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Findings - PZ - 2016 - RZ-07-16 & PP-05-16 - Lonesome Dove Subdivision No. 2BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM MU (MIXED USE) ) TO MU -DA (MIXED USE WITH A ) DEVELOPMENT AGREEMENT IN LIEU ) OF A PUD) AND PRELIMINARY PLAT ) FOR LONESOME DOVE SUBDIVISION ) NO. 2 FOR ZACH EVANS CONSTRUCTION ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-16 & PP -05-16 The above -entitled rezone with development agreement in lieu of a PUD and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on October 17, 2016, at which time public testimony was taken and the public hearing was closed. The 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: Zach Evans Construction, represented by Mark Butler, is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Lonesome Dove Subdivision No. 2, a 75 -lot (68 buildable, 7 common) residential subdivision (re -subdivision Lot IA, Block 2, Lot IB, Block 2, and Lot 1, Block 1, Lonesome Dove Subdivision). The 4.36 -acre site is generally located at the southeast and southwest corners of East Riverside Drive and South Lone Brook Way. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall, 660 East Civic Lane, Eagle, Idaho 83616 at 6:00 PM, Monday, July 25, 2016, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on July 28, 2016. Reductions of the Preliminary Plat, Lot Layout, and Preliminary Engineering and Existing Conditions were submitted to the City of Eagle on July 29, 2016. A revised preliminary plat was submitted on September 22, 2016. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle PIanning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 1, 2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 28, 2016. Requests for agencies' reviews were transmitted on August 5, 2016, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on October 6, 2016. D. HISTORY OF PREVIOUS ACTIONS: On July 11, 2006, the City Council approved an annexation and rezone with development agreement for this site (A-12-05/RZ-19-05). Page 1 of 27 KAPlanning DeptlEagle ApplicatioWSUBM2416%onesome Dove sub No_ 2 pd.doc On September 26, 2006, the City Council approved the final conditions to be placed within a development agreement (RZ-19-05). On January 23, 2007, the City Council approved the preliminary plat for Lonesome Dove Subdivision (PP -18-06). On March 27, 2007, the City Council approved the common area landscaping for Lonesome Dove Subdivision (DR -01-07). On August 14, 2007, the City Council approved a development agreement modification to increase the commercial building footprint size and provide a single tenant retail and restaurant maximum size (RZ-19-05 MOD). On August 14, 2007, the City Council approved two multi -tenant retail/restaurant/office buildings within Lonesome Dove Subdivision (DR -30-07). On December 18, 2007, the City Council approved the final plat for Lonesome Dove Subdivision (FP -10-07). On June 24, 2008, the City Council approved a design review application for a modification to two multi -tenant retail/restaurant/office buildings within Lonesome Dove Subdivision (DR -30-07 MOD). On August 7, 2008, City staff approved a design review for modification to the architectural design of the clubhouse within Lonesome Dove Subdivision (DR -01-07 MOD). On October 28, 2008, the City Council approved a development agreement modification to revise the residential setbacks, increase the maximum height of a commercial building, and allow for a temporary sales office (RZ-I9-05 MOD]). On November 18, 2008, the City Council approved the preliminary plat for Lonesome Dove II Subdivision (PP -03-08). On January 12, 2010, the City Council approved a one (1) year extension of time for the preliminary plat for Lonesome Dove Subdivision 11 for Lonesome Dove, LLC. The extension of time is valid until December 23, 2010 (EXT -27-09). On March 8, 2011 the City Council approved a one (1) year extension of time for the preliminary plat for Lonesome Dove Subdivision II for Taunton Properties LLC. The extension of time is valid until December 23, 2011 (EXT -14-10). On May 27, 2014, the City Council approved a vacation of public utility easements located adjacent to the interior lot lines common to Lot 2-7, Block 6, and Lots 16-21, Block 7, of the final plat of Lonesome Dove Subdivision for Taunton Properties, LLC (VAC -04-14). On September 4, 2014, a Lot Line Adjustment common to Lot 2-7, Block 6, and Lots 16-21. Taunton Properties, LLC (LLA -02-14). Record of Survey associated with the lot lines Block 7, of Lonesome Dove Subdivision for E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 27 K`Tlanning DcptlZagle ApplicationslSUBS12016'.Lonesome Dove sun No 2 pzfdoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site -- 4.36 -acres Total Number of Lots — 75 Residential — 68 Commercial -- 0 Industrial -- 0 Common T 7 Total Number of Units — 68 Single-family — 68 Duplex — 0 Multi -family T 0 Total Acreage of Any Out -Parcels -- 0 Page 3 of 27 K ,Planning DepY.Eagle ApplicationASUB512oi6-.Lonesome Dove sub No. 2 pzf doe COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU (Mixed Use) Vacant lots MU -DA (Mixed Use with a Single-family (attached) Proposed No Change development agreement [in residential subdivision lieu of a PUD]) Mixed Use MU -DA (Mixed Use with a ACHD Park and Ride, North of site development agreement [in State Highway 44, Eagle lieu of a PUD]) River Development Mixed Use MU -DA (Mixed Use with a Lonesome Dove South of site development agreement [in Subdivision lieu of a PUD]) Mixed Use MU -DA (Mixed Use with a Lonesome Dove East of site development agreement[in Subdivision lieu of PUD]) Mixed Use MU -DA (Mixed Use with a Vacant Parcel West of site development agreement [in lieu of a PUD]) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site -- 4.36 -acres Total Number of Lots — 75 Residential — 68 Commercial -- 0 Industrial -- 0 Common T 7 Total Number of Units — 68 Single-family — 68 Duplex — 0 Multi -family T 0 Total Acreage of Any Out -Parcels -- 0 Page 3 of 27 K ,Planning DepY.Eagle ApplicationASUB512oi6-.Lonesome Dove sub No. 2 pzf doe ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 15.63 -dwelling units per acre 15.63 -dwelling units per acre (limited pursuant to the development agreement) Minimum Lot Size 1,414 -square feet 5,000 -square feet Except that 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) - per ECC Section 8-6-5-5 (A). Minimum Lot Width 21 -feet 50 -feet Minimum Street Frontage 21 -feet 35 -feet Total Acreage of Common Area 0.92 -acres (.47 -private alley, .45- 0.87 -acres (minimum) open space) Percent of Site as Common Area 10% (area minus the private 20% alleys) 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. • The above numbers are calculated for the Lonesome Dove Subdivision No. 2 plat only. However, staff is factoring in the entire Lonesome Dove development when considering density and open space for the application. The entire 41.2 -acre Lonesome Dove development (including Lonesome Dove No. 2) has 7.9 -dwelling units per acre and 49.5% open space. GENERAL SITE DESIGN FEATURES: Landscape Screening: The preliminary plat, date stamped by the city on September 22, 2016, does not show the common lot located between the residential lots and East Riverside Drive to be 35 -feet in width. East Riverside Drive is classified as a collector. Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a) a thirty-five foot (35') wide buffer area with a minimum five to eight foot (5' to 8') high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided adjacent to collectors. Open Space: A total of 0.92 -acres of open space is proposed within this phase of the residential subdivision. The common areas are comprised of a common lot located adjacent to East Riverside Drive (Lot 1, Block 18), a common lot located at the southwest corner of East Riverside Drive and East Lone River Drive (Lot 26, Block 19), and five (5) private alleys which provide access to the residential units. Lot 1, Block 18, is also proposed to contain sidewalks which provide access to the residential units located between East Riverside Drive and East Lone River Drive. Page 4 of 27 K'Tlanning Dept\Eaglc App1ications%1JBS\20161Loncsome Dove sub No. 2 pzf doc 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 a planned unit development (PUD). The property was originally approved for a MU -DA (Mixed Use with a development agreement in [lieu of a PUD]) zoning designation and the applicant is requesting a development agreement in lieu of a PUD pursuant to Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no): No Preservation of Existing Natural Features: 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. The site has mature trees located within Lot 1, Block 2, Lonesome Dove 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. STREET DESIGN: Public Streets: The preliminary plat, date stamped by the city on September 22, 2016, shows two (2) street sections associated with the interior streets of the proposed development. The street sections show a 24 -foot right-of-way (and paved alley) and a 35 -foot typical right-of-way street section. The preliminary plat, date stamped by the city on September 22, 2016, shows a 20 -foot wide private alley section (measured from back of curb to back of curb, with two (2) 10 -foot wide travel lanes with a concrete valley gutter located in the center of the alley way. The travel way is bordered on each side with 12 -inch wide concrete ribbon curbing. Blocks Less Than 500': None Cul-de-sac Design: None proposed Sidewalks: The applicant is proposing East Lone River Street with an attached five-foot (5') wide sidewalk located on the south side of the street. There is an existing five-foot (5') wide detached sidewalk located adjacent to East Riverside Drive. Page 5 of 27 KAPlanning DepAEaglc ApplicalionlSUBS120161Lonesome Dove sob No 2 pzf doc 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 Iighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing 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. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under "Open Space" and "Sidewalks" above.) Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat —no Floodplain -- yes — The western half of Lot 1, Block 2, Lonesome Dove Subdivision is located within the 1 %-chance floodplain area. Mature Trees — yes — located on Lot I, Block 2, Lonesome Dove Subdivision in proximity to East Riverside Drive. Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated September 27, 2016 (2nd Review), are of special concern (attached to the staff report). Ada County Highway District Ballentyne Ditch Company Central District Health Department of Environmental Quality Page 6 of 27 KAPlanning DepAEagla App1ications15UB5120W1_onesomc Dove sub No. 2 pzfdoc Eagle Fire Department Republic Services Tesoro Logistics West Ada School District Q. LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from Michael and Helen Segerdal, date stamped by the city on October 11, 2016. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per I acre. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 0 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. