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Findings - PZ - 2021 - A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19 - Route 44 Crossing - Route 44 Crossing Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) R1 AND C2 (ESTATE RESIDENTIAL AND ) COMMUNITY COMMERCIAL—ADA ) COUNTY DESIGNATIONS)TO C-1-DA-P ) (NEIGHBORHOOD COMMERCIAL WITH ) A DEVELOPMENT AGREEMENT), ) DEVELOPMENT AGREEMENT MODIFICATION, ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN AND PRELIMINARY ) PLAT FOR ROUTE 44 CROSSING SUBDIVISION ) FOR JAY WALKER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-05-19/RZ-11-19/RZ-06-04 MOD4/CU-10-19/PPUD-07-19/PP-07-19 The above-entitled annexation, rezone with a development agreement, development agreement modification, conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle Planning and Zoning Commission for their consideration on July 19, 2021, at which time public testimony was taken. The applications were continued to September 7, 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: Jay Walker is requesting annexation, rezone from R1 and C2 (Estate Residential and Community Commercial — Ada County designations) to C-1-DA-P (Neighborhood Business District with a development agreement — PUD), development agreement modification, conditional use permit, preliminary development plan,and preliminary plat approvals for Route 44 Crossing Subdivision, a 71-lot (41-single-family [inclusive of 9-live/work lots], 10-commercial [inclusive of 2-storage unit lots], 20-common) residential/commercial planned unit development. The 15.68-acre site is located at the northeast corner of State Highway 44 and North Linder Road at 410 North Linder Road and 4400 West State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:30 PM, on Thursday, August 8, 2019, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 24, 2019. A traffic impact study was provided to the City on December 12,2019. A revised narrative and revised preliminary plat were provided to the City on December 31, 2019. A preliminary irrigation facility report was provided to the City on January 24, 2020. A second revised narrative and revised preliminary plat were provided to the City on December 21, 2020. A third revised narrative and revised preliminary plat were provided on April 9, 2021. A second revised development agreement was provided on April 9,2021. Page 1 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on April 16, 2020, in accordance with the requirements of the Eagle City Code. A second request for agencies' review were transmitted on April 14, 2021. 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 May 21, 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 May 21, 2021. The site was posted in accordance with the Eagle City Code on May 25,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On November 9, 2004, the City Council approved an annexation and rezone with development agreement(s) for the Van Treeck and Schenk properties and Copperfield and Sedona Creek Subdivisions. (A-04-04/R-06-04) On July 24,2007,the City Council approved a development agreement medication for the Schenk Property for Hawkins Companies. (RZ-06-04 MOD) On February 14, 2017, an application for a development agreement modification was submitted by Maverik, Inc. The application was subsequently withdrawn on March 20, 2017. (RZ-06-04 MOD2) On February 7, 2018, an application for a development agreement modification was submitted by Nicoll Investments, LLC. The application was subsequently withdrawn on March 27, 2018. (RZ- 06-04 MOD3) E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See applicant's justification letter, date stamped by the City on April 9, 2021 (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on April 9,2021 (attached to the staff report). Page 2 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Commercial and Mixed R1 and C2(Estate Vacant parcels Use Residential and Community Commercial—Ada County designations)and C-1-DA (Neighborhood Business District with a development agreement) Proposed No Change C-1-DA-P(Neighborhood Residential/Commercial Business District with a subdivision development agreement— PUD) North of site Neighborhood Residential R-2-DA (Residential with a Single-family residential with a Residential development agreement) and subdivision(Sedona Creek Transition Overlay and RUT(Rural-Urban Transition Subdivision)and vacant Mixed Use —Ada County designation) parcel South of site Mixed Use RUT(Rural-Urban Transition Comptons Andrews Tract —Ada County designation) Subdivision East of site Mixed Use R1 and C2(Estate Convenience Residential and Community Store/Restaurant with Fuel Commercial—Ada County Center designations) West of site Compact Residential with RUT(Rural-Urban Transition Church and multi-family Residential Transition — Ada County designation) residential subdivision Overlay and MU-DA-P (Mixed Use (Enfield Commons with development agreement Subdivision) —PUD) I. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. J. SITE DATA(based on the preliminary plat, date stamped by the City on April 9, 2021): Total Acreage of Site— 15.68-acres Total Number of Lots—71 Residential—41 (inclusive of 9-live/work lots) Commercial— 10(inclusive of 2-storage unit lots) Industrial—0 Common—20 Total Number of Units—41 Single-family—0 Single-family attached—41 (inclusive of 9-live/work lots) Page 3 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 7.14-units per acre* 7.14-dwelling units per acre (as limited within the development agreement) Minimum Lot Size 2,976-square feet 2,000-square feet(minimum) Minimum Lot Width 37.5-feet 25-feet(minimum) Minimum Street Frontage 18-feet 35-feet(minimum) Total Acreage of Common Area 2.55-acres 1.15-acres(minimum) Percent of Site as Common Area 16.2% 15%(minimum) * Based on the residential area of the development(not inclusive of the C or D Streets). K. GENERAL SITE DESIGN FEATURES: Open Space and Landscape Screening: The preliminary plat, date stamped by the City on April 9, 2021, shows a 35-foot-wide common lot(Lot 53, Block 1) located adjacent to S. Linder Road(as identified on the preliminary plat). A landscaped buffer berm is proposed within the 35-foot-wide common lot. There is a 973-square foot landscaped common lot(Lot 1, Block 1) located on the north side of A Street in proximity to the intersection of S. Linder Road. The preliminary plat identifies a 9,422-square foot lot(Lot 17, Block 1) located on the north side of C Street approximately 95-feet west of the intersection of A Street and C Street. Lot 17, Block 1,will contain a proposed park. The proposed park is shown to contain a shelter with picnic tables, a 5-foot-wide sidewalk providing access to the shelter, and a park bench. The preliminary plat shows a 60-foot-wide common lot (Lot 43, Block 1) located adjacent to State Street/Highway 44. A 5-foot-wide sidewalk is shown within Lot 43, Block 1. Also, Lot 43, Block 1, is encumbered by a 60-foot-wide canal easement. The preliminary plat shows 8-common lots(Lots 16, 19,27, 35, 55, 62, 64,and 71, Block 1) located between the street side lot lines and the street. 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&Rs 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. Page 4 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc Utility and Drainage Easements,and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. The preliminary plat, date stamped by the City, indicates public utility, irrigation, and lot drainage easements will be located adjacent to any public street(there are no public streets located within the development) and the rear lot lines. There are overhead powerlines located along S. Linder Road north of C Street, and a powerline running 340-feet north from State Street/Highway 44 into the site approximately 220-feet from the eastern property line. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System—No Pressurized Irrigation: The applicant provided a Preliminary Irrigation Feasibility report, date stamped by the City on January 24, 2020(attached to the staff report). 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. L. STREET DESIGN: Private Streets and Alleys: See the street sections shown on Page 2 of the preliminary plat, date stamped by the City on April 9, 2021. Blocks Less Than 500': None. Cul-de-sac Design:None. Sidewalks: The street sections shown on Page 2 of the preliminary plat, date stamped by the City on April 9, 2021, shows 5-foot wide attached sidewalks located on each side of the private streets. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed private 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. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. Page 5 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: The applicant is proposing to construct 5-foot-wide attached sidewalks on both sides of the private streets. The applicant is also proposing 5-foot-wide detached sidewalks along North Linder Road and State Highway 44. The proposed park area(Lot 17, Block 1)will have a 5-foot- wide pathway providing access to the gazebo. