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Findings - CC - 2022 - CU-05-21/PPUD-05-21/PP-07-21 - Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Millstone Farms Subdivision
BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR MILLSTONE FARMS SUBDIVISION ) FOR BRENT THOMPSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-05-21/PPUD-05-21/PP-07-21 The above-entitled conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their action on May 24, 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: Brent Thompson, represented by Tamara Thompson with The Land Group Inc., is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Millstone Farms Subdivision, a 331-lot, 310-unit (244-single-family dwellings, 33-single-family attached dwellings [consisting of 66-dwelling units located on individual lots], 21-common) residential planned unit development. The 89.87-acre site is located at the northwest corner of North Palmer Lane and West Floating Feather Road at 2871 North Palmer Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 1:00 PM, on Saturday, November 7, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 16, 2021. A revised preliminary plat was received by the City of Eagle on May 17, 2021. A second revised preliminary plat was received by the City on October 14, 2021. A third revised preliminary development plan/preliminary plat was received by the City of Eagle on March 11, 2022. Based on the time lapse between the original neighborhood meeting and the submittal of the applications, a second Neighborhood Meeting was held at The Land Group office, 462 East Shore Drive, Suite 100, Eagle, Idaho at 6:00 PM, on Tuesday, March 15, 2022. A revised narrative was received by the City of Eagle on March 31,2022. A revised color concept plan was received by the City of Eagle on April 4,2022. A fourth revised preliminary development plan/preliminary plat was received by the City on April 4, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on April 22, 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 May 6, 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 March 16, 2022. The site was posted in accordance with the Eagle City Code on March 24,2022. Page 1 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 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 May 5, 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 April 8, 2022. The site was posted in accordance with the Eagle City Code on April 27, 2022. D. HISTORY OF REVELANT PREVIOUS ACTIONS: On September 11, 2007, the City Council approved an annexation and rezone from RUT(Rural- Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement), R-2-DA (Residential with a development agreement) (not a part of this site), and R- 4-DA(Residential with a development agreement)for Hormaechea LTD Partnership. On December 13, 2007, the executed development agreement associated with the rezone was recorded(Ada County instrument#107164794). On October 8, 2019, the City Council denied a development agreement modification, conditional use permit, preliminary development plan, and preliminary plat associated with the subject site (RZ-10-07 MOD,CU-01-19, PPUD-01-19,and PP-01-19) E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact MU-DA(Mixed Use Single-family dwelling and Residential, and with a development Agriculture Neighborhood agreement)and R-4-DA Residential (Residential with a development agreement) Proposed No Change No Change Single-Family,Residential Planned Unit Development North of site Compact Residential RUT(Rural-Urban Large agriculture structures Transition—Ada County designation) South of site Neighborhood R-2-DA-P(Residential Proposed Arvory Crest Residential with a development Subdivision and agreement—PUD) Snoqualmie Basin Subdivision East of site Compact Residential RUT(Rural-Urban Vacant property (Proposed and Neighborhood Transition—Ada County Torrente Secco Planned Residential designation)and R-2- Unit Development) DA-P(Residential with a development agreement —PUD) West of site Compact Residential RUT(Rural-Urban Vacant property and and Neighborhood Transition—Ada County Agriculture Residential designation)and R-2- DA-P(Residential with a development agreement —PUD) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—89.87-acres Total Number of Lots—331 Residential—310 Commercial—0 Industrial—0 Common—21 Total Number of Units-313 Single-family(detached)—244 Single-family (attached)—66 Multi-family—0 Page 3 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 3.45-dwelling units/acre 4.9-dwelling units per acre (based on the overall site) (based on overall site pursuant to the executed development agreement) Minimum Lot Size 3,975 square feet(MU) 5,000 square feet(MU) 8,008 square feet(R-4) 8,000 square feet(R-4) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)—pursuant to ECC Section 8-6-6-5(A). The applicant has provided 5.86- acres of offsetting increase of open space. Minimum Lot Width 35-feet(MU) 50-feet(minimum)(MU) 70-feet(R-4) 70-feet(minimum)(R-4) Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 23.83-acres 17.97-acres Open Space Percent of Site as Common Area 26.5% 20%(minimum)(The Open Space required open space inclusive of the offsetting increase in open space did not exceed 20%) 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. Percent of Common Area Open 44%(10.5-acres) 15%(minimum)(2.69- Space as Active Open Space acres) Page 4 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing 50-foot-wide landscaped buffer along West Floating Feather Road and a 35-foot-wide landscaped buffer along North Palmer Lane adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance with Eagle City Code Section 8-2A-7(J)(4). Common Area Open Space: A total of 23.83-acres (26.5%) of open space is proposed within the subdivision. The common area open space consists of the required buffer areas along North Palmer Lane and West Floating Feather Road, three (3) large centralized areas (consisting of 10.5-acres), and several smaller common areas located between the intersections and the adjacent buildable lots. The applicant is proposing pathways, pool and restroom, community garden beds, public plaza area with shade trees, children's playground, and various sports courts within the larger common area open space lots. The sports courts will include bocce ball,tennis, pickleball, and a basketball half-court. 