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Findings - PZ - 2022 - RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22 - Benari Estates Subdivision - Rezone From A To R-3-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Benari Estates Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM A [AGRICULTURAL] ) TO R-3-DA-P [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT-PUD], ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR BENARI ESTATES SUBDIVISION ) FOR EAGLE 1,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22 The above-entitled rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 15, 2022,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: Eagle 1 LLC, represented by Laren Bailey, is requesting a rezone from A (Agricultural) to R-3- DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Benari Estates Subdivision, an 88-lot (77- buildable, 11-common)residential planned unit development. The 35.29-acre site is located at the northeast corner of West State Street and North Ballantyne Lane at 1770 West State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, on Thursday, March 3, 2022, on site in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 26,2022. A revised preliminary planned unit development plan was submitted to the City on June 27, 2022. A tree survey was submitted to the City on August 1,2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on June 3, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 July 29, 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 July 29, 2022. The site was posted in accordance with the Eagle City Code on July 27,2022. Page 1 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On December 14, 2021, the City Council denied a rezone from A (Agricultural) to R-4-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat for Benari Estates Subdivision (RZ-12-21/CU-07- 2 1/PPUD-07-2 1/PP-14-21). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood A(Agricultural) Single-family residence and Residential agriculture Proposed No Change R-3-DA-P(Residential Single-family Residential with a development Planned Unit Development agreement—PUD) North of site Large Lot A-R(Agricultural- Single-Family Residential Residential) Subdivision(Bakers Acres Subdivision) South of site Mixed Use R-9-DA (Residential Proposed single-family with a development attached subdivision agreement[in lieu of a (Kingfisher Estates PUD])and MU-DA Subdivision)and a single- (Mixed Use with a family residence and development agreement enclosed storage facility [in lieu of a conditional use permit]) East of site Neighborhood R-2 (Residential) Single-Family Residential 1 Residential Subdivision(Van Engelen Estates Subdivision) West of site Neighborhood R-2-DA-P(Residential Single-Family Residential Residential with a development Subdivision(Countryside agreement—PUD) Estates Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. Page 2 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc H. SITE DATA: Total Acreage of Site—35.29(34.8-acres developable due to North Ballantyne Lane right-of-way dedication) Total Number of Lots—88 Residential—77 Commercial—0 Industrial—0 Common— 11 Total Number of Units—88 Single-family—88 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.21-dwelling units per acre* 2.21-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 10,640-square feet 10,000-square feet Minimum Lot Width 80-feet 70-feet Minimum Street Frontage 35.67-feet 35-feet Total Acreage of Common Area Open 7.18-acres 6.96-acres Space Percent of Site as Common Area 20.6% 20% Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Common Area Open Space 20.5%(1.47-acres) 15%(minimum)(1.04- as Active Open Space acres) * Based on acreage excluding the area to be dedicated to ACHD for North Ballantyne Lane. GENERAL SITE DESIGN FEATURES: Landscape Screening: The western property line is located adjacent to North Ballantyne Lane which is classified as a collector. The southern property line is located adjacent to West State Street which is classified as a minor arterial. The applicant is proposing a minimum 45.5-foot-wide buffer adjacent to North Ballantyne Lane and a minimum 50-foot-wide buffer adjacent to West State Street. Also, the Page 3 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doe applicant is proposing to landscape approximately .26-acres of area located withing the right-of- way at the northeast corner of the intersection of West State Street and North Ballantyne Lane. Open Space: A total of 7.18-acres approximately 20.6% of open space is proposed within the residential subdivision. Approximately 1.47-acres (20.5%) of the proposed open space is considered to be "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots located at the internal street intersections, a central park area, and a dog park. There are two (2) common areas which will contain pathways allowing residents to travel from east to west through the development. The central park area will consist of a play structure, pathway, seating and large open lawn area for recreation. The park areas will also consist of open view wrought iron fencing, and benches. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Plat note #2 of the planned unit development plan, date stamped by the City on June 27, 2022, 2021, indicates the public utilities, irrigation, and drainage(PUID)easements as follows: • 12-feet wide adjacent to the subdivision boundary • 23-feet wide adjacent to the public right-of-way(12-feet behind sidewalk) • 6-feet wide adjacent to all interior side lot lines(12-feet total width) • 6-feet adjacent to all interior rear lot lines(12-feet total width) All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System(yes or no)—No Preservation of Existing Natural Features: Most of the existing trees within the site are located within the buildable areas of five (5) residential lots. The applicant will be required to mitigate for the trees proposed to be removed. Preservation of Existing Historical Assets: The site contains a historic gabled roof barn which has been on the property since the early 1900's. The applicant is proposing to remove the barn. J. STREET DESIGN: Private or Public Streets: The public will be constructed based on the Preliminary Street Section Details shown on page PP3.0 of the planned unit development plan,date stamped by the City on June 27, 2022. Blocks Less Than 500': None Page 4 of 27 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benan Estates Subdivision\Findings\Benan Estates Sub prt'.doc Cul-de-sac Design: Two(2)cul-de-sacs are proposed: • West Yellowstone Court: 600-feet in length, 53-foot radius. • West Deadwood Court: 320-feet in length, 53-foot radius Sidewalks: West State Street currently has an existing 5-foot-wide detached sidewalk which extends along the southern property line to the intersection of West State Street and North Ballantyne Lane. The applicant is proposing detached sidewalks separated by an 8-foot-wide planter strip on both side of the public streets. