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Findings - PZ - 2017 - RZ-16-16/PP-10-16 - Rezone From Mu To Mu-Da/Preliminary PlatBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE FROM MU [MIXED USE] TO MU -DA [MIXED USE WITH A DEVELOPMENT AGREEMENT [IN LIEU OF A CONDITIONAL USE PERMIT] AND PRELIMINARY PLAT FOR LARKIN VILLAGE SUBDIVISION FOR PARADIGM CONSTRUCTION — JIM LARKIN FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-16-16/PP-10-16 The above -entitled rezone with a development agreement (in lieu of a conditional use permit) and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on February 6, 2017, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Paradigm Construction — Jim Larkin, represented by Joe Pachner with KM Engineering, LLP, is requesting a rezone from MU (Mixed Use) to MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) and preliminary plat approvals for Larkin Village Subdivision, a 17 -lot (11 residential, 1 commercial, 4 common, and 1 private street) subdivision. The 1.55 -acre site is located on the south side of East State Street approximately 115 -feet east of South Golden Eagle Lane at 1301 East State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Buster's Bar and Grill, 1396 East State Street, Eagle, Idaho 83616, at 6:00 PM, Thursday, September 22, 2016, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on December 22, 2016. A revised preliminary plat was submitted on January 6, 2017. A revised narrative and second revised preliminary plat were submitted on January 9, 2017. A third revised preliminary plat was submitted on January 31, 2017. C. NOTICE OF PUBLIC HEARING: 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 January 16, 2017. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 27, 2016. Requests for agencies' reviews were transmitted on December 27, 2016, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 20, 2017. D. HISTORY OF PREVIOUS ACTIONS: N/A E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 26 KAPlanning Dept\Eagle Applications\SUBS120161.arkin Village Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed North of site South of site East of site West of site COMP PLAN DESIGNATION Mixed Use No Change Downtown Downtown Downtown Downtown ZONING DESIGNATION MU (Mixed Use) MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) C-1 (Neighborhood Business District) MU (Mixed Use) MU (Mixed Use) MU (Mixed Use) LAND USE Vacant lots Single-family residential and commercial subdivision Commercial building (Escuela Subdivision) Commercial subdivision (Merrill Subdivision No. 2) Single-family residence and commercial Daycare and residential subdivision (Pacific Heights Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA. H. SITE DATA: Total Acreage of Site — 1.55 -acres Total Number of Lots — 17 Total Number of Units —11 Residential —11 Commercial —1 Industrial — 0 Common — 5 Single-family — 11 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 26 KAPlanning Dept\Eagle Applications\SUBS\2016\Larkin Village Sub pzf doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 7.91 -dwelling units per acre (minus the commercial lot [Lot 2, Block 1]) 7.91 -dwelling units per acre (limited pursuant to the development agreement) Minimum Lot Size 2,568 -square feet* 5,000 -square feet Minimum Lot Width 29.27 -feet* 50 -feet Minimum Street Frontage 29.27 -feet* 35 -feet Total Acreage of Common Area 0.297 -acres** 0.72 -acres Percent of Site as Common Area 19.3%** 51.8% * Pursuant to Idaho Code Section §67-6512(f), exceptions or waivers of standards, other than use, inclusive of the subject matter addressed by Idaho Code Section §67-6512(f), in a zoning ordinance may be permitted through the issuance of a conditional use permit. In this case a development agreement is being utilized in lieu of a conditional use permit. ** Not inclusive of private street area I. GENERAL SITE DESIGN FEATURES: Open Space: A total of 0.29 -acres of open space is proposed within the subdivision. The common areas are comprised of a common lot located adjacent to East State Street (Lot 1, Block 1), a common lot separating the commercial lot from the residential lots (Lot 3, Block 1), a common lot buffering a turnaround hammerhead from the adjacent subdivision (Pacific Heights Subdivision) located west of the development (Lot 7, Block 1) and a common lot located adjacent to the southern property line and providing a buffer to Pacific Heights Subdivision (Lot 14, Block 1). The remaining common lot contains the private street and two (2) hammerhead turnarounds (lot 17, Block 1). Lot 17, Block 1, is also proposed to contain an attached thickened edge sidewalk located adjacent to the east side of the private street (South Academy Lane). Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Plat note #1 and plat note #2 of the preliminary plat, date stamped by the city on January 9, 2017, indicate a 10 -foot wide easement for public utilities, pressurized irrigation, drainage, etc., is located adjacent to the front and rear property lines. Plat note #3 indicates there are no easements located adjacent to the side property lines. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. Page 3 of 26 K\Planning Dept\Eagle Applications\ SUBS\2016\Larkin Village Sub pzf doc On-site Septic System (yes or no): No Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The site has mature trees located in proximity to the existing home located on the northern portion of the site. 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. J. STREET DESIGN: Private Street: The preliminary plat, date stamped by the city on January 31, 2017, shows a private street section with two (2) ten foot (10') wide travel lanes with a five foot (5') wide permeable concrete gutter separating the lanes. The street section also shows a one foot (1') wide ribbon curb on one side of the street and an attached 5.5 -foot wide thickened edge sidewalk located on the opposite side of the street. Blocks Less Than 500': None Cul-de-sac Design: None proposed Sidewalks: The applicant is proposing South Academy Lane with an attached 5.5 -foot wide sidewalk located on the east side of the street. Curbs and Gutters: The private street section does not show any curbs or gutters located adjacent to the street. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under "Open Space" and "Sidewalks" above.) Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. Page 4 of 26 K:\Planning Dept\Eagle Applications\SUBSU016\Larkin Village Sub pzfdoc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — located in proximity to existing residence and adjacent to East State Street. Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — No O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: Q. The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer' s letter dated January 17, 2017, are of special concern (attached to the staff report). Ada County Highway District Central District Health Department COMPASS (Communities in Motion) Eagle Fire Department Idaho Transportation Department Republic Services Tesoro Logistics NW Pipeline LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from George Ruppel, date stamped by the city on January 25, 2017. Correspondence received from the Pacific Heights Subdivision/Homestead homeowners and residents (43 signatures), date stamped by the city on January 30, 2017. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. Page 5 of 26 K:\Planning Dept \Eagle Applications\SUBS\20161Larkin Village Sub pzf.doc Medium Density Residential 4 8 Units per acre max 1 G Land Use Intensity 6.8.13 — Downtown Eagle Plan Guide to Downtown Generalized (unspecified areas) Land Use Mixture Regional Retail 300 0004- Sq ft High Density Ref klePtiO 13+ Units perecre Medium/High Density Residential 8-12 Units per acre max .. .:.. . Low Density Residential 3-4 Units per acre Market Scale: N. Ada County General Commercial & Retail 30,000 -150,000 Sq ft.mex Neighborhood Retail & Services i 10.000-50,000Sgft max High Density Empint 4-5 Stories Miffed Development/ Employment 3.4 Stories Local Support/Boutique Upto5.000Sgft Niche Market Low Density Office 2.3 Stores The highlighted uses above represent the combined uses that are appropriate in areas NOT contained in a specific subarea. The partial inclusion of a land use indicates a limited potential or opportunity for that land use in the area. Page 9 B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. • Eagle City Code, Section 8-2-1: Districts Established: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed" within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed Page 6 of 26 K:\Planning Dept\Eagle Applications\ SUBS\20t6U-arlun Village Sub pzf doc use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8-2-3: Schedule of District Use Regulations: Residential dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the MU (Mixed Use) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* 1MU 1135' 120' I 17.5' 1 150% 115,000 1150' 20' 20' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code, Section 8-7-3-3: Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to any parcel or lot provided the Council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the Page 7 of 26 K:\Planning Dept\Eagle Applications\SUBS\2016U.azkin Village Sub pzf.doc private street; provided, however, that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the council. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County highway district's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle Fire District and City Engineer and provided further that proper maintenance of the island is provided for; Page 8 of 26 K:\Planning Dept\Eagle Applications\SUBS \2016 Larkin Village Sub pzf doc b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle Fire District and the City Engineer; or c. Such other turnaround area as may be approved by the Eagle Fire District, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the City Council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection C1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the City Attorney prior to certification and signing of the final plat by the city engineer. 