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Findings - PZ - 2021 - RZ-12-21/CU-07-21/PPUD-07-21/PP-14-21 - Benari Estates Subdivision - Benari Estates Subdivision Rezone From A To R-4-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A ) REZONE FROM A(AGRICULTURAL)TO ) R-4-DA-P(RESIDENTIAL WITH A DEVELOPMENT ) AGREMENT—PUD),CONDITIONAL USE PERMIT, ) PRELIMINARY DEVELOPMENT PLAN,AND ) PRELIMINARY PLAT FOR BENARI ESTATES ) SUBDIVISION FOR EAGLE 1,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-12-21/CU-07-21/PPUD-07-21/PP-14-21 The above-entitled rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on November 1, 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: Eagle 1, LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural) to R-4- DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Benari Estates Subdivision, a 148-lot(133- buildable, 15-common)residential planned unit development. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. B. APPLICATION SUBMITTAL: A virtual Neighborhood Meeting was held at 6:00 PM, on Thursday,April 8,2021, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 30, 2021. A revised preliminary plat and planned unit development plan were submitted to the City on September 28,2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on July 2, 2021, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 15, 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 October 15, 2021. The site was posted in accordance with the Eagle City Code on October 15,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 21 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood A(Agricultural) Single-family residence and Residential agriculture Proposed No Change R-4-DA-P(Residential Single-Family Residential with a development Planned Unit Development agreement—PUD) North of site Large Lot A-R(Agricultural- Single-Family Residential Residential) Subdivision(Bakers Acres Subdivision) South of site Mixed Use R-9-DA(Residential Proposed single-family with a development attached subdivision agreement [in lieu of a (Kingfisher Estates PUD])and MU-DA Subdivision)and a single- (Mixed Use with a family residence and development agreement enclosed storage facility [in lieu of a conditional use permit]) East of site Neighborhood R-2(Residential) Single-Family Residential Residential Subdivision(Van Engelen Estates Subdivision) West of site Single-Family Residential Neighborhood R-2-DA-P(Residential Subdivision(Countryside Residential with a development Estates Subdivision) agreement—PUD) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA or DSDA. H. SITE DATA: Total Acreage of Site—35.29 Total Number of Lots— 148 Residential— 133 Commercial—0 Industrial—0 Common— 15 (inclusive of one(1)private street lot) Total Number of Units— 133 Single-family— 133 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 2 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf.doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 3.77-dwelling units per acre 3.77-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 4,703-square feet* 8,000-square feet Minimum Lot Width 45-feet 70-feet Minimum Street Frontage 0-feet** 35-feet Total Acreage of Common Area 8.47-acres 8.41-acres Open Space Percent of Site as Common Area 24.4% 23.8% Open Space Except that,according to ECC Section 9-3-8(C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. ** The proposed lots with no street frontage are designed in conformance with Eagle City Code Section 9-3-2-1(J). GENERAL SITE DESIGN FEATURES: Landscape Screening: The western property line is located adjacent to North Ballantyne Lane which is classified as a collector. The southern property line is located adjacent to West State Street which is classified as a minor arterial. The applicant is proposing a minimum 35-foot-wide buffer adjacent to North Ballantyne Lane and a minimum 50-foot-wide buffer adjacent to West State Street. Also, there is approximately .42-acres proposed to be landscaped located at the intersection of West State Street and North Ballantyne Lane, which is outside of the proposed of the boundary of the proposed subdivision. Open Space: A total of 8.47-acres approximately 24.4% of open space is proposed within the residential subdivision. Approximately 2.15-acres (25.4%) of the proposed open space is considered to be "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots located at the internal street intersections, three (3) park areas, and an open space area located across from the eastern entrance to the development. The park areas consist of a main park that will create a focal point from the main entry from North Ballantyne Lane, a fully fenced dog park located at the center of the project, and a southern park area where the existing pecan trees and the historical barn will be preserved. The park areas will also consist of open view wrought iron fencing,pathways,benches,and a two-sided water feature. Page 3 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pal.doc The applicant is requesting a rezone to R-4 (Residential) which has a minimum lot size of 8,000 square-feet. The preliminary plat shows lots which are below the required minimum lot size. The applicant is required to provide an offsetting increase of open space associated with the lots which are below the minimum lot size. The offsetting increase of open space is then added to ten percent (10%) of the overall area of the site to determine the required open space. Based on the sizes of the lots which are below the required minimum lot size, the applicant is required to provide 4.93-acres of open space (to compensate for the lots below the minimum lot size) which is added to 3.48-acres(10%of the site)for a total required open space area of 8.41-acres. 