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the public and private streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street 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: The preliminary plat landscape plan shows five-foot wide pedestrian pathways located within three(3) of the common lots (Lots 17 and 38, Block 1, and Lot 6, Block 4). The pathway located within Lot 17, Block 1, provides interconnectivity between North Hunter Creek Avenue and the sidewalk adjacent to North Ballantyne Lane. The pathway located within Lot 38, Block 1, provides interconnectivity between West Deadwood Court and North Boulder Ridge Avenue. The pathway located within Lot 6, Block 4, provides interconnectivity between North Boulder Ridge Avenue and North Hunter Creek Avenue. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED:None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees — yes, located around the existing dwelling in proximity to the southern property line Page 5 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doe Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: The applicant submitted a Horticulturist/Arborist Consultant report, date stamped by the City on June 30,2021 (attached to the staff report). P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated September 21, 2021,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 August 8, 2022, are of special concern(attached to the staff report). Ada County Highway District Ballentyne Ditch Company Central District Health Department Communities in Motion 2050(COMPASS) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Q. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Ken Lenz, dated May 27, 2022. Email correspondence received from Lory and Gregory Dye, dated August 8, 2022. Email correspondence received from Karl Vogt, dated August 9,2022. Correspondence received from Molly Sedlacek, date stamped by the City on August 9,2022. Email correspondence received from Kellie Allred, dated August 8,2022. Correspondence received from Rebacca Fitzpatrick,date stamped by the City on August 9,2022. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat and planned unit development plan, date stamped by the City on June 27, 2022, shows two (2) phases of development. The applicant is proposing to develop the two (2) phases in successive years. The first phase is proposed to start in spring 2023, with home construction to start in spring 2024. Phase 2 would be market driven with construction to begin in 2024. S. 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. Page 6 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 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 eleven (11) 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. T. FISCAL IMPACT ANALYSIS: See Developer Data Table, date stamped by the City on June 30, 2022, along with analysis table (attached to the staff report). Page 7 of 27 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc THE PLANNING AND ZONING COMMISSION 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: Chapter 6: Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. 6.4.3 General Land Use Implementation Strategies L. Protect farm-related uses and activities from land use conflicts or from interference created by residential, commercial, or industrial development. Adhere the Idaho Right to Farm Act. X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e.,R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. Page 8 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city(i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum j Lot Area r__ Lot (Acres Or Minimum Zoning Maximum Interior Street I Covered F Square Lot District Height Front Rear Side Side And J* Feet)H* Width I* R-3 35' 30' 25' j 7.5' 20' ! 40% 10,000 75' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-7-3-5: Conditional Use Permit: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this title C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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. Easement width shall be ten (10') feet along rear and front lot lines and five feet along each side lot line, except that lesser easement widths, to coincide with respective setbacks,may be considered as part of a planned unit development. B. A five foot (5') wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council,except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, 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. If the buffer area is designed Page 9 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benan Estates Sub pzfdoc so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. D. DISCUSSION(based on the preliminary planned unit development, date stamped by the City on June 27, 2022): • Although the submitted preliminary planned unit development contains all the information required for a preliminary plat, the preliminary planned unit development plan does not reference a preliminary plat. Also, the applicant has not provided a separate preliminary plat document. The applicant should be required to provide a revised preliminary planned unit development plan noted as a preliminary planned unit development/preliminary plat prior to submittal of a final plat application. • The applicant provided a preliminary