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Findings - CC - 2017 - CPA-02-16/RZ-14-16/CU-08-16/PPUD-03-16 & PP-08-16 - Comp Map Amend From R4 To R5-Da-P/Cup/Ppud/PpBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE PLAN MAP AMENDMENT FROM RESIDENTIAL FOUR TO RESIDENTIAL FIVE, REZONE FROM R-4 [RESIDENTIAL] TO R -5 -DA -P [RESIDENTIALWITH A DEVELOPMENT AGREEMENT — PUD], CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR VALYNN VILLAGE SUBDIVISION FOR ROTH HOMES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA -02-16/ RZ-14-16/CU-08-16/PPUD-03-16 AND PP -08-16 The above -entitled comprehensive plan map amendment, rezone with development agreement, conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their action on March 28, 2017, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Roth Homes, represented by Mark Butler with Land Consultants, Inc., is requesting a comprehensive plan map amendment from Residential Four to Residential Five, a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for VaLynn Village Subdivision, a 28 -lot (23 buildable, 5 common) residential planned unit development. The 4.64 - acre site is located at the terminus of West Cowman Court and South Grandean Way at 701 West Cowman Court. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, Friday, September 16, 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 November 16, 2016. Revised preliminary plats were received by the city on November 23, 2016, and February 10, 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 February 6, 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 February 6, 2017. Requests for agencies' reviews were transmitted on December 21, 2016, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on February 10, 2017. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 11, 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, Page 1 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf doe Chapter 65, Idaho Code and Eagle City Code on March 8, 2017. The site was posted in accordance with the Eagle City Code on March 16, 2017. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT REQUEST FOR COMPREHENSIVE PLAN MAP AMENDMENT: The applicant is requesting the City change the Future Land Use Map designation of the 4.64 -acre site from Residential Four to Residential Five. Pursuant to the Eagle Comprehensive Plan "Amendment Procedures" the applicant shall address the following items: Any person may petition the Planning and Zoning Commission for a plan amendment at any time. The applicant shall submit a letter for a Comprehensive Plan amendment which will contain the following: 1. Specific description of the change being requested. 2. Specific information on any property involved. 3. The condition or situation which warrants a change being made in the plan. 4. The public need for a benefit from such a change in the plan. 5. A statement that no other solutions to the problem presented by the current policy of the Plan are possible or reasonable. 6. Proposed development for any land involved. 7. Any other data and information needed by the Planning and Zoning Commission in evaluating the request. G. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter, date stamped by the city on November 16, 2016, provided by the applicant's representative (attached to the staff report). H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter, date stamped by the city on November 16, 2016, provided by the applicant's representative (attached to the staff report). Page 2 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccf.doc I. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: J. K. Existing Proposed COMP PLAN DESIGNATION Residential Four Residential Five North of site Residential Four South of site East of site West of site Public/Semi-Public Residential Four Residential Four ZONING DESIGNATION R-4 (Residential) R -5 -DA -P (Residential with a development agreement - PUD) R-4 (Residential) R-4 (Residential) R-4 (Residential) R-4 (Residential) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. SITE DATA: Total Acreage of Site — 4.64 -acres Total Number of Lots — 28 Total Number of Units — 23 Residential — 23 Commercial — 0 Flex Lot — 0 Common — 5 Single-family — 23 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 3 of 34 K:\Planning Dept\Eagle Appliications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc LAND USE Single-family dwelling Single Family Residential Subdivision (4.96 units per acre) Rick's River Ridge Estates - Single Family Residential (3.4 units per acre) State Highway 44 Bypass & Wetlands associated with the highway Rick's River Ridge Estates - Single Family Residential (3.4 units per acre) Alderwood Village -Single Family Residential (4.08 units per acre) Additional Site Data Proposed Dwelling Units Per Gross Acre 4.96 -dwelling units per acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Open Space 3,060 -square feet* 36 -feet* 0 -feet* 1.92 -acres Percent of Site as Common Area 41.4% Open Space * The minimum lot size, width, and frontage may be reduced with the approval of a planned unit development (PUD). Required 4.96 -dwelling units per acre maximum (as limited within the development agreement) 8,000 -square feet 50 -feet 35 -feet 2.14 -acres 46% L. GENERAL SITE DESIGN FEATURES: Greenbelt /Pathway Areas: The Preliminary Development Concept Plan, date stamped by the city on February 10, 2017, shows a pathway located within the common area located adjacent to SH -44. Also, the applicant has provided correspondence titled, "VaLynn Village Community Benefits", which indicates the applicant is proposing to construct off-site improvements to connect the aforementioned pathway to the Rick's River Ridge Estates Subdivision pathway and the Alderwood Village Subdivision pathway. Open Space: The preliminary plat, date stamped by the city on February 10, 2017, shows a total of 1.92 -acres (not inclusive of the private road) (41.4%) of open space consisting of five (5) common lots. The open space consists of a 1.10 -acre common lot located adjacent to SH -44, one (1) common area containing a private road and landscaped area located between South Mathie Way and the eastern boundary, two (2) smaller common areas located adjacent to West Cowman Street, and a small common area located adjacent to West Grandean Way. 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 fmal 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: The preliminary plat, date stamped by the City on February 10, 2017, contains a plat note indicating that all residential lots have a 10 -foot wide public utility and drainage easement adjacent to all public right-of-way and subdivision boundary lines only. The preliminary plat also notes that Page 4 of 34 K•\Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccf.doc a 6 -foot wide drainage easement will be centered on each lot line. All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on February 10, 2017, shows two (2) fire hydrants located within the proposed development. Hydrants should be installed and approved as required by the Eagle Fire Department. The proposed development is located within the Eagle Water Company water service area. On-site Septic System (yes or no) — Yes The site contains a residential dwelling and accessory structures; the existing septic system will need to be abandoned. Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the New Dry Creek Ditch Company. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: The site contains several mature trees. 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. 