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. Utility and Drainage Easements, and Underground Utilities: Plat note #4 of the preliminary plat and planned unit development plan, date stamped by the City on September 28, 2021, indicates the public utilities, irrigation, and drainage (PUID) easements as follows: • 12-feet adjacent to the subdivision boundary • 12-feet adjacent to the internal private street • 21-feet adjacent to the public right-of-way • 5-feet adjacent to interior side lot lines • 6-feet adjacent to interior rear lot lines All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—No Preservation of Existing Natural Features: The applicant is proposing to retain several of the existing trees located in proximity to the existing barn. The applicant will be required to mitigate for the remaining trees proposed to be removed. Preservation of Existing Historical Assets: The site contains a historic gabled roof barn which has been on the property since the early 1900's. The applicant is proposing to incorporate the historic barn into a three quarter(3/4) acre park like setting consisting of wrought iron fencing, walking pathway, benches, large existing trees, and landscaping. J. STREET DESIGN: Private or Public Streets: The public and private streets will be constructed based on the Preliminary Street Section Details shown on page PP3.0 of the preliminary plat and planned unit development plan, date stamped by the City on September 28, 2021. Page 4 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf.doc Applicant's Justification for Private Streets: See applicant's justification letter, date stamped by the City on September 23, 2021 (attached to the staff report). Blocks Less Than 500': None Cul-de-sac Design: One(1)cul-de-sac is proposed: • West Yellowstone Court: 235-feet in length, 53-foot radius. Sidewalks: West State Street currently has an existing 5-foot-wide detached sidewalk which extends along the southern property line to the intersection of West State Street and North Ballantyne Lane. The applicant is proposing detached sidewalks separated by an 8-foot-wide planter strip on both side of the public streets. The private streets are proposed with a mix of detached and attached sidewalks to be located on one(1) side of the private streets. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the public and private streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat landscape plan shows six-foot wide pedestrian pathways located within three (3)of the common lots(Lots 26, 50, and 79, Block 3). The pathway located within Lot 26, Block 3, provides interconnectivity between West Timberstone Lane (Pvt) and the sidewalk adjacent to West State Street. The pathway located within Lot 50, Block 3, provides interconnectivity between North Great Falls Avenue and North Goldenstone Lane (Pvt). The pathway located within Lot 79,Block 3, shows interconnectivity between North Arrow Rock Lane(Pvt)and North Wood Stream Avenue. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED:None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists Page 5 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf.doc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: The applicant submitted a Horticulturist/Arborist Consultant report, date stamped by the City on June 30, 2021 (attached to the staff report). P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated September 21,2021, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated October 26, 2021, are of special concern (attached to the staff report). Ada County Highway District Central District Health Department Communities in Motion 2040 (COMPASS) Eagle Fire Department Idaho Transportation Department Marathon Pipe Line,LLC United States Department of the Interior,Fish and Wildlife Service West Ada School District Q. LETTERS FROM THE PUBLIC(attached to the staff report): Correspondence from Pine Ranch Subdivision, date stamped by the City on October 15,2021 Correspondence received from Terry Hall and Marilou Terpenning, date stamped by the City on October 19,2021 Email correspondence received from Tom Barrieau, dated October 19,2021 Email correspondence received from Joe and Linda Easley, dated October 20,2021 Email correspondence received from Mariel Berry, dated October 20, 2021 Email correspondence received from Lory and Greg Dye,dated October 21, 2021 Email correspondence received from Ken Lenz,dated October 21, 2021 Email correspondence received from Brent Deakins,dated October 21,2021 Correspondence received from Pine Ranch Subdivision (with three [3] attached petitions), date stamped by the City on October 22,2021 Signed petitions (six [6] pages) received from area residents, dated stamped by the