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 graded so all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Plat note #8 of the preliminary development plan/preliminary plat, date stamped by the City on April 4, 2022, indicates all lots will have a 12-foot-wide public utilities, irrigation, and drainage easement adjacent to any public street. Plat note #9 of the preliminary development plan/preliminary plat indicates there will be a 5-foot-wide public utilities, irrigation, and drainage easement adjacent to any interior side lot line and a 12-foot-wide public utilities, irrigation, and utilities easement adjacent to any rear lot line. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Middleton Rural Fire District/Star Fire Protection District. On-site Septic System: The existing residential dwelling located in proximity to the northeast corner of the property is served by a septic system. The septic system will be abandoned during construction of the subdivision. Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. Page 5 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doc J. STREET DESIGN: Public Streets: The public streets will be constructed based on the Preliminary Plat Roadway Sections shown on page 1.50 of the Preliminary Development Plan/Preliminary Plat, date stamped by the City on April 4, 2022. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None Cul-de-sac Design: One(1)cul-de-sac is proposed: Millstone Avenue: 270-feet in length, 52-foot radius Sidewalks: The street section shown on the preliminary plat,date stamped by the City on April 4,2022, show detached 5-foot-wide sidewalks (separated by an 8-foot-wide adjacent planter strip)on both sides of the internal streets. The sidewalks are located within six feet (6') of the buildable lot area located adjacent to the public right-of-way. The street sections for West Floating Feather Road and North Palmer Lane show a 10-foot-wide detached meandering sidewalk located adjacent to the roadway. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets and Palmer Lane. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN CIRCULATION: See the Trails and Pathways Superintendent's memo dated March 18, 2022 (attached to the staff report). L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by the City of Eagle Municipal Water System. The Eagle Sewer District provided an email which indicated the property is annexed into the District. The property will be served by a sewer line located adjacent to West Floating Feather Road. Page 6 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doe O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required Q. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. City Engineer: All comments within the engineer's letter dated February 22, 2022, are of special concern(attached to the staff report). City of Eagle Water Superintendent: All comments within the City Water Department's memo dated March 17, 2022,are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated March 18, 2022, are of special concern (attached to the staff report). Ada County Highway District Central District Health Department Communities in Motion 2040 2.0 Development Review(COMPASS) Department of Environmental Quality Eagle Sewer District Idaho Transportation Department Middleton Rural Fire District/Star Fire Protection District West Ada School District R. LETTERS FROM THE PUBLIC:None received to date. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant's narrative, date stamped by the City on March 31, 2022, indicates the project is planned to be developed in 3-phases. Full buildout is anticipated in approximately 5-years. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. Page 7 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating fifty(50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. Page 8 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Fauns Sub ccf doc THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The densities associated with the project were based on the Eagle 2007 Comprehensive Plan. A Condition of Development of the executed development agreement (Ada County instrument #107164794)states that the property may be developed based on the comprehensive plan that was in effect at the time the development agreement was recorded. The following information shows the history of the site based on the comprehensive plan in effect of the time and the basis of the approved densities as well as the maximum number of residential units which may be approved based on the 2017 Eagle is Home Comprehensive Plan. Eagle 2007 Comprehensive Plan (adopted February 2007) 2007 COMP PLAN Densities: Village Center: 80 Acres @ 10 units/acre=800 units Residential Four: 85acres @ 4 units/acre=340 units Residential Two:207 acre @ 2 units/acre=414 units Village Subtotal: 1,554 r � Center 10%PUD Bonus: 155 'esid ntial Four Total Development Potential: 1,709 units (Residential Two J ; ---- I i 50% of non-buildable school site counts as open space Page 9 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings'Millstone Farms Sub ccf doc 2007 Conceptual Plan within DA: 1,334 Residential units 49 acres of Mixed use(non-residential) (490 units deducted) 37.2 acres of open space(10%) IH(ORMAECHEAI (rh(EPiUAI t��'ll 'SE try' LJ F10,Bir 11/20/2007 Approved by Eagle City Council 2007 Approval&DA Standards 1,824 units Max(4.9units/acre) 132 acres at 2 units/acre=264 units 140 acres at 4 units/acre= 560 units 100 acres at 10 units/acre= 1000 units (Each acre of mixed use not used as residential; 10 units are deducted from the total unit count) 10% Open Space 50% of non-buildable school site counts as open space Millstone Farms Subdivision is proposed with the following: 311 units(3.46 units/acre) 23.22 acres at 10 units/acre— 124 units(5.34 units/acre)(proposed) 66.65-acres at 4 units/acre— 187 units(2.81 units/acre)(proposed) Page 10 of 32 K'\Planning Dept\Eagle Applications\Preliminary Development Plans\202 I\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 2017 Eagle is Home Plan (adopted November 2017) '4. 4. . . . . . . . . . V llage Center ,. .,.. ,. . .. 1 I 2017 Eagle is Home Densities: Compact 1Residen,ial 1 Compact Res.:4 acres @ 8 units/acre=32 units Neighborhood Res: 85.8 acres @ 2 units/acre= Neighborhood l�sident'al!Neighborhood I Total Development Potential: 203 1 C I - units —..111 a'" ''. • ., sea • P . 