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Findings - CC - 2022 - RZ-07-21 & PP-09-21 - Kody Corner Subdivision Rezone With A Da And Preliminary Plat BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM R-4 [RESIDENTIAL] ) TO R-6-DA [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT] AND ) PRELIMINARY PLAT FOR KODY CORNER ) SUBDIVISION FOR MJV PROPERTIES,LLC ) —ROWE SANDERSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-21 &PP-09-21 The above-entitled rezone with a development agreement and preliminary plat applications came before the Eagle City Council for their action on February 8,2022, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: MJV Properties, LLC — Rowe Sanderson, represented by Ben Semple with Rodney Evans + Partners, PLLC, is requesting a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) and preliminary plat approval for Kody Corner Subdivision, a 21-lot (19-buildable, 2-common)residential subdivision. The 3.5-acre site is located on the west side of North Parkinson Street at 525 North Parkinson Street and 543 North Parkinson Street. B. APPLICATION SUBMITTAL: A Neighborhood Meetingwas held at 6:00 PM, on Thursday, March 11, 2021, on site in g compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 24, 2021. A revised preliminary plat was submitted to the City on October 1, 2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on June 7, 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 November 18, 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 November 17, 2021. The site was posted in accordance with the Eagle City Code on November 25,2021. Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65,Idaho Code and the Eagle City Code on January 21, 2022. 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 January 21, 2022. The site was posted in accordance with the Eagle City Code on January 28, 2022. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None Page 1 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccfdoc E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter, date stamped by the City on May 24, 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, date stamped by the City on May 24, 2021, provided by the applicant's representative(attached to the staff report). H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential R-4(Residential) Single-Family Dwellings and Accessory Structures Proposed No Change R-6-DA(Residential with a Single-Family Residential development agreement) Subdivision North of site R-4 Single-Family Residential Compact Residential (Residential)) (Randall Acres Subdivision No. 15) South of site Compact Residential R-4 (Residential) Single-Family Residential (Randall Acres Subdivision No. 15) East of site Compact Residential R-4 (Residential) Single-Family Residential (Randall Acres Subdivision No. 15) West of site Compact Residential R-4(Residential) Single-Family Residential (Randall Acres Subdivision No. 15) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site—3.5-acres Total Number of Lots—21 Residential— 19 Commercial—0 Industrial—0 Common—2 Total Number of Units— 19 Single-family— 19 Page 2 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 5.43-units per acre 5.43-units per acre maximum (as limited within the development agreement) Minimum Lot Size 5,000-square feet 5,000-square feet Minimum Lot Width 50-feet 50-feet Minimum Lot Frontage 0-feet* 35-feet(minimum) Total Acreage of Common Area 34,575-square feet(.79-acres) 27,443-square feet(.63-acres) (minimum) Percent of Site as Common Area 22.5% 18%(minimum) * Lot 8, Block 1, has access to the public street via a shared driveway. As designed, the configuration is in conformance with Eagle City Code Section 9-3-2-1(J). K. GENERAL SITE DESIGN FEATURES: Open Space: A total of 34,575-square feet of open space is proposed. The preliminary plat, date stamped by the City on October 1, 2021, shows the open space common lot is centrally located and contains a 5-foot-wide pathway which meanders through the common lot. All the proposed open space is designed to be"Active"Open Space, as defined by Eagle City Code Section 9-1-6. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on October 1, 2021, identifies the easements to be in conformance with Eagle City Code Section 9-3-6. The preliminary plat shows the two (2) existing lots are served by overhead power. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—No. Pressurized Irrigation: The applicant has submitted a Revised Waiver of Pressure Irrigation Requirement request, date stamped by the City on October 1, 2021, requesting a waiver from the requirement to provide pressurized irrigation since the property has no right to irrigation water from the New Dry Creek Ditch Company (attached to the staff report). Page 3 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc Preservation of Existing Natural Features: The site contains mature trees located along East Elliott Street and near the existing structures located within the site. The trees will need to be retained or mitigated if approved for removal. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. L. STREET DESIGN: Public Streets: The applicant is not proposing any new streets within the development. The applicant will be required to comply with the ACHD approval, date stamped by the City on June 22, 2021 (attached to the staff report). Blocks Less Than 500': None. Cul-de-sac Design:None. Sidewalks: The typical street section shown on the preliminary plat, date stamped by the City on October 1, 2021, shows the local streets will have a 5-foot-wide detached sidewalk separated from the street by an 8-foot-wide planter strip. 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. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the City on October 1, 2021, shows a 5-foot-wide meandering pathway located within the common lot (Lot 20, Blockl). The pathway provides a connection through the common lot between South Parkinson Street and East Syringa Street. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. N. PUBLIC USES PROPOSED:None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists Page 4 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccfdoc P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will receive potable water from Eagle Water Company. The site receives central sewer service from Eagle Sewer District. The property will receive fire protection from the Eagle Fire Department and police protection from the Eagle Police Department. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—Located along East Elliott Street and near the existing structures Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—Yes—Within the existing trees located within the site R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated October 4, 2021, are of special concern(attached to the staff report). Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department Marathon Pipe Line,LLC West Ada School District T. LETTERS FROM THE PUBLIC:None received to date. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the following: Compact Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. Page 5 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Worrldng File\Kody Corner Sub ccf.doc Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum i Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet)H* i Width I* R-6 35' 20' 20' 7.5' 20' 60% 5,000 50' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. I. Lot width shall be determined as follows: The distance between side lot lines measured at a point midway between the front and rear lot lines. Minimum lot frontage, the portion of a lot front adjacent to a public or private street, for all residential zoning districts shall be 35 feet. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 9-3-10: 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 Page 6 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet(10') wide and shall be located within a twenty-five foot(25')wide pedestrian access easement. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 9-4-1-9: Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist(the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served D. DISCUSSION(based on the preliminary plat, date stamped by the City on October 1, 2021): • The existing conditions page of the preliminaryplat identifies the locations of the existing buildings, canopies, trees, and concrete areas (associated with the structures) within the property. The preliminary plat shows that most of the structures will be removed with the exception of the residential dwelling and an accessory structure located within the proposed Lot 13,Block 1. The preliminary plat shows the concrete area located on the north side of the existing building encroaching into the common lot (Lot 21, Block 1). The applicant should be required to remove the concrete area located within Lot 21,Block,which encroaches from Lot 13, Block 1,prior to the City Clerk signing the final plat. • The preliminary plat identifies five (5) existing buildings, an existing canopy, and a well/pump house to be removed. The applicant should be required to remove the five (5) existing buildings, existing canopy, and a well/pump house(located at the southeast corner of the property)as shown on the preliminary plat prior to the City Clerk signing the fmal plat. Page 7 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc • The preliminary plat identifies Lots 7 and 8, Block 1, are accessed from a shared drive/fire turnaround located within Lot 9, Block 1. Neither Lot 7 or Lot 8, Block 1, are fronted by a street. 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 as required in section 8-2-4 of Eagle City Code. The minimum street frontage for a residential lot within the R-6 (Residential) zoning district is 35-feet. The applicant should be required to provide a revised preliminary plat showing Lot 7, Block 1, having a minimum street frontage of 35-feet. The revised preliminary plat should be provided prior to submittal of a design review application. • The applicant is requesting a R-6-DA (Residential with a development agreement) zoning designation. The required front setback within the R-6 (Residential) zoning designation is 20- feet. The typical street section shown within the preliminary plat shows the proposed 5-foot- wide detached sidewalk is located within the buildable lots. Pursuant to Eagle City Code Section 8-2-4(G) all front load garages are required to be set back a minimum of 25 feet from the back of the sidewalk. The preliminary plat delineates building envelopes which show the front setback line to be 25-feet behind the back of sidewalk, however, there is nothing proposed to ensure that a front load garage is located 25-feet from the back of sidewalk. It is staffs opinion to address the spacing between the front of the garage and the back of sidewalk the front setback be modified as follows: Front: 20-feet(living area) 25-feet(side-entry garage) 30-feet(front-load garage) Rear: 20-feet Side: 7.5-feet(first story) 5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50% • 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. • The preliminary plat shows a 5-foot-wide pedestrian pathway providing a connection between North Parkinson Street and East Syringa Street through the common area. Pursuant to Eagle City Code Section 9-4-1-6(D)(1), micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). In this case based on the proposed number of lots within the subdivision it is anticipated there will be a low volume of pedestrian traffic. The applicant should provide a revised preliminary plat showing a minimum 6-foot-wide concrete pathway located within Lots 9 and 21, Block 1. The revised preliminary plat should be provided prior to submittal of a design review application. • The preliminary plat shows overhead power located along North Parkinson Street. The preliminary plat also shows overhead power being provided to the two existing dwellings located within the two (2) properties being re-subdivided. Pursuant to Eagle City Code Section 9-4-1-8, underground utilities are required. The applicant should be required to provide a revised preliminary plat showing all overhead power facilities removed. The revised preliminary plat should be provided prior to submittal of a design review application. The overhead power facilities should be place underground prior to the City Clerk signing the final