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. N. PUBLIC USES PROPOSED:None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served with potable water from Suez Water of Idaho. The Eagle Sewer District provided an email, dated April 16, 2020, which indicated the property is annexed into the District and will be served by a 10-inch PVC trunk line. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion— No Fish Habitat—No Floodplain—No Mature Trees — Yes — Along the west property line approximately 360-feet north of SH-44 and within the northeast corner of the property. Riparian Vegetation—No Steep Slopes—No Stream/Creek—Yes—Middleton Mill Canal Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. S. AGENCY RESPONSES: 'The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern,are noted below: City Engineer: All comments within the Engineer's letters dated May 10, 2021, are of special concern(attached to the staff report). City of Eagle Trails and Pathways Superintendent's email dated June 2, 2021 (attached to the staff report). City of Eagle Museum Curator/City Historic Preservation Officer Ada County Highway District Central District Health Department Community in Motion 2040 2.0 Development Review(COMPASS) Department of Environmental Quality Eagle Fire Department Page 6 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc Eagle Sewer District Idaho Transportation Department(Three [3] correspondences, date stamped by the City on March 9,2020,April 13,2020,and May 21,2020) West Ada School District T. LETTERS FROM THE PUBLIC(attached to the staff report): Email correspondence received from Janet Deters,Michael Gilano, and Shirley Huber, dated May 31,2021. Email correspondence received from Derek and Shannon Hamblin, dated June 1,2021. Email correspondence received from Arlene Hudson, dated May 31, 2021. Email correspondence received from Dan Darragh,dated June 1,2021. Email correspondence received from Craig Osborne, dated June 1,2021. Correspondence received from Mary Reimers and Sedona Creek Neighbors, date stamped by the City on June 1,2021. Correspondence received from Ron and Sheree Finch, date stamped by the City on June 1, 2021. Email correspondence received from Scott Norell,dated June 1, 2021. Email correspondence received from Linda Weston, dated June 1, 2021. 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: 6.3 Land Use Designations: The Comprehensive Land Use Map (adopted November 15, 2017), designates this site as the following: Commercial Suitable primarily for the development of a wide range of commercial activities including offices, retail and service establishments. Uses should complement uses within Downtown Eagle. 6.4 General Land Use Goals 6.4.3 General Land Use Implementation Strategies D. Allow for planned activity centers and nodes to provide commercial and non- residential needs within the City; discourage the development of strip commercial. 6.5 Park Lane Planning Area (as identified within the comprehensive plan the subject site is located within this planning area) 6.5.3 Park Lane Access/Connectivity A. Access to and through the area should be limited to existing roadways (Old Valley Road, Fisher Parkway, Park Lane, and Linder Road); direct access from State Street/Highway 44 should not be permitted. C. Cross-access agreements and shared service roads should be encouraged throughout the area and should be a requirement for all non-residential development. 6.5.4 Issues of Concern C. Access limitations should be encouraged to increase the function of State Highway 44 as a regional transportation route and future transit corridor. Page 7 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc A. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL(Based on Eagle City Code in effect at the time of submittal of the application): • Eagle City Code Section 8-1-2: Rules and Defmitions: DWELLING, MULTI-FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing. DWELLING, TWO-FAMILY: A dwelling, consisting of two (2) dwelling units which may be either attached side by side or one above the other. This definition does not include accessory dwelling units. PRIVATE ROAD: A road, street, alley, or bridge that is not laid out or established by the state of Idaho or a subdivision of the state or dedicated to the state or a subdivision of the state and accepted by such entity or used by the public for a period of not less than five (5) years and worked and kept up by,at the expense of,the public during that period of time. STREET: A right of way which provides vehicular and pedestrian access to adjacent properties, the dedication of which has been officially accepted. The term "street" also includes the terms highway,thoroughfare,parkway,road, avenue,boulevard, lane,place or other such terms. Access Street: A minor street which has the primary purpose of providing access to abutting properties. Alley: A minor street providing secondary access at the back or side of a property otherwise abutting a street. Private Street: A street that is not accepted for public use or maintenance which provides vehicular and pedestrian access. • Eagle City Code Section 8-2-1: Districts Established, Purposes, and Restrictions: C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. • Eagle City Code Section 8-2-3: Schedule of District Use Regulations: Single-Family, Two-Family, and Multi-Family Dwellings are allowed by Conditional Use within the C-1 (Neighborhood Business District)zoning designation. Restaurant (with drive-through) is a prohibited use within the C-1 (Neighborhood Business District)zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.)G And H* C-1 35' 15' 0' 0' 10' 50% 2,000 25' Page 8 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: B. Landscape As Percent Of Site: 1. Landscaping shall cover a minimum of fifteen percent (15%) of the property on multi- family residential developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the fifteen percent(15%)landscape coverage requirement. 2. Landscaping shall cover a minimum of ten percent (10%) of the property on all other developments. Hardscape plaza areas, such as decorative concrete/paver patios that are integrated into the design of the landscaped area, may be included in the ten percent (10%) landscape coverage requirement. J. Buffer Area Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width,plantings, and fencing are as follows: c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3') horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-7-3-3: Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community(such as trees,watercourses,historic spots and similar irreplaceable assets) shall be preserved in the design of the development. Page 9 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development B. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3 (C): Preliminary Plat: Required Information and Data: 3. The following shall be submitted separately: i. Streets, street names, rights of way and roadway widths, including adjoining streets or roadways; m. Any proposed or existing utilities, including,but not limited to, storm and sanitary sewers, irrigation laterals,ditches,drainages,bridges,culverts,water mains,fire hydrants and their respective profiles; • Eagle City Code Section 9-3-2: Streets and Alleys: 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic. C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de- sac or temporary cul-de-sac. A reserve street may be required and held in public ownership. E. Public Alleys: Public alleys shall be provided in multiple dwelling or commercial subdivisions unless other provisions are made for service access and off street loading and parking. Dead end public alleys shall be prohibited in all cases. F. Frontage Roads: Where a subdivision abuts or contains an arterial street, it shall be required that there be frontage roads approximately parallel to and on each side of such arterial street; or, such other treatment as is necessary for the adequate protection of residential properties and to separate through traffic from local traffic. I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the lots may be permitted within planned unit developments provided that the standards within section 9-3-2-5 of this chapter are met. J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed within any subdivision provided at least one (1) of the lots has the minimum street frontage required in section 8-2-4 of this code. 9-3-2-2: Street Widths: A. Street and road right of way widths, grade, alignment, and so forth, shall conform to the adopted major street plan or comprehensive plan and shall be approved by the highway district and/or other agency having jurisdiction. B. Notwithstanding subsection A of this section, access from a frontage road onto an arterial street shall be limited to one thousand five hundred feet(1,500')between points. Page 10 of 38 K:\Planning Dept'Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc 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 any parcel or lot 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 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. Page 11 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pz£doc 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. 