1 a r. A .. . . ... •• •.. ...0. • I t • r -,'• , B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-3: Schedule of District Use Regulations: States in part that Single-Family Dwellings (New) and Single-Family Attached Dwellings requires approval of a conditional use permit within the MU(Mixed Use)zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: —r— Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area Zoning Maximum (Acres Or Minimum District Maximum Front i Rear j Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-4 35' 20' 25' 7.5' 20' 40% 18,000 I 70' MU 35' 20' 20' 7.5' 20' ' 50% 5,000 50' . Aimosi. • Eagle City Code Section 8-2A-7(J)(4)(a& b): Landscape and Buffer Area Requirements: 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, provided that not more than fifty percent(50%)of the shade trees are substituted. Page 11 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 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. b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of fifty feet(50') 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: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum 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. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development(PUD)so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if 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. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent(10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; Page 12 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 l\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL(Eagle City Code in effect at the time of submittal of the application): • Eagle City Code Section 9-1-6: Rules and Definitions: A subdivision,the size of which consists of fifty (50)or more lots or dwelling units. • Eagle City Code Section 9-2-3: Preliminary Plat: C. Required Information and Data: 3. The following shall be submitted separately: h. The land use and existing zoning of the proposed subdivision and the adjacent land; j. Lot lines and blocks showing the dimensions and numbers of each; m. Any proposed or existing utilities, including,but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts,water mains, fire hydrants and their respective profiles; • Eagle City Code Section 9-3-2 Streets and Alleys: Section 9-3-2-1: 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 9-4-1-5: Streetlights: Unless determined otherwise by the City Council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods,compliance with the comprehensive plan and trails and pathways master plan pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. B. Location: 1. The city shall require the creation and maintenance of pathways(except in cases where it is shown to be inappropriate),that provide access to adjacent: Page 13 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc a. Schools; b. Public parks; c. Adopted pathway elements within the comprehensive plan trails and pathways master plan; d. Neighborhoods; e. Shopping areas; f. Public lands; g. Transportation or other community facilities, and vacant parcels,held either publicly or privately which could provide future neighborhood connection(s)to the above noted sites; and h. In similar cases where deemed appropriate. 2. In addition,pathways may be required to connect sites other than those noted above: a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated arterial roadway, or other roadway that may be hazardous for nonmotorized forms of travel, in order to reach the desired destination,or b. When the pedestrian/cyclist would otherwise have to travel a distance of more than one-half(1/2)mile alongside a local or collector roadway in order to reach the desired destination. C. Existing Neighborhoods: The placement of a path will be based upon consideration of current residents of a neighborhood as well as future residents. Based upon the following,the city may choose to provide a pathway in existing neighborhoods when: 1. The pathway would provide access to a major pathway element such as the Boise River greenbelt. 2. The pathway would provide access to a nearby school or park. 3. A substantial lack of motorized access exists in the given area. 4. No alternative pathway is provided. 5. The pathway connects to adjacent subdivision pathways. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 9-4-1-10: Storm Drainage;Flood Controls: A. Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm water runoff from the public rights of way shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the Ada County highway district and/or the Idaho transportation department, and construction shall follow the specifications and procedures established by said Ada County highway district or Idaho transportation department. • Eagle City Code Section 9-5-4: Planned Unit Development Subdivisions: A planned unit development is a mechanism by which the city may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A Page 14 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans 12021\Millstone Farms SublFindings\Millstone Farms Sub ccf.doc planned unit development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy and efficient utilization of open space. Large scale developments as defined herein shall be submitted as planned unit developments. • Eagle City Code Section 9-5-4-2: Site Development Plan: The developer shall provide a colored rendering to adequate scale to show the completed development that will include at least the following: A. Architectural style and building design; B. Building materials and color; C. Landscaping, including existing trees; D. Screening; E. Garbage areas; F. Parking; G. Open space; and H. Open fencing. • Eagle City Code Section 9-5-5: Large Scale Development Subdivisions; Required Information: Large scale development subdivisions shall be submitted as planned unit developments. Due to the impact that a large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat: C. Estimate of the tax revenue that will be generated from the development; and D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL (Based on the development agreement (executed December 7, 2007),Ada County instrument#107164794): The development agreement associated with the property includes properties located on both sides of West Palmer Lane. The subject property is located on the west side of West Palmer Lane. 1.3 Development of the Property shall comply with Eagle's Comprehensive Plan and City Code as in effect at the time this Agreement is recorded, provided that Applicant may, at its sole discretion,request to use the current version of the Eagle City Code at the time of platting. 