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. M. STREET DESIGN: (The two [21 street sections described are based on the preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017) Private Streets: The street section for the private street shows a 20 -foot wide area inclusive of an 18 -foot wide travel lane with a 1 -foot wide ribbon curb located on each side of the street. Public Streets: The street section for public street shows a 50 -foot wide right-of-way inclusive of a 29 -foot wide roadway section (as measured from back of curb to back of curb) with two -foot (2') wide curbing, 5.5 -foot wide landscape strips, and five-foot wide separated sidewalks located on each side of the street. Blocks Less Than 500': None proposed Cul-de-sac Design: None proposed Sidewalks: Detached five-foot (5') wide sidewalks are proposed adjacent to the interior public streets (West Cowman Way, South Mathie Way and West Grandean Way). Page 5 of 34 K•\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the 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 fmal plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to fmal plat approval. N. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: See "Greenbelt/Pathways Areas" 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. O. PUBLIC USES PROPOSED: None proposed. P. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Q. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The narrative provided by the applicant, date stamped by the City on November 16, 2016, indicates that the public utilities providing services to this area are available or will be provided by the developer. The property is located within the Eagle Water Company certificated service area. R. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — Located throughout the eastern two-thirds of the site Riparian Vegetation — No Steep Slopes — No Stream/Creek Yes — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — No S. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. T. 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: Page 6 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccfdoc City Engineer: All comments within the Engineer's letters dated, January 30, 2017, are of special concern (attached to the staff report). Ada County Highway District Central District Health Eagle Fire Department Idaho Transportation Department Republic Services Tesoro Logistics NW Pipeline U. LETTERS FROM THE PUBLIC: None received to date. V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to develop the subdivision in a single phase. W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 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. Page 7 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccfdoc 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The property is currently designated in the 2015 Eagle Comprehensive Plan as "Residential Four." B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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.)GAnd H* IR -5 H35' 20' 25' 17.5' 20' 140% 117,000 1170' 8-2-4(G): All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk. • Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: c. Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty Page 8 of 34 K•\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf doc four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code, Section 8-6-2: Effects of Other Zoning Provisions: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable fmding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. Page 9 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccidoc 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. 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 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. Page 10 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc 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; 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. Page 11 of 34 KAPlanning DeptWagle Apptications''reliminary Development Plans\2016\VaLynn Village Sub ccf.doc 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 C 1 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 fmal 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 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. Page 12 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ed. doe B. Unobstructed drainageway easement 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 9-3-7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall comply with all landscape/buffer area requirements within section 8-2A-7 of this code. • Eagle City Code Section 9-3-8: Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: 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 subdivision. C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. • Eagle City Code, Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 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. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. E. DISCUSSION: • The applicant is requesting a comprehensive plan map amendment to change the Future Land Use Map from Residential Four to Residential Five. The applicant is also requesting a rezone with development agreement, conditional use permit, preliminary development plan, and a preliminary plat approval at this time. The applicant is requesting to rezone the property from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD). • Under the "Comprehensive Plan Amendment" section (Chapter 13. Section 13.7 [cl [311 within the 2015 Comprehensive Plan. the applicant must show. "the condition or situation which warrants a chance beine made in the plan." In the applicant's iustification letter. date stamped bv the City on November 16. 2016. the applicant states the followine: Page 13 of 34 K:\Planning Dept\Eagle Applications'Preliminary Development Plans \2016\VaLynn Village Sub cefdoc "The property is an infill out -parcel with numerous mature trees, most of which were planted by Mr. Mathie, the current owner, over 20 years ago. The density outlined by the City's Comprehensive Plan Land Use Map, of up to 4 dwelling units per acre, is not feasible if several of the mature trees are to be retained. The potential buyer, Roth Construction Inc., dba Roth Homes LLC, hereinafter referred to as Roth Homes, wants to preserve numerous of the mature trees due to the ambiance, which will add to the VaLynn Village infill residential community." "In order to afford to preserve several of the mature trees, and to incorporate the off-site public benefits planned by Roth (see Justification "4" below), an R-5 zoning designation is needed to allow the 23 home -sites planned in the Roth Homes design. Certainly the Comprehensive Plan Land Use Map is not the only component of the Plan and other portions, such as what we have noted herein, justifies approval of the 4.96 units per acre proposed (23 homes versus 18 homes) without changing the Land Use map. However, we do not know what the Council would ultimately prefer so we offer this land use map change application in case they choose to approve the project in that manner." "In our opinion it should be interpreted that the proposed development is in accordance with the Comprehensive Plan specifically because Page 41 of 150 of the Comprehensive Plan states within table 6.3 "Definitions of Land Use Designations", Residential Four - Maximum density of 4 units per acre, PUD's may allow higher densities on specific projects within the city's jurisdiction. This PUD preserves several mature trees, is an in -fill project, and provides compatibility with surrounding properties and the 4.96 dwelling units per acre with an R-5 zoning designation and Development Agreement would, in our view, be in compliance with the Plan. See Rezone Justification Item "C" below, where 17 more specific sections of the Plan are identified as justification for approval of the VaLynn proposal without a Land Use map amendment." • The "Comprehensive Plan Amendment" section (Chapter 13. Section 13.7 [cl [41) seeks to identify "the public benefit that would occur from such a change in the plan." In the applicant's iustification letter. date stamped by the City on November 16. 