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Findings - PZ - 2021 - A-02-21/RZ-02-21/RZ-23-07 MOD3/PP-03-21 - Terra View Subdivision - Annexation, Rezone With Da, Da Mod, Preliminary Plat BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT(RURAL-URBAN TRANSITION—ADA ) COUNTY DESIGNATION)TO MU-DA(MIXED ) USE WITH A DEVELOPMENT AGREEMENT ) [IN LIEU OF A PUD]),DEVELOPMENT ) AGREEMENT MODIFICATION,AND ) PRELIMINARY PLAT FOR TERRA VIEW ) SUBDIVISION FOR TERRA VIEW,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-02-21/RZ-02-21/RZ-23-07 MOD3/PP-03-21 The above-entitled annexation, rezone with a development agreement, development agreement modification, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their consideration on November 1, 2021. The applications were continued to November 15, 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: Terra View LLC, represented by Dave Sterling with T-O Engineers, is requesting annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 44-acres, a development agreement modification, and preliminary plat approvals for Terra View Subdivision, a 460-lot (396-single family residential,4-commercial [may allow up to 192-multi-family residential units], 60-common)mixed use subdivision. The approximately 330.8-acre site is located on the northeast corner of West Beacon Light Road and State Highway 16. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, September on Thursday, September 24, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on January 26, 2021. A revised preliminary plat, phasing plan, and narrative were submitted on June 4, 2021. An Environmental Impacts Memo was submitted to the City on June 24, 2021. A revised applicant's version of the Restated Development Agreement was submitted to the City on June 24, 2021. A Preliminary Irrigation Report was submitted to the City on July 7, 2021. A Preliminary Grading and Grading Drainage plan was submitted to the City on September 15, 2021. A Northern Boundary Cut/Fill Exhibit was submitted to the City on September 15, 2021. Construction drawings for typical road cross sections was submitted on September 15, 2021. A second revised applicant's version of the Restated Development Agreement was submitted to the City on September 30, 2021. A city park reimbursement request was submitted to the City by the applicant on October 25,2021. Page 1 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on February 19, 2021, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on 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 Eagle City Code on October 18, 2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 9, 2009, the City Council approved an annexation and rezone from RUT (Rural- Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement in lieu of a PUD) for the Terra View development for SB/CH Land Company (Flack/Carlock), LLC. At that time the Council instructed staff to work with the applicant to address the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary prior to approving the development agreement for the project(A-16-07/RZ-23-07). On January 9, 2009, the City Council approved the development agreement associated with the Terra View development for SB/CH Land Company(Flack/Carlock),LLC. On January 10, 2012, the City Council approved a modification to the development agreement to extend the time for submittal of a preliminary plat application and to correct a typographical error contained within a condition of development(RZ-23-07 MOD). On February 4, 2015, an extension of time to submit a preliminary plat was approved pursuant to Condition of Development 3.2 of the executed development agreement(Instrument#109021224). The extension of time was approved to be valid until February 25,2017(RZ-23-07). On March 14, 2017, the City Council approved a development agreement modification regarding the timing of submittal of a preliminary plat application(RZ-23-07 MOD2). E. COMPANION APPLICATIONS: Floodplain Development Permit Application, date stamped by the City on May 27, 2021 (FPDP- 03-21). F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated January 26, 2021, provided by the applicant's representative (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated January 26, 2021, provided by the applicant's representative (attached to the staff report). Page 2 of 50 K:\Flanning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Village/Community RUT(Residential—Ada Agriculture Center,Compact County designation)and Residential, and Large Lot MU-DA(Mixed Use with a Residential development agreement [in lieu of a PUD]) • Proposed No Change MU-DA(Mixed Use with Mixed use development Development Agreement[in including commercial, lieu of a PUD)Area currently retail, single-family,multi- zoned RUT(Rural-Urban family residential. Transition—Ada County designation) North of site Large Lot Residential and RUT(Residential—Ada Two (2)single-family Agriculture/Rural County designation)and A- residences and vacant R-DA(Agricultural- property Residential with a development agreement) South of site Village/Community RUT(Residential—Ada Single-family dwelling, Center County designation),MU- agriculture,vacant parcel, DA(Mixed Use with a and proposed Treasure development agreement),and Valley Chevron C-1-DA(Neighborhood Business with a development agreement) East of site Village/Community RUT(Residential—Ada Four(4)single-family Center, Compact County designation) residential homes and Residential, and Large Lot agriculture Residential West of site Mixed Use,Large Lot RUT(Residential—Ada Three(3)single-family Residential, and Estate County designation),MU- residences and golf course Residential(City of Star) DA(Mixed Use with a development agreement [in lieu of a PUD]) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA,CEDA,or DSDA. J. SITE DATA: Total Acreage of Site—330.8-acres Total Number of Lots—460 Residential—396 Commercial—4 Page 3 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc Industrial—0 Common—60 Total Number of Units - Single-family—396 Duplex—0 Multi-family— 192(possibly within a commercial lot) Total Acreage of Any Out-Parcels-0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.09-dwelling units per acre Up to 2.09-dwelling units per acre maximum(as limited within the development agreement) Minimum Lot Size 8,160-square feet 5,000-square feet Minimum Lot Width 65-feet 50-feet Minimum Street Frontage 0-feet 35-feet Total Acreage of Common Area 89.1-acres 54.2-acres(minimum) Open Space Percent of Site as Common Area 32.8% 20% Open Space Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. K. GENERAL SITE DESIGN FEATURES: Landscape Screening: The preliminary plat and development plan, date stamped by the City on June 4, 2021, shows the portion of the common lot located adjacent to North Palmer Way to be a minimum of 52-feet in width. The typical street section for North Palmer Lane shows a maximum 8-foot-high berm located within the common lot. The typical street section for West Riojo Drive,North Terra View Way, and North Archwood Way shows a 52.5-feet wide buffer with a maximum 9-foot-high berm located on the residential side of collector. Open Space: A total of 89.1-acres (32.8%) of open space is proposed within the residential area of the subdivision. The common area open space is inclusive of an 11-acre public park, an 8.2-acre equestrian and pedestrian trailhead, and an approximately 7-acre private park area which will contain a swimming pool and pool house. The remaining common area open space areas will contain the buffer lots associated with North Palmer Way, West Kingsway Drive, and North Archwood Way,pathways,ponds,and beaches for the adjacent residential lots. Page 4 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc Commercial Area: The development will contain four(4) commercial lots consisting of approximately 60.6-acres in area. Two (2)of the commercial lots will be utilized for uses allowed pursuant to the Village Area Planning Area as defined by the comprehensive plan. A two (2) acre lot will be reserved for the City for the City's use should it be needed. The remaining lot will be used as a developer office lot. The developer's office lot will contain an office for lot sales and operation and maintenance of the development. The lot will also contain enclosed storage buildings to store equipment utilized for fanning and irrigation equipment so they may continue to farm the undeveloped portion of the development. The storage buildings will also be utilized to store equipment for the operation and maintenance of the subdivision. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide,except that lesser easement widths,to coincide with respective setbacks, may be considered as part of the planned unit development. The applicant provided a preliminary plat,date stamped by the City on June 4, 2021,which contains a plat note that reference the property lines located adjacent to the public streets have a 12-foot-wide public utility, irrigation, sewer, and lot drainage easements. The preliminary plat also contains separate plat notes referencing that the interior side lot lines have a 5-foot-wide public utility, irrigation and lot drainage easements, and the rear lot lines have a 10-foot-wide public utility,pressure irrigation, and lot drainage easements respectively. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire Department. The proposed development is located within the City of Eagle Municipal Water Service Area. On-site Septic System(yes or no)—No Pressurized Irrigation: The applicant provided a Preliminary Irrigation Report, date stamped by the City on July 7, 2021, which has been reviewed and recommended for approval by the City Engineer. Preservation of Existing Natural Features: There are a few mature trees and a pond area located in proximity to the northeast corner of the property. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. Page 5 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pz'.doc L. STREET DESIGN: Public Streets: As shown on the preliminary plat and development plan, date stamped by the City on June 4, 2021, the subdivision will be served by public streets. The proposed public streets have been reviewed and approved by Ada County Highway District as conditioned within their report, date stamped by the City on June 17, 2021. Applicant's Justification for Private Streets(if proposed):None proposed. Cul-de-sac Design: Six(6)cul-de-sacs are proposed: • North Honey Hive Place: 553-feet in length, 63-foot radius • North Lighter Place: 280-feet in length,63-foot radius • West Starwood Court: 470-feet in length, 63-foot radius(Two [2] sections) • North Holly Oak Place: 448-feet in length, 63-foot radius • North Templeton Way: 546-feet in length, 63-foot radius Sidewalks: The street sections identified on the preliminary plat, dates stamped by the City on June 4, 2021, show the following: • Hartley Road is proposed with a detached 10-foot-wide multi-use pathway. • West Beacon Light Road is proposed with a detached 12-foot-wide multi-use pathway. • North Palmer Street, West Riojo Drive, North Terra View Drive, and North Archwood Way are proposed with a detached 5-foot-wide sidewalk on one side of the street and a detached 10-foot-wide multi-use pathway on the opposite side of the street. • The interior streets are proposed with detached 5-foot-wide sidewalks located on both sides of the street. The landscape area and sidewalks will be contained within the right-of-way. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: The preliminary plat date stamped by the April 9, 2021, shows pathways within the proposed public park area,the common lot containing the swimming pool,and at the public trailhead area. Page 6 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 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: The applicant is proposing to dedicate an 11-acre public park, 8.2-acre public trailhead, and a 2- acre property located within the Multi Use Area (as shown on the Terra View Site Plan, date stamped by the City on September 30, 2021). The 2-acre site is to be reserved for the City of Eagle for its selected uses. 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 by the City of Eagle Municipal Water System. The Eagle Sewer District provided an email which indicated the property is annexed into the District with the exception of one(1)parcel. The property will be served by a 12"PVC sewer trunk line located on Beacon Light Road. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—Zone"A",FIRM panel#16001 C0130J, effective date 06/19/2020 Mature Trees—yes—Located in proximity to the northeast corner of the development Riparian Vegetation—yes—located around the pond at the northeast corner of the property Steep Slopes—yes—adjacent to the Farmer's Union Canal along the north property line Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—unknown R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Wetlands Review Letter, date stamped by the City on January 26, 2021 (attached to the staff report). Terra View Subdivision, Environmental Impact Memo, date stamped by the City on June 24, 2021 (attached to the staff report). 