1.4 Development of the Property shall comprise two primary elements: residential development and mixed use development, as described below: 1.4.1 Residential Development 1.4.1.1 Up to 1,824 dwelling units may be developed on the Property which is an equivalent gross density of 4.9 residential dwelling units per acre. 1.4.1.2 Residential development on the Property shall include 132 acres of Residential Two(R-2), 140 acres of Residential Four(R-4), and 100 acres of Mixed Use (MU). 1.4.1.3 The Residential densities illustrated in the conceptual plan are maximums. The maximum density within the R-2 zone is two(2)units per acre and the maximum density within the R-4 zone is four(4)units per acre. Page 15 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doe 1.4.2 Mixed Use Development 1.4.2.1 Mixed Use land uses shall be limited to 26.8% of the Property. The Property shall be developed in compliance with the Eagle City Code and Eagle's Comprehensive Plan as adopted at the time this Agreement is recorded, except as otherwise provided in Section 1.3 of this Agreement. 1.6 Prior to issuance of any building permits, Applicants shall provide proof of adequate sewer service to the proposed residences and commercial uses, by causing a letter of approval to be provided to Eagle from the Eagle Sewer District. 1.11 Except as otherwise expressly provided in this Agreement, the Property can be developed in accordance with the Eagle City Code in effect on the date this Agreement is recorded, provided that if the permitted uses for the R(Residential District) and the MU (Mixed Use District) are expanded, such expanded uses shall be allowed under this Agreement. E. DISCUSSION (based on the preliminary development plan/preliminary plat, date stamped by the City on April 4, 2022, and the executed development agreement, (executed December 7, 2007, Ada County Instrument#107164794): • The subject site is a portion of the property associated with the executed development agreement. Pursuant to the executed development agreement associated with the subject property, the property was annexed and rezoned to MU-DA (Mixed Use with a development agreement) consisting of 23.22-acres and R-4-DA (Residential with a development agreement) consisting of 66.65-acres. Based on the acreage associated with the two (2) zoning designations and the executed development agreement, the allowable number of dwelling units within the property is 498. The applicant is proposing a total of 310-dwelling units with a gross density of 3.45- dwelling units per acre. The applicant is proposing to develop the site with single-family detached dwellings and single- family attached dwellings consisting of two (2) dwelling units attached to one another by a common wall with each dwelling located on a separate lot. The applicant is proposing 66-single- family attached dwelling units which will be located within the area zoned MU-DA (Mixed Use with a development agreement). Pursuant to Eagle City Code Section 8-2-3, single-family dwellings (new) and single-family attached dwellings require a conditional use permit within the MU (Mixed Use) zoning designation. Based on the executed development agreement(instrument #107164794) recognizing the residential uses within the MU (Mixed Use) as permitted uses, the residential dwellings continue to be permitted uses. • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line(STL) fee is to be provided at the time of preliminary and final plat applications. The amount of the STL fee is $2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential buildable lot. The applicant has submitted a storage trunk line deferral request, dated January 9, 2020, to the City of Eagle Water Department. The request is to delay paying the required STL fee until submittal of a final plat application. The preliminary plat STL fees to be paid for the subject subdivision is based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 310-lots, the total STL fee required for the subdivision is $651,000.00 (based on the revised preliminary development plan/preliminary plat). The STL fee required at the time of preliminary plat is $235,035.14. The applicant received approval from the City of Eagle Water Department (of the waiver request) on March 17, 2022. The applicant should be required to pay the required $234,657.60 with the remaining portion of the $651,000.00 to be paid at the rate of ($2,100.00 minus $756.96 [Preliminary Plat Fee per lot]) x Lots in Final Plat or$1,343.04 x Lots in Final Plat at the time of submittal of final development plan and final plat applications. Page 16 of 32 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc • The applicant has provided architectural elevations showing the styles of homes to be constructed within the development. If the conditional use permit, preliminary development plan, and preliminary plat are approved the architectural elevations will be included as an exhibit to the findings of fact and conclusions of law. The applicant should establish an Architectural Control Committee (ACC) as a component to the CC&Rs. The submittal of a building permit application to the city for each structure within the development should be accompanied by an approval letter from the ACC. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed setbacks as shown below and on page PP1.00 of the preliminary development plan/preliminary plat reflects the following maximum building height, minimum setbacks, maximum lot coverage, and minimum lot width, and setbacks for the two (2) zones districts located within the property: R-4-DA Zoning District: Minimum Lot Size 8,000-square feet Maximum Lot Coverage 40% Minimum Lot Width 70-feet Setbacks: Front 20-feet Rear 25-feet Side 5-feet Street Side 20-feet MU-DA Zoning District: Minimum Lot Size 3,975-square feet Maximum Lot Coverage 50% Minimum Lot Width 35-feet Setbacks: Front 20-feet(Garage) Rear 20-feet Side 5-feet Street Side 20-feet Eagle City Code Section 8-2-4(A)(4) states: A single-family dwelling 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 in no less than 15-feet within the MU zoning district. Eagle City Code Section 8-2-4(G) states: All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The following comments are specific to the R-4-DA(Residential with a development agreement)area: The detached sidewalks five-foot(5')sidewalks are located within the buildable lots one foot(1') from the front property line. The front setback for front load garages should be minimum of 31- feet from the back of sidewalk to allow for vehicles to be parked in front of the garage without encroaching into the sidewalk. The applicant is not proposing an additional side yard setback for two-story structures. Staff recommends the side yard setback be 5-feet (Pt story) plus an additional 5-feet for two-story structures. Page 17 of 32 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doc The following comments are specific to the MU-DA(Mixed Use with a development agreement area: The detached sidewalks five-foot (5') wide sidewalks are located within the buildable lots one foot (1') from the front property line. The front setback for front load garages should be minimum of 31-feet from the back of sidewalk to allow for vehicles to be parked in front of the garage without encroaching into the sidewalk. Also, based on the width of the lots and the proposed side yard setback of 5-feet, the single-family detached and single-family attached residential dwellings should not exceed single-story(25-feet maximum height). It is staffs opinion(based on the sizes and widths of the proposed lots)the setbacks should be as follows: R-4-DA Zoning District: Minimum Lot Size 8,000-square feet Maximum Lot Coverage 40% Minimum Lot Width 70-feet Setbacks: Front 31-feet(Garage) 26-feet(Side Entry Garage) 20-feet(Living) Rear 25-feet Side 5-feet(first story) 5-feet(each additional story) Street Side 20-feet MU-DA Zoning District: Minimum Lot Size 3,975-square feet Maximum Lot Coverage 50% Minimum Lot Width 35-feet Setbacks: Front 31-feet(Garage) 26-feet(Side Entry Garage) 20-feet(Living) Rear 20-feet Interior Side(common walls) 0-feet Exterior Side 5-feet Street Side 20-feet • The applicant's narrative, date stamped by the City on March 31, 2022, indicates that the common lot open space areas will contain sports courts, swimming pool with restroom facility, natural and paved pathways, nature play areas, children's playground, bocce ball court, tennis courts, pickleball courts, and a basketball half-court. The preliminary plat landscape plan overview, date stamped by the City on April 16, 2021, identifies the locations of the amenities. The applicant should be required to construct all the amenities as identified within the provided narrative, date stamped by the City on March 31, 2022, and shown on the preliminary plat landscape plan overview, date stamped by the City on April 16, 2021. The amenities should be constructed with the associated subdivision phase (as shown on the preliminary plat) prior to the City Clerk signing the final plat. • The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed pathways associated with the development. The Trails and Pathways Superintendent provided a memo dated March 18, 2022, with the PPRC pathway recommendations. The applicant should be required to comply with the site specific conditions as outlined in the Trails and Pathways Page 18 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc Superintendent's memo, dated March 18, 2022. The required pathways should be completed with the associated subdivision phase prior to the City Clerk signing the final plat. Also, the applicant should be required to provide a revised preliminary development plan/preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Trails and Pathways Superintendent's memo dated March 18, 2022. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat shows a proposed 10-foot-wide meandering sidewalk located within the required 35-foot-wide buffer area adjacent to North Palmer Lane and within the required 50-foot-wide buffer area adjacent to West Floating Feather Road. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a& b) 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. Based on the proposed location of the 10-foot-wide sidewalk there is not adequate space to allow for the construction of required five foot(5') high, maximum eight foot(8') high, berm and allow room for the 10-foot-wide sidewalk. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing the 10-foot- wide detached sidewalk located within the common lots relocated outside of the area where the required berms will need to be constructed. The revised preliminary development plan/preliminary plat should be provided prior to submittal of a design review application. • The preliminary development plan/preliminary plat does not identify the existing zoning of the subject property, nor does it provide the existing zoning of the land located adjacent to the proposed subdivision. Pursuant to Eagle City Code Section 9-2-3(C)(3)(h), the land use and existing zoning of the proposed subdivision and the adjacent land is required to be shown on the preliminary plat. The applicant should be required to provide a revised preliminary development plan/preliminary plat that identifies the current zoning designations of the subject property and the properties located adjacent to the proposed subdivision. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat shows the area to be developed identified in three (3) separate areas. The separate areas are shown on subsequent pages of the preliminary development plan/preliminary plat. There are large lots which are shown to be located on more than one (1) page of the preliminary development plan/preliminary plat, however, the lot and block numbers of those lots is not identified on all pages. Pursuant to Eagle City Code Section 9- 2-3(C)(3)(j), lot lines and blocks showing the dimensions of and numbers of each is required. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing the lot and block numbers of all lots on all pages of the preliminary development plan/preliminary plat. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat identifies several locations where proposed storm drain seepage beds will be located. The storm drain seepage bed locations consist of common lots located adjacent to proposed streets, a portion of the required buffer area along North Palmer Lane, and planter strip locations. The preliminary development plan/preliminary plat does not identify any storm drain seepage beds located within Area 3, which is substantially lower than the remainder of the site. The applicant has not provided information regarding the style of seepage beds being proposed. The applicant should be required to provide a revised Page 19 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doc preliminary development plan/preliminary plat showing proposed locations of the storm drain seepage beds (inclusive of cross sections) within all phases of the proposed subdivision. The revised preliminary development plan/preliminary plat should be provided prior to submittal of a design review application. • The legend on page PP1.00 of the preliminary development plan/preliminary plat shows a symbol associated with proposed streetlight locations. However, the pages showing the mapping of the proposed preliminary development plan/preliminary plat do not show locations of any proposed streetlights. Pursuant to Eagle City Code Section 9-4-1-5, as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing locations of all proposed streetlights prior to submittal of a design review application. • The site contains an overhead power line which serves structures located in proximity to the northeast corner of the property. Pursuant to Eagle City Code Section 9-4-1-8, utilities are required to be located underground. The applicant should be required to remove the overhead power located at the northeast corner of the property prior the City Clerk signing the first final plat. • Plat note #9 identifies the common lots of the development, responsibility of maintenance of the common lots, and blanket public utilities, irrigation, and drainage easements. The plat note does not state that driveways are prohibited across all common lots. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #9 revised to include language prohibiting driveways across all common lots. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #11 of the preliminary development plan/preliminary plat states, "Pressure irrigation system to be provided. The system will be owned and maintained by the homeowner's association. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #11 revised to states, "Irrigation water has been provided by in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Homeowner's Association, or its assigns." The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary development plan/preliminary plat does not contain any plat notes addressing the covenants, conditions, and restriction (CC&Rs). Also, the preliminary development plan/preliminary plat does not contain any plat notes which will provide a placeholder to reference ACHD license agreements. The applicant should be required to provide a revised preliminary development plan/preliminary plat with two (2) new plat notes addressing the CC&Rs and a placeholder for ACHD license agreements. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan and final plat applications. Page 20 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc The "Fencing Plan" date stamped by the City on April 16, 2021, identifies two (2) styles of proposed fencing within the subdivision. The "Fencing Plan" also identifies the location of the proposed fencing. The example shown on the "Fencing Plan" is not open style fencing. Pursuant to Eagle City Code Section 9-3-10,any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. The applicant should be required to provide a revised "Fencing Plan" showing examples of all proposed fencing. All 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. The revised"Fencing Plan" should be provided prior to submittal of a design review application. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their consideration on April 4, 2022. The applications were continued to April 18, 2022, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The proposed subdivision is designed in conformance with the executed development agreement. • The applicant is in agreement with the staff recommended conditions of approval. COMMISSION DECISION: The Commission voted 4 to 1 (McLaughlin against) to recommend approval of CU-05-21/PPUD-05- 21/PP-07-21 for a conditional use permit, preliminary development plan, and preliminary plat for Millstone Farms Subdivision, with the site specific conditions of approval and standard conditions of approval as provided within the Commission's findings of facts and conclusions of law document, dated May 2, 2022. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the Eagle City Council on April 26, 2022, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (other than the applicant and representative) who indicated that this subdivision provides a diversity of lot sizing and residential product which is referenced within the comprehensive plan and needed within the city. C. Oral testimony in opposition to the applications was presented to the City Council by no one. D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City Council by one (1) individual who inquired if the intersection of North Palmer Lane and State Highway 44 is scheduled to be signalized. Page 21 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doc COUNCIL DECISION: The Council voted 4 to 0 to approve CU-05-21/PPUD-05-21/PP-05-21 for a conditional use permit, preliminary development plan, and preliminary plat for Millstone Farms Subdivision (Exhibit"A"), with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-10-07. 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 upon receipt of an invoice by the city or prior to the City Clerk signing the final plat, whichever occurs first. 4. The applicant shall pay the required $235,035.14 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final development plan and final plat applications. (Resolution No. 08-09) 5. Provide a revised "Fencing Plan" showing examples of all proposed fencing. All 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 Eagle City Code Section 8- 2A-7 (J). The revised "Fencing Plan" should be provided prior to submittal of a design review application. 