2016. the applicant provided the following: "The attached "VaLynn Village Community Benefits" document outlines numerous specific off- site improvements offered to benefit the public and City of Eagle, with an estimated cost of $250,000, all to be conditioned as a part of the PUD. Furthermore, for approximately 30 years the City of Eagle has determined it to be in the public interest to preserve as many trees as reasonably possible. The allowance of 23 homes versus 18 homes will help/assist to meet this long standing objective of the City. The only question is what method the City Council would prefer for rezoning to R-5, and if the Council believes a change of the Land Use Map is even necessary." • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 [c] [5]) the Applicant must provide "An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan". In the applicant's justification letter, date stamped by the City on November 16, 2016, the applicant provided the following: "It is our (the applicant's) opinion that current policies of the Comprehensive Plan would allow the density of 4.96 dwelling units (23 homes versus 18 homes) with an R-5 zoning designation. However, as stated previously, it is not known what manner the Council will choose for approval of the development. Certainly case law clarifies that the Comprehensive Plan is a guide, and most importantly, the Land Use Map is only "ONE COMPONENT" of a larger Plan, and is not a limiting factor within itself. This position is clear in the Idaho Court determinations. Not every development will exactly meet every section of the plan. We submit this application in case the Council believes a Land Use map amendment is worthwhile." Page 14 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \20I6\VaLynn Village Sub ccf.doc • The applicant has requested a "Residential Five" land use designation. The City's Comprehensive Plan does not currently include a "Residential Five" designation. The applicant's request while potentially feasible, would require text changes to the plan to include a defmition and description for "Residential Five." Another option would be to change the land use designation to Transitional Residential. • Staff and the Eagle is HOME comprehensive plan committee are aware of the somewhat constricting land use designations within the 2015 comprehensive plan. A comprehensive plan is intended to be a guide that allows land owners (both of vacant and adjacent land) a clear understanding of the potential intensity and use for undeveloped land. While not completed, the Eagle is Home Plan proposes to combine the existing nine residential land use designations (Residential One, Residential Two, Residential Three, etc.) into six (Large Lot, Neighborhood, Compact, etc.) to provide better flexibility, applicability, and context sensitivity when evaluating in -fill development. Additionally, staff is proposing to change the "Transitional Residential" land use designation to an overlay that can be applied to underdeveloped parcels between existing developments and on parcels that are at the convergence of two land use category. • The property is located within an area designated Residential Four as identified within the comprehensive plan and the property has an R-4 (Residential) zoning designation. As previously discussed, the applicant is requesting a comprehensive plan map amendment from Residential Four to Residential Five. In addition to the requested comprehensive plan map amendment, the applicant is also requesting a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD). The applicant has provided a preliminary development plan/preliminary plat, date stamped by the City on January 23, 2017, which contains 28 -lots (23 buildable, 5 common) with a proposed density of 4.96 dwelling units per acre. The applicant is requesting a planned unit development to seek deviations from the standard minimum dimensional requirements within the code as identified on the preliminary development plan/preliminary plat. Those items are as follows: 1) reduced setbacks, 2) 3 -residential lots that do not have the required street frontage pursuant to Eagle City Code, 3) 8 -lots that take access from a 20 -foot wide private street, 4) creation of residential lots that will require tree removal prior to a home being constructed on said lots, and 5) 5 -structures identified to be removed. • The applicant is proposing a development with lots ranging in size from 3,060 -square feet to 4,494 -square feet. The minimum lot size for lots located within the R-5 zoning district is 7,000 square feet. 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 "offsetting increase" of open space required, the minimum open space for the development is 2.60 -acres or 56% of the subject site. The applicant is requesting approval of 1.92 -acres (not inclusive of the private street) of open space (41.5%). The applicant is also proposing a dog park that may be utilized by the residents of the proposed development and the residents of the two (2) adjacent subdivisions. The applicant is also proposing to connect the pathway located within the southern portion of the site to the pathways in the two (2) adjacent subdivisions. Based on the proposed open space and amenities associated with the proposed development (including the proposed off-site improvements), staff is supportive of the open space area as proposed. Page 15 of 34 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2016\VaLynn Village Sub ccf doc The applicant is requesting to increase the maximum lot coverage allowed from 40% to 70%. The minimum lot width within the R-5 (Residential) zoning designation is 70 -feet. The preliminary development plan/preliminary plat shows the minimum lot width at 36 -feet. The request for a 36 - foot wide minimum lot width is to facilitate lot compatibility and transition to the lots within the development to the west (Alderwood Village) and to preserve a majority of the trees that are located on the subject site. The applicant's request for reduced lot sizes, reduced setbacks, increase in maximum lot coverage, and reduction of lot width may be approved with approval of the planned unit development. Item #1 Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to conform to the closest compatible setbacks within the base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a R -5 -DA -P (Residential with a development agreement — PUD) zoning designation. The required setbacks within the R-5 (Residential) zone are as follows: Front 20 -feet Rear 20 -feet Side 7.5 -feet Street Side 20 -feet Maximum Coverage 40% The applicant is requesting the front yard setback to be reduced from 20 -feet to 15 -feet (living area), the rear yard setback to be reduced from 20 -feet to 10 -feet, the side yard setback to be reduced from 7.5 -feet to 3 -feet (one and two story structures), and the street side setback to be reduced from 20 -feet to 15 -feet. The proposed setbacks as identified on the preliminary development plan/preliminary plat are as follows: Front 15 -feet living space/ 20 -feet garage Rear 10 -feet 15 -feet (north property line) Side 3 -feet (one and two story structures) 10 -feet (boundary lines) Street Side 15 -feet The approved setbacks for the previously approved