the south of the existing residence and as a windbreak along an east-west plane approximately 700-feet from the northern property line. Riparian Vegetation—no Page 6 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc Steep Slopes—no Stream/Creek—no Unique Animal Life—None known to date Unique Plant Life—None known to date Unstable Soils—None known to date Wildlife Habitat—None known to date O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached within the staff report. City Engineer: All comments within the engineer's letter dated August 17, 2021, are of special concern(see attached). Ada County Development Services Ada County Highway District Ballentyne Ditch Company Central District Health Department of Environmental Quality Eagle Sewer District Farmer's Union District Company Idaho Transportation Department Marathon Pipeline LLC Q. LETTERS FROM THE PUBLIC:None received to date. THE PLANNING AND ZONING COMMISSION 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: Estate Residential A single-family residential area transitioning between agriculture and conventional residential uses. Densities range from 1 unit per 2 acres to 1 unit per 5 acres. Small scale agriculture and horticulture uses are encouraged. Density may be limited due to the limited availability of infrastructure and roadway capacity. CHAPTER 6: LAND USE 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Page 7 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R-E RESIDENTIAL DISTRICT: To provide opportunities for very low density residential land use compatible with the topography and public service capacities. Gross density shall not exceed one single-family dwelling unit per two(2)acres. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-DA), indicates that the zoning was approved by the city with 'a development agreement. Specific provisions, as may have been incorporated within the development agreement,are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet)H* Width I* R-E 35' 50' 30' 20' 35' 15% 1.8-acres 100' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3 (C)(3)Preliminary Plat—Required Information and Data: 1. A site report as required by the appropriate health district where individual wells or septic tanks are proposed. • Eagle City Code Section 9-3-2-1 —Streets and Alleys—Location and Design: 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: 2. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. • Eagle City Code Section 9-3-5 (B)-Lots shall conform to the following standards: Future Arrangements: Where parcels of land are subdivided into unusually large lots(such as when large lots are approved for septic tanks),the parcels shall be divided, where feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements shall allow for Page 8 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc the ultimate extension of adjacent streets through the middle of wide blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof shall be approved by the City Council prior to taking of such action. • Eagle City Code Section 9-3-5 (C)—Sufficient Area for Septic Tank: Where individual septic tanks have been authorized, sufficient area shall be provided for a replacement sewage disposal system. (Ord. 566, 5-15-2007) • Eagle City Code Section 9-3-2-5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent(10%) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic,sidewalks,and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 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 Page 9 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 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: 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. Page 10 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 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 C 1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street,be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. 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 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet(60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall Page 11 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 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 9-4-1-6: Pedestrian Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. (Ord. 566, 5-15-2007) D. DISCUSSION(Based on the preliminary plat received by the City on August 05, 2021): • The applicant is proposing the use of a private street to serve all eight (8) buildable lots. Pursuant to Eagle City Code Section 9-3-2-5(A), private streets may provide access to no more than 10-percent (10%) of the lots within a planned unit development provided the Council determines that the private streets are in compliance with specific standards. Those standards include safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking; private streets do not adversely affect access to adjacent property and to the area travel networks; private streets do not land lock adjacent property; the private streets do not connect one public street to another, and the alignment of the private streets does not interfere with the continuity of public streets. Staff defers to the Council regarding the approval of this request. Additionally, Eagle City Code Section 9-3-2-5(E) states that the Council may waive or modify any of the standards or requirements of the section (ECC 9-3- 2-5) 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 development. The applicant is requesting a waiver of Eagle City Code Section 9-3-2-5(A) to permit the private street to serve 100%of the lots within the subdivision and to not require a PUD. • The preliminary plat does not include the City of Eagle standard plat note that grants each owner the perpetual right of access to the private street. If the Council approves the use of a private street, the applicant should include an additional plat note that states, "Each owner within the subdivision that is to be served by the private street is conveyed the perpetual right of ingress and egress over the described private street, that such perpetual easement shall run with the land, and that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/ property owners' association or other entity cannot be dissolved without the express consent of the City." The additional note should be added to the final plat prior to the final plat application submittal. • The preliminary plat does not include the City of Eagle standard plat note that specifies that the proposed private street is to include a blanket public utility, drainage, and irrigation easement. If the Council approves the use of a private street, the applicant should include an additional plat note that states, "Lot 1, Block 1 is a private street which shall have a blanket public utility, drainage, and irrigation easement. The residential lots located adjacent to Lot 1, Block 1 shall have a) non-exclusive perpetual right of ingress and egress easement over said lot, b) the easement shall run with the land, c) the homeowners association shall be responsible for the operation and maintenance of the private street, and d) the restrictive covenant for operation and maintenance of the private street cannot be dissolved or modified Page 12 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc without the express consent of the City of Eagle." The additional note should be added to the final plat prior to the final plat application submittal. • The applicant is proposing to implement two-foot(2') wide flush concrete ribbon curbs along the entire length of the 30-foot-wide private street (measured from back of curb to back of curb). Pursuant to Eagle City Code Section 9-3-2-5(B)(2),private streets that are less than 34- feet in width require vertical curbing. The applicant is requesting a waiver of this section. If the City Council approves the use of a private street, then the ribbon curbing may be used in lieu of vertical curbing. • The applicant is proposing to implement two-foot(2')wide flush concrete ribbon curbs along the entire length of the 30-foot-wide private street (measured from back of curb to back of curb) to allow for the use of the proposed stormwater swale system. If the City Council approves the use of a private street, then the applicant should submit the necessary plans and calculations demonstrating that the proposed swale system provides sufficient stormwater capture and that the future residential lots within the subject property are graded in such a way that the residences, as well as the adjacent properties, are not subject to stormwater run- off. The applicant should submit plans and calculations with the final plat application for review and approval by the City Engineer prior to approval of the final plat. • The subdivision, as designed, is proposed to include a private street with cul-de-sac that is 990-feet-long. Eagle City Code Section 9-3-2-1(G) limits the total length of a cul-de-sac street to 750-feet. However, Eagle City Code Section 9-3-2-1(G)(2), grants the City Council the discretion to consider the inclusion of cul-de-sacs with a maximum length of 1,500-feet in zoning districts where prohibit densities greater than one dwelling unit per two (2) acres. If the City Council approves the use of a private street, then the applicant should obtain approval of the 990-foot-long cul-de-sac street by Eagle Fire Department prior to the submittal of the fmal plat application. • The applicant is proposing stormwater swales along the back of curb for the entire length of the proposed private road. The swales are intended to capture stormwater run-off and should not be used for the planting of required street trees. Proposed street trees should be planted outside of the swale in the landscape area between the swale and proposed sidewalk. The applicant should gain approval of the location of the proposed street trees by the Design Review Board and City Council prior to the submittal of the final plat application. • The applicant should connect to central water service prior to the City Clerk signing the fmal plat. • The preliminary plat currently shows the mailbox cluster located on the 5-foot-wide sidewalk. The applicant should submit a revised preliminary plat that revises the location of the mailbox cluster to be within the adjacent common lot, Lot 2, Block 1. The applicant is to ensure that an accessible path of travel is provided to the mailbox cluster. The revised preliminary plat should be submitted at the time of the final plat application. • The proposed mailbox cluster located should be designed to include an overhead structure that provides adequate shelter from the elements while the mail carrier distributes the post to the cluster mailbox. The application should submit a revised landscape plan that provides detailed drawings and material specifications for design review approval as part of the design review process. • The Idaho Transportation Department (ITD) has submitted a letter and request for a proportionate share agreement to be paid by the applicant. The applicant should finalize their agreement with ITD and submit their proportionate share payment prior to the City Clerk signing the final plat. Page 13 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc • The subject property currently contains a single-family residence. The applicant shall provide a letter stating that all existing structures have been removed from the site and that the septic system and well have been abandoned prior to the City Clerk signing the final plat. • To allow for the future installation of municipal fiber-optic cable, the applicant should be required to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant should provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines should be dedicated to the City prior to the City Clerk signing the final plat. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on September 20, 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 applications was presented to the Planning and Zoning Commission by no one(not including the applicant). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by two(2) individuals with concerns regarding: • The architectural renderings presented by the applicant were very modern and do not fit within the rural nature of the area. • The location of the subject property represents a transition between the larger, agricultural lots to the north and the smaller, more rural residential lots to the south. This proposed development should assist in that transition and provide benefit to the community. D. Oral testimony neither in favor of nor opposed to the applications was presented to the Planning and Zoning Commission by two(2) individuals who stated: • There are existing, mature trees along the southern property line that they would like to see preserved as the development is constructed. • Concern regarding the proposed water system that serve will the subject property and if it will be designed and engineered as to not detract from the available pressure of the water system that currently serves the adjacent Los Luceros subdivision. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based on upon the information provided by staff and the testimony provided. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0(Smith absent)to recommend approval of A-06-21 and RZ-10-21 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County Designation)to R-E-DA (Residential-Estates with a development agreement)with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum gross density for the Property shall be 0.50 dwelling units per acre (8 single- family lots). 3.2 The Concept Plan (Exhibit C) represents the Owner's current concept for completion of the Page 14 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc project. As the Concept Plan evolves,the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 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. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) A maintenance manual for the private street requiring the association(s) shall have the duty to maintain and operate the private street including the repair and replacement of asphalt and sidewalks, including provisions for snow removal of the road, and the planting and maintenance of the landscaped planter island within the cul-de-sac, in perpetuity. (b) A maintenance manual for the stormwater swales requiring that the association shall have the duty to maintain the swales including the maintenance and replacement of landscape material, removal of refuse, and any other maintenance required to ensure that the swales function as designed for the purpose of capturing stormwater, in perpetuity. (c) A requirement for all fencing to be installed as shown on the Fencing Plan(Exhibit D). All other fencing(i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (d) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (e) 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. 