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 Page 12 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub prt'.doc maintenance of the private street in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it 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 9-3-6: 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 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator (as defined by section 9-1-6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city have the right to pay the cost of maintenance and power and assume ownership of the streetlights. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences Page 13 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet(6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty-five foot(25')wide pedestrian access easement. 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. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. C. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The Commercial area is to be developed with a combination of retail/restaurant/drugstore uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-1 zoning designation (except as limited in Section 3.10, below). Buildings up to a maximum of 25,000 square feet each are permitted for this area. A conditional use permit shall be required for all commercial buildings exceeding 15,000 square feet in size with the exception of the Drugstore with single lane drive up service and Banks/fmancial institutions (with drive up service)shall not require a conditional use permit. 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the C-1 District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. Page 14 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc All uses shown as "P" permitted under the C-1 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use permit, except that a Drugstore with single lane drive up service, Banks/financial institutions (with drive up service), and Retail sales (general) located within buildings less than 15,000 square feet in size shall not require a conditional use permit. In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above,the following uses shall also be prohibited on the Property: • Adult Business; • Automotive gas station or fuel islands; • Automotive washing facility; • Cemetery; • Convenience store with fuel service; • Equipment Rental and Sales Yard; • Kennel; • Laundry with drive up service; • Live entertainment events; • Nursery,plant materials; • Personal wireless facilities(height over 35 feet); • Small Engine Repair; • Storage(fenced area) 3.6 The Property shall be limited to no more than one (1) access point onto State Highway 44, subject to the review and approval of the Idaho Transportation Department prior to submitting a preliminary plat application or issuance of a Zoning Certificate for the construction of buildings, whichever comes first. 3.7 Provide a 20-foot wide landscape buffer and a CMU fence eight feet (8') in height, (in conjunction with the existing berm, and vinyl fence) along the entire northern boundary of the Property. With regard to tree planting only, the buffer area shall be designed in compliance with ECC Section 8-2A-7(J)(4)(a). 3.12 Upon redevelopment of the site all buildings shall be set back a minimum of thirty feet (30') from State Highway 44 and Linder Road(not including right-of-way). 3.13 Construct a minimum six-foot (6') wide meandering asphalt pathway along the frontage of the site adjacent to State Highway 44 (on the north side of the Middleton Mill Canal) prior to the issuance of any occupancy permits for the site. 3.14 Construct a minimum five-foot (5') wide meandering concrete sidewalk along the frontage of the site adjacent to Linder Road prior to the issuance of any occupancy permits for the site. 3.15 The hours of operation for businesses located within the development shall be limited to 6:00 AM to 11:00 PM. D. DISCUSSION(based on the preliminary plat, date stamped by the City on April 9, 2021): • The proposed development contains a mix of uses (i.e. commercial, residential, and storage). Based on Eagle City Code in effect at the time of submittal of the application the residential component of the development could be permitted with the approval of a conditional use permit. The applicant is proposing the development to be served by private streets and alleys. Pursuant to Eagle City Code Section 9-3-2-5(A), 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 specific standards identified within Eagle City Code. Page 15 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc Based on the ACHD approval, date stamped by the City on April 16, 2021, public roads are not supported within the development due to the fact that the public roads would not meet Highway District policy offset requirements for local roads intersecting a principal arterial. Also, a Master Street Map (MSM) road is not designated within the site and it would be difficult to extend the public road to the east beyond the site because of parcel configurations and irrigation crossings. Pursuant to Eagle City Code Section 9-3-2-5(E), the City Council may waive or modify any of the standards or requirements of that section when the private streets have been determined to be an integral element of the overall plan and scheme of the development. Staff will defer to the Commission and Council regarding the utilization of private streets within the development. • The street section shown on page 2 of 5 of the preliminary plat shows the internal streets with 5- foot wide attached sidewalks. Pursuant to Eagle City Code 9-4-1-6 (F), sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum 8-foot wide landscape strip. Pursuant to Eagle City Code Section 9-3-2-5(E), the City Council may waive or modify any of the standards or requirements of that section when the private streets have been determined to be an integral element of the overall plan and scheme of the development. Staff will defer to the Commission and Council regarding the utilization of attached sidewalks within the development. • A portion of the property is currently zoned C-1-DA (Neighborhood Business District with a development agreement) and the remaining portion when annexed will be rezoned to C-1-DA (Neighborhood Business District with a development agreement). Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the C-1 (Neighborhood Business District)zoning designation: Front 15-feet Rear 0-feet Interior Side 0-feet Street Side 10-feet Maximum Lot Coverage 50% The proposed development will have a residential component;therefore, front setbacks associated with front-load garages and rear setbacks will need to be addressed. The preliminary plat shows the sidewalk encroaching 4-feet into the properties on Lots 2-15, Block 1. The preliminary plat also shows the proposed front-load garages are located 25-feet from the back-of-sidewalk, as required pursuant to Eagle City Code. To achieve the required setback associated with the front-load garages the front setback should be 29-feet from the property line to the garage. The preliminary plat shows the garages on Lots 20-25, 28-33, and 36- 38, Lots 65-70, Block 1, are located approximately 15-feet from the alley. As designed, if a car were parked in front of the garage the rear of the vehicle would encroach a minimum of 4-feet into the alley area. Since the garage areas are abutting an alley a maximum setback of 5-feet should be required for the garage area located adjacent to an alley to discourage parking in front of the garage. The remaining setbacks should be in conformance with the setbacks associated with the C-1 (Neighborhood Business District)pursuant to Eagle City Code Section 8-2-4. Page 16 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc Based on the residential component and commercial component of the proposed subdivision the setbacks should be as follows: Residential(Lots 2-15,Block 1 [Front Loadl) Front Living 15-feet Garage 29-feet Rear 12-feet Interior Side(common walls) 0-feet Exterior Side 5-feet Maximum Coverage 50% Residential(Lots 20-25,28-33,and 36-38,Lots 56-61,and Lots 65-70,Block 1 [Alley Loadl) Front 15-feet Rear Living 10-feet Garage 5-feet(Maximum) Interior Side(common walls) 0-feet Exterior Side 5-feet Maximum Coverage 50% Commercial(Lots 40,41,and 45-52) Front 15-feet Rear 0-feet Side 0-feet Street Side 10-feet Maximum Coverage 50% • Plat note #5 of the preliminary plat states, "This development is subject to covenants, conditions, restrictions, and easements (Instrument No. ). The restrictive covenants for maintenance of the private road cannot be modified and the homeowners association cannot be dissolved with the express consent of the City of Eagle." The section of the plat note regarding the maintenance of the private road and the homeowners association is addressed within plat note #11; therefore, the second sentence of plat note #5 should be removed. The applicant should provide a revised preliminary plat with plat note #5 revised to state, "This development is subject to covenants, conditions, restrictions, and easements (Instrument No. )." The revised preliminary plat should be provided prior to submittal of final development plan and fmal plat applications. • Plat note #6 of the preliminary plat states, "Direct lot access from collectors & arterials is prohibited unless approved by the Ada County Highway District and the City of Eagle." The site is bordered by State Highway 44 to the south and North Linder Road to the west. Both roads are classified as principal arterials. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from State Highway 44 and North Linder Road is prohibited unless approved by the Idaho Transportation Department and/or the Ada County Highway District and the City of Eagle." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note#7 of the preliminary plat states, "Each owner within the subdivision that is to served by the private driveway is conveyed the perpetual right to ingress and egress over the described private driveway, that such perpetual easement shall run with the land, and that the restrictive covenant for maintenance of the private driveway cannot be modified and the Page 17 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc homeowners/property owners' association or other entity cannot be dissolved without the express consent of the city." The plat note does not address the specific lots associated with the driveways/alleys. Also, pursuant to Eagle City Code Section 9-3-2-1(J), driveways which provide access to more than two (2) lots is prohibited. As shown on the preliminary plat the driveway/alley (as identified in plat note #10) Lots 26 and 34, Block 1, provide access to six (6) residential lots. The driveway/alley (as identified in plat note #10) Lot 18, Block 1, provides access to three (3) residential lots. The applicant should be required to provide a revised preliminary plat with plat note #7 removed. The revised preliminary plat should be provided prior to submittal of fmal development plan and final plat applications. • Plat note #9 of the preliminary plat states, "Lots 1, 16, 17, 19, 27, 35, 42, 43, 44, 53, 54, 55, 62, 64, and 71, Block 1, are common lots with a blanket utility easement for drainage, utilities, ingress/egress, landscape, and irrigation and will be maintained by the Route 44 Crossing Owner's Association." The plat note references ingress/egress, however, the only referenced common lot which will have vehicular access is Lot 54, Block 1, which contains parking spaces associated with the live/work units located on the east side of B Street. Also, the plat note references landscape. It is assumed by the reader the reference to landscape is regarding the landscaping located within the common lots of the development. The plat note should be revised to change landscape to landscaping so it is understood that the Route 44 Crossing Owner's Association is responsible for the maintenance of the landscaping located within the common lots. The applicant should provide a revised preliminary plat with plat note#9 revised to state, "Lots 1, 16, 17, 19,27, 35,42,43,44, 53, 54, 55, 62, 64, and 71, Block 1, are common lots with a blanket utility easement for drainage, utilities, landscaping, and irrigation and will be maintained by the Route 44 Crossing Owner's Association. Lot 54, Block 1, shall allow for ingress/egress to allow for parking." The revised preliminary plat should be provided prior to submittal of fmal development plan and fmal plat applications. • Plat note #10 of the preliminary plat states, "Lots 18, 26, 34, and 63, Block 1 are driveway/alley lots with a blanket utility easement for drainage, utilities, ingress/egress, landscape, and irrigation and will be maintained by the Route 44 Crossing owner's association." As previously identified, providing access to more than two (2) lots with a single driveway is prohibited. Also, based on plat note #11 of the preliminary plat identifies that Lot 39, Block 1, has a blanket public utility, drainage, and irrigation easement. Lot 39, Block 1, should be referenced within plat note #10 which will allow for the blanket public utility, drainage, and irrigation easements contained within the ingress/egress lots to be referenced within one plat note. The applicant should be required to provide a revised preliminary plat with plat note #10 revised to state, "Lots 18, 26, 34, 39, and 63, Block 1 are private street/alley lots which have a blanket public utility drainage, irrigation, and landscape easement." The revised preliminary plat should be provided prior to submittal of final development plan and fmal plat applications. • Plat note#11 of the preliminary plat states, "Lot 39,Block 1, is a private street which shall have a blanket public utility, drainage, and irrigation easement, the residential lots located adjacent to Lot 39,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." Page 18 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc As conditioned herein, plat note #10 will only address the required easements and removes the responsibility of maintenance of said lots, plat note #11 should be modified to include the alley lots regarding ingress/egress, operation and maintenance, and the restrictive covenant associated with the operation and maintenance. The applicant should be required to provide a revised preliminary plat with plat note#11 revised to state as follows: The residential lots located adjacent to Lots 18, 26, 34, 39, and 63, Block 1 shall be subject to the following: A) Non-exclusive perpetual right of ingress and egress easement over said lots, B) The easement shall run with the land C) The homeowners association shall be responsible for the operation and maintenance of the private street/alleys, and D) The restrictive covenant for operation and maintenance of the private street/alleys cannot be dissolved or modified without the express consent of the City of Eagle." The revised preliminary plat should be provided prior to submittal of fmal development plan and fmal plat applications. • Plat note#13 of the preliminary plat states, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public street. The easement shall not preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent structures. PUID easement is required where shared units exist due to 0' setback lot line." Since the applicant is proposing private streets, alleys, and driveways within the development it is unknown why the note does not reference the private streets. Also, as noted within the preliminary plat the private streets, alleys, and driveways will have a blanket public utility, drainage, and irrigation easement. Also, based on the setbacks it may not be possible to allocate a 12-foot-wide easement. The applicant should be required to provide a revised preliminary plat with plat note #13 revised to state, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public or private street. The easement shall not preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent structures." The revised preliminary plat should be provided prior to submittal of fmal development plan and final plat applications. • Plat note #14 of the preliminary plat states, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 0-feet adjacent to any interior side lot line, and over the 12-feet adjacent to any rear lot line or subdivision boundary." Based on the recommended rear setbacks, there will be some instances where the rear setback may be 10-feet in width. Since the interior lot lines will have a 0-foot setback to allow for attached units the reference to the interior side lot line easement should be removed. The applicant should be required to provide a revised preliminary plat with plat note#14 be revised to state, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over 10-feet adjacent to any rear lot line and 12-feet adjacent to the subdivision boundary." The revised preliminary plat should be provided prior to submittal of fmal development plan and fmal plat applications. • Plat note #18 of the preliminary plat states, "All on site landscaping will be maintained by the home owner's association and irrigated via the site's proposed pump station which utilizes Middleton Mill Ditch Company surface water rights." Page 19 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc It is unknown if the plat note is referencing the yards associated with the residences and open areas associated with the commercial lots, or if the note is referencing the common lots. Plat note #9 addresses the landscaping within the common lots. In conversation with the applicant, it was indicated the landscaping and irrigation referenced is associated with the yards and the common lots. Since plat note #9 addressed the common lots plat note #18 should be revised to provide clarification regarding the landscaping and irrigation located outside of the common lots. The applicant should provide a revised preliminary plat with plat note#18 revised to state,"All on site landscaping located outside of the common lots will be maintained by the home owner's association and irrigated via the site's proposed pump station which utilizes Middleton Mill Ditch Company surface water rights." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #19 of the preliminary plat states, "For traditional storage building dimensions see architects plan." Since the plat note only references the storage building dimensions and does not address any elements of the preliminary plat the plat note should be removed. The applicant should be required to provide a revised preliminary plat with plat note #19 referencing the storage building dimensions removed. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat shows the commercial lots (Lots 45-52, Block 1) are all accessed from two (2) driveway approaches connected to "C" Street. Visitors patronizing the businesses located within the eight (8) commercial lots may need to cross property lines to access the respective businesses. Also, shared parking may be needed to allow for specific business uses within the subdivision. The preliminary plat also shows a fire department turnaround and parking area which straddles the interior lot lines between Lots 45, 46, and 47, Block 1. The applicant should be required to provide a component to the CC&Rs which addresses pedestrian and vehicular cross access and also shared parking associated with the commercial lots. The applicant should be required to provide a reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking agreement associated with the commercial parcels located adjacent to State Highway 44. The reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking agreement should be reviewed and approved by the City prior to execution and should be recorded and referenced on the fmal plat as a new plat note prior to the City Clerk signing the final plat. • The preliminary plat shows F Street providing access to the adjacent property located north of the proposed subdivision which will provide interconnectivity within the area. Page 2 of 5 of the preliminary plat shows the street section consisting of two (2) 10-foot wide travel lanes with vertical curbing located on each side of the street. Pursuant to Eagle City Code section 9-3-2- 5(B)(2), private streets shall meet such design and dimensional requirements as the Council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. The applicant should be required to provide a revised preliminary plat showing the street section associated with "F" Street to have travel lanes (not inclusive of the curb and gutter) which are a minimum of 12-feet in width. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat shows overhead power located approximately 220-feet from the eastern property line. All overhead power serving the site internally should be removed prior to the City Clerk signing the final plat or issuance of the first building permit,whichever occurs first. Page 20 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub Ise.doc • The preliminary plat shows the locations of the proposed streetlights located within the subdivision. The preliminary plat does not show a streetlight located at the intersection of"E" Street and "F" Street. The applicant should be required to provide a revised preliminary plat which shows a streetlight located at the intersection of"E" Street and "F" Street. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat does not show pedestrian access to Lots 20-25 and Lots 28-33, Block 1. Although "C" Street has an attached sidewalk located on the north side of the street the sidewalk is not extended to provide access to the individual residential lots. The applicant should be required to provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located on each side of the alley lots (Lots 18, 26, and 34, Block 1) (if attached sidewalks are approved by the Council). The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • This application has a conditional use permit associated with the planned unit development. Pursuant to Idaho Code 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 requiring provisions for on-site and off-site public facilities or services. The Idaho Transportation Department (ITD) provided correspondence, date stamped by the City on April 13, 2020, which indicated that ITD has reviewed traffic impact study. The letter referenced the applicant's willingness to participate in a proportionate share contribution towards a continuous flow intersection at SH-44/Linder Road. 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. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Planning and Zoning Commission for their consideration on July 19, 2021, at which time public testimony was taken. The applications were continued to September 7, 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 opposition to the applications was presented to the Planning and Zoning Commission by eleven (11) individuals at the July 19, 2021, public hearing. They were opposed to the proposed rezone for the following reasons: • The proposed two-story units will infringe on the privacy of the adjacent residential neighborhood. The applicant should be restricted to single-story professional office uses. • The applicant has not communicated well with Sedona Creek Subdivision homeowner's association to address their concerns regarding the proposed development. • The proposed high-density residential will have a negative impact on the schools and traffic within the immediate area. • The proposed high-density subdivision will have a negative impact on the State Highway 44/Linder Road intersection since it is already congested. Also, the high-density housing will not transition well with the adjacent residential subdivision. • The proposed development may have negative impacts to the values of the adjacent homes. • The rezone should not be approved to allow for residential units within the development. • The property should be developed based on the comprehensive plan and the existing executed development agreement. • It is difficult for vehicles to exit onto North Linder Road from Sedona Creek Subdivision and if this development is approved it will compound the problem. • There should not be a connection across the Middleton Mill Canal from the proposed Page 21 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc development to the Rick's property located north of the development. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission byo one (1) individual at the September 7, 2021, public hearing. They were in favor of the proposed rezone since the applicant has worked with the Sedona Creek Subdivision homeowner's association to reach an agreement which is beneficial to both parties. The individual requested that the terms of the agreement be included within the conditions of approval associated with the subdivision. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by six(6)individuals who indicated the following: • Supportive of low-key commercial development such as office uses. • Concerned with the proposed setbacks associated with the proposed units located adjacent to Sedona Creek Subdivision. • Supportive of the proposed storage units. • A concern with the future pathways located along the canals. • They do not support the road connection to the Rick's property located across the Middleton Mill Canal to the north. • A concern of what may be built if the applicant does not construct the project as proposed. • The two-story dwelling units located adjacent to Sedona Creek Subdivision should have an increased setback for the second story. • The required buffer fencing located adjacent to Sedona Creek Subdivision should be installed prior to issuance of the first building permit. COMMISSION DELIBERATION(Granicus time 58:00): • The existing executed development agreement associated with the property only allows for commercial uses within the property. As proposed with a majority of the property containing a residential component and storage,the development will have less impact on the adjacent properties. • The two and three story live/work units and residential dwelling units located adjacent to Sedona Creek Subdivision will have an impact on the adjacent neighborhood. • The required setbacks on the lots located adjacent to Sedona Creek Subdivision should be increased to reduce the impact to the residents residing with Sedona Creek Subdivision. • The applicant should be required to provide trees along the shared property line with Sedona Creek Subdivision to provide additional buffering. • The required fence located between Sedona Creek Subdivision and the subject property should be constructed prior to issuance of the first building permit. • The applicant should be required to place street trees located behind the sidewalk at the corner of the lot. • The live/work units should not contain any retail uses. • The Commission supports the terms of the agreement that were agreed upon by the applicant and the Sedona Creek Subdivision homeowner's association. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT AND DEVELOPMENT AGREEMENT MODIFIFICATION: The Commission voted 4 to 0 (McCauley absent) to recommend approval of A-05-19 and RZ-11-19 for an annexation and rezone from R1 and C2(Estate Residential and Community Commercial—Ada County designations) to C-1-DA-P (Neighborhood Business District with a development agreement—PUD), and RZ-06-04 MOD4 for a rezone (with a development agreement modification) from C-1-DA (Neighborhood Business District with a development agreement) to C-1-DA-P (Neighborhood Business District with a development agreement— PUD), with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: Page 22 of 38 KaPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doe 3.1 The maximum number of residential units within the Property shall not exceed 41-dwelling units. 