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. LOT TYPES: Terminology used in this title with reference to comer lots, interior lots and through lots is as follows: Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots. 0 Eagle City Code, Section 8-2-1: Districts Established: 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 Page 7 of 27 KAPlanning DcpMagle Applications%UBWO MLonesome Dove sun No 2 pzf doc 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 twenty (20) 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 8-2-1: Schedule of District Use Regulations: Single-family and multi -family dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code, Section 8-24: 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 Sq. Width I* Ft.) G And H* MU 35' 20' 20' 7.5' 20' 15,000 50' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code, Section 8 -2A -7(J): Buffer Areas/Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan 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, Page 8 of 27 KAPlanning Dept\Eagle ApplicationASU85120161Lonesome Dove sue No. 2 pddoc C. 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. 0 Eagle City Code, Section 8-4-5: Schedule of Parking Requirements: Tyne Of Use ........... RESIDENTIAL Apartments ! or multi- family dwellings Off Street Parkins Spaces Required For each unit with 2 or more bedrooms - 2 including I covered; for each I bedroom or studio unit - 1.5 including l covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement • 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. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1(J): Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. 0 Eagle City Code Section, 9-3-5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary Page 9 of 27 KAPlanning DeptTagle ApplicationASUBSUO l fiti.Lonesome Dove sub No 2 pzf doc from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot Iines 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, 9-3-8 (13)(4): Public Sites and Open Spaces: Ownership and Management of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. • Eagle City Code Section 9-4-1-6: PedestrianBicycIe Pathway and Sidewalk Regulations: F. Sidewalk Design: I. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. D. DISCUSSION: • The subject site consists of Lot 1, Block 1, and Lots 1 A -B, Block 2, of Lonesome Dove Subdivision. A preliminary plat (Lonesome Dove Subdivision 1I) consisting of 75 -lots (68 buildable, 7 common) was previously approved for a re -subdivision of the subject property on November 18, 2008, and subsequently expired in 2011. Condition of development #3.3 of the Page 10 of 27 KAPlanning DcpIkEagle Applicalions\SUBS120161Lonesome Dove sub No 2 pzrdoe executed development agreement (instrument # 107128273) associated with Lonesome Dove Subdivision allowed up to 226 -residential units within the development. When the final plat was approved for Lonesome Dove Subdivision the subject lots (Lot 1, Block 2 and Lot 1, Block 1) were proposed to contain multi -family dwellings consisting of 120 residential units. The preliminary plat date stamped by the City on September 22, 2016, shows all of the proposed residential lots to be below the required 5,000 -square foot minimum lot size for the MU (Mixed Use) zoning designation. Under a PUD application, lot sizes are allowed to be below the minimum lot size provided there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the Council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. It should be noted that the overall Lonesome Dove development does have adequate open space to compensate for the reduction in lot sizes if the Commission and Council were to determine that the reductions are appropriate. Pursuant to Eagle City Code Section 9-3-5, lots within any subdivision shall comply in all respects with the "Official Height and Area Regulations" as set forth in Section 8-24. The applicant is requesting a MU -DA (Mixed Use with a development agreement [development agreement in lieu of a PUD]) zoning designation. The required setbacks within the MU (Mixed Use) zone are as follows: Front 20 -feet Rear 20 -feet Side 7.5 -feet Street Side 20 -feet Maximum Coverage 50% The applicant is proposing single-family attached units to be located on individual lots separating each unit. As provided within the applicant's narrative, date stamped by the city July 28, 2016, the applicant is requesting the following setbacks: Street Front and Street Side 18 -feet (measured from back of curb) Collector Street Side 35 -feet (measured from back of curb) (E. Riverside Drive) (except for minor reductions at the locations of three of the townhome in order to provide for Architectural variations for the E. Riverside Drive facing walls of the three townhomes to be located on Lots 2, 13, and 14 of Block 18) Street Side 5 -feet (measured from back of curb) (north side of E. Lone River Drive) Attached sidewalk shall be located on the south side of E. Lone River Drive with no sidewalk on the north side Alley 4 -feet (measured from edge of alley) Maximum Coverage: No Maximum coverage - Zero Lot line development The applicant's proposed setbacks do not address the rear Ioaded units located on the south side of East Lone River Drive. The proposed setbacks also do not address the street side setbacks for those units located on the south side of East Lone River Drive or the north side of East Lone Creek Drive. In regard to the collector street side setback (E. Riverside Drive), the proposed setback provides an exception for minor reductions at locations of three of the Page 11 of 27 KAPlanning DeptTagle Applications\SUBS120161Lonesome Dove sub No 2 pzf.doc townhomes to provide for architectural variations to encroach into the required setback. The three lots identified in the proposed setback are Lots 2, 13, and 14, Block 18, however, one of those lots (Lot 13) is not located adjacent to East Riverside Drive. The three lots that should be identified are Lots 2, 14, and 15, Block I8. Also, the proposed setback does not identify the width of encroachment into the required setback nor was an exhibit showing the encroachment area provided. The preliminary plat, date stamped by the city on September 