Alderwood Village are as follows: Front 15 -feet Rear 20 -feet Interior Side 6 -feet Street Side 15 -feet Rear lot accessed garages 24 -feet Front entry garages (Lots 4-7, Block 1) 20 -feet Although the rear setback within Alderwood Village is 24 -feet, it should be noted that the area between the rear property line and the structures contains a 20 -foot wide cross -access and utility easement. The rear setback proposed by the applicant will provide more space between the alley and structure than what was approved for the original Alderwood Village. Also, the applicant is proposing a front setback of 20 -feet for front loaded garages. The proposed side setback of 3 -feet (one and two stories) is comparable to the setbacks within Paddy Row Subdivision located within downtown Eagle. Page 16 of 34 K \Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccfdoc It is staffs opinion that, based upon the proposed varied lot sizes, the applicant's requested setbacks and lot coverage should be approved as follows: Front 15 -feet living space/ 20 -feet garage Rear 10 -feet 15 -feet (north property line) Side 3 -feet (one and two story structures) 10 -feet (boundary lines) Street Side 15 -feet Maximum Lot Coverage 70% Item #2 The preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, shows Lots 4-6, Block 1, not having street frontage on a public or private street. Pursuant to Eagle City Code Section 8-2-4(1), the portion of a lot front adjacent to a public or private street, for all residential zoning districts shall be 35 -feet. It should be noted that garages for these lots are alley loaded and the lots are fronted by a common lot. Based on the lots being alley loaded, staff is supportive of the Lots 4-6, Block 1, not being fronted by a public or private street. Item #3 The preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, shows eight (8) lots taking access from a 20 -foot wide street located within a private road easement located within Lot 8, Block 2. The street cross section shown on the preliminary development plan/preliminary plat identifies the 20 -foot wide street as having rolled curbing located on each side of the street. Pursuant to Eagle City Code Section 9-3-2-5(B)(2), vertical curbing is required for streets less than 34 -feet in width. Should the private streets be approved, the applicant should provide a revised preliminary development plan/preliminary plat containing a typical street section showing the private street to be bordered by vertical curbing prior to submittal of a fmal plat application. The street section does not show sidewalks located on either side of the street. 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 9-3-2-5(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. In this case, and at a minimum, a sidewalk or pathway should be provided within the common area located across the private street from the homes. The applicant should provide a revised preliminary development plan/preliminary plat showing a separated sidewalk to be located within the common lot (Lot 8, Block 2) across the private street from Lots 4-7 and Lots 9-12, Block 12. The revised preliminary development plan/preliminary plat should be provided prior to submittal of a final plat application. The preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, shows the 20 -foot wide private street within an easement located within Lot 8, Block 2. Pursuant to Eagle City Code Section 9-3-2-5, the location of the private street is required to be clearly depicted on the face of the plat. Since the private street is shown to be located within the overall common area, it will not be clearly identified on the fmal plat. Also, since only eight (8) residential lots will be taking access from the private street it is unknown who will be responsible Page 17 of 34 K•\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf doc for the operation and maintenance of the private street. The applicant should be required to provide a provision within the CC&Rs for the operation and maintenance of the private street. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing the private street located within a separate common lot (separate from Lot 8, Block 2). The revised preliminary development plan/preliminary plat and CC&Rs (providing for the operation and maintenance of the private street) should be provided prior submittal of a final plat application. Plat note #15 of the preliminary development plan/preliminary plat states, "Lots 4-7, 9-12, Block 2 shall take access from the driveway access easement shown on Lot 8, Block 2." Should the Council approve the design of the private streets (with the exception of the proposed standard rolled curbs), the applicant should provide a revised preliminary development plan/preliminary plat with plat note #15 revised to contain 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 development plan/preliminary plat should be provided prior to submittal of a fmal plat application. The Eagle Fire Department provided correspondence, date stamped by the City on February 15, 2017, which indicated that the fire department is not supportive of private streets less than 26 -feet in width due to the concern that illegal parking cannot be enforced by the Eagle Police Department or the Eagle Fire Department. The fire department indicated that public streets do not pose the same concern since parking enforcement by a public agency is allowed. If a 20 -foot wide private street is approved, the Eagle Fire Department indicated that both sides of the private street shall be posted with approved "No Parking -Fire Lane" signs. The locations and styles of signs should be approved by the Eagle Fire Department prior to posting of the signs. The "No Parking -Fire Lane" signs should be posted prior to the City Clerk signing the final plat. Item #4 The site contains several mature trees. Based upon the locations of the trees, some will need to be removed to accommodate the construction of the private street and some of the homes within the subdivision. The applicant should be required to provide an arborist analysis of the existing trees and provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. The applicant should provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. Item #5 The preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, identifies that the existing residence and several accessory structures are proposed to be removed. The applicant should obtain demolition permits from the City of Eagle Building Department and remove the structures prior to the City Clerk signing the fmal plat. • The applicant submitted correspondence identified as, "VaLynn Village Community Benefits", date stamped by the city on November 16, 2016, which identifies the following considerations: 1) a request for an increase in density from R-4 (Residential) to R-5 (Residential) , 2) reduction in lot sizes to accommodate the retention of existing mature trees, and 3) an increase of the slope of the landscaping berm along the SH44 frontage from 3:1 to 2:1. The applicant is proposing several off- site improvements to mitigate the three (3) aforementioned considerations. Those items include: 1) connecting the required landscape berm along SH44 to the existing landscaped berms located Page 18 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc within Rick's River Ridge Estates Subdivision to the east and to the Alderwood Village Subdivision to the west, 2) extend tiling the Ballantyne Irrigation Ditch through Rick's River Ridge Estates Subdivision and the subject property, 3) remove the vinyl fence located between the Alderwood Village Subdivision common area and the subject property to allow