4. The Council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and Page 9 of 26 K:\Planning Dept\Eagle Applications\ SUBS\2016\Larkin Village Sub pzf.doc make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. E. Waiver: The Council may waive or modify any of the standards or requirements of this section when the private streets have been determined to be an integral element of the overall plan and scheme of the development or will serve to enhance the overall development; provided, however, that any such waiver shall not be injurious to public health or safety. • Eagle City Code Section, 9-3-5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section, 9-3-8 (D)(4): Public Sites and Open Spaces: Ownership and Management of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. Page 10 of 26 K\Planning Dept\Eagle Applications\ SUBS\20161I.arkin Village Sub pzLdoc 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8) wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. D. DISCUSSION: • The applicant's narrative, date stamped by the city on January 9, 2017, indicates they are requesting a development agreement to request the following allowances: 1) allowance for lots below 5,000 -square feet (11 -lots between 2,568 — 2,999 -square feet in size), 2) reduction of setbacks, and 3) reduction of minimum lot width. Request #1 The applicant is requesting a reduction of lot sizes below the required 5,000 -square foot minimum lot size associated with the MU (Mixed Use) zoning district. Typically a reduction of lot sizes is permitted through the planned unit development (PUD) process. Pursuant to Eagle City Code Section 8-6-5-2, a minimum of 20% of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents of users of the area being developed. Pursuant to Eagle City Code Section 8-6-5-5(A), all lots within a PUD shall comply with the minimum lot size in the underlying zone as established in Eagle City Code Section 8-2-4, 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. The initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to 10% of the site. Based on the proposed lot sizes and the required "offsetting increase" of open space required, the minimum open space for the development is .72 -acres of open space (51.8%). The applicant is requesting approval of .36 -acres of open space (26%). Request #2 Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a MU -DA (Mixed Use with a development agreement [development agreement in lieu of a conditional use permit]) zoning designation. The required setbacks within the MU (Mixed Use) zone are as follows: Front 20 -feet Rear 20 -feet Side 7.5 -feet Street Side 20 -feet Maximum Coverage 50% Page 11 of 26 K:\Planning Dept\Eagle Applications\ SUBS\20t6\Larkin Village Sub pzf dor The proposed setbacks as identified in the applicant' s narrative, date stamped by the city on December 22, 2016, reflects the following setbacks: Front: 20 -feet garage Rear: 5 -feet Side: 3 -feet The applicant also provided email correspondence on February 1, 2017, addressed to Suzie Lund (Pacific Heights Subdivision HOA representative) which indicated the proposed rear setbacks are as follows: Main level (wall plain) 16 -feet Second level (wall plain) 20 -feet Patio cover columns and footings 10 -feet Maximum height 28 -feet The applicant also provided an exhibit showing the structure based on the aforementioned setbacks. With regard to the reduction of setbacks, staff has the following comments: The applicant did not address whether or not the proposed side setback of 3 -feet is for one or two story structures. The applicant has provided building elevations, date stamped by the city on December 28, 2016, showing the residential dwellings to be two stories in height. Also, the applicant did not address the maximum lot coverage. The maximum lot coverage within the MU (Mixed Use) zoning designation is 50%. The preliminary plat, date stamped by the city on January 31, 2017, shows the footprint of the structures covering approximately 54% of the smallest lot (2,568 -square feet in size) and 53% of the next larger lots (2,593 -square feet in size). The applicant's narrative indicated they are proposing a rear setback of 5 -feet, however, plat note #2 of the preliminary plat identifies the rear easement to be 10 -feet in width. Based on a 15 -foot wide rear setback the maximum lot coverage on the subject lots would be less than 50% of the lot size. The rear setback should be a minimum of 15 -feet with an allowance that open style patio covers may encroach no more than 5 -feet into the rear setback to allow for the 10 -foot wide rear easement noted on the plat. The city received correspondence with a petition (containing 43 signatures) from the Pacific Heights Subdivision/Homestead homeowners and residents, date stamped by the city on January 30, 2017. The correspondence referenced the neighbors' concerns with the height of the two story buildings blocking the sun and the views. Also, the neighbors were concerned that the project encroaches into the open space required within the MU (Mixed Use) zoning designation pursuant to Eagle City Code. The rear setback within Pacific Heights Subdivision is 15 -feet. Based on the requested rear setbacks of 15 -feet (first story) and 20 -feet (second story) the first story of the dwelling would be approximately 30 -feet and the second story would be approximately 35 -feet from the residential dwellings located west of the proposed development. All of the residential dwellings located west of the development are single -story. Based on the proposed density of the development, the reduced side yard setback of 3 -feet, and the neighbor's concerns the residential dwellings within the development should be limited to single -story. It is staff's opinion the setbacks should be as follows: Front: 20 -feet Rear: 15 -feet Side: 3 -feet Patio covers (open style) may encroach 5 -feet into the rear setback Maximum lot coverage 50% Page 12 of 26 K:\Planning Dept\Eagle Applications\ SUBS\2016\Larkin Village Sub pzEdoc Request #3 The applicant is requesting to reduce the minimum lot width from 50 -feet to 29 -feet. The preliminary plat, date stamped by the city on January 31, 2017, shows lots 15 and 16 to be 28.79 -feet in width, therefore the request should be modified or Lots 16 and 16 should be a minimum of 29 -feet in width. • The preliminary plat, date stamped by the City on January 31, 2017, does not contain a plat note referencing the development agreement associated with the rezone (application #RZ-16- 16) of the property. Since the development agreement is being utilized in lieu of a conditional use permit the applicant should provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-16-16 and subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the city on January 31, 2017, does not contain a plat note identifying the common lots or who is responsible for the operation and maintenance of the common lots. The applicant should provide a revised preliminary plat with a new plat note that states, "Lots 1, 3, 7, and 14, Block 1 are common lots to be owned and maintained by the Larkin Village Homeowners Association." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the city on January 31, 2017, does not contain a plat note in regard to building setbacks. As previously discussed the applicant is requesting a reduction of the setbacks that are required within the MU (Mixed Use) zoning district. In the event the requested setback reduction is approved the plat should contain a note referencing the approved setbacks that would be found within the executed development agreement. The applicant should provide a revised preliminary plat with a new plat note that states, "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit or as specifically approved by the conditions of development for RZ-16-16 and any subsequent modifications." The revised preliminary plat should be provided prior to the submittal of a final plat application. • The applicant provided a Pressurized Irrigation Waiver request, date stamped by the city on December 22, 2016, to request a waiver of the requirement to provide pressurized irrigation due to construction in the area over the past several years has cut off the delivery of irrigation water. The applicant provided correspondence (attached to the waiver request) from Gary Heikes with New Union Ditch Company, which indicated the ditch that historically delivered irrigation water to the subject property was filled, and, at present, no delivery to the subject site is possible. The applicant's request further states that since the work needed to restore irrigation water to the subject parcel is offsite and it is out of the control of the applicant in regard to timing of the repairs. Based upon the limitations expressed by the New Union Ditch Company, the applicant proposes to provide irrigation water to the subdivision via water supplied by Eagle Water Company. Staff recommends affirming the conclusion that the applicant has provided sufficient information to meet the conditions of a waiver request based on Eagle City Code Section 9-4-1-9(C)(2)(b). A pressurized irrigation waiver request may be granted since the irrigation purveyor cannot deliver the surface water in a timely manner. • The preliminary plat application and applicant's narrative, date stamped by the city on January 31, 2017, indicate that one (1) of the proposed lots will have a commercial use. Prior to the commencement of a commercial use onsite the applicant should be required to submit a design review application prior to the issuance of a zoning certificate. Page 13 of 26 K:\Planning Dept\Eagle Applications\ SUBS\2016\Latkin Village Sub pzEdoc • The preliminary plat, date stamped by the city on January 31, 2017, shows the sewer and water lines serving the proposed subdivision located under the private street within Lot 17, Block 1. The center of the street also consists of a four foot (4') wide valley gutter with permeable concrete for drainage. The applicant should provide a revised preliminary plat with a new plat note that states, "Lot 17, Block 1, shall have a blanket public utility and drainage easement." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #1 of the preliminary plat, date stamped by the city on January 9, 2017, states, "All front lot lines common to street rights-of-way shall contain a ten (10') foot wide easement for public utilities, street lights, pressurized irrigation, and lot drainage." Pursuant to Eagle City Code Section 9-3-6, a 12 -foot wide utility easement is required adjacent to the front lot line. Since the front setback for structures will be 20 -feet the applicant should be required to provide a revised preliminary plat with plat note #1 revised to state, "All front lot lines common to street rights-of-way shall contain a twelve foot (12') wide easement for public utilities, street lights, pressurized irrigation, and lot drainage." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the city on January 31, 2017, delineates an asphalt pathway continuing from the southern end of the attached sidewalk through the common area adjacent to the southern property line, and then offsite adjacent to the western property line of Lot 4, Block 2, Merrill Subdivision No. 2 terminating with a connection to the five foot (5') wide detached sidewalk located adjacent to East Iron Eagle Drive. To date there is no pathway connection from the sidewalk located adjacent to East Iron Eagle Drive to the subject property. The applicant's narrative, date stamped by the city on January 9, 2017, indicates the applicant will provide a cross access agreement with the adjacent property owner regarding the location of the proposed asphalt pathway. • The applicant is requesting to construct the subdivision with a private street. The preliminary plat, date stamped by the city on January 31, 2017, shows a street section to be 31.75 -feet in width (measured from west edge of ribbon curb to the east property line).The street section shows two (2) ten foot (10') wide travel lanes divided by a five foot (5') wide permeable pavers, a one foot (1') wide ribbon curb, and an attached 5.5 -foot wide thickened edge concrete sidewalk located on the east side of the road with a 0.25 -foot wide fence located between the sidewalk and the property line. Pursuant to Eagle City Code Section 9-3-2-5, private streets may provide access to any parcel or lot provided the Council determines that the private streets are in compliance with specific standards. Those standards include safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. Pursuant to Eagle City Code Section 9-2-3-5(B)(3), sidewalks are required in accordance with Eagle City Code Section 9-4-1-6(F), which based on the design of the proposed subdivision, separated sidewalks would be required to be constructed on both sides of the street. However, because the sidewalk only provides pedestrian connectivity for 12 buildable lots staff considers it appropriate to allow the single attached sidewalk to be located on the east side only. The preliminary plat does not contain a plat note in regard to right of ingress and egress over the private street, the easement for the ingress and egress, and who is responsible for the operation and maintenance of the private street. The applicant should provide a revised preliminary plat with a new plat note that contains the following information: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 14 of 26 K:'Planning DeptEagle Applications\ SUBS\2016\Larkin Village Sub pzf.doc Pursuant to Eagle City Code Section 9-3-2-5(B)(2), vertical curbing is required for streets that are less than 34 -feet in width. The applicant should provide a revised preliminary plat showing vertical curbing located adjacent to the private streets. The revised preliminary plat should be provided prior to submittal of a final plat application. • Correspondence was provided from the Eagle Fire Department, date stamped by the city on January 23, 2017, which indicated they are not recommending approval of the development as submitted. The fire department review was based on a preliminary plat that was date stamped by the city on December 22, 2016, which showed the travel area of the private street at 20 -feet in width (not inclusive of the 1 -foot wide ribbon curb). The correspondence referenced that a dead end street longer than 501 -feet in length is required to be a minimum of 26 -feet in width. The correspondence also referenced that the hammer head turn arounds must be posted on three (3) sides with "No Parking Fire Lane" signs. The applicant provided a revised preliminary plat, date stamped by the city on January 31, 2017, that shows the private street with a 26 -foot wide (inclusive of ribbon curb) travel area. However, the applicant did not address the fire department's concerns regarding the proposed guest parking within the hammerheads. The applicant should be required to provide an approval letter from Eagle Fire Department prior to the applications being scheduled for a City Council public hearing. • The applicant provided residential building elevations, date stamped by the city on January 31, 2017, show the residential dwellings with a two (2) car garage. Pursuant to Eagle City Code Section 8-4-5, a single-family dwelling (lots less than 15,000 square feet) are required to have two (2) (including one [1] covered) parking spaces. The applicant is proposing a 20 -foot wide front setback, therefore, two (2) cars may have room to park in the driveway without overhanging