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 September 30, 2021, are of special concern(attached to the staff report). City Water Superintendent: Storage and Trunk Line (STL) Fee Waiver Request — Memo approving waiver to delay payment of Eagle Municipal Water STL fees, dated October 26, 2021 (attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated March 19, 2021, are of special concern (attached to the staff report). Page 7 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc Ada County Highway District Ballentyne Ditch Company Central District Health Communities in Motion 2040(COMPASS) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Jerry A. Kiser(on behalf of the Farmers Union Ditch Company, Ltd.) Marathon Pipe Line West Ada School District T. LETTERS FROM THE PUBLIC (attached to the staff report): The following correspondences were emailed to the City from Ashley Young with Red Butte, LLC(applicant)on August 6, 2021: • Correspondence from KC Colson,date stamped by the City on August 6,2021 • Correspondence from Victor D. Loewen, date stamped by the City on August 6, 2021 • Correspondence from Bob Hanson, date stamped by the City on August 6,2021 • Correspondence from Jay Stillwell,date stamped by the City on August 6,2021 Email correspondence received from Lon R. Stewart,dated October 28, 2021 U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: See narrative provided by the applicant's representative, date stamped by the City on June 4, 2021 (attached to the staff report). V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. Page 8 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (Western Area Plan adopted 02-10-15) designates this site as: Village/Community Center Village and Community Centers are intended to serve as mixed use centers for goods, services and employment for areas that are removed from downtown Eagle. Uses and residential densities vary based on location. See the planning area text for a complete description of site specific uses. Compact Residential Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. Large Lot Residential Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. Page 9 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzfdoc Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. 6.6 Village Planning Area 6.6.1 Village Planning Area Uses/Design A. The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality, and office uses. Non-residential uses will be focused in the Village Center. 1. Village Center: The Village Center is generally located along the north and south sides of Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown on the Future Land Use Map (Map 6.1). All Non- residential uses will be focused in the Village Center. This area is comprised of three key components: a. A research/development park, educational campus, and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting with ancillary commercial uses located in the Village Center;and b. The village center should include supporting office, retail commercial, hospitality, and civic uses that will benefit and support the non-residential uses,as well as the larger residential area; c. Office and restaurant uses with drive thrus are considered a supporting use to the corporate and campus uses. Office and restaurant uses that are appropriately designed and internally oriented to the larger development area may be considered on a case by case basis. (See Figure 6.9) d. Non-residential development in the northeast portion of the Village Center should be designed and oriented to capitalize on the needs of users of the future 22-acre Terra View Park. 2. Residential Uses should be developed as follows: a. New developments proposed near the Village Center in the Compact Residential designation are encouraged to include apartments, town homes, condominiums, patio homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre. b. Densities should decrease as distance increases from the village center. The overall densities in the Village Planning Area and in the Neighborhood Residential designation, south of Beacon Light Road, should average 1-2 units per acre. Residential area north of Beacon Light is Large Lot Residential with a Residential Transition Overlay, transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. c. Lot sizing and compatibility will be paramount as residential development reaches the existing 2 and 5-acre lots in the area east of Linder Road and north of Floating Feather Road. Special care should be given to the feathering and clustering of residential units as development reaches the Page 10 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc foothills/Farmers Union Canal. (See Figure 6.10) d. All non-residential use in the Village Planning area should be directed to the Village Center or the commercial center at State Highway 16 and State Highway 44(See Moon Valley& State Planning Area Section 6.10). Figure 6.9: Village Center Concept Figure 6.10: Farmland Cluster .1 `� 4:,,,,.r-,.:.,„ / t`, ' it i r ça ..� fr ot r � � r, %•..�) � Q,, r ` t",t—v.t ,'", -. .4"'"1 /712)-•• febtV#,,,,,y ��ii'4 hiss ,- , �¢ A ., �® J Source: Rural by Design by Randall Ardent 6.6.2 VILLAGE PLANNING AREA ACCESS A. The development Village Center Planning Area should include the construction of north/south boulevards as entry roads into the area. These roads should include planted medians, detached sidewalks, and traffic circles. B. This area will also include the extension of Homer Road from Linder Road to the Village Center. The intent of this roadway extension is to allow connectivity from the areas north of Beacon Light Road into the Village Center while decreasing demand on Beacon Light Road. Front-on housing should be discouraged on this roadway. C. The Village Planning Area will be dependent upon the interconnectivity of local roads as the area develops. D. Access to the area from State Highway 16 should be limited to Beacon Light Road and, in the short-term,Floating Feather Road. E. Commercial and retail uses should be discouraged from fronting on State Highway 16. Non-residential uses should be focused internally to the Village Center with residential uses focusing on local/collector roads. F. ITD should be discouraged from constructing frontage roads along the eastern side of State Highway 16. Alternatively, development should install landscape berms along State Highway 16 to continue a gateway feeling similar to Eagle Road. G. A collector road should be constructed from the Village Center south to Floating Feather Road and into the commercial development at the State Highway 44 and State Highway 16 intersection. H. The design of the area should incorporate non-motorized pathways linking residential areas to the Village Center, foothills,and the existing Eagle Downtown. Page 11 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 6.6.3 ISSUES OF CONCERN A. The scaling and compatibility of uses will be of significant concern in this area. in order for non-residential uses to locate in this area they will require the establishment and development of residential uses prior to construction. The compact residential designation should be developed to support the planned non-residential uses in the area. New residents should be made aware that the area is intended to have research/development park, educational campus, and/or corporate park uses in the area. B. Special care should be taken to preserve the Village Center area. While residential uses will be the first demand in the area the City needs to work with land owners and developers to preserve sufficient land for the non-residential uses that will be needed to serve the area at buildout. If development pressure is not held back, the City's vision for an employment area will not be achieved. C. Special care should be taken to ensure that employment uses are incorporated into the Village Center. The Village Center designation is scaled for the inclusion of employment uses. If the City allows the area to shift into a retail and/or commercial- only area the size of the land use designation should be re-scaled. D. Special care should be taken to ensure that non-residential uses area internally oriented to the Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an entry corridor will not be achieved. B. 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 Definitions: 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. EASMENT: Authorization by a property owner for the use by another, and for a specified purpose,of any designated part of his property. INDUSTRY: A. Custom: Establishments primarily engaged in on site production of goods by hand manufacturing involving the use of hand tools and small scale equipment. B. Limited: Includes mechanical equipment not exceeding two (2) horsepower, a single kiln not exceeding eight(8) kilowatts and the incidental direct sale to consumers of only those goods produced on site. Typical uses include custom bookbinding, ceramic studios, candle making shops, and custom jewelry manufacture. INDUSTRY RESEARCH AND DEVELOPMENT: Establishments primarily engaged in the research, development, and production of high technology electronic, industrial or scientific products or commodities for sale, but prohibits uses that may be objectionable by reason of production of offensive odor, dust, noise, vibration, or storage of hazardous materials. Examples of uses include, but are not limited to, biotechnology firms, and computer component manufacturers. RESTAURANT WITH DRIVE-THROUGH: A restaurant, typically with indoor seating, which includes drive-up window service for ordering food to go. Page 12 of 50 K:\Planning Dept\Eagle Applications\SUBS\202Mena View Sub\Working Files\Terra View Sub pzf.doc • Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition, the specific purpose of each zoning district shall be as follows: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed ten (10) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy,potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width,plantings, and fencing are as follows: a. Any road designated as a collector on the master street typologies map in the Eagle comprehensive plan: A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be provided with the following plants per one hundred(100) linear feet of right of way: four (4)shade trees, five(5)evergreen trees, and twenty four(24)shrubs. Each required shade tree may be substituted with two(2)flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone, decorative rock,or similarly designed concrete wall is to be provided in combination with the berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Page 13 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc • Eagle City Code, Section 8-2-3 Schedule of District Use Regulations: Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. Restaurant(with drive-through) is a prohibited use in the MU(Mixed Use)zoning district. • Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU(Mixed Use)zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.)G And H* MU 35' 20' 20' 7.5' 20' 50% 5,000 50' 8-2-4(G): A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square footage in open space and a planned unit development is applied for and approved. • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large-scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3: Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: j. Lot lines and blocks showing the dimensions and numbers of each; • Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design: 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 9-3-6: 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. Page 14 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. D. FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards: Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in section 10-1-6,where no base flood elevation(BFE)data has been provided by FEMA,the following provisions, in addition to the provisions of section 10-1-8-2 and section 10- 1-8-6, shall apply. The BFE used in determining the flood protection elevation(FPE) shall be based on the following criteria: 3. All subdivision, manufactured home park, and other development proposals shall provide base flood elevation(BFE) data if development is greater than five (5)acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with section 10-1-6 and utilized in implementing this chapter. The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision(LOMR)prior to any building permits for structures being issued. E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4 The approximate 287.6-acre site of Terra View shall consist of approximately 241.67-acres of residential use (single-family and multi-family units) and approximately 46.0-acres of non- residential uses as described below. 3.4.1 Village Planning Area. Situated at the Northeast corner of Highway 16 and Beacon Light Road, this portion of the Property is located within the Village Planning Area pursuant to the Eagle Comprehensive Plan (Chapter 6.8.3). Applicant agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area, Village Center, and Community Commercial areas as identified in the Comprehensive Plan emphasizing mixed uses of residential and commercial development that provides for a transition of density within this portion of the Property. Residential and non-residential development shall emphasize pedestrian-friendly development. 3.4.1.1 Residential development shall consist of single-family homes, apartments, town homes, condominiums and patio homes with a range of densities and with density generally decreasing as the area radiates out from the Village Center/ Community Commercial. Page 15 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc 3.4.1.2 Commercial development in the Village Planning Area should strive to enhance vehicular trip capture minimizing high traffic generating uses. The Village Planning Area specifically seeks to provide: retail commercial; hospitality; civic uses; and a research and development/educational campus and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting near ancillary commercial uses located in the Village Center. 