for construction of a dog park, 4) clean up and prune the landscaping located on the Alderwood Village Subdivision landscaped berm located adjacent to SH -44, 5) pipe the irrigation ditch located adjacent to the north property line and landscape the area with sod, 6) extend the existing sidewalk located on Lot 8, Block 3, Rick's River Ridge Estates Subdivision through the subject site providing a connection to the sidewalk located within the Alderwood Village Subdivision common area and provide gates as needed, and 7) seal coat the shared alley located between Alderwood Village Subdivision and the proposed development. Typically, the city does not require off-site improvements, however, in this case the applicant is proposing the off-site improvements to allow for the requested density, reduction of lot sizes, and increase of the slope associated with the landscaping berm. In the event the Commission recommends approval and the Council approves the rezone request, the off-site improvements (proposed by the applicant) should be required as conditions of development within the development agreement. In regard to the proposed 2:1 slope for the landscaped berm located adjacent to SH -44, the applicant should be required to submit a Design Review Alternative Method of Compliance application with the Design Review application. The Design Review Alternative Method of Compliance and Design Review applications should be reviewed and approved by the Design Review Board prior to submittal of a fmal plat application. • The preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, shows a proposed public street cross-section with 5.5 -foot wide planter strips located on each side of the street. Pursuant to Eagle City Code Section 9-4-1-6(F)(3) sidewalks are to be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The applicant should be required to provide a revised preliminary development plan/preliminary plat with a public street cross-section showing a minimum eight foot (8') wide landscape strip located between the roadway and detached sidewalk on both sides of the street. The revised preliminary development plan/preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note #3 of the preliminary development plan/preliminary plat, date stamped by the City on February 10, 2017, states "10' utility and drainage easement abut all public right-of-way and subdivision boundaries only. A 6' drainage easement will be centered on each lot line." Pursuant to Eagle City Code Section 9-3-6, unobstructed utility and drainage easements with an easement width of 12 -feet (except lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development) are required along all front and rear property lines. The applicant has requested a minimum rear setback for the residential areas to be 10 -feet in width. The applicant should be required to provide a revised preliminary development plan/preliminary plat with plat note #3 revised to state, "A 12' utility and drainage easement shall abut all public rights-of-way and private street common lot. A 10' utility, drainage, and pressure irrigation easement shall be located adjacent to all rear lot lines and subdivision boundaries. A 6' drainage easement will be centered on each interior side lot line." The revised preliminary development plan/preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note #9 of the preliminary development plan/preliminary plat, date stamped by the city on February 10, 2017, states, "Sanitary sewer will be provided by city sewer." Sewer service is provided by the Eagle Sewer District. The applicant should provide a revised preliminary development plan/preliminary plat with plat note #9 revised to state, "Sanitary sewer will be provided by the Eagle Sewer District." The revised preliminary development plan/preliminary plat Page 19 of 34 K:'Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccf.doc should be provided prior to submittal of a final plat application. • There is an existing residential dwelling located within the subject site which was served by an individual well and septic system. The preliminary plat, date stamped by the City on February 10, 2017, delineates an existing well located on-site, however, the preliminary development plan/preliminary plat does not identify the location of a septic system. Based on the well location shown it appears the well is located within Lot 5, Block 2. The applicant should be required to provide documentation from Central District Health Department indicating the individual well and septic system located on the site have been properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. • The preliminary development plan/preliminary plat, date stamped by the City on February 10, 2017, does not contain a plat note referencing the development agreement associated with the rezone (application #RZ-14-16) of the property. The applicant should provide a revised preliminary development plan/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-14-16 and any 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 February 10, 2017, delineates an area located within the site that has overhead power lines. Pursuant to Eagle City Code Section 9-4-1-8, underground utilities are required. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. • The preliminary plat, date stamped by the City on February 10, 2017, does not contain a plat note regarding a pressurized irrigation. The applicant should provide a revised preliminary development plan/preliminary plat with a new plat note which states, "A pressurized irrigation system shall be maintained and operated by the VaLynn Village Subdivision Homeowners Association." The revised preliminary development plan/preliminary plat should be provided prior to submittal of a final plat application. • During the public hearing process for Alderwood Village Subdivision No. 2, the residents of Alderwood Village Subdivision No. 1 voiced concerns in regard to construction traffic associated with the development of the new subdivision utilizing the existing private alley for access. It is anticipated the residents of Alderwood Village Subdivision No. 1 will have similar concerns regarding the private alley located adjacent to the subject property. All traffic associated with the construction of VaLynn Village Subdivision infrastructure and homes should be prohibited from utilizing the alley located adjacent to the western boundary of the subdivision. Also, during the subdivision construction period the applicant should place signage located at each end of the alley indicating the alley is for private use only and no construction traffic is permitted. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends that in the event the Commission or Council determines a comprehensive plan map amendment is warranted to allow for the proposed density of the project, then a Transitional Residential designation should be approved since a Residential Five designation is not identified in the comprehensive plan. Also, based upon the information provided to date, staff recommends approval of the rezone with development agreement, conditional use permit, preliminary development plan and preliminary plat with conditions of approval as provided within the staff report. Page 20 of 34 K•\Planning Dept\Eagle Applications\Prelminary Development Plans\2016\VaLynn Village Sub ccf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their recommendation on February 21, 2017, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by five (5) individuals who voiced the following concerns: • The proposed density is too high for the area. • The proposed development should be designed to not exceed four units per acre. • There will be an increase of traffic through Cowman Court. • Traffic exiting the proposed development will directly impact a residence located across from Cowman Court. • There may be a potential of cars speeding on the streets surrounding the development. • The applicant should be required to take access from SH -44. • The sound from the increased traffic in the area will impact the adjacent neighbors. • The proposed improvements only benefit the residents of the proposed development. • The applicant should be required to construct a sound barrier between SH -44 and Rick's River Ridge Estates Subdivision in its entirety. 