plat. Page 8 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Worlang File\Kody Corner Sub ccf.doc • Plat note #10 of the preliminary plat states, "This property is currently zoned R-4, to be rezoned to R-6 with a PUD." The application is not being processed as a planned unit development (PUD). Also, the applicant is requesting a rezone with development agreement; therefore, the property will be rezoned to R-6-DA, if the application is approved. The applicant should provide a revised preliminary plat with plat note #10 deleted. The revised preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note #12 of the preliminary plat states, "Common areas shown hereon shall be maintained by the homeowners' association." Since plat note#6 of the preliminary plat identifies which lots are common lots and indicates they are owned and maintained by the Kody Corner homeowner's association plat note#12 is duplicative. The applicant should be required to provide a revised preliminary plat with plat note#12 deleted. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #13 of the preliminary plat states, "This development anticipates using subsurface storm water disposal of storm water generated from the local road system and lands tributary to the system." The preliminary plat delineates two (2) shallow storm water detention basins. A shallow storm water detention basin is not considered to be a subsurface storm water disposal system. Typically subsurface storm water facilities are located within landscaped areas and are not noticeable like a shallow storm water detention basin which will either have sand or cobblestone located at the bottom of the facility. The applicant should be required to provide a revised preliminary plat indicating which style of storm water disposal is being provided. The revised preliminary plat should be provided prior to submittal of a design review application. • The rezone associated with the subdivision will have a development agreement associated with the rezone. The preliminary plat does not contain a plat note referencing the development agreement associated with the rezone. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "All development within this subdivision shall be consistent with the conditions of development within the development agreement (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. • The preliminary plat shows that Lots 7 and 8, Block 1, will share a driveway access. The preliminary plat does not contain a plat note regarding any easements or the responsibility of the operation and maintenance of the shared driveway. The preliminary plat identifies the shared driveway as a shared drive/fire turnaround. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "The owners of Lots 7 and 8, Block 1 who are served by the shared drive/fire turnaround is conveyed the perpetual right of ingress and egress over the described shared drive/fire turnaround,that such perpetual easement shall run with the land, and that the restrictive covenant for the perpetual maintenance of the shared drive/fire turnaround cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City." The revised preliminary plat should be provided prior to submittal of a fmal plat application. Page 9 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Worlang Fi1e\Kody Corner Sub ccfdoc • The subdivision will have CC&Rs which are required to address the operation and maintenance of the common area landscaping, shared driveway, and style of fencing located adjacent to common areas. The CC&Rs will need to be recorded to be referenced on the recorded plat. The preliminary plat does not contain a plat note referencing the CC&Rs. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "This development is subject to Covenants, Conditions, Restrictions, and Easements (Instrument No. ). The restrictive covenants for maintenance of the common areas and shared driveway cannot be modified and the Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat should be provided prior to submittal of a fmal plat application. • The preliminary plat shows a typical street section with the 8-foot-wide planter strip located within the street right-of-way. The preliminary plat does not contain a plat note referencing an ACHD License Agreement which is required to locate landscaping within the right-of- way. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat should be provided prior to submittal of a fmal plat application. The applicant's engineer has provided a Revised Waiver of Pressure Irrigation Requirement correspondence, date stamped by the City on October 1, 2021, which indicates there are no water rights available for the subdivision and therefore cannot serve the subdivision with pressurized irrigation. The narrative further states, that based on there being no water shares available for the property they are requesting a waiver from the City's requirement to provide a pressure irrigation system to serve the subdivision. Therefore, all of the lots within the subdivision will be irrigated from the domestic water system. Kari Rosti, with New Dry Creek Ditch Company, provided correspondence dated April 28, 2021, which indicated that the properties do not have water rights within the New Dry Creek Ditch Company. Based upon the limitations expressed by the New Union Ditch Company, staff recommends affirming that sufficient information exists to meet the conditions of a waiver request based on Eagle City Code Section 9-4-1-9(C)(2)(b). A pressurized irrigation waiver request may be granted since the irrigation purveyor cannot deliver surface water to the site. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on December 6, 2021, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during the deliberation that: • The applicant should be required to provide a revised preliminary plat showing the shared drive/fire turnaround located within an ingress/egress easement. • Based on the lack of availability of surface water to the site a pressurized irrigation waiver should be approved. Page 10 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Worlang File\Kody Corner Sub ccf..doc COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Commission voted 4 to 0(Wright absent)to recommend approval of RZ-07-21 for a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) with conditions to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated January 3,2022. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-09-21 for a preliminary plat for Kody Corner Subdivision with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated January 3,2022. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications came before the Eagle City Council for their action on February 8, 2022, at which time public testimony was taken. and the public hearing was closed. B. Oral testimony in favor of the applications was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by no one. COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve RZ-07-21 for a rezone from R-4 (Residential) to R-6-DA (Residential with a development agreement) with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement with strike through text to be deleted by the Council and underline text to be added by the Council: 3.1 The maximum density for the Property shall be 5.44 dwelling units per acre(19-single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and fmal plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C), the City understands and agrees that certain changes in that concept may occur. If the City determines, in its sole discretion, that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The 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, shared driveway, 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. Page 11 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Woddng File\Kody Corner Sub ccf doc (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) Similar residential home exterior elevations shall not be used twice within a five (5) home radius of each other. 3.4 The—bu-ikling--ele*atiens—(Exhibit—E-)—sensist-iiig—ef—a—nieflem—er-aftsfaaa—style—ef--arehitesture fepresents-the-Ownerls-euffent-soneept-fer-the-prejeet. Owner shall be required to construct the residential homes to be similar in architecture as shown in Exhibit E. 3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.6 Owner shall provide a detailed arborist report and an existing tree inventory map identifying all existing trees located onsite. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating which trees will be incorporated into the design of the subdivision and which trees will be removed prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan. 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pumphouse (ifproposed), ro osed useable 5) proposed amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, 7) cluster mail box, and 8) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. 3.9 Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding Plan associated with Kody Corner Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-09-21 for Kody Corner Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-07-21. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. Page 12 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc 4. Remove the five (5) existing buildings, existing canopy, and a well/pump house (as shown on the preliminary plat)prior to the City Clerk signing the fmal plat. 5. Provide a revised preliminary plat showing Lot 7, Block 1, having a minimum street frontage of 35-feet. The revised preliminary plat shall be provided prior to submittal of a design review application. 6. The applicant shall remove the concrete area located within Lot 21, Block, which encroaches from Lot 13,Block 1,prior to the City Clerk signing the final plat. 7. The setbacks shall be as follows: Front: 20-feet(living area) 25-feet(side-entry garage) 30-feet(front-load garage) Rear: 20-feet Side: 7.5-feet(first story) 5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50%(ECC 8-2-4[G]) 8. Provide a revised preliminary plat showing a minimum 6-foot-wide concrete pathway located within Lots 9 and 21,Block 1. The revised preliminary plat shall be provided prior to submittal of a design review application. 9. Provide a revised preliminary plat showing all overhead power facilities removed. The revised preliminary plat shall be provided prior to submittal of a design review application. The overhead power facilities shall be place underground prior to the City Clerk signing the fmal plat. 10. Provide a revised preliminary plat with plat note #10 deleted. The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 11. Provide a revised preliminary plat with plat note #12 deleted. 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, "All development within this subdivision shall be consistent with the conditions of development within the development agreement (Instrument No. ) and any subsequent modifications to the development agreement." The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 13. Provide a revised preliminary plat with a new plat note which states, "The owners of Lots 7 and 8, Block 1 who are served by the shared drive/fire turnaround is conveyed the perpetual right of ingress and egress over the described shared drive/fire turnaround, that such perpetual easement shall run with the land, and that the restrictive covenant for the perpetual maintenance of the shared drive/fire turnaround cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City." The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary plat with a new plat note which states, "This development is subject to Covenants, Conditions, Restrictions, and Easements (Instrument No. ). The restrictive covenants for maintenance of the common areas and shared driveway cannot be modified and the Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 13 of 20 K:\Flanning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Worlang File\Kody Corner Sub ccf.doc 15. Provid e a revised preliminary plat with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. ." The revised preliminary plat shall be provided prior to submittal of a final plat application. 16. Provide a revised preliminaryplat with a newplat 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 fmal plat application. 17. Provide a revised preliminary plat indicating which style of storm water disposal is being provided. The revised preliminary plat shall be provided prior to submittal of a design review application. 