plat landscape plan, date stamped by the City on May 26, 2022. The fencing exhibit shows solid style fencing located adjacent to the common areas. Pursuant to Eagle City Code Section 9-3-10, open style fencing is required adjacent to common areas. The applicant should be required to provide a revised fencing exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-12-21). • 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 applicant is requesting a reduction of the required setbacks. The proposed setbacks shown on page PP-1 of the preliminary plat are as follows: Front 31-feet living and side entry garage(20-feet from back of sidewalk) 36-feet garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 22-29,Block 1 and Lots 3-7, Block 2) Interior Side 7.5-feet Street Side 20-feet Maximum Lot Coverage 50% The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD) zoning designation. The required setbacks within the R-3 (Residential)zone are as follows: Front 30-feet Rear 25-feet Side 7.5-feet, 5-feet(each additional story) Street Side 20-feet Maximum Coverage 40% * 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 20-feet within the R(Residential)zoning districts. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat, date stamped by the City on June 27, 2022, shows a typical street section for the interior streets with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the property. Based upon the requested front setbacks measured Page 10 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf.doc from the property line, the applicant is in conformance with Eagle City Code Section 8-2-4. However, the applicant does not address the allowance for a 5-foot reduction permitted for side entry garages. A side entry garage should be no less than 31-feet from the front property line which will match the applicant's request for the front setback associated with the living area. The applicant is proposing a side setback of 7.5-feet; however, they are not proposing an additional 5- foot setback for multi-story structures. The applicant should be required to provide an additional 5-foot setback for multi-story structures. As proposed, the rear yard setback meets or exceeds the rear yard setback required pursuant to Eagle City Code Section 8-2-4. The applicant is also requesting to increase the maximum lot coverage from 40% to 50% to provide more single-story homes. The smallest lots within the development are 10,640-square feet in size, based on a maximum lot coverage of 40% the maximum building footprint would be 4,256-square feet. At a 4,256-square foot minimum lot size a dwelling could be constructed with a three-car garage of over 1,200-square feet with approximately 3,000-square feet remaining for living area. The maximum lot coverage should not be increased since the lots are designed large enough to allow for single-story homes. It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 31-feet living(20-feet from back of sidewalk) 36-feet front load garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 22-29, Block 1 and Lots 3-7, Block 2) Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note #1 of the preliminary planned unit development states, "Lots 17, 35, 38, 41 and 47, Block 1, Lot 1, Block 2, Lot 1, Block 3, and Lots 1, 6, and 9, Block 4 are common lots to be owned and maintained by the Benari Estates Community Association." Although Plat#2 addresses easements within the lots of the subdivision, the common lots should contain blanket public utilities, irrigation, and drainage easements. The applicant should provide a revised preliminary planned unit development/preliminary plat with plat note #1 revised to state, "Lots 17, 35, 38,41 and 47, Block 1, Lot 1, Block 2,Lot 1, Block 3,and Lots 1, 6, and 9, Block 4 are common lots to be owned and maintained by the Benari Estates Community Association. The common lots are subject to blanket public utility, drainage, and irrigation easement. Driveways are prohibited across common lots." The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #2 of the preliminary planned unit development addressing the public utility, irrigation, and drainage easements states, "A public utilities, irrigation, and drainage (PUID) easement shall be provided as follows: A. 12 feet wide adjacent to the subdivision boundary. B. 23 feet wide adjacent to the public right-of-way(12 feet behind sidewalk) C. 6 feet wide adjacent to all interior rear lot lines(12 feet in total) D. 6 feet wide adjacent to all interior rear lot lines(12 feet in total)" • Pursuant to Eagle City Code Section 9-3-6, unobstructed utility easements should be provided along front lot lines, rear lot lines and side lot lines. Easement width should be ten (10')feet along rear and front lot lines and five feet along each side lot line. Also, five foot(5')wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side Page 11 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzfdoc lot line or as required by the city council. The applicant is proposing a wider easement area adjacent to the public right-of-way due to the location of the property line in relationship to the planter strip and detached sidewalk. The applicant should be required to provide a revised preliminary planned unit development/preliminary plat with plat note #2 revised to state, "A public utilities, irrigation, and drainage(PUID)easement shall be provided as follows: A. 10 feet wide adjacent to the subdivision boundary. B. 21 feet wide adjacent to the public right-of-way(10 feet behind sidewalk) C. 10 feet wide adjacent to all interior rear lot lines(10 feet in total) D. 10 feet wide adjacent to all interior rear lot lines" The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #3 of the preliminary planned unit development states, "Minimum building setbacks shall be in accordance with the City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with xx-xx-xx or any subsequent modifications. If the subdivision is approved the setbacks will be addressed within the site specific conditions of approval and not within the conditions of development of the development agreement. The applicant should be required