3.4.2 Non-Residential (Commercial) Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Village Center corporate campus and are otherwise limited to the following uses: • Bar • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales(hours limited to 7am to 10pm) • Grocery Store(not to exceed 55,000 square feet) • Fuel Service • Hospital • Live Entertainment Events • Massage/Spa • Office: Business,Professional and Medical • Professional Activities • Restaurant(hours limited to 7:00am to 11:00pm) • Retail Sales Limited • Retail Sales(pharmacy and medical) • Travel Services • Theater(movie) 3.4.2.1 Except as described in Section 3.4.2 above, no single retail tenant on the Property shall exceed twenty- five thousand(25,000) square feet in building footprint area without a conditional use permit. A Grocery Store exceeding 55,000 square feet shall require a Conditional Use Permit. 3.4.2.2 Non-residential (commercial) mixed uses with limited hours of operation/hours of delivery listed in Section 3.4.2 above may obtain expanded hours of operation/hours of delivery through the modification of this Agreement. 3.4.2.3 Notwithstanding the allowed uses set forth in Section 3.4.2 above, no portion of the Property shall be used for any of the following uses: • All Industrial Uses • Outside Storage • Adult Business • Automotive, Mobile Home,Travel Trailer, and/or Farm Implement Sales • Cemetery • Drive-in Theatre • Mortuary/Funeral Home • Storage(fenced area) 3.4.3 Residential Development. 3.4.3.1 The total residential area shall be approximately 241.67 Acres (inclusive of open space) representing 84.0% of the Property. The maximum density for the Property shall be approximately 2.99 dwelling units per acre with a maximum of 722 dwelling units conceptually depicted on the lot layout plan of Exhibit D attached hereto and made a part hereof. Residential portions of the Property shall Page 16 of 50 K:\Planning Dept\Eagle Applications\SUBS\202I\Tera View Sub\Working Files\Terra View Sub pzf.doc not require a conditional use permit. 3.4.3.2 Residential development shall emphasize transitioning with multi-family dwellings adjacent to mixed use non-residential development. Single-family residential lots shall be no less than Seventeen Thousand (17,000) square feet in size adjacent to the northern boundary of the Property. 3.4.3.3 All non-residential (commercial) mixed uses may be subject to reasonable dark- sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.5 The Village Planning Area shall consist of a boulevard that shall include medians, sidewalks and limited signalization similar to Harrison Boulevard in Boise. Applicant shall work with Ada County Highway District ("ACHD") and Eagle through the Transportation Land Use Integration Plan ("TLIP") to establish cross sections for Beacon Light Road and Palmer Road that are unique to the Eagle Wine District Overlay. 3.5.1 Applicant acknowledges that its access point to Beacon Light Road eventually shall be coordinated with the access point to Beacon Light Road with the property owner south of Beacon Light Road as depicted on the Plan. (Village Gateway access). 3.5.2 In the event ACHD determines that a Park & Ride facility is desired by ACHD at a location on the Property, Applicant shall cooperate with ACHD in connection with ACHD's purchase of property and development of the public Park & Ride facility. Such facility shall not exceed 1.5 acres in size and shall be located at a location mutually acceptable to Applicant and ACHD. 3.6 Eagle hereby acknowledges that the typical housing styles and lot layout plan depicted on Exhibit D represent Applicant's concept for Terra View. Eagle and Applicant acknowledge that changes in the concept may occur; provided, however, changes shall substantially conform to the Plan and limitations described herein. Applicant also understands and agrees that any changes regarding development of Terra View shall be in conformance with the Terms of this Agreement and any other decisions made by the City Council on any subsequent applications filed by the Applicant. 3.7 All multi-family structures shall comply with Eagle City Code Section 8-2A and shall receive approval from the Eagle Design Review Board and Eagle City Council prior to the issuance of any building permits. 3.8 Dimensional standards and respective setbacks within Terra View shall be as follows: 5,000 sq. ft. lots(with alley): Front: 10 feet Rear: 20 feet(measured from edge of pavement) Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% 5,000 sq. ft. lots(no alley): Front: 10 feet- living area/20 feet front-load garage to back of sidewalk Rear: 20 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% Page 17 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub p£doe Active Adult: Front: 10 feet-Living area/20 feet front-load garage to back of sidewalk Rear: 5 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% 8,000 sq. ft. lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 32% 12,000 sq. ft. lots(less than 75 feet of frontage): Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 31% 12,000 sq. ft. lots(greater than 75 feet of frontage): Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21% 17,000 sq. ft. lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21% 21,000 sq. ft.or larger lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 16% Mansion-style homes: Front: 10 feet Rear: 10 feet Side: 5 feet(10 feet between structures) Street Side: 6 feet Page 18 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc Maximum Lot Coverage: 51% 3.11 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries at the time of submitting the first preliminary plat application. A letter of approval shall be provided to the City from the Eagle Sewer District approving the construction plans prior to submittal of the respective final plat application. In the event that Eagle Sewer District cannot serve the property, Applicant and Eagle shall meet to evaluate and in good faith timely arrive at a mutually-agreeable wastewater treatment and disposal alternative. 3.13 Applicant shall provide an on-site, tree lined landscape strip along State Highway 16 and Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within the landscape common lot as generally depicted on Exhibit A. The width of the landscape strip in various locations shall be as depicted on Exhibit A. The landscape, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions and as set forth as follows: 3.13.1 A seventy-five (75) foot wide common lot shall be provided adjacent to residential areas along State Highway 16 and shall include a minimum ten (10) foot high, maximum twelve (12) foot high, berm/wall combination with extensive landscape to provide a buffer. All buffers should be located within a common lot outside of the one hundred (100) foot setback from centerline for right of way dedication to the Idaho Transportation Department("ITD"). 3.13.2 A fifty (50) foot wide common lot shall be provided adjacent to residential areas along Beacon Light Road and shall include a minimum five (5)foot high, maximum eight(8) foot high,berm/wall combination with extensive landscape to provide a buffer. 3.13.3 The Property shall be designed to allow for a public roadway connecting this site to the adjacent site to the east and to the Village Gateway development to the south. Approved access points are subject to approval by ITD and ACHD, as applicable, and Applicant must provide all necessary approvals and/or license agreements. 3.14 Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. All buildings shall be provided with architectural design elements and architectural relief in keeping with the proposed architectural styles contained in Exhibit F,attached hereto and incorporated herein. 3.14.1 All structures within Terra View shall be constructed utilizing "Tuscan" style architecture. Commercial/retail buildings, single-family residential, multi-family residential units, active adult residential units and common area amenities shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board in effect as of the Effective Date and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, multi-family residential units, common area amenities, pumphouse for irrigation, and gazebos. To assure compliance with this condition, Applicant shall create an architectural control committee ("ACC") as a component of Terra View's restrictive covenants ("CC&Rs"). Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and reasonably approved by the Eagle city attorney prior to the approval of the first final plat. Page 19 of 50 K:\Planning Dept\Eagle Applications\SUBS\202I\Terra View Sub\Working Files\Terra View Sub pzf.doc The submittal of the building permit application to Eagle for each building within the development shall be accompanied by an approval letter from the ACC. Building permit applications that do not have an approval letter attached will not be accepted. 3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be provided consistent with Eagle City Code to be reviewed by the Parks and Pathway Development Committee or other appropriate recommending body of Eagle prior to preliminary plat approval. 3.16 Applicant shall provide a private community park approximately 7 acres in size as conceptually depicted on the Plan and as depicted on Exhibit G, attached hereto and incorporated herein. Applicant shall develop an approximately 21 acre public park recommended for approval by the Parks & Pathway Committee on March 19, 2008 as conceptually depicted on Exhibit G, which park shall be dedicated to Eagle. 3.17 Applicant acknowledges that the Property is located within the Eagle Municipal Water Service Area and compliance with applicable sections of Eagle City Code shall be required. If there are any conflicts between such applicable sections of Eagle City Code and this Agreement, this Agreement shall control. It is the purpose and intent of Eagle and Applicant for Applicant to develop the Water System, defined below, and convey same to Eagle for Eagle to provide municipal water service to Terra View. In connection with the review of the first preliminary plat application, Applicant and Eagle shall work together in good faith to develop a plan and timeline to provide municipal water to Terra View and payment of the "Water Construction Equivalency Fee", as such term is defined in Eagle City Code. Prior to Eagle's execution of any final plat, Eagle and Applicant shall, in good, faith, reconcile the costs expended by Applicant in connection with the Water System and any Over-sized Water Facilities, defined below, such that Applicant shall be given credit against the Water Construction Equivalency Fee due and owing by Applicant and associated with any portion of the Property being final platted, or by executing a Water Reimbursement & Latecomers Agreement, defined below, between Eagle and Applicant. Applicant shall construct the municipal water conveyance system within Terra View for municipal water as required to serve Terra View, hereinafter referred to as the "Water System", on a phase-by-phase basis. The phasing of Terra View may dictate the location and construction of the Water System components, but such construction shall follow Eagle's water system facility plan or its equivalent at the time of construction. In designing and constructing the Water System, Applicant shall consult regularly with Eagle and construct the Water System to Eagle's standards. Wherever feasible, Applicant and Eagle agree to cooperate as appropriate on development and operation of facilities that may include, without limitation, production wells, storage reservoirs, emergency back-up power generators, and similar facilities. As part of the construction of the Water System and conveyance to Eagle, Applicant and Eagle shall cooperate to the greatest extent practicable to ensure that all municipal water rights necessary to serve Terra View are secured by Applicant for the Water System and that the Water System can be permitted and operated in conjunction with existing and planned water facilities of Eagle. Applicant shall transfer, convey or assign (on a phase by phase basis) municipal water right(s) to Eagle for inclusion in Eagle's municipal water supply system; provided, however, Applicant is not required to convey or assign more water right(s) than necessary to serve Terra View. Eagle shall cooperate with Applicant, at no cost to Eagle, to assist Applicant in Applicant's obtaining all permit(s) and licenses for municipal water rights sufficient to serve the Property as the Property is developed in accordance with this Agreement. Any engineering, legal or other costs actually incurred by Eagle directly related to Eagle's assistance to Applicant in securing the municipal water rights and the design and construction of the Water System shall be reimbursed to Eagle by Applicant upon receipt of an invoice from Page 20 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc Eagle. As part of the conveyance of any phase or portion of the Water System to Eagle, Applicant shall provide Eagle with all applicable as-built drawings, operation and maintenance manuals, operation records,and water right records and other necessary information. Eagle shall not issue any vertical building permits for any phase prior to Applicant's completion of the components of the Water System,or other measure(s)agreed to by Eagle Fire District or Star Fire District, as applicable, sufficient to provide fire protection for that phase of Terra View. Alternative methods of compliance to meet fire protection requirements during construction may be agreed upon between the Applicant and Eagle. Eagle shall not issue any certificates of occupancy for any phase of Terra View prior to Applicant's completion of the Water System for service of that phase of Terra View or if any uncontested outstanding invoice from Eagle pursuant to this Section has not been paid. In the event an invoice is contested, Applicant