City on October 22, 2021 Page 6 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf doe Email correspondence received from Candice Hopkins, dated October 25,2021 Email correspondence received from Kathryn Henley, dated October 25,2021 Email correspondence received from Colin Elliott, dated October 25, 2021 Email correspondence received from Gayle and Frank Wright,dated October 25, 2021 Correspondence received from John Caywood, date stamped by the City on October 25,2021 Correspondence received from Ross Kirtley and Laura Johnson, date stamped by the City on October 25, 2021 Correspondence received from Patrick and Mariah Courtright, date stamped by the City on October 25, 2021 R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat and planned unit development plan, date stamped by the City on September 28, 2021, shows three (3) phases of development. The applicant is proposing to develop the three (3) phases in successive years. The first phase is proposed to start in 2022, phase 2 in 2023, and phase 3 in 2024 or 2025. Home construction and sales will continue into 2026 and possibly further depending on market conditions. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. Page 7 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Benari Estates Subdivision\Benari Estates Sub pzf.doc 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating fifty(50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. T. FISCAL IMPACT ANALYSIS: See Developer Data Table, date stamped by the City on June 30, 2021, along with analysis table (attached to the staff report). THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6: Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. 6.4.3 General Land Use Implementation Strategies L. Protect farm-related uses and activities from land use conflicts or from interference created by residential, commercial, or industrial development. Adhere the Idaho Right to Farm Act. X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, Page 8 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benati Estates Subdivision\Benati Estates Sub pzf.doe landscaping or other methods as determined through the development review process. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city(i.e.,R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city(i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area -- Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet)H* Width I* R-4 35' ' 20' 25' 7.5' 20' 40% 8,000 70' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-7-3-5: Conditional Use Permit: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title Page 9 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Benari Estates Subdivision\Benari Estates Sub pzf doe C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9-1-6 Rules and Definitions: PRIVATE STREET: A right of way which provides access to adjacent properties under separate ownership and which is not dedicated to or officially accepted by a public entity, but not including a driveway as defined in subsection 9-3-2-1(J)of this title. • Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design: I. Private Streets: Private streets that provide access to no more than ten percent (10%) of the lots may be permitted within planned unit developments provided that the standards within section 9-3-2-5 of this chapter are met. J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed within any subdivision provided at least one (1) of the lots has the minimum street frontage required in section 8-2-4 of this code. • Eagle City Code, Section 9-3-2-5 Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent(10%)of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 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 Page 10 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Benari Estates Subdivision\Benari Estates Sub pzf doc highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet(34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to,designated parking and "no parking" areas, speed, stop,and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: 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 Page 11 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benan Estates Sub pzf doe maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the fmal 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 shalt, 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 Page 12 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benan Estates Sub pzf.doc planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. D. DISCUSSION (based on the preliminary plat and planned unit development, date stamped by the City on September 28, 2021): • The preliminary plat and planned unit development show a combination of detached sidewalks located along both sides of the public roads and one(1) side of North Great Falls Lane (Pvt). The remaining private streets are shown with attached sidewalks located on one (1) side of the street throughout the development. Pursuant to Eagle City Code Section 8-3-2-5(B)(3) sidewalks shall be required in accordance with subsection 9-4-1-6(F). Pursuant to Eagle City Code Section 9-4-1- 6(F) 5-foot-wide sidewalks separated by an 8-foot-wide landscape strip are required on both sides