to provide a revised preliminary planned unit development/preliminary plat with plat note#3 revised to state, "Minimum building setbacks shall be in accordance with the City of Eagle applicable zoning regulations or as specifically approved." The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #8 of the preliminary plat and planned unit development addresses the ownership and maintenance of the pressurized irrigation system, however, it does not address the irrigation water purveyor, the entitlement to irrigation water rights and/or shares, and that the lot owners will remain subject to assessments from the applicable irrigation entities. The applicant should provide a revised preliminary planned unit development/preliminary plat with plat note#8 revised to state, "Irrigation water has been provided by New Dry Creek Ditch Company 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 Benari Estates Community Association. The pressurized irrigation system shall be owned and maintained by the Benari Estates Community Association, or its assigns." The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat landscape plan, date stamped by the City on June 30, 2022, shows the following areas located within the ACHD right-of-way: 1)the area located at the northeast corner of North Ballantyne Lane and West State Street, 2) the area located in proximity to the sidewalk along West State Street, 3) the landscape islands located within West Yellowstone Court, West Deadwood Court, and North Great Falls Avenue, and 4) the portion of the planter strips located along the public streets. The applicant should be required to landscape the following areas located within ACHD right-or-way: 1) the area located at the northeast corner of North Ballantyne Lane and West State Street, 2)the area located in proximity to the sidewalk along West State Street, 3) the landscape islands located within North Great Falls Avenue in proximity to the entrance with West State Street, and 4) the portion of the planter strips located along the public streets. The landscape plan should be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. The landscaping should be installed, or a surety should be submitted for installation of the landscaping. The applicant should provide a recorded ACHD License Agreement associated with the landscaping located within the ACHD right-of-way prior to the City Clerk signing the final plat. The applicant should Page 12 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pz'.doc provide a revised preliminary planned unit development/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 planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The plat does not contain a plat note regarding Idaho's Right to Farm Act. The applicant should provide a revised preliminary plat and planned unit development with a new plat note which states, "This development recognizes section 22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary engineering plan associated with the preliminary planned unit development shows what appears to be stormwater facilities within a few of the common lots. The preliminary engineering plan does not identify within the legend if they are stormwater facilities. The applicant should be required to provide a revised preliminary engineering plan with a symbol in the legend noting stormwater facilities prior to submittal of final development plan and final plat applications. The applicant should also provide a revised preliminary planned unit development/preliminary plat with a new plat note which states, "A portion of Lot_, Block_, is servient to and contain the ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-013256 official records of Ada County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system." The revised preliminary planned unit development/preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The applicant provided a tree survey (from Gary D. Moen a Horticulturist/Arborist Consultant), date stamped by the City on August 1, 2022. Although the tree survey provided an overview of the conditions of the existing trees and which trees are to be retained or removed, the tree survey did not contain a map showing the locations of the trees. Within the tree survey Mr. Moen indicated the Silver Maples and Cottonwoods trees are nearing their life expectancy and should be removed. The Pecan trees and some of the Black Walnut trees are in relatively good condition and worthy of keeping, provided the ground around them remains undisturbed and the irrigation system continues with flood irrigation. The root protection zone should be a 100-foot radius around the large Pecans and a 50-foot radius around the Black Walnuts. The preliminary engineering plan shows the Pecan and Black Walnut trees located within the buildable areas of Lots 2-6, Block 1, and the buffer lot adjacent to West State Street(Lot 1, Block 1). The applicant should be required to provide a tree inventory map associated with the tree survey, date stamped by the City on August 1, 2022, as part of the design review application process. The tree survey and tree inventory map should be reviewed with the design review application. Prior to the removal of any trees the Design Review Board and City Council should determine which trees are to remain or removed prior to submittal of final development plan and final plat applications. Page 13 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benan Estates Subdivision\Findings\Benari Estates Sub pzf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on August 15, 2022, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by eleven(11) individuals who indicated the following concerns: • They appreciate how the developer has compromised with the neighbors to address their concerns. • The applicant should be required to provide a right-in/right-out access from West Ballantyne Lane. • The applicant should be required to transition the sidewalks along West Deadwood Street into Van Engelen Estates Subdivision. • The lots which back up to Van Engelen Estates Subdivision should have a deed restriction to limit the homes to single-story only. • The lots