18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 19. 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 fmal plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 20. 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 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. 21. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a fmal plat. 22. 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). 23. The Kody Corner Subdivision shall remain under the control of one Homeowners Association. 24. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain 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. Page 14 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc 25. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot deliver surface water to the site. 26. Provide a revised preliminary plat showing the shared drive/fire turnaround located within Lot 7, Block 1, located within an ingress/egress easement. The revised preliminary plat shall be provided prior to submittal of a fmal plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the fmal 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 fmal plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the fmal plat (B.C.C. 9-20- 8.4) 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 fmal plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a Page 15 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc 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, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the fmal plat. 12. 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 fmal plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the fmal plat. 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. 13. 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. 14. 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. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. Page 16 of 20 K:\Planning Dept\Fagle Applications\SUBS\2021\Kody Corner Sub\Worlang File\Kody Corner Sub ccf.doc 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the 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 final plat. 17. 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. 18. 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. 19. 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, 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. 20. Conservation,recreation and river access easements(if applicable)shall be approved by the Eagle City Parks, Pathways, and Recreation Commission and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. 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". 22. The applicant shall comply with theprovisions of the Eagle CityCode, pertainingto flood lain Pp PY g floodplain river protection regulations(if applicable)prior to the City Engineer signing the fmal plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain(if applicable)from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. 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 fmal plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. Page 17 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc 1� 28. 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. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a fmancial 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. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone with development agreement (RZ-07-21) with regard to Eagle CityCode Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone with development agreement is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-6-DA (Residential with a development agreement) is consistent with the Compact Residential designation as shown on the Comprehensive Plan Land Use Map; Page 18 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf.doc 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 R-6-DA (Residential with a development agreement) zoning district is compatible with the R-4 (Residential) zone and land use to the north since that area has been developed with lots of similar size; d. The proposed R-6-DA (Residential with a development agreement) zoning district is compatible with the R-4 (Residential) zone and land use to the south since that area has been developed with lots of similar size; e. The proposed R-6-DA (Residential with a development agreement) zoning district is compatible with the R-4 (Residential) zone and land use to the east since that area is designated as Residential One in the Comprehensive Plan and has been developed with lots of similar size; f. The proposed R-6-DA (Residential with a development agreement) zoning district is compatible with the R-4(Residential)zone and land use to the west; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No nonconforming uses are expected to be created with this rezone based on the conditions contained herein. 2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-09- 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 J any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets,police and fire protection, schools, drainage structures, refuse disposal, water and 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 Ada County Highway District, Central District Health Department, Eagle Fire Department, Eagle Sewer District, and West Ada School 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 Council'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 19 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf doc DATED this 22nd day of February,2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Ja on ''erce, ayor AT EST: .o'" p.GLE ., Off.•• *ATF•• ••� Tracy E. Osb , age City Clerk . v ; 0 Q e. ,tis;z = . . � . ,IS 1 A, ,,,...• Page 20 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Kody Corner Sub\Working File\Kody Corner Sub ccf doc Exhibit "A" I9€-cvc(6oL) ,A x�w I.ns' d o'=s irs r szs m°° i'u.m (V %La PC45.51 PN°!I'i'M5055 d'��, '6 .r..!w,t�tin,�s, aam!.� ri4'tt off, a uoistnipgnsJaluoJApo ip ..... `0 p '3 `S.MOM2U.3 dig Via, aTava oiy sumpuop 8ugstxg sw)s)n 11 a I. 0 I v,' \ ull W 1 11.Q N ..----II 1, 'I}r¢�S,i fP W f 1 1 ¢ 1 y L.i C.) 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