of street. Pursuant to Eagle City Code Section 9-3-2-5 (E), 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 that any such waiver shall not be injurious to public health or safety. Based on Eagle City Code Section 9-3-2-5 (E), staff will defer to the Commission and Council in regard to the allowance of attached or detached sidewalks to be permitted on one (1) side of the private streets. • The applicant provided a preliminary plat landscape plan, date stamped by the City on June 30, 2021. The fencing exhibit shows solid style fencing located adjacent to the common areas. Pursuant to Eagle City Code Section 9-3-10, open style fencing is required adjacent to common areas. The applicant should be required to provide a revised fencing exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-12-21). • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform to the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a R-4-DA-P (Residential with a development agreement — PUD) zoning designation. The required setbacks within the R-4 (Residential)zone are as follows: Front 20-feet Rear 25-feet Side 7.5-feet Street Side 20-feet Maximum Coverage 40% The applicant is proposing to develop the property with two housing types consisting of large estate homes and single-story detached patio homes. The applicant is requesting the following setbacks be approved (Lots and Blocks are based on the submitted preliminary plat and planned unit development, date stamped by the City on September 28, 2021): Page 13 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Benan Estates Subdivision\Benari Estates Sub pzf doe Proposed Lots 2-11,Block 1 Lots 39-49,Block 3 Remaining Setbacks Lots 2-11,Block 2 Lots Lots 32-37,Block 3 Front 31-Feet(20-Feet 31-Feet(20-Feet 15-Feet(Living) from back of from back of 20-Feet(Garage) sidewalk) sidewalk) Rear 25-Feet 20-Feet 12-Feet Interior Side 7.5-Feet 7.5-Feet 5-Feet Street Side 20-Feet 20-Feet 15-Feet Maximum 40% 40% 50% Coverage The street sections associated with the detached sidewalks located adjacent to the public and private streets shows the detached sidewalk and a portion of the landscape strop encroach 11-feet into the residential lots except for the private street with an attached sidewalk on one (1) side of the street. The applicant is requesting approval to for a 31-foot front setback for the lots fronting the streets with detached sidewalks. The proposed setback will allow a minimum of 20-feet located between the front of the garage and the back of sidewalk. The applicant is requesting approval for a 15-foot(living) and 20-foot(garage) for the remaining lots adjacent to the private streets. These lots are located within the private street area which has an attached sidewalk located on only one (1) side of street. The attached sidewalk is located within the common lot associated with the private street. As proposed, the area located between the front of the garage and the back of sidewalk or between the front of the garage and back of curb (residential lots not fronting a sidewalk) will be 20.5-feet in width. Pursuant to Eagle City Code Section 8-2-4(G), all front load garages are required to be set back 25-feet from the back of sidewalk. I The applicant is proposing the rear setback to vary in width from 25-feet to 12-feet depending on the location of the lots within the development. Although the applicant is proposing the interior of the development to consist of only single-story homes the applicant is not proposing an additional side yard setback for two-story homes located on the larger lots located within the development. The applicant should be required to provide an additional interior side 5-foot setback for multi- story dwellings. It is staff's recommendation that based on the location of the detached and attached sidewalks, and the corner lots being located adjacent to the street, the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Setbacks Lots 2-11,Block 1 Lots 39-49,Block 3 Remaining Lots 2-11,Block 2 Lots* Lots 32-37,Block 3 Front 36-Feet(25-Feet 36-Feet(25-Feet 15-Feet(Living) from back of from back of 20-Feet(Garage) sidewalk)** sidewalk)** Rear 25-Feet 20-Feet 12-Feet Interior Side 7.5-Feet(first story), 7.5-Feet(first 5-Feet 5-feet(each story),5-feet(each additional story) additional story) Street Side 20-Feet 20-Feet 15-Feet Maximum 40% 40% 50% Coverage Page 14 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf.doc * The homes located within the "Remaining Lots" shall be limited to single-story (25-foot maximum height [chimneys and vents may exceed the 25-foot height limitation provided they are architecturally compatible with the dwelling]) ** A single-family dwelling unit that utilizes a side entry garage shall be permitted to a have a 5- foot reduction in the minimum front yard setback. • Bakers Acres Subdivision located north of the proposed Benari Estates Subdivision is designated as Large Lot Residential on the comprehensive plan land use map. Large Lot Residential allows for densities of one unit/acre to one unit/two-acres. Bakers Acres Subdivision contains three (3) residential lots which border the proposed development. The three (3) lots located within Bakers Acres Subdivision have an A-R (Agricultural-Residential) zoning