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City, at its sole discretion, determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.4 The Property as depicted on the Concept Plan is to be developed with a combination of retail/office/storage/live-work and residential uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the C-1 zoning designation (except as limited in Section 3.6, below). Buildings shall not exceed 16,000-square feet in size, however, one(1) storage building of up to a maximum of 70,000 square feet is permitted for this area. 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Neighborhood Business District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be)is made for individual building use. All uses shown as "P" permitted under the C-1 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the C-1 zoning designation shall require a conditional use permit. The following uses which are shown as "C" conditional uses under the C-1 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Banks/Financial Institutions(with drive-up service) • Dwelling,Multi-Family (Single-family attached) • Dwelling, Single-Family In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Adult business; • Automotive gas station or fuel islands; • Automotive washing facility; • Cemetery; • Convenience store with fuel service; • Equipment rental and sales yard; • Kennel; • Laundry with drive up service; • Live entertainment events; • Nursery,plant materials; • Personal wireless facilities(height over 35 feet); Page 23 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc • Small engine repair; • Storage(fenced area) In addition, and in accordance with Eagle City Code Section 8-6-4, Uses Permitted, which allows up to ten percent(10%)of the gross land area may be directed to other commercial uses that are not allowed with the land use district, a Restaurant (with drive-through) use shall be permitted on one (1) lot within the Property. 3.5.1 If a building with a drive-through use is approved, Owner shall provide a minimum forty- eight inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall) between the drive-thru lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing). 3.6 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, private streets, private alleys, parking lots, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs. The repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the City. (b) Reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking associated with the commercial parcels located adjacent to State Highway 44. (c) A requirement for all fencing to be installed as shown on the Fencing Concept Plan (Exhibit D). All other fencing(i.e. dog-eared cedar fencing,vinyl, chainlink)shall be prohibited. (d) 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. fie,) The business owner associated with the live/work units shall reside within the residential unit where the business is located. (0 An owner/occupy clause for the residential units. (The language shall be drafted and reviewed and approved by the Sedona Creek Subdivision homeowner's association prior to submittal of a final development plan/final plat application. 3.7 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the City Clerk signing the final plat. Prior to issuance of any building permits, Owner shall provide correspondence from Eagle Sewer District indicating proof of central sewer service to the proposed residential and commercial uses. 3.8 The applicant shall submit a design review application showing at a minimum: 1) proposed development signage, 2)planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential area located adjacent to North Linder Road 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the Page 24 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzfdoc submittal of the first fmal plat or prior to the issuance of a building permit application, whichever comes first. 3.9 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Council) shall be provided prior to the submittal of a 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, 3.11 Owner shall comply with all pathway requirements as identified in Exhibit "E" provided within the PPRC recommendation memorandum dated, June 2, 2021. All pathways shall be constructed prior to the City Clerk signing the first fmal plat. 3.12 The Property shall be limited to no more than one (1) access point onto State Highway 44. The access point shall not exceed right-in, right out ingress/egress, and shall be subject to the review and approval of the Idaho Transportation Department prior to the issuance of a Zoning Certificate for the construction of buildings. 3.13 Access to the Property from North Linder Road and the functionality of that access shall be reviewed and approved by Ada County Highway District prior to submittal of final development plan and fmal plat applications. 3.14 Prior to the issuance of any building permits a final plat (associated with the location of the proposed building)shall be recorded at the Ada County Recorder's office. 3.15 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 CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 4 to 0 (McCauley absent)to recommend approval of CU-10-19/PPUD-07-19/PP- 07-19 for Route 44 Crossing Subdivision (Exhibit "A") for Jay Walker, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission as follows: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-06-04 MOD4 and RZ-11-19. 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. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of a building permit or as specifically approved and/or required." 5. The required setbacks shall be as follows: Page 25 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doe Residential(Lots 2 1 c Block , I Crona >< oad i Front Living 15-feet Garage 29-feet(Front Load) Rear(Lots 13-15) 12-feet Rear(Lots 2-12) 22-feet(2nd story 39-feet) Interior Side(common walls) 0-feet Exterior Side 5-feet Maximum Coverage 50% Residential(Lots 20-25, 28-33, and 36-38, Lots 56-61, and Lots 65-70, Block 1 ►Alle), Load►) Front 15-feet Rear Living 10-feet Garage 5-feet(Maximum) Interior Side(common walls) 0-feet Exterior Side 5-feet Maximum Coverage 50% The live/work units on Lots 36-38, Block 1, shall be limited to two-story. There will be no side windows on the second floor. The second story of the residential units located on Lots 2-12, 22, 23, 30, and 33,Block 1,shall be limited to high transom windows only. Commercial(Lots 40,41,and 45-52) Front 15-feet Rear 0-feet Side 0-feet Street Side 10-feet Maximum Coverage 50% 6. Provide a revised preliminary plat with plat note#5 revised to state,"This development is subject to covenants, conditions, restrictions, and easements (Instrument No. )." The revised preliminary plat shall be provided prior to submittal of fmal development plan and final plat applications. 7. Provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from State Highway 44 and North Linder Road is prohibited unless approved by the Idaho Transportation Department and/or Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 8. Provide a revised preliminary plat with plat note#7 removed. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 9. Provide a revised preliminary plat with plat note#9 revised to state, "Lots 1, 16, 17, 19, 27, 35, 42, 43, 44, 53, 54, 55, 62, 64, and 71, Block 1, are common lots with a blanket utility easement for drainage, utilities, landscaping, and irrigation and will be maintained by the Route 44 Crossing Owner's Association. Lot 54, Block 1, shall allow for ingress/egress to allow for parking." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 10. Provide a revised preliminary plat with plat note #10 revised to state, "Lots 18, 26, 34, 39, and 63, Block 1 are private street/alley lots which have a blanket public utility drainage, irrigation, and landscape easement." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. Page 26 of 38 K.\Ptanning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf don 11. Provide a revised preliminary plat with plat note#11 revised to state as follows: The residential lots located adjacent to Lots 18, 26, 34, 39, and 63, Block 1 shall be subject to the following: A) Non-exclusive perpetual right of ingress and egress easement over said lots, B) The easement shall run with the land C) The homeowners association shall be responsible for the operation and maintenance of the private street/alleys, and D) The restrictive covenant for operation and maintenance of the private street/alleys cannot be dissolved or modified without the express consent of the City of Eagle." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat with plat note #13 revised to state, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the 12-feet adjacent to any public or private street. The easement shall not preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent structures." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary plat with plat note #14 be revised to state, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over 10-feet adjacent to any rear lot line and 12-feet adjacent to the subdivision boundary." The revised preliminary plat shall be provided prior to submittal of fmal development plan and fmal plat applications. 14. Provide a revised preliminary plat with plat note #18 revised to state, "All on site landscaping located outside of the common lots will be maintained by the homeowner's association and irrigated via the site's proposed pump station which utilizes Middleton Mill Ditch Company surface water rights."The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat with plat note #19 referencing the storage building dimensions removed. The revised preliminary plat shall be provided prior to submittal of fmal development plan and final plat applications. 16. Provide a revised preliminary plat showing the street section associated with F Street to have travel lanes (not inclusive of the curb and gutter) which are a minimum of 12-feet in width. The revised preliminary plat shall be provided prior to submittal of final development plan and fmal plat applications. 17. All overhead power serving the site internally shall be removed prior to the City Clerk signing the fmal plat or issuance of the first building permit,whichever occurs first. 18. Provide a revised preliminary plat which shows a streetlight located at the intersection of"E" Street and "F" Street. The revised preliminary plat shall be provided prior to submittal of fmal development plan and final plat applications. 19. Provide a revised preliminary plat showing an attached 5-foot-wide sidewalk located on each side of the alley lots (Lots 18, 26, and 34, Block 1). The revised preliminary plat shall be provided prior to submittal of fmal development plan and fmal plat applications. 20. Provide a reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking agreement associated with the commercial parcels located adjacent to State Highway 44. The reciprocal cross-access for vehicular and pedestrian ingress and egress and shared parking agreement shall be reviewed and approved by the City prior to execution and shall be recorded and Page 27 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20I9\Route 44 Crossing Sub pzf doe referenced on the fmal plat as a new plat note prior to the City Clerk signing the final plat. 21. 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. 22. 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. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the fmal 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. 23. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting the Property prior to the City Clerk signing the final plat. 24. 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). 25. The Route 44 Crossing Subdivision shall remain under the control of one Homeowners Association. 26. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 27. 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. 28. The applicant shall replace the existing vinyl fence (located along the shared property line with Sedona Creek Subdivision) with a 6-foot-high composite fence. The color and style of fencing shall be reviewed and approved by the Design Review Board and City Council prior to installation. The composite fence shall be constructed during Phase 1 of the development prior to the City Clerk signing the fmal plat or prior to the issuance of the first building permit,whichever occurs first. 29. The applicant shall add landscaping consisting of shrubs and a minimum of 4-inch caliper trees along the common border shared between Route 44 Crossing Subdivision and Sedona Creek Subdivision. The applicant shall work with the Sedona Creek Subdivision homeowner's association to review and approve the landscape plan prior to submittal of the design review application. 30. The applicant shall utilize a dark sky style of lighting for all exterior lighting located within the subdivision. The lighting shall be reviewed and approved by the Design Review Board and City Council prior to installation. Page 28 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf doe NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. 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 fmal plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 29 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20t9\Route 44 Crossing Sub pzf doe 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 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 fmal 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. Page 30 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities,the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the 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 Eagle City Parks and Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the fmal 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 fmal 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. Page 31 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc 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 fmal plat, the applicant may construct any approved improvements before the City Engineer signs the fmal plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 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. Page 32 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-05-19/RZ-11-19) and rezone with a development agreement modification (RZ-06-04 MOD4) 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 and rezone with a development agreement modification are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of C-1-DA-P (Neighborhood Business District with a development agreement— PUD) is consistent with the Commercial and Mixed Use designations as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD) zoning district is compatible with the R-2-DA (Residential with a development agreement) and RUT (Rural-Urban Transition— Ada County designation) zones and land uses to the north. The applicant is required herein to provide composite fencing and additional landscaping providing a buffer to the area developed with a residential subdivision (Sedona Creek Estates Subdivision). The area currently zoned RUT (Rural-Urban Transition — Ada County designation) may be developed in a similar manner as the proposed use; d. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD) zoning district is compatible with the RUT (Rural-Urban Transition — Ada County designation) zone and land use to the south since that area may be developed in a similar manner and is separated from the subject property by a state highway; e. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD) zoning district is compatible with the R1 and C2(Estate Residential and Community Commercial — Ada County designations) zones and land uses to the east since that area is developed with a convenience store/restaurant with fuel center and parking; f. The proposed C-1-DA-P(Neighborhood Business District with a development agreement—PUD) zoning district is compatible with the RUT (Rural-Urban Transition — Ada County designation) and MU-DA-P(Mixed Use with development agreement—PUD) zones and land uses to the west since those properties are developed with a church and a multi-family residential subdivision. The properties to the west are separated from the subject property by North Linder Road; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone based on the conditions contained herein. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-10-19/PPUD-07-19/PP-07-19) 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. The subdivision will contain an active balanced community with public walking paths, open space, and recreational spaces that promote a high quality of life. The subdivision will offer a variety of housing which includes single-family townhomes and live/work units. The commercial component of the subdivision will provide employment opportunities, services, recreation, professional office space, neighborhood retail, restaurants, climate controlled and traditional storage; and Page 33 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20l9\Route 44 Crossing Sub pzf.doc 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 applicant is requesting a rezone with development agreement and development agreement modification to allow for a residential component, commercial uses, and storage facility to be located within a site which was previously approved with only commercial uses. The design of the proposed development will allow for the residential component to provide a buffer to the existing adjacent residential neighborhood while still providing commercial uses within the site. The subdivision will be maintained by a professing managed homeowner's association and commercial owner's association. All green space including the homes will be maintained by the respective associations; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Route 44 Crossing Subdivision is designed to conform to the design guidelines identified within the Park Lane Planning Area contained within the comprehensive plan. The amenities are designed to complement the surrounding communities and will be reviewed and approved through the city's design review process;and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The development is planned for residential and commercial uses, 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. Route 44 Crossing Subdivision will be served by State Highway 44(principal arterial) and North Linder Road(principal arterial), and an internal private street network located within the development; 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. 