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 inquired about the timing of the development. COMMISSION DELIBERATION: (Granicus time 1:28:27) Upon closing the public hearing, the Commission discussed during deliberation that: • They are supportive of the property having a Transitional Residential comprehensive plan map designation. • Traffic calming should be addressed. • Any traffic calming measures proposed will need to be approved by ACHD, Eagle Fire Department, and possibly the Eagle Sewer District. • The proposed development may not have as many children as a standard R-4 (Residential) development. • An access to SH -44 should not be permitted. • The proposed density is only five (5) lots more than an R-4 (Residential) density. • Cowman Court was designed to be extended to provide access to the subject property. • Typically, cul-de-sacs have a house located at the terminus; Cowman Court does not so the residents residing on Cowman Court should have been aware the street would be extended in the future. • The offsite improvements proposed by the applicant are appropriate. • The comprehensive plan is a guide as it relates to density. Page 21 of 34 K:\Plenning Dept\Eagle Applications\Preliminmy Development Plans\2016\VaLynn Village Sub cc£doc • The applicant should be permitted to have six foot (6') wide planter strips located adjacent to the public street provided the applicant is required to utilize root barriers adjacent to the sidewalk and curb. • The applicant should be permitted to utilize the Alderwood Village Subdivision private alley for deliveries of building materials for the future homes to be constructed within the proposed development. COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT: The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of CPA -02-16 for a comprehensive plan amendment to Transitional Residential for Roth Homes. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of RZ-14-16 (Concept Plan — Exhibit "B") for a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD) with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document dated March 6, 2017. COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of VaLynn Village Subdivision for Roth Homes, with the site specific conditions of approval and standard conditions of approval as provided within their fmdings of fact and conclusions of law document dated March 6, 2017. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the Eagle City Council on March 28, 2017. The Council made their decision at that time. B. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by no one. D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Eagle City Council by one (1) individual regarding the proposed dog park. The individual voiced concerns regarding hours of operation, clean up, and loose dogs associated with the dog park. COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN AMENDMENT: The Council voted 4 to 0 to approve CPA -02-16 for a comprehensive plan map amendment from Residential Four to Transitional Residential for Roth Homes. COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve RZ-14-16 (Concept Plan — Exhibit "B") for a rezone from R-4 (Residential) to R -5 -DA -P (Residential with a development agreement — PUD) with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement: 3.1 The maximum density for /the Property shall be 4.96 -dwelling units per acre (23 -dwelling units). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant 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 Page 22 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc 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 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. 3.4 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, private streets, 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 and that the homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) 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. (c) All residential structures shall require Architectural Control Committee (ACC) approval prior to the issuance of any building permits to assure that the homes are designed to be compatible and consistent with the "Arts and Crafts, Mission Revival, and Mediterranean" theme of the development. (d) 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 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. 3.6 The single-family dwellings shall be constructed utilizing "Arts and Crafts, Mission Revival, and Mediterranean" style architecture (Exhibit D). 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 fmal 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. Page 23 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccfdoc 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.8 Owner shall provide a detailed arborist report and an existing 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 that do not encroach upon the buildable lots or development infrastructure areas shall be preserved, unless otherwise determined by the Design Review Board or City Council. 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 or City Council) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.10 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if appl icable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.11 Owner shall extend the landscaped berm located within Rick's River Ridge Estates Subdivision (Lot 10, Block 3) through the Property and connecting to the landscaped berm located within Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The landscaped berm shall be completed prior to the City Clerk signing the final plat. 3.12 Owner shall tile the Ballantyne irrigation ditch located within Ricks River Ridge Estates Subdivision (Lot 10, Block 3) and through the Property. Owner shall provide correspondence from the Ballantyne Irrigation Company approving the completed construction prior to the City Clerk signing the fmal plat. 3.13 Owner shall work with the Alderwood Village Subdivision No. 1 Homeowner's Association in regard to constructing a dog park to be located within the Property and on Lot 15, Block 2, Alderwood Village Subdivision No. 1. In the event an agreement is reached, Owner shall submit a design review application to be reviewed and approved by the Design Review Board prior to commencement of construction. The dog park shall be completed prior to the City Clerk signing the final plat. 3.14 Owner shall clean up and prune the landscaping located on the Alderwood Village Subdivision No. 1 (Lot 15, Block 2) landscaped berm located adjacent to SH -44. The clean-up and pruning shall be completed prior to the City Clerk signing the fmal plat. 3.15 Owner shall tile the irrigation ditch located adjacent to the north property line and landscape the area with sod prior to the City Clerk signing the final plat. Page 24 of 34 KAPlanning Dept Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccf.doc 3.16 Owner shall extend the existing sidewalk located within Rick's River Ridge Estates Subdivision (Lot 10, Block 3) through the Property and provide a connection to the sidewalk located within Alderwood Village Subdivision No. 1 (Lot 15, Block 2). The sidewalk connection shall be completed prior to the City Clerk signing the final plat. 3.17 As part of the shared alley access maintenance requirement stated in Note 9 of the Alderwood Village Subdivision final plat (Ada County instrument #104017745), Owner shall seal coat the shared alley after completion of construction, at the sole cost of the Owner due to anticipated construction impacts, prior to the City Clerk signing the fmal plat. COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve VaLynn Village Subdivision (CU-08-16/PPUD-03-16/PP-08-16) (Preliminary Plat — Exhibit "A") for Roth Homes, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council: 1. Comply with all conditions within the development agreement for rezone application RZ-14-16. 