3.5 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision(or mitigated if approved for removal) prior to removal of the trees.No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.6 In conjunction with 3.5 above, all living trees shall be preserved, unless otherwise determined by the City Council upon recommendation by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation) shall be provided for Design Review Board approval prior to the submittal of the fmal plat application. 3.7 Owner shall provide an executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the fmal plat. 3.8 The owner shall connect the subject property to central water service prior to the City Clerk Page 15 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc signing the final plat. 3.9 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"E". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit"E". If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.10 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install two (2) one inch and a quarter (1 1/4") fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the fmal plat. 3.11 The applicant shall provide a letter stating that all existing structures have been removed from the site and that the septic system and well have been abandoned prior to the City Clerk signing the final plat. 3.12 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of- way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Smith absent) to recommend approval of PP-12-21 for a preliminary plat for Rene Commons Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval with text shown with strikethrough to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-10-21. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The applicant shall provide a revised preliminary plat showing a public strcct. The revised 9 3 2 5[C][2]) Page 16 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 5. If the City Council approves the proposed private street, the applicant shall include an additional plat note that states, "Each owner within the subdivision that is to be served by the private street is conveyed the perpetual right of ingress and egress over the described private street, that such perpetual easement shall run with the land, and that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City." The additional note shall be added to the final plat prior to the submittal of the final plat application. 6. If the City Council approves the proposed private street, the applicant shall include an additional plat note that states, "Lot 1, Block 1, is a private street which shall have a blanket public utility, drainage, and irrigation easement. The residential lots located adjacent to Lot 1, Block 1, shall have a) non-exclusive perpetual right of ingress and egress easement over said lot, b) the easement shall run with the land, c) the homeowners association shall be responsible for the operation and maintenance of the private street, and d) the restrictive covenant for operation and maintenance of the private street cannot be dissolved or modified without the express consent of the City of Eagle." The additional note shall be added prior to the submittal of the fmal plat application. 7. If the City Council approves the proposed private street, the proposed ribbon curb is approved in lieu of vertical curbing. 8. If the City Council approves the proposed private street, "No Parking-Fire Lane" signs shall be erected on one side of the private street prior to issuance of any building permits for residential dwellings. 9. The applicant shall obtain approval of the 990-foot-long cul-de-sac street by Eagle Fire Department prior to the submittal of the final plat application. (ECC 9-3-2-1(G)) 10. The applicant shall submit the necessary plans and calculations demonstrating that the proposed swale system provides sufficient stormwater capture and that the future residential lots within the subject property are graded in such a way that the residences, as well as the adjacent properties, are not subject to stormwater run-off. The applicant shall submit plans and calculations with the final plat application for review and approval by the City Engineer prior to approval of the final plat. 11. The applicant shall revise note#13 on the preliminary plat to state that in addition to the pressure irrigation system, all common lots are to be owned and maintained by the Homeowner's Association. The revised note shall be transferred to the final plat prior to the submittal of the final plat application. 12. The preliminary plat indicates that the proposed community mailbox cluster is located on the 5- foot-wide public sidewalk. The mailbox cluster shall be relocated so that it is not placed upon the sidewalk and is located within Lot 2, Block 1. The applicant shall provide an accessible path of travel from the public sidewalk to the proposed mailbox cluster. The revised preliminary plat shall be provided prior to the submittal of the fmal plat application. 13. The applicant shall provide an overhead structure above the community mailbox cluster. The applicant shall submit a revised landscape plan with adequate plan view, elevation, and section drawings, along with material specifications, as needed, in order to properly demonstrate the design intent of the overhead structure as part of the required design review applications for design review and City Council approval prior to the submittal of the final plat application. 14. No vehicular gates that would inhibit access to the subject property from East Beacon Light Road are proposed with this application and none are approved. Page 17 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 15. The applicant shall provide a license agreement from ACHD approving the landscaping within the public right-of-way along East Beacon Light Road prior to the submittal of the final plat application. (ECC 9-4-1-2) 16. 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 the landscape area between the 5-foot-wide concrete sidewalk and the swale. No trees are to be planted within the swale. 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. 17. All living trees 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 (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. 18. 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). 19. The Pescara Estates Subdivision shall remain under the control of one Homeowners 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. 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). Page 18 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 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 fmal 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. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch;(2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity 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 19 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 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. 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. Page 20 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.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 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 Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway Development 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 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 fmancial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 21 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.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 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 Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-06-21/RZ-10-21) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-E-DA (Residential-Estates with a development agreement), which requires lot sizes be a minimum of 1.8-acres in size, is consistent with the Estate Residential designation, which allows for densities ranging from 1 unit per 2 acres to 1 unit per 5 acres,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 all uses allowed on this property under the proposed zone. The residences within the subdivision will be provided domestic water service by City of Eagle Water and will be served by individual septic systems; c. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)and land use to the north since it is developed with a single family residence on a 5.4-acre parcel and is designated as Agriculture/Rural in the Comprehensive Plan which allows for densities that are 1 unit per 5 acres or larger. The residence to the north is separated from the subject property by both East Beacon Light Road and the Farmers Union Canal; Page 22 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc d. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the A-R (Agricultural-Residential) zone and land use to the south since that area has been developed as a residential subdivision with large lots and single-family homes. The land use to the south is also designated as Estate Residential in the Comprehensive Plan which allows for densities ranging from 1 unit per 2 acres to 1 unit per 5 acres; e. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the A-R (Agricultural-Residential) zone and land use to the east since that area has been developed as a residential subdivision with large lots and single-family homes. The land use to the south is also designated as Estate Residential in the Comprehensive Plan which allows for densities ranging from 1 unit per 2 acres to 1 unit per 5 acres; f. The proposed R-E-DA (Residential-Estates with a development agreement) zoning district is compatible with the R-E-DA (Residential-Estates with a development agreement) zone and land use to the west since that area has been developed as a residential subdivision with large lots and single-family homes. The land use to the west is also designated as Estate Residential in the Comprehensive Plan which allows for densities ranging from 1 unit per 2 acres to 1 unit per 5 acres; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use is conditioned within the development agreement so not to create a non- conforming use with the R-E(Residential-Estates)zone. 2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat(PP-12-21)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 as streets, police and fire protection, schools, drainage structures, refuse disposal, water and individual septic systems; 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, and City of Eagle Water as conditioned herein, there is adequate public fmancial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission'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 23 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Commission has determined that: 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 the private street will serve to enhance the overall development. The following reasons support the above noted finding: East Beacon Light Road borders the northern property line and will provide the only access into the development. The private street will provide access to all eight (8) residential lots within the development and include flush ribbon curbs that allow for the inclusion of stormwater swales to be included adjacent to the paved street; The private street within the subdivision will provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The proposed private street is designed to a width of 30-feet and will have restricted parking along the entire length of the west side. The 1.8-acre lots will be designed with loop drive and longer driveways to sufficiently accommodate guest parking; 2. The private street provides adequate access for service and emergency vehicles: The proposed private street is designed to a width of 30-feet which is adequate for emergency and waste collection services. The proposed cul-de-sac at the terminus of the private street meets the standards of Eagle City Code and will require separate Eagle Fire Department approval; 3. The private streets within the subdivision do not adversely affect access to adjacent properties: The proposed private street within the subject property does not contain any stub streets that any adjacent properties. The property only provides access to and from East Beacon Light Road to the north. Neither the Eagle Transportation Plan nor the Ada County Highway District Master Street Map delineate a public street at this location; 4. The private streets will not landlock adjacent property due to topography or parcel layout: The private street will not landlock any properties since the adjoining developments have public streets or common drives that provide access directly to East Beacon Light Road; 5. 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: The proposed private street originates at a public street, East Beacon Light Road, and terminates to the south in a cul-de-sac. There are no secondary connections to public streets and since the development has only 8 single-family lots, the fire department will not require a secondary access; 6. The use or alignment of the private street within the subdivision do not interfere with the continuity of public streets: The proposed private street does not interfere with continuity of public streets since public streets surround the site and there is no ability to connect the existing streets within the area; and Page 24 of 25 K:\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc 7. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof: The applicant will provide provisions within the CC&Rs for road maintenance and snow removal. A funding mechanism will be specified within the CC&Rs to pay for future maintenance and repair. DATED this 4th day of October, 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho 0,-- -4.____ d , Trent Wright,Chairman A TEST: G.pGLE _....,, :....... ... racy E. If.orn, Eagle City Cleir—• 04 ••� ; S. tip ' %I /cooky• STATF,O,,,,,. Page 25 of 25 K\Planning Dept\Eagle Applications\SUBS\2021\Pescara Estates\03-Working Files\03-Planning and Zoning\Pescara Estates-PZ Findings.doc