6. The required setbacks shall be as follows: R-4-DA Zoning District: Minimum Lot Size 8,000-square feet Maximum Lot Coverage 40% Minimum Lot Width 70-feet Setbacks: Front 31-feet(Garage) 26-feet(Side Entry Garage) 20-feet(Living) Rear 25-feet Side 5-feet(first story) 5-feet(each additional story) Street Side 20-feet MU-DA Zoning District: Minimum Lot Size 3,975-square feet Maximum Lot Coverage 50% Minimum Lot Width 35-feet Setbacks: Front 31-feet(Garage) 26-feet(Side Entry Garage) 20-feet(Living) Rear 20-feet Interior Side(common walls) 0-feet Exterior Side 5-feet Street Side 20-feet Page 22 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Millstone Farms SubWindings\Millstone Farms Sub ccf.doc 7. The applicant shall construct all the amenities as identified within the provided narrative and shown on the preliminary plat landscape plan overview, date stamped by the City on March 31, 2022. The amenities shall be constructed with the associated subdivision phase (as shown on the preliminary plat)prior to the City Clerk signing the final plat. 8. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and Recreation Commission Pathway Recommendations memo, dated March 18, 2022. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat. 9. Provide a revised preliminary development plan/preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Trails and Pathways Superintendent's memo dated March 18, 2022. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 10. Provide a revised preliminary development plan/preliminary plat showing the 10-foot-wide detached sidewalk located within the common lots relocated outside of the area where the required berms will need to be constructed. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. 11. Provide a revised preliminary development plan/preliminary plat that identifies the current zoning designations of the subject property and the properties located adjacent to the proposed subdivision. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary development plan/preliminary plat showing the lot and block numbers of all lots on all pages of the preliminary development plan/preliminary plat. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 13. Provide a revised preliminary development plan/preliminary plat showing proposed locations of the storm drain seepage beds (inclusive of cross sections) within all phases of the proposed subdivision. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. 14. Provide a revised preliminary development plan/preliminary plat showing locations of all proposed streetlights prior to submittal of a design review application. the City Clerk signing the first final plat. The applicant shall remove the overhead power located at the northeast corner of the property prior to the City Clerk signing the final plat associated with the phase of the development where the overhead power is located. 16. Provide a revised preliminary development plan/preliminary plat with plat note #9 revised to include language prohibiting driveways across all common lots. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 17. Provide a revised preliminary development plan/preliminary plat with plat note #11 revised to states, "Irrigation water has been provided by in compliance with Idaho Code Section 31- 3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Homeowner's Association, or its assigns." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final Page 23 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doe development plan and final plat applications. 18. Provide a revised preliminary development plan/preliminary plat with a new plat note which states, "This development is subject to Covenants, Conditions, and Restrictions(Instrument No. ). The restrictive covenants associated with the common areas, pressurized irrigation, and fencing cannot be modified and the Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 19. Provide a revised preliminary development plan/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 development plan/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 20. 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. 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. 21. All living trees 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. 22. Provide documentation from the subdivision contractor indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 23. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on-site. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 24. The single-family dwellings and two-family attached dwellings shall be constructed in substantial conformance with the architectural styles shown on Exhibit"B"(attached and incorporated herein by reference). The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision 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 final plat application for phase one. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. Page 24 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc To assure compliance with the PUD conditions of approval herein,the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements established herein. 25. Millstone Farm Subdivision shall remain under the control of one Homeowners Association. 26. 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. 27. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, 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 the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. 28. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan/final plat applications. 29. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Millstone Farms Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 30. The applicant shall provide a revised preliminary development plan/preliminary plat showing a dog park area incorporated into the common area open space. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans to explain why plans may not be necessary. 