shall place in escrow an amount of money sufficient to pay such invoice pending resolution through good faith mediation between Eagle and Applicant. If the result of such mediation is unsatisfactory to Eagle and/or Applicant, then any party may avail itself of any legal or equitable remedy available to such party under Idaho law. 3.19 If the Water System being constructed by Applicant is larger than needed to serve Terra View at its full build-out, and it has reasonably been determined by Eagle to benefit properties other than the Property, or if Eagle reasonably requires Applicant to develop a portion of the Water System in excess of that necessary to serve Terra View so as to allow Eagle to serve other properties (collectively, the "Over-sized Water Facilities"), Eagle and Applicant shall, in good faith, enter into a reimbursement and latecomers agreement describing the amount and method of repayment of such additional costs of only the Over-sized Water Facilities to Applicant. In the event Eagle reasonably determines that Eagle cannot directly reimburse Applicant for all or a portion of costs in connection with the Over-sized Water Facilities, Applicant shall receive a credit for such costs against the Water Construction Equivalency Fee due and owing by Applicant if allowable by law and Eagle City Code. The Applicant and Eagle shall enter into a "Water Reimbursement& Latecomers Agreement"to address the repayment of the Over-sized Water Facilities through a latecomers charge to other benefited properties. Such Water Reimbursement & Latecomers Agreement shall have a duration of sufficient time following completion of the portion of the Water System for which reimbursement is sought with such time to be mutually agreed between Applicant and Eagle, but in no event less than ten (10) and no more than twenty (20) years. Such Water Reimbursement & Latecomers Agreement shall provide, in part, that: (a) interest be paid to Applicant at a rate negotiated by the parties in connection with the negotiation of the Water Reimbursement & Latecomers Agreement; (b) Eagle shall retain from the service connection charges collected from such other benefited property owners an administrative fee for handling the accounting,auditing,and payment of the reimbursement payments to be made to; and, (c) the Water Reimbursement & Latecomers Agreement shall be binding on Applicant and Eagle and their respective successors and assigns. 3.20 Upon development and conveyance of the Water System to Eagle,Eagle shall be responsible for the operation and maintenance of the Water System and Eagle shall provide water service to the Property in quantity and quality sufficient to satisfy the municipal water needs of Terra View as and when required in connection with the development of the Property, subject to any water disruption or degradation of water quality or quantity that is outside the control of Eagle and further subject to Eagle's reasonably enacted and imposed standard terms and conditions of delivery. All water service using the Water System shall be metered. Eagle shall receive no fee for water service until, and only if, Eagle accepts ownership of, and operational and maintenance responsibility for the Water System, after which time Eagle shall be entitled to collect such fees for water service. The plan and timeline to be developed by Eagle and Page 21 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc Applicant as provided in Section 3.17 above shall include, without limitation, construction timetables for the Water System and address any changes in Eagle's water system facility plan that may negatively affect Eagle extending water service to the Property. In the event Eagle reasonably determines that water service cannot timely be extended to the Property, Eagle shall give Applicant reasonable notice of that official action. "Official action" means a decision by the Eagle City Council made at a duly noticed City Council meeting. 3.21 Applicant shall secure sufficient water rights or shares for irrigation and aesthetic needs of Terra View. The method of providing irrigation water shall be at the discretion of Applicant so long as an adequate system and source of supply is provided to serve Terra View on a phase by phase basis. If Applicant so requests, Eagle shall give good faith consideration to establishing a municipal irrigation system to maintain and serve irrigation water to Terra View. Applicant shall develop water conservation criteria for landscape and irrigation and the criteria shall be submitted prior to any preliminary plat approval. Eagle shall not execute the applicable fmal plat for any phase prior to Applicant's completion of the main irrigation facilities, including sufficient irrigation water rights or shares for service to such phase. 3.22 The Property is located within both the Eagle Fire District and the Star Joint Fire Protection District and, therefore, Applicant shall work with both the Eagle Fire District and the Star Joint Fire Protection District for all fire service/protection issues as it applies to the respective Fire Districts; provided, however, nothing in this Section 3.22 shall limit Applicant's ability to annex into one fire district so long as Eagle Fire District, Star Joint Fire Protection District and Applicant working in good faith reach agreement in a recorded Memorandum of Understanding or as otherwise allowed under Idaho law. 3.23 Applicant shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, access approaches on Beacon Light Road, and locating the interchange at the intersection of Beacon Light Road and State Highway 16, proposed internal road locations, and road design. 3.28 The Applicant shall provide a buffer area adjacent to the eastern boundary of the development which is commensurate to the buffer area requirements pursuant to Eagle City Code Section 8- 2A-7(J)(4)(b). The buffer area shall be reviewed and approved by the Design Review Board and City Council prior to approval of a fmal plat for the "active adult" area (as identified on Exhibit A)adjacent to the eastern boundary of the development. The construction of the"active adult" area shall not occur until 2/3 of the residential development for the remaining portion of the project is complete. F. DISCUSSION (based on the executed development agreement, Ada County Instrument #109021224 and the preliminary plat, date stamped by the City on June 4, 2021): • The executed development agreement associated with 287.6-acres of the property allowed for 241.6-acres of residential use(single-family and multi-family units)and approximately 46.0-acres of non-residential uses. The residential area was approved to contain 722-dwelling units with an overall density of 2.99-dwelling units per acre. The applicant's proposal contains the original 287.6-acres and an additional 43.2-acres for a total of 331.8-acres. The applicant's proposal of 396 single-family residential units and the possibility of an additional 192 multi-family units totals 588 residential units, which is a reduction of 134-residentail units from the original approval. The proposed overall density is 2.08-dwelling units per acre (not inclusive of the non- residential area). The applicant's proposal of 89.1-acres of open space is an increase of 21.7- acres from the previously approved 67.4-acres of open space, an increase of 32.2-percent. The applicant's proposal of 60.6-acres of commercial (non-residential) area is an increase of 14.6- acres from the previously approved 46.0-acres of non-residential uses. Page 22 of 50 K:\planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc Pursuant to the executed development agreement, the applicant was required to construct an approximately 21-acre public park which would be dedicated to the City of Eagle. In lieu of the required 21-acre public park, the applicant is proposing an approximately 11-acre public park, an approximately 8.2-acre public equestrian and pedestrian trailhead, and approximately 2-acre commercial area located within the mixed use portion of the site to be reserved for the City for its selected uses. The total public area associated with the applicant's proposal is 21.2-acres. As proposed, with exception of the additional property consisting of approximately 43.2-acres and the reconfiguration of the park areas, the proposed development is in conformance with the executed development agreement. The applicant submitted a proposed Restated Development Agreement(Development Agreement Third Modification), date stamped by the City on September 30, 2021. Beyond the scope of the executed development agreement, the applicant's restated development agreement addresses the timing of the construction of the park facilities, identifies additional ancillary uses within the Village Center, addresses the reduction of residential density, and proposes adding the following architecture styles; Shingle, Modern Farmhouse, Lakehouse/Cottage, Craftsman, European Country, and Prairie architectural styles. • Condition of Development 3.4 of the applicant's Restated Development Agreement (Development Agreement Third Modification), date stamped by the City on September 30, 2021, describes the various proposed land uses and acreages of those land uses located within the property. The various land uses and acreages identified are as follows: o 270.7-acres of single-family residential(may include the following) • 71.5-acres of common area • 11-acre city park • 8.2-acre public trailhead • 2-acres within multi-use area reserved for the City of Eagle for its selected uses o 60.6-acres of mixed-use that may include multi-family residential units and apartments. o 3.2-acre development office Pursuant to the executed development agreement the applicant (at their expense) is required to construct a 21-acre public park to be dedicated to the City of Eagle. Based on the proposed condition of development 3.4.1, the applicant will develop the park and trailhead provided the City elects to utilize the City's restricted park impact fees, other City capital funds, grants or other sources in an agreement between the City and the applicant. The applicant's request is based on the proposed city park being established by the City as the western area park, which funding is recognized within the City's Capital Improvement Plan. Since the applicant is contractually obligated to construct the city park, the applicant should be required to construct the city park regardless of the City entering into a reimbursement agreement to share the costs, however, in the event the City establishes the proposed park as the western area park, the applicant and the City may enter into a reimbursement agreement utilizing the restricted park impact fees. • Condition of Development 3.4.3.1 of the applicant's Restated Development Agreement (Development Agreement Third Modification), date stamped by the City on September 30, 2021, indicates the applicant is requesting approval to allow up to three (3)coffee shops and other food and beverage drive-through uses. As described, the proposed drive-through uses are defined in Eagle City Code Section 8-1-2, as Restaurant (with drive-through). A Restaurant (with drive- through) use is a prohibited use within the MU (Mixed Use) zoning designation. The development agreement for this development will be used in lieu of a planned unit development (PUD). Development Agreements are a discretionary tool used by the Council as a condition of rezoning and allow a specific product with a specific use to be developed on property in an area Page 23 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pz'.doc that is not appropriate for all uses allowed or conditional inthe requested zone. Withina PUD,up to ten percent (10%) of the gross land area may be directed to other commercial, office, public and quasi-public uses that are not allowed within the land use district, provided that there is a favorable finding by the City Council that the proposed uses will be compatible with the surrounding land uses. As part of the proposed request, the applicant is also proposing the drive- through uses shall not be permitted until a minimum of fifty percent(50%) of the multi-use area (as shown on the concept plan) has been developed with commercial employment-based uses and/or public/semipublic uses. Based on the request, the drive-through uses would be ancillary to the future commercial and/or public/semipublic uses. If the City Council approves the allowance of up to three(3)restaurant(with drive-through)uses, the development agreement should contain a condition of development which reads as follows: Up to three (3) restaurant (with drive-through) uses shall be allowed. The restaurant(with drive- through) uses shall not be permitted until a minimum of fifty percent(50%) of the multi-use area (as shown on the Concept Plan) has been developed with commercial employment-based uses and/or public/semipublic uses. (a) If a building with a restaurant (with 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-through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive-through lanes (i.e. vehicle headlights and vehicle cueing). • Condition of Development #3.8 addresses the approved setbacks (pursuant to the executed development agreement)associated with the development. The approved setbacks are as follows: Dimensional standards and respective setbacks within Terra View shall be as follows: 5,000 sq. ft. lots(with alley): Front: 10 feet Rear: 20 feet(measured from edge of pavement) Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% 5,000 sq. ft. lots (no alley): Front: 10 feet- living area/20 feet front-load garage to back of sidewalk Rear: 20 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% Active Adult: Front: 10 feet-Living area/20 feet front-load garage to back of sidewalk Rear: 5 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 40% Page 24 of 50 K.