designation with a minimum lot size of approximately 4.8-acres. As proposed, Benari Estates Subdivision contains 12- residential lots located along the shared subdivision boundary with Bakers Acres Subdivision. Six (6) residential lots are located within Block 1 west of North Boulder Ridge Avenue and the remaining six (6) lots are located east of North Boulder Ridge Avenue. In the event Baker Acres Subdivision were redeveloped in the future the highest density which could be approved pursuant to the comprehensive plan designation is one unit/acre with a minimum lot size of 37,000-square feet. As proposed, the lots located adjacent to Bakers Acres Subdivision vary in size from 9,772- square feet to 15,924-square feet with an average lot size of 11,070-square feet, which is less than one-third (1/3) of the size of the minimum lot size in the event Bakers Acres Subdivision were redeveloped. Based on the Bakers Acres Subdivision comprehensive plan land use designation, to provide lot sizing which would be more compatible with future lots within Bakers Acres Subdivision the applicant should be required to provide a revised preliminary plat and planned unit development showing two (2) residential lots removed north of West Yellowstone Court and west of North Boulder Ridge Avenue and three (3) residential lots removed north of West Yellowstone Court and east of North Boulder Ridge Avenue. The revised preliminary plat and planned unit development should be provided prior to submittal of final development plan and final plat applications. • The east subdivision boundary line is located adjacent to Van Engelen Estates Subdivision which has a zoning designation of R-2 (Residential). The nine (9) lots located within Van Engelen Estates Subdivision adjacent to the proposed development vary in size from 13,547-square feet to 24,394-square feet with an average lot size of approximately 17,908-square feet. The residential homes located within Van Engelen Estates Subdivision are near the shared property line. The preliminary plat and planned unit development plan show a total of eleven (11) lots located adjacent to Van Engelen Estates Subdivision which vary in size from 9,738-square feet to 14,266- square feet with an average lot size of approximately 11,070-square feet. To provide an alignment of lot lines and similar lot sizing the applicant should be required to provide a revised preliminary plat and plan unit development which shows one (1) residential lot removed east of North Great Falls Avenue and north of West Deadwood Street and one (1) residential lot removed east of North Great Falls Avenue and south of West Deadwood Street. The revised preliminary plat and planned unit development should be provided prior to submittal of final development plan and final plat applications. • Plat note#1 of the preliminary plat and planned unit development states, "Lots 1 and 12, Block 1, Lots 1 and 12, Block 2, and Lots 26, 38, 47, 50, 60, 79, 90, 96, 97, 109, and 124, Block 3 and are common lots to be owned and maintained by the Benari Estates Community Association." The referenced Lot 124, Block 3, is the common lot which contains the proposed private street. The private street common lot and maintenance of the common lot is addressed within plat note #2 and should not be addressed within plat note #1. Also, although plat note #4 addresses the public utilities, irrigation, and drainage (PUID) easements within the subdivision staff Page 15 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf doc recommends that all the common lots contain a blanket PUID easement. Furthermore, there is no reference to the prohibition of driveways across the common lots. The applicant should be required to provide a revised preliminary plat with plat note #1 revised to state, "Lots 1 and 12, Block 1,Lots 1 and 12, Block 2, and Lots 26, 38,47, 50, 60, 79, 90, 96, 97, and 109, Block 3 and are common lots to be owned and maintained by the Benari Estates Community Association. The common lots are subject to a blanket public utility, drainage, and irrigation easement. Driveways are prohibited across all common lots." The revised preliminary plat and planned unit development should be provided prior to submittal of fmal development plan and final plat applications. • Plat note #2 of the preliminary plat and planned unit development addresses the common lot containing the private street, the required easements, and the operation and maintenance of private street. Although the plat note addresses the items required pursuant to Eagle City Code Section 9-3-2-5, the plat notes states that Lot 124, Block 3, is a private street and does not actually identify the lot and block as a common lot. Also,the second lot and block cite within the plat note references the wrong block. The applicant should provide a revised preliminary plat and planned unit development with plat note #2 revised to state, "Lot 124, Block 3, is common lot containing a private street. The private street shall be owned and maintained by the Benari Estates Community Association. Each lot owner within the subdivision served by the private streets shall have the perpetual right of ingress and egress over the described private streets. The perpetual easement