4 Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Page 25 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity,or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, Page 26 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 16. An approval letter from the Middleton Rural Fire District/Star Fire Protection District 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 Middleton Rural Fire District/Star Fire Protection District 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 Middleton Rural Fire District/Star Fire Protection District 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 Middleton Rural Fire District/Star Fire Protection District prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Middleton Rural Fire District/Star Fire Protection District prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area, or pathway area located along the Boise River, Dry Creek or any other area identified within "The City of Eagle Pathways & Trails Plan" for a path or walkway shall be reviewed and approved by the Eagle City Parks and Pathway Development Commission prior to submittal of a design review application. Page 27 of 32 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.dot 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the 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. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. Page 28 of 32 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doe 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-05-21/PPUD-05-21/PP-07-21) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Millstone Farms Subdivision has been proposed for development in conformance with the requirements of Eagle City Code and in conformance with the executed development agreement associated with the site. The contribution to the economic welfare of the Eagle community will be enhanced by the proposed development improvements and recreational amenities;and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Millstone Farms Subdivision is designed to be harmonious with the adjacent proposed developments and is in conformance with the executed development agreement associated with the site;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Millstone Farms Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise,smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Millstone Farms Subdivision will be served by West Floating Feather Road(minor arterial),North Palmer Lane(collector), and an internal street network; and Page 29 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202 I\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Millstone Farms Subdivision will be served by West Floating Feather Road (minor arterial) and North Palmer Lane (collector). All central services (including police and fire protection) are available or may be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 23.83-acres (26.5%) of open space. The common lots will include three (3) large centralized areas (consisting of 10.5-acres), and several smaller common areas located between the intersections and the adjacent buildable lots. The open space areas will include pathways, pool and restroom, community garden beds, public plaza area with shade trees, children's playground, and various sports courts. The sports courts will include bocce ball,tennis,pickleball, and a basketball half-court; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent undeveloped parcels to the north and west which will provide intra-neighborhood connectivity. Access to the development will be provided from West Floating Feather Road and North Palmer Lane. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site was previously utilized for agricultures uses; therefore, no scenic or historic features of major importance exist on site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. Condition of Development#1.3 of the executed development agreement(Ada County instrument #107164794) required that development of the property shall be in conformance with the City of Eagle's comprehensive plan in effect at the time the development agreement was recorded. The proposed development is in conformance with the comprehensive plan in effect at the time of execution of the development agreement; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. The applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to Page 30 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf doc submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and I. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating fifty (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Middleton Rural Fire District/Star Fire Protection District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. The Eagle Sewer District had a regional sewer lift station located near the proposed development. Prior to the developer installing the required sewer infrastructure, the developer will be required to comply with the Eagle Sewer District's requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 26.5% of open space. Of the 26.5% of open space 44% (10.5-acres) will be active open space. The applicant is required to provide a pool and restroom, community garden beds, public plaza area with shade trees, children's playground, and various sports courts which will provide the residents living within the development recreational opportunities. Pathways will provide the public safe and efficient ways to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Millstone Farms Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Millstone Farms Subdivision is located within the West Ada School District boundaries. Page 31 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately $88,930.00/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 14th day of June, 2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Nam, J. on P erce, .yor •••,,••,•,,,,,,,,,, ZEST: Gv Tracy E. •:s o� f :: \ , agle City C194 I 4417 ;' * S`` Page 32 of 32 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Millstone Farms Sub\Findings\Millstone Farms Sub ccf.doc 9lssw a'IM3 ,'. =a= EXHIBIT "A11A=ANILYZ 9 a !_' O Wei }eld Aaeulwilaad/ueld 1uawdolanaO 1(aeulwllaad i 1 1 ;;94 8 i o a MAI uoisinipgns wed auo4sllM ! & I;1` a 9 QG [ ! a aaa y'G x-' � +!�I'a HIP !y ll i ! il 1! 13lii1 a51 i ;In ilii4ii E 9 b IP .. .. E is e r 4EE EaI$pIap rli I`ye_ ! All E e lg- G @ g 11 10 a li 4lGYSd:ia 14 ; s1§ 6 'lgi g : $ 11`4@i4 = 5. . s p a r�k� a i" 5 iG ay+� xl le 2 4 g 1I G ; � 15es Ii I� Y ill ' Eei e3 1 ig �� �I � _ ��F1�>fI� iEg '�� Ag G� q g 9e_[` 5 ; Y Y Y a a � �_ Y Y Y xa� R ' i a 1. x I I l!si s IH g ar t o I l s1aS: s a .a ic. 3 3 a 3 ! 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