\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 8,000 sq. ft. lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 32% 12,000 sq. ft. lots(less than 75 feet of frontage): Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet Street Side: 15 feet Maximum Lot Coverage: 31% 12,000 sq. ft. lots(greater than 75 feet of frontage): Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21% 17,000 sq. ft. lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear:25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 21% 21,000 sq. ft. or larger lots: Front: 15 feet- living area/22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 16% Mansion-style homes: Front: 10 feet Rear: 10 feet Side: 5 feet(10 feet between structures) Street Side: 6 feet Maximum Lot Coverage: 51% Page 25 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc The applicant is requesting the setbacks to be revised as follows: 3.4.4.3 Dimensional standards and respective setbacks within the Residential Portion shall be as follows: 7,200-11,999 sq. ft. lots: Front: 15 feet—living area/22 feet front-load garage to back of sidewalk Rear: 10 feet Side: 5 feet on side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% 12,000 to 13,999 sq. ft. lots: Front: 15 feet—living area/22 feet front-load garage to back of sidewalk Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% 14,000 and larger sq. ft. lots: Front: 15 feet—living area/22 feet front-load garage to back of sidewalk Rear: 25 feet Side: 5 feet on side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 35% The applicant's requested setbacks are in conformance with the executed development agreement. However, setbacks are measured from the property line and not from the back of sidewalk. Staff recommends the setbacks be modified to reference the setback associated with front load garages be measured from the property line. Also, based on the length and width of the lots which are 14,000 square-feet and above larger setbacks should be required for the front and side setback requirements. It is staffs opinion (based on the sizes and widths of the proposed lots and the location of the sidewalk within the right-of-way)the setbacks should be as follows: 7,200-11,999 sq. ft. lots: Front: 15 feet—living area/25 feet front-load garage to back of sidewalk* Rear: 10 feet Side: 5 feet on side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% Page 26 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pz'.doc 12,000 to 13,999 sq. ft. lots: Front: 15 feet—living area/25 feet front-load garage to back of sidewalk* Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% 14,000 and larger sq. ft. lots: Front: 25 feet* Rear: 25 feet Side: 7.5 feet(first story) 5-feet(each additional story) Street Side: 20 feet Maximum Lot Coverage: 40% * A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5- foot reduction in the minimum required front yard setback provided that the distance is no less than 20 feet from the property line. • Condition of Development 3.23 of the applicant's Restated Development Agreement (Development Agreement Third Modification), date stamped by the City on September 30, 2021, states, "Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, access approaches on Beacon Light Road, and State Highway 16 and,proposed internal road locations, and road design." During the processing of the original annexation/rezone application and the subsequent approval of the annexation/rezone applications it was determined that an interchange would more than likely be constructed at the intersection of West Beacon Light Road and State Highway 16. It was memorialized as part of condition of development#3.23 of the executed development agreement. The condition of development as proposed by the applicant does not address the possibility of an interchange being constructed at the intersection of West Beacon Light Road and State Highway 16. Condition of development#3.23 should be revised to state as follows: "Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, access approaches on Beacon Light Road, providing sufficient right-of-way to locate an interchange at the intersection of Beacon Light Road and State Highway 16, proposed internal road locations, and road design" The revised condition of development should be incorporated into the development agreement prior to the Mayor signing the development agreement. In the event the Idaho Transportation Department determines an interchange may be needed in the future at the intersection of West Beacon Light and State Highway 16, the applicant should provide a revised preliminary plat showing sufficient right-of-way dedication for an interchange. The revised preliminary plat should be provided prior to submittal of a final plat application associated with the phase of the development containing the commercial area located in proximity to the intersection of West Beacon Light and State Highway 16. • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency Residential Customer(ERC) is equivalent to each residential buildable lot. The ERC calculations for commercial uses are based on the size of the water meter. The applicant has submitted a request for waiver to the City of Eagle Water Department, date stamped by the City on June 26, Page 27 of 50 K:\Planning Dept\Eagle Applications\SUBS\202I\Terra View Sub\Working Files\Terra View Sub pzf.doc 2021, to delay paying the required STL fee. The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. Based on 396 residential lots, the total STL fee required for the subdivision is $831,603.96. The STL fee required at the time of preliminary plat is $258,173.78, which is not inclusive of the commercial area. The STL fee for commercial uses is based on meter size, at this time the meter size is undetermined since the uses have not been identified. The applicant received approval from the City of Eagle Water Department(of the waiver request) on October 26, 2021. The applicant should be required to pay the required $258,173.78 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. The applicant should be required to pay the Storage Trunk Line fee (based on meter size) for the commercial uses at the time of application for building permit(s). • Plat note #2 of the preliminary plat states, "Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage, sewer, irrigation and street lights over the twelve (12) feet adjacent to any public street or fronting along a private shared driveway lot (Lot 6, Block 1) as per Eagle City Code 9.3.6. This easement shall not preclude the construction of hard-surfaced driveways and walkways to each lot." [sic] The reference to the easement area fronting along a private shared driveway lot (Lot 6, Block 1) should be removed since Lot 6, Block 1 is a buildable lot and does not contain a shared driveway. Also,the note references sewer, since sewer is a public utility the note does not need to reference the easement is for sewer. The applicant should be required to provide a revised preliminary plat with plat note #2 revised to state, "Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage, irrigation and streetlights over the twelve (12)feet adjacent to any public street. This easement shall not preclude the construction of hard-surfaced driveways and walkways to each lot." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #5 of the preliminary plat states, "All lot, parcel and tract sizes shall meet dimensional standards as established in the Eagle Zoning Ordinance or as specifically approved by the conditions of development within the development agreement. The dimensional standards of the lots, parcels, and tract sizes are determined as part of the preliminary plat process. Also, the plat note does not address that all development within the subdivision should be consistent with the executed development agreement. The applicant should provide a revised preliminary plat with plat note#5 revised to state as follows: "All development within this subdivision shall be consistent with the conditions of development within the development agreement (Ada County Instrument No. ) and any subsequent modifications to the development agreement." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #6 of the preliminary plat states, "Minimum building setbacks shall be in accordance with City of Eagle Zoning Ordinance at the time of the issuance of a building permit or as specifically approved by the conditions of development within the development agreement third modification recorded as instrument No. 2018-030159, records of Ada County, Idaho and any subsequent modification(s). The applicant is proposing a restated development agreement which at the time it is recorded will be issued a new instrument number. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "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 by the conditions of development within the development agreement (Ada County Instrument No. ), and any subsequent modification(s). The revised preliminary plat should be provided prior to submittal of a final plat Page 28 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzfdoc application. • Plat note #8 of the preliminary plat lists the lot and block numbers of the common lots located within the subdivision and the ownership and maintenance of the common lots. A few of the lot and block numbers listed are not common lots and there are a few common lots which are shown on the preliminary plat that are not listed by lot and block numbers within plat note #8. The plat note does not identify that the common lots are subject to a blanket public utility, lot drainage, and pressurized irrigation easement and that driveways are prohibited across the common lots. The applicant should be required to provide a revised preliminary plat with plat note#8 revised to identify the proper common lots by lot and block numbers, the common lots shall be owned and maintained by the Terra View Community Association, Inc. or its assigns, and the common lots are subject to a blanket public utility, drainage, and irrigation easement, and driveways are prohibited across all common lots. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #9 of the preliminary plat states, "Irrigation water has been provided from the Farmers Union Ditch Company in compliance with Idaho Code 31-3805(B). Lots within this subdivision will be entitled to irrigation water rights and individual lots will pay assessments through the homeowners association." The plat note does not address who is responsible for the operation and maintenance of the pressurized irrigation system associated with the irrigation water. The applicant should be required to provide a revised preliminary plat with plat note#9 revised to state as follows: "Irrigation water has been provided by Farmers Union Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and individual lots will pay assessments through the Terra View Community Association, Inc. or its assigns. The pressurized irrigation system shall be owned and maintained by the Terra View Community Association, Inc., or its assigns in perpetuity. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat shows a single shared driveway located within common lots (Lots 7C and 30C, Block 6) which provide access to Lots 5, 6, 31, and 32, Block 6. The four (4) lots located adjacent to the shared driveway do not have street frontage. 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. The applicant should be required to provide a revised preliminary plat showing the access to Lots 5, 6, 31, and 32, Block 6, designed to be in conformance with Eagle City Code Section 9-3-2-1(J). The revised preliminary plat should be provided prior to submittal of a final plat application. PUBLIC HEARING OF THE COMMISSION: A. The applications came before the Planning and Zoning Commission on November 1, 2021. The applications were continued to November 15, 2021, at which time a public hearing was held, 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 six(6)individuals who expressed the following reasons: • The city needs to preserve the equestrian flare and rural feel of the area. The proposed density is not compatible with the area. • Commercial uses are not compatible with the area. Page 29 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc • The developer should be required to add horse stables to the development and provide additional open space. • The proposed development will have a detrimental impact on West Beacon Light Road due to the additional traffic. • The additional traffic will create noise which is ruining the environment. • The proposed subdivision will have a detrimental impact on North Hartley Road due to additional traffic. The applicant should be required to close the North Hartley Road at West Beacon Light Road. • The developer should be required to provide a transition between neighboring properties in relation to proposed density and neighboring densities. • The neighbors who live on large lots in the foothills above the development will be looking down on a high density development. The growth should be consistent with the surrounding area. • The proposed subdivision is a vast change from the existing uses in the immediate area. • The floodplain within the development needs to be designed to handle a flood event. • Proposed densities should decrease as development moves north from Beacon Light Road. The applicant should be required to provide feathering(transition)of lot sizing adjacent to the borders of the development. • Multi-family development should not be permitted within this area. • There should be no residential lots located within the floodplain area. • The number of ponds will deplete the aquifer. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The Commission is supportive of commercial in the area which will allow a reduction of vehicle trips due to residents not having to travel for services. • The Commission supports the applicant's proposal to construct a public park, public trailhead, and dedicate a commercial lot in lieu of constructing a larger park as required within the executed development agreement. • The Commission is supportive of staff's recommended setbacks. • The applicant should be required to reduce the density within the 44-acre property being annexed to allow for a transition of lot sizing to the adjacent large parcels. • The Commission should defer the park reimbursement proposal to the City Council since they will need to enter into a contract for reimbursement of any construction costs. • Two Commissioners were in support of the proposed design of the area to be annexed (44-acres), however, they do not support the allowance of 192-multi-family units as allowed pursuant to the executed development agreement. • The applicant should not be permitted to construct multi-family units within the commercial area, however,they should be permitted to construct single-family attached units within that area if needed. • The applicant should be required to reserve a lot to be dedicated to ITD for a grade separated interchange along State Highway 16. • The applicant should be permitted to construct solid style privacy fencing between the public trailhead common lot and the residential lots. Page 30 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT AND DEVELOPMENT AGREEMENT MODIFIFICATION: The Commission voted 5 to 0 to recommend approval of A-02-21 and RZ-02-21 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County Designation to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), and RZ-23-07 MOD3 for a development agreement modification, with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 2.09 dwelling units per acre(396 single family lots, 192 multi f mily „ gle f mily attached dwellings1 "1 3.2 Owner shall develop the Property subject to the conditions and limitations set forth in this Agreement. Owner shall also submit such applications regarding 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 in effect as of the Effective Date of this Agreement. An approved preliminary plat shall expire two(2)years following action by Eagle City Council, or after any additional period of time as may be approved by Eagle City Council, not to exceed an additional three (3) years, which approval shall not be unreasonably withheld. A final plat application must be submitted to Eagle prior to the expiration of the applicable preliminary plat. In the event that final plat applications in connection with portions of a preliminary plat are submitted in an orderly and reasonable manner in intervals not to exceed one(1)year following the recordation of the last final plat, such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval. A final plat shall be recorded in two (2) years following Eagle City Council action on the final plat; provided however, Eagle City Council may approve the extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of time not to exceed three (3) years to facilitate the completion improvements required by the applicable sections of Eagle City Code. 3.3 All development within the Property shall be generally consistent with the proposed Terra View Development Agreement Site Plan (Concept Plan) depicted on Exhibit C. Eagle and Owner acknowledge that changes in the Concept Plan may occur; provided, however, changes shall substantially conform to the division of the Property between the residential portion and the Multi Use Area, as shown on Exhibit C, and limitations described herein. It is the intent of this Agreement to allow sufficient flexibility while maintaining the general intent of the Concept Plan with the requirements set forth in this Agreement. Owner also understands and agrees that any changes regarding development depicted on the Terra View Site Plan shall be in conformance with the terms of this Agreement, as the same may be modified from time to time, and any other decisions made by the City Council on any subsequent applications filed by the Owner. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 Except as otherwise provided within this Agreement, Owner shall comply with the Eagle City Code in effect as of the Effective Date of this Agreement (excluding building codes adopted after the Effective Date and floodplain development permits as required by Title 10, Flood Control, Eagle City Code); provided, however, if, following the Effective Date, the permitted uses of the MU-DA zone are expanded, such expanded uses shall be allowed within the Property. Page 31 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. (d) A provision that the CC&Rs cannot be modified without the approval of the City. 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that all of the Property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. A letter of approval shall be provided to the City from the Eagle Sewer District approving construction plans for each final plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to any proposed use on the property. 3.7 Land Uses. The Property shall consist of approximately 270.4 acres of single-family residential use and approximately 60.6 acres of mixed-use in the Multi Use Area, as shown on Exhibit C,that may include up to 12-acres of single-family attached dwellings. The residential area may include approximately 71.5 acres of common area, including a community park with a swimming pool, significant lake and pond amenities. In addition to such common areas, the Public Park Area, as shown on Exhibit C, shall contain a city park of a minimum of 11 acres and a public trailhead of a minimum of 8.2 acres. Approximately 2 acres in the Multi Use Area shall be dedicated to the City of Eagle for its selected uses. An approximately 3.2-acre parcel located in the northeast corner of the Property with separate access off Hartley Rd. shall be reserved for Terra View,LLC's office with parking and enclosed equipment garage(the"Development Office Lot"). 3.7.1 Owner shall dedicate to the City the portions of the Property identified as "City Park" and "Trailhead Improvements"on Exhibit C for public use,which parcels will include: 3.7.1.1 A parcel of a minimum of 11 acres for a future city park in the area designated as "City Park" on the Exhibit C. Owner shall develop the City Park generally consistent with the proposed City Park Concept Plan (Exhibit C1)-on-e -before-the City's issuance of the 200th build g ermit f' gle f milt' home• prior to recording the plat for the 150th single-family lot the Owner shall dedicate the lot and bond for improvements. The citypark shall be constructed and accepted by the City Prior to recording the Plat for the 275th single-family lot. Page 32 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 3.7.1.2 A parcel of a minimum of 8.2 acres for a future trailhead in the area designated as "Trailhead Improvements" on the Exhibit C. Owner shall develop the future trailhead generally consistent with the proposed Trailhead Improvements Concept Plan (Exhibit C2) b F a ir f Phase 12 " ide„tifea by therr Tea View Subdivision Phasing Plan, date stampcd by the City on June 7, 2021 and dedicate the property for the Trailhead and provide surety for the improvements prior to recording the plat of the 320th Single-Family lot and complete the Trailhead prior to recording the plat for the 365th single-family lot. Owner and City may enter into an agreement for partial City reimbursement of the associated costs to develop the City Park utilizing restricted park impact fees, other City capital funds, grants, or other sources. Owner and City may enter into an agreement for partial City reimbursement to develop the future trailhead utilizing City capital funds, grants, or other sources. The timing and costs associated with the development of the City Park area and the future trailhead shall be determined prior to the execution of a reimbursement agreement. 3.7.2 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is Home Plan, Chapter 6.6. Owner agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area as identified in the Comprehensive Plan emphasizing mixed-uses of residential and commercial development. Non-residential use will be focused within the Village Center. Residential and non-residential development shall emphasize pedestrian-friendly development. 3.7.2.1 Residential development shall consist of single-family homes and up to a maximum of 12-acres located within the Multi Use Area may consist of single-family attached dwellings. Ssingle-family attached dwellings do not count against the 240,000 SF limit in Section 3.7.3 below. 3.7.2.2 The lists of commercial uses found in Sections 3.7.2.5 and 3.7.3 below are by no means exclusive. Store front shopping, restaurants, and a boutique hotel would complement the City Park and other open space recreational and gathering opportunities. All uses shown as permitted under the MU and the Public/Semi-Public zoning districts within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," a copy of which is attached hereto as Exhibit E and made a part hereof, shall be considered permitted uses. Unless otherwise set forth in this Agreement, all uses shown as conditional uses under the MU zoning district within Eagle City Code Section 8-2-3 shall require a conditional use permit, except the single-family, single-family attached, and multi-family dwelling units. 3.7.2.3 Although the City's MU (Mixed Use) zoning district allows multiple land uses, the 60.6 acres in the Multi Use Area, as shown on Exhibit C, should encourage commercial employment-based uses and public/semipublic uses. The Multi Use Area of the Property shall be developed primarily as an employee-based business park similar to the Eagle River business park located east of Eagle Road between the State Highway 44 and the Boise River, plus a multi single-family attached residential component. The non-residential uses contemplated are mostly office, high-tech research and development,medical, and academic campus uses. 3.7.2.4 Commercial development in the Multi Use Area should strive to enhance vehicular trip capture minimizing high traffic generating uses. The Village Planning Area specifically seeks to provide retail commercial; hospitality; civic uses; and/or a research and development/educational campus and/or corporate headquarters in a park-like setting along with ancillary retail commercial uses located in the Village Center. Page 33 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc 3.7.2.5 Employment-based uses, including the following, are encouraged and are a permitted use in the Village Center area: • Business,Professional and Medical • Schools and Educational Campus • Office: Business and Professional • Office: Medical and Dental • Emergency Healthcare • Hospital • Hotel • Industry: Custom,Limited, Research and Development • Laboratories • Micro-Brewery 3.7.3 Village Center. The Village Center uses should be ancillary to or complement the employment-based uses set forth in Section 3.7.2.5 above, and provide commercial retail services, limited to no more than a total of 240,000 square feet of the following permitted type of commercial/retail uses. • Bar(hours limited to 8:00 a.m. to 11:00 p.m.) • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales • Grocery Store (not to exceed 55,000 square feet), does not count against the 240,000 square feet • Fuel Service • Live Entertainment Events • Massage/Spa • Restaurant(hours limited to 7 a.m.to 11 p.m.) • Retail Sales(Limited) • Theater(movie)does not count against the 240,000 square feet • Gym facilities 3.7.3.1 Up to three (3) restaurant(with drive-through) uses shall be allowed. The restaurant (with drive-through) uses shall not be permitted until a minimum of fifty percent (50%)of the multi-use area(as shown on the Concept Plan)has been developed with commercial employment-based uses and/or public/semipublic uses. (a) If a building with a restaurant (with 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-through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive-through lanes(i.e. vehicle headlights and vehicle cueing). 3.7.3.2 Except as described in Section 3.8.3 above, no single retail tenant on the Property shall exceed 25,000 square feet in building footprint area without a conditional use permit. A flex space use with a retail component may exceed 25,000 square feet provided the retail floor area does not exceed 25,000 square feet. A Grocery Store exceeding 55,000 square feet in building footprint area shall require a conditional use permit. Page 34 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 3.7.3.3 Non-residential (commercial) mixed-uses with limited hours of operation/hours of delivery listed in Section 3.4.3 above may obtain expanded hours of operation/hours of delivery through the modification of this Agreement. 3.7.3.4 Notwithstanding the allowed uses set forth in Section 3.7.3 above, no portion of the Property shall be used for any of the following uses: • All Industrial Uses, except Industry: Custom, Limited, and Research and Development • Adult Business • Automotive, Mobile Home, Travel Trailer, and/or Farm Implement Sales • Cemetery • Drive-in Theater • Mortuary/Funeral Home 3.7.3.5 The Development Office Lot may be used for office purposes, including offices for development and subdivision sales, together with enclosed equipment garage and open parking associated with such uses. 3.7.4 Residential Development. 