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. The applicant will be contributing $142,000.00 into a road trust held on behalf of the Idaho Transportation Department or constructing improvements to the state highway system to mitigate the impact to the state highway system. At buildout, the development will generate approximately $357,667.00 in tax revenue annually to the respective taxing entities; 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, Suez Water of Idaho, Ada County Highway District, or the Idaho Transportation Department; 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 16.2% (based on the residential area) of dedicated open space consisting of a small park area with a shelter,picnic tables, and a park bench. The remaining open space areas are inclusive of pathways and buffer area along North Linder Road; and Page 34 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc 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 stub streets to the adjacent parcels to the north to provide interconnectivity between North Park Lane and North Linder Road. Access to the development will be from State Highway 44 and North Linder Road. The design and construction of the entrances is guided by the Ada County Highway District and the Idaho Transportation Department; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic,or historic features of major importance are known to exist on the site;and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The development is designed to follow the objectives of the Park Lane Planning Area contained within the comprehensive plan; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This application requests approval for an annexation with rezone, development agreement modification, 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 and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;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. The development provides a mix of commercial and single-family attached residential uses. The commercial portion of the development will provide employment opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. A portion of the single-family residential units are designed as live/work units. The proposed deviations from any standard district regulations will be permitted through a development agreement. The applicant is required to submit design review applications for the subdivision and commercial buildings to be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 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. Page 35 of 38 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc Water Service The project is located within an area that is served by the Suez Water of Idaho. 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 either be dedicated to the Ada County Highway District(public streets) or maintained by the homeowner's association(private streets). Open Space The development will contain a minimum of 16.2% (based on the residential area)of passive and active open space providing the residents with a small park with a shelter, picnic tables, and a park bench. A system of pedestrian pathways will provide the residents a safe and efficient way to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Route 44 Crossing Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Route 44 Crossing Subdivision is located within the West Ada School District boundaries. The applicant is donating an elementary school site to the school district. 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 $357,667/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. Page 36 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doe 3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council 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 fmding: Based on road intersection requirements in proximity to an intersection the Ada County Highway District would not allow for a public road to connect to North Linder Road. 2. The private street within the subdivision will provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The private street is designed to a width equivalent to public street standards to allow for safe and effective vehicle travel. On street parking is provided, typical of low volume traffic streets, with an attached sidewalk located on both sides of the streets for ease of pedestrian traffic flow through the commercial area of the development. 3. The private street provides adequate access for service and emergency vehicles: The private street is designed to meet the fire department emergency service vehicular dimensional standards which require higher standards than other emergency vehicles. The proposed internal circulation of the private street network will adequately serve non-emergency service vehicles; 4. The private streets within the subdivision do not adversely affect access to adjacent properties: The private street network will not adversely affect access to adjacent properties since the adjacent properties have public street access; 5. The private streets will not landlock adjacent property due to topography or parcel layout: The proposed private street network within the Route 44 Crossing Subdivision neighborhood will not landlock any other properties since the adjacent properties have access to public streets; 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; The proposed private street may allow for connection of one public street to another; however, it has always been recognized by the City that a connection between North Park Lane and North Linder Road through this area is to occur. Also, it was was the City's desire to have the connection be a public street; however, due to Ada County Highway District intersection spacing requirements the applicant is required to install private streets; 7. The use or alignment of the private street within the subdivision do not interfere with the continuity of public streets: The proposed private street will provide continuity between North Park Lane and North Linder Road; and 8. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof: The applicant is required to provide an operation and maintenance manual (inclusive of a financial requirement) to maintain the private streets in perpetuity. The operation and maintenance manual will be reviewed by the City Engineer and City Attorney prior to City Clerk signing the final plat. The operation and maintenance manual will be an exhibit to the CC&Rs and cannot be modified without the express written consent of the City. Page 37 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf.doc DATED this 4th day of October,2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho 1,..) , Trent Wr ght, Chairman •,,•,,0....,,,,,,,,,,,,,, A EST: ,.... •••••`•F,P`C'LE• ,T. . ..:. ...• .. • • • • E. 0/, ,Eagle City Clirr[c"j• p •/ 1,0;O • / Z : • S�C,P�Q:Q ; 4 ,'••, v TA1 .•`'� Page 38 of 38 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Route 44 Crossing Sub pzf doc PRELIMINARY PLAT FOR ROUTE 44 CROSSING LOCATED IN A PORTION OF THE WEST 1/2 OF THE SW 1/4ire iiiiiorrilli, c SECTION 12,T.4N.,R.1W.,B.M.,EAGLE,ADA COUNTY,IDAHO € i .' 2021 a CO RI N ili iI I 'ROJECT SITE 1: , ROO_ J MPS 0..10 w3zran u)«' VICINITY MAP "-5«RO'bt E: O z1 «r•YH TURNAROUNDrc RN 0rcinw. M �. _ .1 x . f • ) •" l; fAat n i°A' 5565 new I ;03` mr cWare� �a,,,,m.W. l'l , FFI.� 1 Go 0 30 CO 120 EAv.N.a•H• I• 4 'Tk EI R I SCALE IN FEET �Y / \' Lf�'�'I 1� Y I LOT 14 LCO '''''''',....*.- ,N:-....,..../ Cr' - a 001,2 OM JIM!acme 1rv��Q ° :) }_ I «EwRNNsEox"caEEx eomsw E�.MEr I I-17s � - vo°� ON 12 WM I i «ac o n.ac o.ii•l O • -1�S� « x I I 0416*.011 ""15 CA SAUE x.� •». • spV• b SW1,4!, , a ,- - 1 i � i .I t xS N __ Li Hf 11.g I , _.� ),• i—.. --u.` ".R. ,I - -- -- -a— 'I -n--t,�_�r.. W.=`_ I_ -—�.. at\_1' , �� - i. 1 i� l 1, 1 — u I -s _ .... `FIB _ _ �)s.¢)—_ . 1:. �L L i v .% l�5y''✓-%.? ` 5 15 €Y„' 51 « I .- . bb CO CO it _ _ _ T INDEX 7 J `. ` _�� —wrArEE.EaN w xi+- v s c=r v -—_ O I l /' . qllt a� - ". —-�3.n SIT wcw,v.. a A I —1 ydlllSHEnscn.osewusrrEurar ��f 'a - I. GENERAL NOTES.OET.us.EEt.E)O•NOOME)ANE 1Q692 3. SITE LAYOUT NEST -R/S/1: SITEEAYgO N0ULE 1 —- LAYOUTa. SITE LAYOUT EAST `Eco,e 1, vnutt REPRSEvuTTvc, HY,i"3 r,�a-3• UTILITY REPRESENTATIVE I PHONE Gram h M 1.110 0aI3«c3EP `J3,F DEVELOPER REPRESENTATIVE SSM IAHON3MEYOR CPO BOWER )WFREviNWE CENTURY u'�x."6. xGwS Ind,341621,01 aR Mxa IDEI . „ AIITerra �E.YEW. m. " r .MIA n: w. ICT m1,3,65) ,ESN"TWO �b x CON SUI-I ING xw..o.««x •Ps.NNW IRRIGATION ..IoaETIN Nlu a)O.acwP.x. 0MI«.AUs 0«IwrN Owl.N.. 03gwmHs OW W.33na PRE EAGLE iIN[APARTMENT O«I S)3-3e« xRaa«-Ix, p«),3 51 5