shall run with the land and the restrictive covenant for maintenance of the private streets cannot be modified without the express consent of the city of eagle. Lot 124,Block 3, shall also contain a blanket easement for the benefit of Suez Water and Eagle Sewer District." The revised preliminary plat and planned unit development should be provided prior to submittal of fmal development plan and final plat applications. • The preliminary plat and planned unit development show Lots 5 and 6, Block 3, and Lots 72 and 73 Block 3 take access from shared driveways. Plat note#3 states,"Lots 5 and 73 Block 3 contain an easement for a shared driveway for the benefit of Lots 6 and 72 Block 3 which A) provide perpetual right of ingress/egress, B) the easement runs with the land, and C) shall be maintained by the Estrada Village Community Association." [sic] Pursuant to Eagle City Code Section 9-3-2-1(J), 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. Although Eagle City Code provides an allowance for two (2) lots to gain access from a shared driveway, due to the smaller lot sizes within this development and the proposed setbacks,vehicles which are parked in front of the garage on Lots 5 and 73, Block 3, may block access to Lots 6 and 72, Block 3. Also, the applicant has not identified how public utilities are going to be provided to Lots 6 and 72, Block 3. If the City Council approves the allowance of shared driveways associated with Lots 5 and 6, Block 3, and Lots 72 and 73, Block 3, the applicant should be required to provide a revised preliminary plat and planned unit development with plat note #3 revised to state, "Lots 5 and 73, Block 3, contain an easement for a shared driveway for the benefit of Lots 6 and 72, Block 3, which A) provide perpetual right of ingress/egress, B) the easement runs with the land, and C) shall be maintained by the Estrada Village Community Association. The shared driveway easement shall contain a blanket public utility, irrigation, and drainage easement." The revised preliminary plat and planned unit development should be provided prior to submittal of fmal development plan and final plat applications. • Plat note #5 of the preliminary plat and planned unit development states in part that the setbacks are as specifically approved with the development agreement associated with the development agreement or any subsequent modifications. If the subdivision is approved the setbacks will be addressed within the site specific conditions of approval and not within the conditions of Page 16 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benan Estates Subdivision\Benan Estates Sub pzf.doc development of the development agreement. The applicant should be required to provide a revised preliminary plat and planned unit development with plat note #5 revised to state, "Minimum building setbacks shall be in accordance with the city of Eagle applicable zoning regulations or as specifically approved." The revised preliminary plat and planned unit development should be provided prior to submittal of final development plan and final plat applications. • Plat note #10 of the preliminary plat and planned unit development addresses the ownership and maintenance of the pressurized irrigation system, however, it does not address the irrigation water purveyor, the entitlement to irrigation water rights and/or shares, and that the lot owners will remain subject to assessments from the applicable irrigation entities. The applicant should provide a revised preliminary plat and planned unit development with plat note #10 revised to state, "Irrigation water has been provided by New Dry Creek Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities,to be paid through fees assessed by the Benari Estates Community Association. The pressurized irrigation system shall be owned and maintained by the Benari Estates Community Association, or its assigns." The revised preliminary plat and planned unit development should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat landscape plan, date stamped by the City on June 30, 2021, shows the following areas located within the ACHD right-of-way: 1)the area located at the northeast corner of North Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk along West State Street, 3) the landscape islands located within West Forest Hill Drive in proximity to the entrance with North Ballantyne Lane, and 4) the portion of the planter strips located along the public streets. The applicant should be required to landscaped the following areas located within ACHD right-or-way: 1) the area located at the northeast corner of North Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk along West State Street, 3) the landscape islands located within West Forest Hill Drive in proximity to the entrance with North Ballantyne Lane, and 4)the portion of the planter strips located along the public streets. The landscape plan should be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. The landscaping should be installed, or a surety should be submitted for installation of the landscaping. The applicant should provide a recorded ACHD License Agreement associated with the landscaping located within the ACHD right-of-way prior to the City Clerk signing