3.7.4.1 The total residential area may include up to 12 acres of multi f mily a^a or single- family attached dwellings located within the Multi Use Area. Including the residential portion of approximately 270.4 acres, the residential portion may total up to 282.4 acres. The multi f mily anal^,.single-family attached dwellings use shall not exceed 192 units. The overall maximum residential density for the Property will not exceed 2.098 dwelling units per acre. Residential uses shall not require a conditional use permit. 3.7.4.2 Single family residential lots may vary in size provided square footage of any lot shall not be less than 7,200 square feet. The large lots exceeding 16,920 square feet shall be located in the northern portion of the Property that are adjacent to Ada County Parcel Nos. S0334131210, S0334244300 and S0334244200 so as to transition the residential lots into the existing foothill development. 3.7.4.3 Dimensional standards and respective setbacks within the Residential Portion shall be as follows: 7,200-11,999 sq. ft. lots: Front: 15 feet—living area/225-feet front-load garage to back of sidewalk* Rear: 10 feet Side: 5 feet on side; 7 feet on the other side (alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% 12,000 to 13,999 so. ft. lots: Front: 15 feet—living area/225 feet front-load garage to back of sidewalk* Rear: 15 feet Side: 5 feet on one side; 7 feet on the other side(alternating between lots to provide a total of 12 feet between each dwelling unit) Street Side: 20 feet Maximum Lot Coverage: 40% Page 35 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzfdoc 14,000 and larger sq. ft. lots: Front: 225 feet* Rear: 25 feet Side: 7.5 feet(first story) 5-feet(each additional story) Street Side: 20 feet Maximum Lot Coverage: 40% * A single-family dwelling unit that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance is no less than 20 feet from the property line. 3.7.4.4 Owner shall provide a private community park approximately 2.2 acres in size with a pool as conceptually depicted on the Concept Plan. 3.8 Internal collector streets shall be bounded by offset sidewalks and landscaped berms and may utilize roundabouts when intersecting with other internal collector streets or local streets. The intersection of North Palmer Way and West Beacon Light Road shall be subject to the requirements of ACHD. 3.9 Any multi f mi y or single-family attached dwellings shall be architecturally designed to comply with Eagle City Code Section 8-2A and shall receive approval from the Eagle Design Review Board and Eagle City Code prior to the issuance of any building permits. 3.10 All non-residential(commercial)mixed-uses shall be subject to reasonable dark-sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.11 The Property shall comply with all parking requirements pursuant to the Eagle City Code 8-4-5. 3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property. Any such change shall be contingent upon approval by the applicable federal, state and/or local agencies, and shall be in accordance with the applicable sections of Eagle City Code. Owner agrees all development and improvement of the Property shall comply with all applicable laws and regulations pertaining to regulated wetlands. 3.13 Owner shall provide an on-site,tree lined landscape strip along State Highway 16 and Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within a landscaped common lot. The width of the landscape strip in various locations, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions and as set forth as follows: 3.13.1 A seventy-five foot (75') wide common lot shall be provided adjacent to residential areas, if any, along State Highway 16 and shall include a minimum ten foot(10')high, maximum twelve foot(12')high,berm/wall combination with extensive landscape in accordance with Eagle City Code Section 8-2A-7(J)(4)(c)to provide a buffer. All buffers should be located within a common lot outside of the setback from centerline for right of way dedication to the Idaho Transportation Department("ITD"). 3.13.2 A fifty foot (50') wide common lot shall be provided adjacent to residential areas, if any, along Beacon Light Road and shall include a minimum five foot(5') high, maximum eight foot (8') high, berm/wall combination with extensive landscape landscape in accordance with Eagle City Code Section 8-2A-7(J)(4)(b)to provide a buffer. 3.13.3 The Property shall be designed to allow for a public roadway connecting this site to the adjacent site to the east and to the adjacent site to the west. Approved access points are Page 36 of 50 K:\Planning Dept\Eagle Applications\SUBS\202I\Terra View Sub\Working Files\Terra View Sub pzf doc subject to approval by ITD and ACHD, as applicable, and Owner must provide all necessary approvals and/or license agreements. 3.14 Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. All residential structures within the Property shall be constructed utilizing a variety of building styles, including but not limited to Shingle, Modem Farmhouse, Lakehouse/Cottage, Craftsman, European Country, Tuscan and Prairie style architecture. Commercial/retail buildings, single-family attached dwellings, multi f mily residential dwellings, and common area amenities shall be required to meet the design review requirements as set forth in the Eagle Architecture and Site Design (EASD) Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, single-family attached dwellings, multi-family dwellings, common area amenities, pumphouse for irrigation, and structures located within the Subdivision Common Area(as shown on Exhibit C). To assure compliance with this condition, Owner shall create an architectural control committee ("ACC") as a component of Terra View's restrictive covenants ("CC&Rs") for the residential portion. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and reasonably approved by the Eagle city attorney prior to the approval of the first fmal plat. The submittal of the building permit application to Eagle for each building within the development shall be accompanied by an approval letter from the ACC, building permit applications that do not have an approval letter attached will not be accepted. 3.15 Pathways and pedestrian/bicycle public access connecting the public roads to residential areas and commercial areas shall be provided consistent with the Parks, Pathway, and Recreation Commission's Pathway Recommendation, dated March 19, 2021, prior to the City Clerk signing the final plat associated with the required improvement(s). 3.16 Owner acknowledges that the Property is located within the Eagle Municipal Water Service Area and will be in compliance with applicable sections of Eagle City Code and this Agreement. In connection with the review of the preliminary plat application, Owner and Eagle shall work together in good faith to develop a plan and timeline to provide municipal water service to Terra View and payment of the "Water Construction Equivalency Fee," as such term is defined in Eagle City Code. In connection with Owner's construction plans for any proposed final plat of Terra View, such construction plans shall include mainlines and stub-outs to lots that will convey to the lots municipal water provided by Eagle. 3.17 Owner hereby grants to Eagle a right of first offer to purchase Owner's additional ground or surface water right (if any), subject to the terms set forth herein. If, at any time after the date of this Agreement Owner desires to sell such additional ground or surface water rights, Owner shall give Eagle written notice (the "Offer Notice") of the possible sale of such water rights. The Offer Notice above shall include, without limitation,the price of the ground water rights and the projected closing date for the sale. Eagle shall have forty-five (45) days to consider the Offer Notice. If Eagle chooses to purchase the ground water rights pursuant to the terms in the Offer Notice, Eagle shall deliver notice of its intent to so purchase within the forty-five (45) day-period, and the transaction shall proceed as outlined in the Offer Notice. If Eagle fails to give notice during the forty-five (45) day-period, Eagle's right to of first offer shall terminate, and Owner shall be free to close a sale to a buyer on the open market. Under no circumstances shall Owner have any obligation to provide Offer Notice if Owner is selling or transferring such additional ground water rights, in whole or in part, in connection with a transfer to any lender, parent, subsidiary or affiliate of Owner, or transfers to any owners' association associated with Terra View or to any entity owned by Owner or in which Owner holds a membership or ownership interest, as applicable. Page 37 of 50 K\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc Eagle's right of first offer shall continue in full force and effect for fifteen (15) years from the Effective Date, unless this Agreement is otherwise terminated as provided herein, in which event Eagle's right of first offer shall automatically terminate. 3.18 If the City requires the Owner to construct mainlines within Terra View larger than needed to serve Terra View at its full build-out, and it has reasonably been determined by Eagle to benefit properties other than the Property, or if Eagle reasonably requires Owner to develop a portion of Eagle City's water system in excess of that necessary to serve Terra View so as to allow Eagle to serve other properties (collectively, the "Oversized Water Facilities"), Eagle and Owner shall, in good faith, enter into a reimbursement and latecomers agreement describing the amount and method of repayment of such additional costs of only the Oversized Water Facilities to Owner. The Owner and Eagle shall enter into a "Water Reimbursement & Latecomers Agreement") to address the repayment of the Oversized Water Facilities through a latecomers charge to other benefited properties. Such Water Reimbursement & Latecomers Agreement shall have a duration of sufficient time following completion of the portion of the water system for which reimbursement is sought with such time to be mutually agreed between Owner and Eagle, but in no event less than ten (10) and no more than twenty (20) years. Such Water Reimbursement & Latecomers Agreement shall provide, in part, that: (a) interest be paid to Owner at a rate negotiated by the parties in connection with the negotiation of the Water Reimbursement & Latecomers Agreement; (b) Eagle shall retain from the service connection charges collected from such other benefited property owners an administrative fee for handling the accounting, auditing, and payment of the reimbursement payments to be made to; and, (c) the Water Reimbursement & Latecomers Agreement shall be binding on Owner and Eagle and their respective successors and assigns. 3.19 Upon Eagle's review of the construction of water mains and stub-outs for any phase of Terra View culminating in Eagle's signature on final plat, Eagle shall be responsible for the operation and maintenance of the water system and Eagle shall provide water service to the Property in quantity and quality sufficient to satisfy the municipal water needs of Terra View as and when required in connection with the development of the Property, subject to any water disruption or degradation of water quality or quantity that is outside the control of Eagle and further subject to Eagle's reasonably enacted and imposed standard terms and conditions of delivery. All water service using the water system shall be metered. Eagle shall receive no fee for water service until, and only if, Eagle accepts ownership of, an operational and maintenance responsibility for the water lines, after which time Eagle shall be entitled to collect such fees for water service. The plan and timeline to be developed by Eagle and Owner as provided in Section 3.16 above shall include, without limitation, timetables for Eagle's construction of its water system and address any changes in Eagle's water system facility plan that may negatively affect Eagle extending water service to the Property. In the event Eagle reasonably determines that water service cannot be timely extended to the Property, Eagle shall give Owner reasonable notice of that official action. "Official action" means a decision by the Eagle City Council made at a duly noticed City Council meeting. 3.20 Owner shall secure sufficient water rights or shares for irrigation and aesthetic needs of Terra View. The method of providing irrigation water shall be at the discretion of Owner so long as an adequate system and source of supply is provided to serve Terra View on a phase-by-phase basis. Eagle shall not execute the applicable fmal plat for any phase prior to Owner's completion of the main irrigation facilities, including sufficient irrigation water rights or shares for service to such phase. 3.21 The Property is located within both the Eagle Fire District and the Star Joint Fire Protection District and, therefore, Owner shall work with both the Eagle Fire District and the Star Joint Fire Protection District for all fire service/protection issues as it applies to the respective Fire Districts; provided, however, nothing in this shall limit Owner's ability to annex into either fire district so long as Eagle Fire District, Star Joint Fire Protection District and Owner working in good faith reach agreement in a recorded Memorandum of Understanding or as otherwise allowed under Idaho Law. Page 38 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 3.22 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, access approaches on Beacon Light Road, providing sufficient right-of-way to locate an interchange at the intersection of Beacon Light Road and State Highway 16, proposed internal road locations, and road design. 