the street. Due to the narrowness of the proposed private street there will be no on street parking allowed. The preliminary plat, date stamped by the city on January 31, 2016, shows Lot 17, Block 1, containing two (2) guest parking spaces located adjacent to Lot 7, Block 1, and one (1) parking space located adjacent to Lot 15, Block 1. In the event there is a gathering at a home located within the subdivision there may not be adequate parking available which may hinder accessibility by emergency services in the event of an emergency. The applicant should provide a revised preliminary plat showing an additional three (3) guest parking spaces prior to submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested rezone with development agreement (in lieu of a conditional use permit) and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 6, 2017, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the 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 one (1) individual who indicated the following concerns: • The proposed lot sizes are considerably less than the minimum lot size of 5,000 -square feet required pursuant to Eagle City Code. • The requested reduced setbacks do not provide sufficient room between the residential units. • The reduced lot width of 29 -feet is too narrow. Page 15 of 26 KAPlanning Dept\Eagle Applications\SUBS12016\Larkin Village Sub pzldoc • To be compatible with the homes located in the adjacent subdivision to the west the homes located within the proposed development should not exceed one-story in height. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who requested clarification regarding the allowed uses within an area with a MU (Mixed Use) zoning designation. COMMISSION DELIBERATION: (Granicus time 1:03:57) Upon closing the public hearing, the Commission discussed during deliberation that: • Although infill projects provide a benefit to the community sometimes it is difficult to address neighbor concerns. • Nine (9) of the property owners located on the adjacent property to the west may be affected by the proposed development. It may be more appropriate to locate the private road next to the west property line instead of the proposed residential lots. • If the applicant was required to construct the homes as single -story the project would not be economically viable. • They would be supportive of restricting the height of the dwelling units instead of restricting the applicant to construct single -story dwellings. • The two-story design may not be compatible with the single -story dwellings located west, of the proposed development. • The applicant should be required to provide an approval letter from Eagle Fire Department prior to moving the application forward to the City Council. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT (IN LIEU OF A CONDITIONAL USE PERMIT): The Commission voted 4 to 0 (Villegas absent) to recommend approval of RZ-16-16 for a rezone from MU (Mixed Use) to MU -DA (Mixed Use with development agreement [in lieu of a conditional use permit]) for Paradigm Construction — Jim Larkin, with the following staff recommended conditions of development to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The residential use shall be a permitted use on the Property. The maximum density for the Property shall be 7.91 -dwelling units per acre (11 -dwelling units). 3.4 The setbacks shall be as follows: Front: 20 -feet Rear: Main level (wall plane) 15 -feet Second level (wall plane) 20 -feet Side: 3 -feet Page 16 of 26 K:\Planning Dept\Eagle Applications\SUBS\20I61I.arkin Village Sub pzfdoc Patio covers (open style) may encroach 5 -feet into the rear setback Maximum lot coverage 50% 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, and amenities. (b) An operation and maintenance manual for the private streets, including a funding mechanism as an addendum to the CC&Rs requiring the association(s) shall have the duty to maintain and operate all of the private streets including the repair and replacement of asphalt and sidewalks, in perpetuity. The repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (c) A requirement that no parking is allowed on the private streets and a mechanism for the enforcement of the no parking requirement. (d) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (e) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.6 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.7 The single-family dwellings shall be constructed utilizing "Pacific Northwest Craftsman" style architecture. To assure compliance with this condition, the applicant shall create an Architectural Control Committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.8 The residential dwellings shall be-single-stery not exceed 25'7" in height. Page 17 of 26 K:lPlanning Dept\Eagle Applications\SUBS\2016\Larkin Village Sub pzfdoc COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Villegas absent) recommend approval of PP -10-16 (Exhibit "A") for a preliminary plat for Larkin Village Subdivision for Paradigm Construction — Jim Larkin with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-16-16. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C][3][1]) 4. Provide an approval letter from Eagle Fire Department prior to the applications being scheduled for a City Council public hearing. 5. The applicant shall provide correspondence from Republic Services indicating how trash service will be provided for the residential units prior to submittal of final plat application. 6. If the private street is approved, trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 7. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 8. Provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-16-16 and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat with a new plat note that states, "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit or as specifically approved by the conditions of development for RZ-16-16 and any subsequent modifications." The revised preliminary plat shall be provided prior to the submittal of a final plat application. 10. Provide a revised preliminary plat with a new plat note that states, "Lot 17, Block 1, shall have a blanket public utility and drainage easement." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-6) Page 18 of 26 K:\Planning Dept\Eagle Applications\ SUBS\2016U.arlcin Village Sub pzf doc 11. Provide a revised preliminary plat with plat note #1 revised to state, "All front lot lines common to street rights-of-way shall contain a twelve foot (12') wide easement for public utilities, street lights, pressurized irrigation, and lot drainage." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-6) 12. If the private street is approved, the applicant should provide a revised preliminary plat with a new plat note that contains the following information: 1) conveys to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street, 2) provide that such perpetual easement shall run with the land, 3) provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2-3-5[C][2]) 5[B][2]) 14. Provide a revised preliminary plat with a new plat note that states, "Lots 1, 3, 7, and 14, Block 1 are common lots to be owned and maintained by the Larkin Village Homeowners Association." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3- 8[D] [4]) 15. Provide a revised preliminary plat showing an additional three (3) guest parking spaces prior to submittal of a final plat application. 16. A pressurized irrigation waiver request is hereby granted since the irrigation purveyor cannot deliver the surface water in a timely manner. (9-4-1-9[C][2][b]) 17. The Larkin Village Subdivision shall remain under the control of one Homeowners Association. 18. The applicant shall place a note on the final plat stating that the subdivision irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 19. The applicant shall provide CC&Rs indicating that the Homeowner's Association shall have the duty to maintain all common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 20. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. rul p' t application. (ECC 9 3 2 Page 19 of 26 K:\Planning Dept\Eagle Applications\SUBS\20I6\Larkin Village Sub pzLdoc 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the 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, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. Page 20 of 26 K:Wlanning Dept\Eagle Applications\SUBS\ZOl6\Larkin Village Sub pzfdoc 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. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 13. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 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. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. Page 21 of 26 K:\Planning Dept\Eagle Applications \SUBS\2016\ Larkin Village Sub pzfdoc 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. Page 22 of 26 K:\Planning Dept\Eagle Applications\SUBS\2016Uarkin Village Sub pzf.doc 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City' s actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone with development agreement (RZ-16-16) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with the Downtown use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the C-1 (Neighborhood Business District) zone and land use to the north since that area contains a commercial building and is located across State Street; d. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the MU (Mixed Use) zone and land use to the south since that area contains a commercial subdivision and the applicant is providing a landscaped common lot between the residential dwellings and the southern property line; e. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the MU (Mixed Use) zone and land use to the east since that area contains a single-family residence and a parking area; f. The proposed MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]) zone is compatible with the MU (Mixed Use) zone and land use to the west since that area is developed with a daycare and residential subdivision (Pacific Heights Subdivision) with a density that is compatible with the proposed subdivision; The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; h. No non -conforming uses are expected to be created with this rezone. g. Page 23 of 26 K:\Planning Dept\Eagle Applications \SUBS\2016\Larkin Village Sub pzf.doc 2. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a conditional use permit, and based upon the information provided concludes that the proposed development is in accordance with the terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" because: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; Since a residential use requires a conditional use permit in the MU (Mixed Use) zoning designation as established in Eagle City Code Section 8-2-3: Schedule of District Use Regulations and all development requiring a conditional use permit in the MU (Mixed Use) zoning district, shall occur under the PUD and/or development agreement process in accordance with Chapter 6: Planned Unit Developments of Eagle City Code unless the proposed development does not meet the area requirements as set forth in Eagle City Code Section 8-6-5-1. The minimum area requirements for a residential PUD is three (3) acres. The subject property is 1.55 -acres in size, therefore, is not in conformance with the minimum area required for a residential PUD. Due to the size of the subject parcel, a conditional use permit is required unless the proposed use is shown as a permitted use in the MU (Mixed Use) zoning district. When a property is being proposed for rezone to the MU (Mixed Use) zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the City Council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. Therefore, a development agreement is being utilized in lieu of a conditional use permit. B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); The applicant has requested approval for a development agreement in lieu of a conditional use permit as outlined in Eagle City Code and the application satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit a design review application and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will consist of single-family residential dwellings that will not exceed 25'7" in height. C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. D. Will not be hazardous or disturbing to existing or future neighborhood uses; Larkin Village Subdivision is proposed to be developed in a manner harmonious with existing uses in the general vicinity. The height of the residential units will not exceed 25'7" as conditioned herein. D. 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; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; The subject property is fronted by and will take access from East State Street. All central services are either available to the site or will be provided as conditioned herein, as noted within the letters provided by the agencies having jurisdiction. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense. Page 24 of 26 K:\Planning Dept\Eagle Applications \SUBS\2016U.arkin Village Sub pzfdoc E. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water, or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. F. Will not involve uses, activities, processes, materials, equipment and 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 a residential use and it has been determined that the proposed use will not be detrimental to the surrounding properties upon completion of the site work. G. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; Access to the development will be from East State Street which provides access to the internal streets of the proposed development. The interior street will be private and will be constructed in conformance with standards pursuant to Eagle City Code. H. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on this site. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP -10-16) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of MU -DA (Mixed Use with a development agreement [in lieu of a conditional use permit]). b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Downtown and provides the required improvements for a subdivision or as may be conditioned herein; c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area and because as conditioned herein the height of the buildings will be restricted and a larger rear setback is required for the second story; d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire Department and fire hydrants will be provided where required; e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved by the Ada County Highway District and is subject to the conditions herein and within the ACHD approval attached to the staff report; f. While there is no capital improvement program, the developer is required to install public improvements as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; Page 25 of 26 KAPlanning Dept\Eagle Applications\SUBS\2016\Larkin Village Sub pzf.doc g• That based upon agency verification and additional written comments provided, or as conditioned herein, there is adequate public financial capability to support the proposed development; h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein. DATED this 21st day of February, 2017 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho 0 7 Trent Wright, Chairma ATTEST: 02 Sharon . 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