along West Deadwood Street and next to Van Engelen Estates Subdivision should have a 20-foot side setback adjacent to the east property line. • The applicant should be required to construct SimTek type fencing located adjacent to the eastern property line. • The applicant should be required to install a form of traffic calming on West Deadwood Street between the two(2)subdivisions. • The applicant should not be permitted to construct a stub street to Bakers Acres Subdivision. However, if a stub street is required, the applicant should be required to construct a fence along the northern property line at the terminus of the stub street. • They are supportive of the street connection to West State Street. • They have a concern with the phasing of the project and construction traffic. Construction traffic access should be limited to West State Street. • There is no documentation within the ACHD report or the City of Eagle staff report to address the need to provide a stub street to Bakers Acres Subdivision. • All proposed perimeter fencing should be constructed with the first phase of the development. COMMISSION DELIBERATION: • Providing a connection to West Ballantyne Lane will allow traffic to cut through the development to access West State Street. • The applicant should be required to provide a means for traffic calming on West Deadwood Street between Van Engelen Estates Subdivision and the proposed subdivision. • The applicant should be required to provide a fence between the terminus of the stub street to the north and the adjacent property line. Page 14 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub paldoc • The applicant should be required to construct fencing during the first phase of the development. COMMISSION DECISION REGARDING THE REZONE: The Commission voted 5 to 0 to recommend approval RZ-08-22 for a rezone from A (Agricultural) to R- 3-DA-P (Residential with a development agreement — PUD) with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 2.21-dwelling units per acre(77-dwelling units). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and 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. 3.3 The Concept Plan(Exhibit C)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. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, I, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit «Leff To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's 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 Page 15 of 27 K:U'lanning Dept\Eagle Applications\Preliminary Development Plans\2022\Benan Estates Subdivision\Findings\Benan Estates Sub pzf doe stipulated by the Eagle Design Review Board and Eagle City Council. 3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the all common areas throughout the development, 3) landscape screening details and buffering for the common lots located adjacent to North Ballantyne Lane and West State Street, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.7 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 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. 3.8 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.9 In conjunction with 3.8 above, 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 (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.10 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) 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. 3.11 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of CU-08-22/PPUD-05-22/PP-13-22 for a conditional use permit, preliminary development plan, and preliminary plat for Benari Estates Subdivision (Exhibit "A") with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-08-22. 2. Comply with all requirements of the City Engineer. Page 16 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzfdoc 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. 4. The required setbacks shall be as follows: Front 31-feet living and side entry garage (20-feet from back of sidewalk) 36-feet front load garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 22-29, Block 1 and Lots 3-7, Block 2) Interior Side 7.5-feet(first story), 5-feet(each additional story) Lot 58, Block 1, 18-feet(east property line) Street Side 20-feet Maximum Lot Coverage 5040% 5. Provide a revised preliminary planned unit development plan noted as a preliminary plan unit development/preliminary plat prior to submittal of final development plan and final plat applications. 6. Provide a revised preliminary planned unit development/preliminary plat with plat note #1 revised to state, "Lots 17, 35, 38,41 and 47, Block 1, Lot 1, Block 2,Lot 1, Block 3, and Lots 1, 6, and 9, Block 4 are common lots to be owned and maintained by the Benari Estates Community Association. The common lots are subject to blanket public utility, drainage, and irrigation easement. Driveways are prohibited across common lots." The revised preliminary planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 7. Provide a revised preliminary planned unit development/preliminary plat with plat note #2 revised to state,"A public utilities, irrigation, and drainage(PUID)easement shall be provided as follows: A. 10 feet wide adjacent to the subdivision boundary. B. 21 feet wide adjacent to the public right-of-way (10 feet behind sidewalk) C. 10 feet wide adjacent to all interior rear lot lines(10 feet in total) D. 10 feet wide adjacent to all interior rear lot lines" The revised preliminary planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-6) 8. Provide a revised preliminary planned unit development/preliminary plat with plat note #3 revised to state, "Minimum building setbacks shall be in accordance with the City of Eagle applicable zoning regulations or as specifically approved." The revised preliminary planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 9. Provide a revised preliminary planned unit development/preliminary plat with plat note #8 revised to state, "Irrigation water has been provided by New Dry Creek Ditch Company 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 Benari Estates Community Association. The pressurized irrigation system shall be owned and maintained by the Benari