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 upon receipt of an invoice by the city or prior to the City Clerk signing the fmal plat, whichever occurs first. 4. Provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior to submittal of a final plat application. 5. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within a 6 -foot wide landscape strip, with ACHD approved root barriers, between the 5 -foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 6. In regard to the proposed 2:1 slope for the landscaped berm located adjacent to SH -44, the applicant shall be required to submit a Design Review Alternative Method of Compliance application with the Design Review application. The Design Review Alternative Method of Compliance and Design Review applications shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 7. All living trees that do not encroach upon the buildable lots or development infrastructure areas 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 fmal plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 25 of 34 K:'Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccEdoc 8. The required setbacks shall be as follows: Front 15 -feet living space/ 20 -feet garage Rear 10 -feet 15 -feet (north property line) Side 3 -feet (one and two story structures) 10 -feet (boundary lines) Street Side 15 -feet Maximum Lot Coverage 70% 9. Provide a recorded legal contract between the Alderwood Village Homeowner's Association and VaLynn Village Homeowner's Association acknowledging Note 9 of the Alderwood Village Subdivision final plat (Ada County instrument #104017745) requiring proportionate shared maintenance costs and permitting cross-acces over the alley easement for VaLynn Village Subdivision. The agreement shall specify that the proportionate share of maintenance costs of the shared alley shall be 50% from each association. Provisions regarding this condition shall also be included within the VaLynn Village Subdivision CC&Rs. 10. Provide a revised preliminary development plan/preliminary plat with plat note #3 revised to state, "A 12' utility and drainage easement shall abut all public right-of-way and private street common lot. A 10' utility, drainage, and pressure irrigation easement shall be located adjacent to all rear lot lines and subdivision boundaries. A 6' drainage easement will be centered on each interior side lot line." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary development plan/preliminary plat with plat note #9 revised to state, "Sanitary sewer will be provided by the Eagle Sewer District." The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary development plan/preliminary plat with plat note #14 revised to state, "Lots 1, 3, &15, Block 1 and Lots 8 & 13, Block 2 shall be common area lots and shall be owned and maintained by the VaLynn Village Homeowner's Association. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a final plat application. 13. The design of the private streets (including the ribbon curbs) is annroved. tThe applicant shall provide a revised preliminary development plan/preliminary plat with plat note #15 revised to contain the following information: 1) conveys to each lot owner abutting the private street, which are 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 development plan/preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary development plan/preliminary plat showing the private street located within a separate common lot (separate from Lot 8, Block 2). The revised preliminary development plan/preliminary plat shall be provided prior submittal of a final plat application. 15.. • :.: • _ . ' _ • _ . _ .... _:, The cross section submitted, as shown on the preliminary plat, (date stamped by the city on February 10, 2017) is approved. 16. Provide a revised preliminary development plan/preliminary plat with a public street cross-section showing a minimum six foot (6') wide landscape strip located between the roadway and detached sidewalk on both sides of the street. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a final plat application. Page 26 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2016\VaLynn Village Sub ccf doe 17. Post both sides of the private street with "No Parking -Fire Lane" signs. The locations and styles of signs shall be approved by the Eagle Fire Department prior to posting of the signs. The "No Parking - Fire Lane" signs shall be posted prior to the City Clerk signing the final plat. 18. Provide a revised preliminary development plan/preliminary plat with a new plat note that states, "The pressurized irrigation system shall be maintained and operated by the VaLynn Village Subdivision Homeowners Association." The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 19. The applicant shall provide a revised preliminary development plan/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-14-16 and any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 20. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 21. Provide documentation from Central District Health Department indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on-site. Upon abandonment, the applicant shall provide documentation from Central District Health Department indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 23. VaLynn Subdivision shall remain under the control of one Homeowners Association. 24. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 -Permit prior to submittal of a fmal plat application. Should a 404 -Permit be required a copy of the fmal approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application. (ECC 10-1-9[A][2][c]) 25. All plat notes that are required on the preliminary development plan/preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 26. All construction traffic associated with the construction of VaLynn Village Subdivision infrastructure and homes (except for delivery of building materials and for the extension of utilities located within the Alderwood Village Subdivision utility easement located within the alley) shall be prohibited from utilizing the alley located adjacent to the western boundary of the subdivision. 27. During the subdivision construction period (including the home construction duration), the applicant shall place signage located at each end of the alley indicating the alley is for private use only and no construction traffic is permitted. 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 fmal 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 Page 27 of 34 K:\Planning DeptWagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ecf.doc necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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 fmal plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the fmal plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the fmal 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 fmal 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 Page 28 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the fmal 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. 