3.23 Owner shall be required to pay the Storage Trunk Line fee(based on meter size)associated with the commercial uses at the time of application for building permit(s). COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP-03-21 for Terra View Subdivision (Exhibit "A") for Terra View,LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-23-07 MOD3 and RZ-02-21 or any subsequent modifications. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall be required to pay the required $258,173.78 preliminary plat Storage Trunk Line fee along with the associated fmal plat Storage Trunk Line fee at the time of submittal of the first final plat applications. (Resolution No. 08-09) 5. Provide a revised preliminary plat with plat note #2 revised to state, "Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage, irrigation, and streetlights over the twelve (12) feet adjacent to any public street. This easement shall not preclude the construction of hard-surfaced driveways and walkways to each lot." The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 6. Provide a revised preliminary plat with plat note #5 revised to state, "All development within this subdivision shall be consistent with the conditions of development within the development agreement (Ada County Instrument No. ) and any subsequent modifications to the development agreement." The revised preliminary plat shall be provided prior to submittal of a final plat application. 7. Provide a revised preliminary plat with plat note#6 revised to state, "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 by the conditions of development within the development agreement (Ada County Instrument No. ), and any subsequent modification(s). The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 8. Provide a revised preliminary plat with plat note #8 revised to identify the proper common lots by lot and block numbers, the common lots shall be owned and maintained by the Terra View Community Association, Inc. or its assigns, the common lots are subject to a blanket public utility, drainage, and irrigation easement, and driveways are prohibited across all common lots. The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat with plat note #9 revised to state, "Irrigation water has been provided by Farmers Union Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and individual lots will pay assessments through the Terra View Community Association, Inc. or its assigns in perpetuity. The Page 39 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzfdoc pressurized irrigation system shall be owned and maintained by the Terra View Community Association, Inc., or its assigns. The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat with a new plat note which states, "Lots shall not be reduced in size without prior approval from the health authority." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary plat with a new plat note which states, "This development is subject to Covenants, Conditions, Restrictions, and Easements (Ada County Instrument No. )." The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat with a new plat note which states, "Direct lot access from North Palmer Way, West Beacon Light Road, and State Highway 16, is prohibited unless approved by the Ada County Highway District and/or the Idaho Transportation Department, and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to the terms of ACHID License Agreement Ada County Instrument No. ." The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary plat showing the access to Lots 5, 6, 31, and 32, Block 6, designed to be in conformance with Eagle City Code Section 9-3-2-1(J). The revised preliminary plat shall be provided prior to submittal of a final plat application. 15. In the event the Idaho Transportation Department determines an interchange may be needed in the future at the intersection of West Beacon Light and State Highway 16, the applicant shall provide a revised preliminary plat showing sufficient right-of-way dedication for an interchange. The revised preliminary plat shall be provided prior to submittal of a final plat application associated with the phase of the development containing the commercial area located in proximity to the intersection of West Beacon Light and State Highway 16. 16. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 17. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Council) shall be provided for City Council final approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 40 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doe 18. To accommodate the future installation of municipal fiber-optic cable, the applicant shall be required to install two (2) one and one quarter inch (1 ''A") diameter fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and dedicated to the City prior to the City Clerk signing the final plat. 19. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 20. 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). The applicant shall be permitted to construct solid privacy fencing along the property lines located adjacent to the trailhead common lot. 21. The Terra View Subdivision shall remain under the control of one Homeowners Association. 22. 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. 23. 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. 24. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 25. Provide a revised preliminary plat showing the density within phases 11 — 14 (as shown on the Terra View Subdivision Phasing Plan, date stamped by the City on June 7, 2021) to not exceed one (1) unit/two(2)acres. The revised preliminary plat shall be provided prior to submittal of a design review application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. Page 41 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. Page 42 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the fmal plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the 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 Star Joint Fire Protection District and/or Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, streetlights 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 fmal 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 fmal 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. Page 43 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan(if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission,official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council (ECC 9-6-5 (A)(2)). After Council approval of the fmal plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle CityCode, failure to obtain a recorded final plat for the subdivision g within one year following CityCouncil approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. Page 44 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pz'.doc 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that"Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-02-21/RZ-02-21) and rezone with a development agreement modification (RZ-23-07 MOD3)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 MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) is consistent with the Village/Community Center, Compact Residential, and Large Lot Residential designations as shown on the Comprehensive Plan Land Use Map since the maximum density of the development will not exceed the allowed density of the area as identified within the comprehensive plan; 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 MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)and A-R- DA (Agricultural-Residential with a development agreement) zones and land uses to the north since the applicant is required to provide larger lot transitioning along the northern portion of the development; d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT (Rural-Urban Transition), MU-DA (Mixed Use with development agreement), and C-1-DA (Neighborhood Commercial with a development agreement)zones and land uses to the south since that area may be developed in a similar manner and is separated from the subject property by a minor arterial(West Beacon Light Road); Page 45 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the east since the applicant is required to provide a buffer area between the collector (North Palmer Way)and the adjacent properties located to the east; f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT(Residential—Ada County designation), MU-DA(Mixed Use with a development agreement [in lieu of a PUD]) zones and land uses to the west since those properties contain properties with single-family homes which may be developed in a similar manner, a restaurant, and a golf course. The restaurant and golf course are separated from the proposed development by State Highway 16; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan, however, the applicant has submitted a Conditional Letter of Map Revision(CLOMR)to address the area of special flood hazard located within the site. Also, the applicant is required herein to comply with Eagle City Code Title 10, Flood Control regarding developing within an area of special flood hazard; 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 development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. 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 dwellings and the possibility of single-family attached dwellings. The commercial component of the subdivision will provide a mix of employment-based uses, services, and ancillary commercial/retail uses; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The applicant is requesting a rezone with development agreement and development agreement modification to allow for a residential component, employment-based uses, commercial/retail uses, and public facilities. The subdivision will be maintained by a professional managed homeowner's association and commercial owner's association. All green space including the homes will be maintained by the respective associations. The public park area and public trailhead will be maintained by the City of Eagle; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Terra View Subdivision is designed to conform to the design guidelines identified within the Village 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 as identified within the comprehensive plat. It is not anticipated that any uses or activities will be detrimental to the Page 46 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf doc surrounding properties upon completion of the site work. Terra View Subdivision will be served by State Highway 16 (principal arterial) and West Beacon Light Road (minor arterial), and an internal public 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 $473,798.00 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 $386,100.00 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, City of Eagle Municipal Water System,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 32.8% (based on the residential area) of dedicated open space consisting of a public park, public trailhead, small park area with a swimming pool and pool house, ponds and pathways. The applicant is submitting a Conditional Letter of Map Revision (CLOMR)to address the areas of special flood hazard located within the site; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent parcels to the north to provide interconnectivity between West Beacon Light Road and the properties to the north. Access to the development will be from West Beacon Light Road. The design and construction of the entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 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 Village 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,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 Page 47 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc 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, public park, public trailhead, single-family dwellings, and the option of single-family attached residential uses. The commercial portion of the development will provide employment-based opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. 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 and City Council 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 Star Joint Fire Protection District and the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. 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 of the roads they will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 32.8%(based on the residential area)of passive and active open space providing the residents with a small park with a swimming pool and pool house, ponds, public park and public trailhead. 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. Page 48 of 50 K:\Planning Dept\Eagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc Maintenance The maintenance of any private open space areas will be regulated by the Terra View Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Terra View Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately $386,100/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. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-03-21) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the fmdings provided within this document and the proposed uses are in accordance with the land use designations of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Star Joint Fire Protection District, Eagle Fire District, Eagle Sewer District, and Ada County Highway District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. Page 49 of 50 K:\Planning Dept\Fagle Applications\SUBS\2021\Terra View Sub\Working Files\Terra View Sub pzf.doc DATED this 6th day of December, 2021. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright,Chairman A�11EST: 04).0c.;o'4tip`•C'•:E• ,•,,'•.QO4• ATF•.• . • Tracy E. 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