the final plat. The applicant should provide a revised preliminary plat and planned unit development with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat and planned unit development should be provided prior to submittal of final development plan and final plat applications. • The plat does not contain a plat note regarding Idaho's Right to Farm Act. The applicant should provide a revised preliminary plat and planned unit development with a new plat note which states, "This development recognizes 22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat and planned unit development should be provided prior to submittal of fmal development plan and final plat applications. Page 17 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benan Estates Subdivision\Benari Estates Sub pzf doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on November 1, 2021, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by twenty-two(22) individuals who indicated the following: • The proposed density of four (4) dwelling units per acre is not compatible with the adjacent subdivisions which vary in density from one (1) dwelling unit per five (5) acres to two (2) dwelling units per acre. The development should be re-designed to not exceed two (2) dwelling units per acre. • The subdivision is not designed to provide a transition of lot sizing to be compatible with the adjacent subdivision. • Based on the proposed density, the development is not in conformance with the comprehensive plan. • The City of Eagle is losing its rural character due to the growth within the area. • The traffic impact study provided to ACHD is not accurate due to the number of trips through Pine Ranch Subdivision will exceed the number of trips projected. The applicant should be required to provide a direct connection to West State Street. • The traffic from the proposed subdivision will have a negative impact on Pine Ranch Subdivision due to increased traffic traveling through Pine Ranch Subdivision to travel east on West State Street. • The connections to North Ballantyne Lane and West Deadwood Street do not provide adequate connections for residents within the development to travel east on West State Street. The applicant should be required to re-design the subdivision to provide an additional street connection directly to West State Street. • Based on the proposed density and style of homes, the valuation of existing homes within the immediate area will be reduced. • The aesthetics of the proposed subdivision will have a detrimental affect on the surrounding area. • The proposed setbacks will not provide sufficient area between the new homes and the existing homes located within the adjacent subdivisions. The proposed fencing design will not provide an adequate buffer to the adjacent subdivision to the north due to the current agricultural uses occurring on the properties. The applicant should be required to construct a buffer adjacent to the north property line which will provide a buffer from the adjacent agricultural uses. • There is an existing drainage ditch located along the north property line of the proposed development that may affect the development of the property. • The open space park area located at the corner of West Deadwood Street and North Payette Way (within Pine Ranch Subdivision) will be negatively impacted due to traffic traveling from Benari Estates Subdivision through Pine Ranch Subdivision. • The patio doors of the homes located adjacent to the north property line will be near the horse- riding arenas located on the properties to the north. Dust from the riding area may impact those home located in close proximity to the north property line. • The streets located within Pine Ranch Subdivision contain several blind spots; therefore, the additional traffic from Benari Estates Subdivision will have a detrimental affect on the residents of Pine Ranch Subdivision. • The traffic impact study and ACHD report was not provided in a timely manner to the adjacent neighbors to allow for an appeal process. Page 18 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benan Estates Sub pzf.doc • The internal streets within the proposed development should have sidewalks located on both sides of the street. • Emergency vehicles will have trouble accessing the proposed subdivision due to the lack of connectivity to major streets. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Most of the development within the surrounding area are two (2)dwelling units per acre or lower density. The subdivision should be re-designed to have a density not to exceed two(2)dwelling units per acre which will provide a more appropriate transition to the adjacent subdivisions. • The subdivision should be re-designed with a street access to West State Street to relieve traffic pressure on Pine Ranch Subdivision. • The applicant should be required to provide some form of a buffer along the north property line. COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 2 to 1 (McCauley against, Smith recused, Guerber absent) to recommend denial of RZ-12-21 for a rezone from A (Agricultural)to R-4-DA-P (Residential with a development agreement —PUD), for Eagle 1, LLC. A favorable recommendation would be provided if the proposed density of the development was reduced to a maximum of two(2)dwelling units per acre. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 2 to 1 (McCauley against, Smith recused, Guerber absent) to recommend denial of CU-07-21/PPUD-07-21/PP-14-21 for Benari Estates Subdivision for Eagle 1, LLC. A favorable recommendation would be provided if the preliminary plat was modified to not exceed a density of two (2)dwelling units per acre and an additional street access was provided to West State Street. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed development agreement(RZ-12-21)with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided and testimony received concludes that the proposed rezone is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of R-4-DA-P (Residential with a development agreement—PUD) is not consistent with the goals of the comprehensive plan since there are policies within the plan which provide a guide to protect farm-related uses and activities from land use conflicts or from interference created by residential development. Also, the plan identifies there should be design treatments required to provide residential lot compatibility through transitioning lot sizing, increased setbacks, height limitations, fencing, landscaping, or other methods; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that although adequate public facilities exist, or are expected to be provided, that based on correspondence and testimony received during the public hearing an additional street access to West State Street should be required; c. and f. The proposed R-4-DA-P (Residential with a development agreement—PUD) zone is not compatible with the A-R (Agricultural Residential) zone and land use to the north since and the R-2-DA-P (Residential with a development agreement — PUD) and R-2 (Residential)zones and land uses to the west and the east since the lot sizing identified on the preliminary development plan are not compatible with the adjacent properties. Page 19 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benan Estates Sub pzf doc 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat(CU-07-21/PPUD-07-21) and based upon the information provided concludes that the proposed development is not in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: d. 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; Benari Estates Subdivision does not provide a transition of lot sizes to the adjacent properties located north, east, and west of the development. The development will not be harmonious and appropriate in appearance with the existing or intended character of the area since the preliminary plat does not show a transitioning of lot sizing to the adjacent properties; therefore, the essential character of the area will be changed. f. That the development will not be served adequately by essential public facilities such as highways, streets,police and fire protection,drainage structures,refuse disposal, water and sewer, and schools; Although there are sufficient services (police, fire protection, and refuse disposal) to service the site it was indicated through correspondence and testimony provided by the adjacent property owners that due to the limited number of access points to the subdivision there would be a negative impact from vehicular trips accessing the streets located within Pine Ranch Subdivision to the east. k. That the proposed development will not be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan; The proposed development is not designed to provide a transition of lot sizes or buffering from the adjacent agricultural uses as described in the comprehensive plan. m. 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; Although the development provides a variety of lot sizing the design of the development does not provide an adequate transition of lot sizing to the adjacent subdivisions. 3. The Commision reviewed the particular facts and circumstances of this proposed preliminary plat (PP-14-21) and based upon the information provided concludes that the proposed preliminary plat application is not in accordance with the City of Eagle Title 9(Subdivisions)because: b. Will not be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is not consistent with the policies of the comprehensive plan, due to the lack of providing a transition of lot sizes to the adjacent properties and due to the close proximity of residential dwellings to the north property line it may create a land use conflict with the agricultural activities occurring to the north; c. Will not be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will change the essential character of the same area since the preliminary plat does not show a transitioning of lot sizing to the adjacent properties to the north,east, and to the west. Page 20 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Benari Estates Subdivision\Benan Estates Sub pzf dot DATED this 15th day of November,2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho C57-A--/4-- Trent Wright, Chairman A EST: . O•••••••'•••• • racy E. bo n,Eagle City Caerk 0 nor '. \, Sti A•S: •%` �• O •O•••••ATE•••••• Page 21 of 21 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Benari Estates Subdivision\Benari Estates Sub pzf doc