22, 2016, shows the dwelling footprints on the subject lots encroaching into the required setback approximately three feet (3') in width. The area of the dwelling encroaching into the setback is approximately 50% of the structure. It is staff s opinion that the setbacks should be as follows: Street Front 18 -feet (measured from back of curb) Collector Street Side 35 -feet (measured from back of curb) (E. Riverside Drive) (an exception of 3 -feet in width for up to 50% of the structure may be permitted to provide for architectural variations for the E. Riverside Drive facing walls of the three townhomes to be located on Lots 2, 14, and 15 of Block 18) Interior Side 0 -feet Street Side 5 -feet (measured from back of curb) (E. Lone River Drive) Side adjacent to common area 5 -feet Alley 4 -feet (measured from edge of alley) Maximum Coverage: No Maximum coverage Plat note 45 of the preliminary plat, date stamped by the City on September 22, 2016, identifies the common lots located within the subdivision. The common lots are a combination of open space lots and private alley lots. The plat note does not address who is responsible for the operation and maintenance of the common lots. Plat note #I I addresses the cross access and the maintenance of the private alley lots but does not identify which lots contain the private alleys. Since the open space lots and the private alley lots serve separate purposes the applicant should be required to use separate plat notes to identify the common lots based on use. The applicant should provide a revised preliminary plat with plat note #5 revised to state, "Lot i, Block 18 and Lot 26, Block 19 are common/open space lots to be owned and maintained by the Lonesome Dove No. 2 Homeowners Association." The revised preliminary plat should be provided prior to submittal of a final plat application. In regard to the private alley lots, the lot and block numbers should be identified on plat note #11 since that plat note addresses cross access and maintenance of those lots. The applicant should provide a revised preliminary plat with plat note 411 revised to state, "The residential lots located adjacent to Lot 1, Block 17, Lots 8, 21, & 35, Block 18, and Lot 20, Block 19 (common lots/private alley) shall a) have the perpetual right of ingress and egress over said lots, b) provide that the easement shall run with the land, c) provide that the owners located adjacent to said lots shall be responsible for the maintenance of the common lots/private alley, and d) provide that a restrictive covenant for maintenance of the common lotsfprivate alley cannot be modified without the express consent of the city. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 12 of 27 KAPlanning Dep(Tagle ApplicafionslSUBSUOI&,Lonesome Dove sub No. 2 pzf doc Plat note #6 of the preliminary plat, date stamped by the city on September 22, 2016, states, "See conditions of development agreement (RZ-19-05 and its modifications) for additional information." The rezone number associated with the subject application is RZ-07-16. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "This subdivision is subject to the development agreement associated with RZ-07-16 and any subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. Plat note 48 of the preliminary plat, date stamped by the city on September 22, 2016, states, "Minimum building setback lines shall be in accordance with the setbacks as set forth in the conditions of the development agreement (RZ-19-05 and its modifications) at the time of issuance of a building permit." The development agreement associated with rezone, application RZ-19-05, has expired and is no longer in effect. The applicant should provide a revised preliminary plat with plat note #8 revised to state, "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit or as specifically approved by the conditions of development for RZ-07-16 and any subsequent modifications." The revised preliminary plat should be provided prior to the submittal of a final plat application. The preliminary plat, date stamped by the city on September 22, 2016, shows the E. Lone River Drive street section with a single five foot (5') wide attached sidewalk located on the south side of the street. The residential units located north of E. Lone River Drive will have pedestrian access via sidewalks located between E. Lone River Drive and E. Riverside Drive. Pursuant to Eagle City Code Section 94-1-6(F), sidewalks a minimum five feet (5') in width are required on both sides of the street. The sidewalks are to be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. However, because this public road essentially acts as an alley providing rear access to the residential lots along the south side of the road and access to the drive aisles on the north side of the road, staff considers it appropriate to allow the single attached sidewalk to be located on the south side only. Eagle City Code Section 8 -2A -7(J)(4) requires a five (5') to eight (8') foot high and thirty five foot (35') wide buffer area be provided when residential uses abut any road designated as a collector. According to the preliminary plat, the proposed residential lots are located adjacent to East Riverside Drive, which is a residential collector. A typical five foot (5') wide sidewalk and eight foot (8') to ten (10') foot wide landscape strip has been constructed along this portion of the property. The thirty five foot (35') wide landscaped buffer was not addressed in the previously approved design review nor was it required for the previously approved Lonesome Dove Subdivision II that was previously approved for this site. Staff recognizes that buffering between the residential uses and the collector needs to be addressed; however, due to the proposed mix of uses for the entire development, (which