Estates Community Association, or its assigns." The revised preliminary planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 10. The applicant shall be required to landscape the following areas located within ACHD right-or-way: 1)the area located at the northeast corner of North Ballantyne Lane and West State Street, 2)the area located in proximity to the sidewalk along West State Street, 3) the landscape islands located within West Yellowstone Court, West Deadwood Court, and North Great Falls Avenue, and 4)the portion of Page 17 of 27 K:\Planning DeptiEagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc the planter strips located along the public streets. The landscape plan shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. The landscaping should be installed, or a surety should be submitted for installation of the landscaping, and the applicant shall provide a recorded ACHD License Agreement associated with the landscaping located within the ACHD right-of-way prior to the City Clerk signing the final plat. 11. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to the City Clerk signing the final plat. 12. The applicant shall provide a revised preliminary planned unit development/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 planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-4-1-2) 13. Provide a revised preliminary planned unit development/preliminary plat with a preliminary engineering plan with a symbol in the legend noting stormwater facilities prior to submittal of final development plan and final plat applications. The applicant should also provide a revised preliminary planned unit development/preliminary plat with a new plat note which states, "A portion of Lot_, Block is servient to and contain the ACHD storm water drainage system. The lots are encumbered by the certain first amended master perpetual storm water drainage easement recorded on November 15, 2015, as instrument no. 2015-013256 official records of Ada County, and incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage system." The revised preliminary planned unit development/preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary planned unit development/preliminary plat with a new plat note which states, "This development recognizes section 22-4503 of the Idaho Code, Right to Farm Act, which states: No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat and planned unit development shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a tree inventory map associated with the tree survey, date stamped by the City on August 1, 2022, as part of the design review application process. The tree survey and tree inventory map shall be reviewed with the design review application. Prior to the removal of any trees, the Design Review Board and City Council shall determine which trees are to remain or be removed prior to submittal of final development plan and final plat applications. 16. The developer shall provide shade-class (Class II)trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot-wide landscape strip between the 5-foot- wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation Page 18 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benan Estates Sub pzfdoc improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 17. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). 18. Provide a revised fencing exhibit showing open style fencing located adjacent to the common area open spaces and on the street side of all corner lots prior to execution of the development agreement associated with the rezone(RZ-18-22). 19. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's Pathway Recommendation,dated August 8,2022,prior to the City Clerk signing the final plat. 20. 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. 21. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Benari Estates Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 22. The Benari Estates Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 23. The applicant shall construct traffic calming devices (chicanes) along West Deadwood Street at the entrance to Van Engelen Estates Subdivision. The traffic calming devices (chicanes) shall be reviewed and approved by ACHD prior to installation. 24. The applicant shall install solid privacy fencing along the north property line at the terminus of the stub street. The privacy fencing shall be constructedprior to the City Clerk signing the final plat. 25. The applicant shall construct the solid privacy fencing along the north and east property lines prior to the construction of street improvements during the first phase. 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. Page 19 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf.doc 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. 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 Page 20 of 27 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc 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, 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 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 perm its. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, 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. Page 21 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benan Estates Subdivision\Pindings\Benari Estates Sub pzf.doc 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 along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property, which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). Page 22 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc 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. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines, and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation(RZ-08-22)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 requested zoning designation of R-3-DA-P (Residential with a development agreement - PUD) is consistent with the Neighborhood Residential 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 R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the A-R(Agricultural-Residential) zone and land use to the north since that area is developed with a residential subdivision (Bakers Acres Subdivision) and the applicant is Page 23 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf.doc required to provide larger lots adjacent to the north property line and provide a small buffer berm with a privacy fence adjacent to the north property line of the development; d. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-9-DA (Residential with a development agreement — PUD) and MU-DA (Mixed Use with a development agreement)zones and land uses to the south. The residential area is proposed to be developed with single-family attached homes and the mixed use area is proposed to be developed with an enclosed storage facility. Also,the property located to the south is separated from the subject property by a minor arterial (West State Street) and a landscape buffer area located on the north side of the road e. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-2 (Residential) zone and land use to the east since that area has been developed with a residential subdivision (Van Engelen Estates Subdivision) containing lots of similar size.; f. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-2-DA-P(Residential with a development agreement—PUD)zone and land use to the west since that area has been developed with a residential subdivision (Countryside Estates Subdivision) containing lots of similar size. Also, the property located to the west is separated from the subject property by a collector (North Ballantyne Lane) and landscape buffer areas located on each side of the road; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use, as conditioned within the development agreement, does not create a non- conforming use with the R-3-DA-P zone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan and preliminary plat (CU-08-22/PPUD-05-22/PP-13-22) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)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. Benari Estates Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to offset the cost of supporting public services; 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. Benari Estates Subdivision is designed to be compatible and harmonious with the existing subdivisions located adjacent to the site. The subdivision is designed with transitional lot sizing to blend with the adjacent subdivisions; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Benari Estates Subdivision is designed in a manner which is harmonious with existing residential subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent subdivisions;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. Page 24 of 27 K:\Planning Dept\Eagle Applicaaons\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doc 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. Benari Estates Subdivision will be served by West State Street (minor arterial) and an internal street (West Deadwood Street [local street]) is connected to the adjacent subdivision. Also, ACHD is requiring the applicant to construct a stub street to provide connectivity north of the proposed subdivision; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Benari Estates Subdivision will be served by West State Street (minor arterial). 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, Veolia Water of Idaho, Inc., 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 7.18-acres (20.6%) of open space. A total of 1.47- acres(20.5%)of the common area open space is active open space. The open space is inclusive of the buffer areas located adjacent to North Ballantyne Lane and West State Street, common lots located at the internal street intersections, a central park area, and a dog park. There are two (2) common areas which will contain pathways allowing residents to travel from east to west through the development. The central park area will consist of a play structure,pathway, seating and large open lawn area for recreation;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 connection to two (2) stub streets to the adjacent subdivisions located to the north and east which will provide intra-neighborhood connectivity. Access to the development will be provided from West State Street. 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. The applicant is also required to either preserve or mitigate for the removal of the remaining trees located within the site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The applicant is requesting a R-3-DA-P (Residential with a development agreement— PUD) to allow for flexibility in design while still maintaining a maximum density of the proposed development at 2.21-dwelling units per acre; and Page 25 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benari Estates Sub pzf doe k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This 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 submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs (incorporating eleven (11) 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 This development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by Veolia Water of Idaho, Inc. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required comply with requirements and conditions of the Eagle Sewer District. Also, the owner will be required to proof of central sewer service to the proposed residential uses. 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 20.6% of passive and active open space. The applicant is required to provide amenities to provide the residents living within the development recreational opportunities. 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 Benari Estates Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Page 26 of 27 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Benari Estates Subdivision\Findings\Benan Estates Sub pzf 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 $44,175.00/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 6th day of September, 2022. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho 7.__._-7_.4.s..L.._x(..__ ..; u Trent Wright, Chairman A EST: G.••'�g••••.•O .,,, is. • Q wi racy E. O orn, Eagle City Cler)f ?..: cc I 4,7 P; , �• I••J •� Oci. 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