will include retail shops and offices as well as residential) and in order to maintain the desired urban feel of the development, staff thinks that it may be appropriate to require the applicant to instead construct a five foot (5') high decorative masonry wall. The wall will provide a suitable buffer between the uses and will create a more urban aesthetic feel to the development than would the typical thirty five foot (351) landscaped buffer. In lieu of the installation of a landscape buffer berm located adjacent to East Riverside Drive in accordance with Eagle City Code Section 8-2A-7(J)(4)(a) the applicant should construct a five foot (5') high decorative masonry wall. The applicant should provide detailed cut sheets (showing material, color, design, etc.) of the five foot (5') high decorative masonry wall that extends along East Riverside Drive between the proposed residential lots and the road. The cut sheets should be Page 13 of 27 KAPIanning DeptTagle ApplicationASUBSUOMLonesome Dove sub No 2 pzf.doc provided with the required design review application for the proposed townhomes and should be reviewed and approved by the Design Review Board prior to the issuance of a zoning certificate for the townhomes. Due to the lack of guest parking within the proposed development, the ACRD staff report, date stamped by the city on September 22, 2016, contains a special recommendation that the applicant be required to provide additional off-street guest parking to serve the site. Pursuant to Eagle City Code Section 8-4-5, the applicant is required to provide .25 -spaces per unit for guest parking. The code also allows for adjacent on street parking spaces on a local street to be credited toward the guest parking requirement. The proposed development contains 68 - residential units; therefore, a total of 17 -guest parking spaces would be required. The applicant should be required to provide a revised preliminary plat showing a minimum of 17 -guest on street parking spaces prior to submittal of a design review application. Robert Olson with Republic Services, provided email correspondence, date stamped by the city on August 11, 2016, which indicated a concern with the alleys providing access to the units not having a turnaround for garbage collection. Mr. Olson also posed a question in regard to whether or not the residents will expect cart service from the alley or the street. The applicant should provide correspondence from Republic Services indicating how trash service will be provided for the residential units prior to submittal of final plat application. The preliminary plat, date stamped by the city on September 22, 2016, shows the sidewalk located adjacent to East Riverside Drive that is approximately five -feet (5') in width. The sidewalk currently located adjacent to Lot IA -B, Block 2, is five -feet (5') in width. The existing sidewalk/pathway located east and west of the proposed development is approximately 10 -feet in width. The applicant should be required to provide a revised preliminary plat showing the sidewalk located adjacent to East Riverside Drive to be a minimum of 10 -feet in width prior to submittal of a design review application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested rezone with development agreement in lieu of a PUD and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on October 17, 2016, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by ten (10) individuals who voiced the following concerns: • The proposed density of the project is too high. • The development should be designed similar to the existing Lonesome Dove Subdivision No. 1. • The Lonesome Dove Subdivision No. 1 Architectural Control Committee has not been presented with the design. • The applicant should be required to provide additional open space. • It will be difficult to access the rear loaded garages from the proposed access driveways. • The existing pressurized irrigation system will not support new development due to the size of the existing pump. • An additional playground would be needed for children residing within the development. • The existing pool and clubhouse are not Iarge enough to support additional residents. • The site needs additional off-street parking for guests. Page 14 of 27 K-Tianning Dept'.Eagle Applications%UHSVO16'.Lonesome Dove st4 No 2 pzf doe • The developer has not addressed the expressed concerns from the residents residing within Lonesome Dove Subdivision No. 1. • The developer's representatives could not answer questions that were asked during the neighborhood meeting. • The developer is proposing to utilize the proposed units as rentals and if the developer retains ownership in the project it could possibly give them control of the homeowner's association. • The development will not be similar to the style of development that currently exists within Lonesome Dove Subdivision No. 1. • Based on the density of the project it may create accessibility and egress concerns. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by three (3) individuals who requested that a buffer be provided between the proposed development and the western property line and the developer provide more communication with residents currently residing within the subdivision. One of the individuals also asked if recycling bins will be provided as part of the premium trash service that will be required for the subdivision. COMMISSION DELIBERATION: (Granicus time 4:05:18) Upon closing the public hearing, the Commission discussed during deliberation that: • It is not within the city's purview to control whether or not the proposed units are utilized as rentals. • The site was originally approved to have 120 multi -family units. The development agreement was then modified to allow for 70 multi -family residential units to be developed which is similar to the subject application. • The proposed design is currently shown on the Lonesome Dove website for marketing purposes. • When the existing residents purchased their lots and noticed the vacant lots located in proximity to their property they should have anticipated the vacant lots would be developed in the future. • There is sufficient on -street guest parking located within the proposed development. • As proposed there is no basis to deny the application. • The existing sidewalk located adjacent to East Riverside Drive should remain at 5 -feet in width. • The developer should have communicated more with the residents located within Lonesome Dove Subdivision No. 1. • The proposed townhouses are a better option than an apartment complex. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT IN LIEU OF A PUD: The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of RZ-07-1 b (Concept Plan — Exhibit "B") for a rezone from MU (Mixed Use) to MU -DA (Mixed Use with development agreement in lieu of a PUD) for Zach Evans Construction with the following staff recommended conditions of development to be placed within a development agreement strike through text to be deleted by the Commission: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. Page 15 of 27 K.Tianning DeplTagle ApplicationASUBM2016%onesome Dove sub No. 2 pzf.doc 3.2 The Concept Plan (Exhibit "B") represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The total number of residential units on the Property shall not exceed 68 -units in the aggregate. Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required with the exception of height exceptions. 3.4 The setbacks shall be as follows: Street Front 18 -feet (measured from back of curb) Collector Street Side 35 -feet (measured from back of curb) (E. Riverside Drive) (an exception of 3 -feet in width for up to 50% of the structure may be permitted to provide for architectural variations for the E. Riverside Drive facing walls of the three townhomes to be located on Lots 2, 14, and 15 of Block 18) Interior Side 0 -feet Street Side 5 -feet (measured from back of curb) Side adjacent to common area 5 -feet Alley 4 -feet (measured from edge of alley) Maximum Coverage: No Maximum coverage 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for maintenance of all community and privately owned landscaping, pressurized irrigation facilities, parking lots, and amenities. (b) A requirement insuring compliance with the Design Guidelines approved with this Agreement. (c) A requirement for all fencing within the development to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. 3.6 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 and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.7 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. City of Eagle approvals shall be subject to any FEMA requirements. 3.8 Owner shall match the existing streetscape located on the south side of Riverside Drive with a minimum eight foot (8') wide tree lined landscaped strip and - deta,t.ea 19 feet widessidewalk. The landscaping, including street trees and sidewalk shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. Page 16 of 27 KAPlanning DeptlEagle ApplicationslSUBS120161Lonesome Dove sub No. 2 pzf doe 3.9 The multi -family dwellings shall be constructed utilizing "Northwestern" style architecture (Exhibit "D") that shall be commensurate with the architectural styles of the residential dwellings located within Lonesome Dove Subdivision. Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for the multi -family dwellings. To assure compliance with this condition, the applicant shall create an Architectural Control Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 3 to 0 (Guerber and Smith absent) to recommend approval of PP -05-16 (Exhibit "A") for a preliminary plat for Lonesome Dove Subdivision No. 2 for Zach Evans Construction with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-07-16. 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. Provide a revised preliminary plat with plat note #5 revised to state "Lot 1, BIock 18 and Lot 26, Block 19 are common/open space lots to be owned and maintained by the Lonesome Dove No. 2 Homeowners Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-8[D][4][a]) 5. Provide a revised preliminary plat with plat note #6 revised to state, "This subdivision is subject to the development agreement associated with RZ-07-16 and any subsequent modifications." The revised preliminary plat shall be provide prior to submittal of a final plat application. 6. Provide a revised preliminary plat with plat note #8 revised to state, "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit or as specifically approved by the conditions of development for RZ-07-16 and any subsequent modifications." The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 8-2-4) Provide a revised preliminary plat with plat note 911 revised to state, "The residential lots located adjacent to Lot 1, Block 17, Lots 8, 21, & 35, Block 18, and Lot 20, Block 19 (common lots/private alley) shall a) have the perpetual right of ingress and egress over said lots, b) provide that the easement shall run with the land, c) provide that the owners located adjacent to said lots shall be responsible for the maintenance of the common lots/private alley, and d) provide that a restrictive covenant for maintenance of the common lots/private alley cannot be modified without the express consent of the Page 17 of 27 KAPlanning Depffagle Applicationsl5UBS120161Lonesome Dove sob No 2 pzfdoc city. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2-2-5 [C]) 8. Provide a revised preliminary plat showing a minimum of 17-guest on street parking spaces prior to submittal of a design review application. (ECC 8-4-5) 9. Pr-e%,ide a r-eN'ised pr-elimiaar:y plat showing the sidewalle 'seated adjaeent ie Eas! River-side DFiVe tO be 10. aeoerdanee with Eagle Gity Gede Seetien 8 2A 7(j)(4)(a) the applieent shall L-2-BRARK-4 _F] fiYe f001 (52) high deOffative maseFir-y wall. The applieaRt shall pi:evide detailed eut sheets (shewifig Matefial, , design, eie.) ef the Ave feet (52) high deeffative masefwy wail that eNtends aleng East River-side DF4%,e bem,een the PFOpesed Fesidential lets and the Fead. The eut sheets shall be pr-e%-ided with the Fequir-ed If a reduced buffer area located adjacent to East Riverside Drive is avoroved by the City Council, the total number of landsca a lantin s shall be commensurate with the landscaping re uirements pursuant to Ea le City Code Section 8-2A-70)0)(a). The landscape plan shall be reviewed and ayaroved by the Design Review Board prior to submittal of final plat application. (ECC 8-2A-7[d][4][a]) 11. The applicant shall provide correspondence from Republic Services indicating hew that premium trash service (as identified in the city's contract with Republic Services) will be provided for the residential units pfier!e at the time of submittal of a a building permit application. 12. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) and sod 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. 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. 13. 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 application. 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. 14. The Lonesome Dove Subdivision No. 2 shall remain under the control of one Homeowners Association. 15. The applicant shall place a note on the final plat stating that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 16. 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. Page 18 of 27 K -.'.Planning DepnEagle ApplicationslSUBS`2016'.Lonesomc Dow sun No 2 pzf doc 17. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be Iimited 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 final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (S.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 the 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. 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 Page 19 of 27 KAPIanning DeptTagic Appiications\SUBS120MLonesome Dove sub No. 2 pzf.doc lot line onto another lot except within a drainage easement. I I. 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 final 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 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. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 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. 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. Page 20 of 27 KAPlanning Dcpl\Eagle ApplicationslSUBSU0161Lonesome Dove sub No 2 pzfdoc A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 1 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. is. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee 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 Pathway/Greenbelt Committee 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 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. 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 final 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. 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 Page 21 of 27 KAPlanning Dept\Eagle ApplicationASUBS120161Lonesomc Dove sub No. 2 pzf doc 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 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. 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: I. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (RZ-07-16) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU -DA (Mixed Use with a development agreement) zone and Iand use to the north since the subject property is bordered by East Riverside Drive (collector) and a commercial lot; Page 22 of 27 K TIanning DeptlEaglc ApplicalionsWDS1201611.onesame Dove soh No 2 pzf doe d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU (Mixed Use) zone and land use to the south since that area has been developed with residential homes with comparable density and the proposed development will have less density than previously approved for these lots; e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU (Mixed Use) zone and land use to the east since that area contains the pool and clubhouse associated with the subdivision of which the proposed development is a portion thereof, f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone and land use to the west since the property may be developed with a subdivision with similar density; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant is required to provide the required documentation and applications to address the city's concerns regarding development as conditioned herein; and h. No non -conforming uses are expected to be created with this rezone. 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. What is the proposed time schedule for the development of the site? Provide details regarding phasing if proposed. The proposed time schedule for development of the site is to commence with infrastructure construction in mid -2017 with vertical construction to start in the fall of 2017 or early 2018. The project is anticipated to be built in a single phase. B. Provide documentation to show that you will have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. The property is owned by Taunton Properties LLC, who will develop the lots and Zach Evans Construction Inc. will build the homes within the development. C. Explain why, in your opinion, this proposed PUD would be 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 proposed development will provide a housing type that has proven demand within the city. The proposed development will advance the general welfare of the community and neighborhood since it is designed to be in conformance with the Comprehensive Plan and the previous approval for Lonesome Dove Subdivision Phase II. D. How will 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 will such use not change the essential character of the same area. The subdivision is proposed to be developed in a manner that is harmonious with existing and future uses in the immediate vicinity. The development consists of town homes designed as previously approved by the Council with buffering along Riverside Drive, internal micro paths and Page 23 of 27 K (Planning Dept'.L ogle ApplicationslS IH512016-.Lonesome Dove sc, No. 2 pzf doc connections provided to the overall Lonesome Dove Development and open space areas. E. Explain why this development will not be hazardous or disturbing to existing or future neighborhood uses. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental existing of future neighborhoods. F. Will this development 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? Explain. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by a network of public streets providing for neighborhood connectivity with an internal public road and private alley accesses. G. How will this development 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 either available to the site or will be as conditioned herein, 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 tax revenue generated from the homeowners within the subdivision will offset additional costs to public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District, Republic Services and Eagle Water Company have reviewed the proposed development and indicate that capacity exists to adequately serve this development. H. Explain why this 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 sewer, water or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 1. Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and any other special features in the proposed development. The subdivision is a phase of the overall Lonesome Dove development which includes substantial open space, greenbelt, club house, swimming pool, micro -paths and green space amenities. The applicant is also required to comply with Eagle City Code Title 10, Flood Control in regard to development within the floodplain area. J. Are the vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares? If so explain. Access is to the development is provided via three existing public streets. K. Explain why the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No such features exist at the subject site. L. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. Page 24 of 27 KAPlanning MpAE:ogle App1icotions15UB5120161Lonesomc Dovc sub No 2 pzf.doc The proposed development is in accordance with the Comprehensive Plan since the plan calls for Mixed Use for the overall development with a density for the overall development of 20 units per acre. The subdivision itself is under 16 -dwelling units per acre, and the overall Lonesome Dove Development is approximately 8 -dwelling units per acre with this site included. M. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant requested approval for a development agreement as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include town homes as proposed. N. Describe what deviations from standard district regulations are proposed, and explain how the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies the deviation from the standard district regulations. Town homes are the only use approved for this development. The proposed development is designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned Unit Development Objectives stated therein. In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): O. Identify all public services that would 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. Fire The project is located within the Eagle Fire District and the District has reviewed and approved the plan. Police The project will be served by the Eagle Police Department. Water The project is located within the Eagle Water Company's certificated water service area. Sewer The project is annexed into the Eagle Sewer District and will be designed and constructed to comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads and private streets will be completed by the developer. Upon completion the public roads will be dedicated to ACHD. Maintenance The maintenance of any private open space areas and private driveways will be regulated by the Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of the subdivision are located in the West Ada School District boundaries, who serve the area. Page 25 of 27 K XPlanning Dcp1%Eag1c Applications\SUBS\2016'.Lonesome Dove sun No. 2 pzf doe P. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The public services must be approved at the time of installation and before acceptance by the respective agencies. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. Q. Provide an estimate of the tax revenue that will be generated from the development. The estimated tax revenue generated from the development is approximately $218,960.00/year (without Homeowner's Exemption). R. Provide 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. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP -05-16) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and 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 Eagle Fire 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 26 of 27 KAPlanning Dept\Eagle ApplicalionASUBSUOMLonesome Dove sue No. 2 pzfdoc DATED this 7th day of November, 2016. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho zi&l -q Trent Wright, Chairman ATTEST: Sharon K. �ergma4agle City Ierk r •` OF Eq ' G: so l? R.1 •'� o �. 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