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 provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the fmal 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 fmal plat. A restrictive covenant must be recorded and a note on the face of the fmal plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the fmal plat. Page 29 of 34 KAPlanning Dept\Eagle Applications\Preliminary Development Plans12016\VaLynn Village Sub ecf.doc 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. 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 Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Recreation Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by 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 fmal plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a fmancial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 30 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf doe 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada. County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall 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. 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. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment (CPA -02-16) and based upon the information provided concludes that the proposed comprehensive plan map amendment to Transitional Residential is appropriate because: The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." Because sewer and water are immediately available to the site, there will be no requirement to extend these services and no additional costs to do so, other than by those who will develop the properties. The comprehensive plan map designation of Transitional Residential will allow for lot sizing to provide a transition of lots sizes that will be commensurate with the adjacent properties. Significant safeguards for the eventual development of the site are contained within and the development agreement for the site. 2. The Council reviewed the particular facts and circumstances of this proposed rezone with development agreement (RZ-14-16) 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 R -5 -DA -P (Residential with a development agreement — PUD) is consistent with the Transitional Residential 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 R -5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the R-4 (Residential) zone and land use to the north since that area is developed with a Page 31 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf doc residential subdivision (Ricks' River Ridge Estates Subdivision) and the proposed development will be compatible with the adjacent subdivision since it only has one (1) buildable lot located adjacent to the northern boundary; d. The proposed R -5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the R-4 (Residential) zone and land use to the south since SH -44 is located south of the proposed development and the applicant will be required to provide a landscaped berm to buffer the proposed development from the state highway; e. The proposed R -5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the R-4 (Residential) zone and land use to the east since that area is developed with a residential subdivision (Ricks' River Ridge Estates Subdivision) and the proposed development will be compatible with adjacent subdivision since the proposed development contains three (3) buildable lots located adjacent to four (4) buildable lots located within the existing subdivision; f. The proposed R -5 -DA -P (Residential with a development agreement — PUD) zone is compatible with the R-4 (Residential) zone and land use to the west since that area is developed with a residential subdivision (Alderwood Village Subdivision) with a density that is compatible with the proposed subdivision; g. 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. 3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-08-16/PPUD-03-16/PP-08-16) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed time schedule for development of the site will occur in a timely manner. The proposed time schedule for development of the site is proposed to commence with infrastructure construction in mid -2017 with vertical construction to start in the spring of 2018. The project is anticipated to be built in a single phase. b. That the applicant provided documentation to show that they have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. The property is under contract for purchase by Roth Homes, who will develop the lots and build homes within the development. Within the city, Roth Homes have successfully developed Alderwood Village Subdivision (located adjacent to the proposed subdivision) and Paddy Row Subdivision located on South 2nd Street. c. 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. The proposed development will provide a housing type that has proven demand within the city. The proposed development will advance the general welfare of the community and neighborhood since it is designed to be in conformance with the Comprehensive Plan. d. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The subdivision is proposed to be developed in a manner that is harmonious with existing uses in the immediate vicinity. The development consists of single-family residential dwellings. The development will have common lots that preserve several mature trees and include a picnic area, Page 32 of 34 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub cddoc benches, pathways, dog park, SH -44 buffering, and extensive landscaping. e. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental existing of future neighborhoods. f. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by an internal network of internal private and public streets with stubbed right-of-way from the east and west for neighborhood connectivity. 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. g. All central services are either available to the site or will be as conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense. The tax revenue generated from the homeowners within Subdivision will offset additional costs to public services that will serve this development. ACRD, Eagle Fire, Eagle Sewer District, Republic Services and Eagle Water Company have reviewed the proposed development and indicate that capacity exists to adequately serve this development. h. That the development will not create excessive additional requirements at public cost for public facilities and services. J• 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. 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 41.48% of dedicated open space with a picnic area, benches, preservation of several mature trees and pathways. Even though the percentage of open space is double that of the 20% required it falls short by 11,644 square feet due to the smaller lots needing to be offset with an equal amount of open space. In lieu of providing additional on-site required open space the applicant will retain several of the mature trees on-site and provide several offsite improvements (i.e. tiling the Ballantyne Ditch, provide a dog park, and extend the landscape berm located adjacent to SH -44 and within Rick's River Ridge Subdivision). That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access is to the development is provided via two (2) public streets which were stubbed to this site from the east and west. k. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Page 33 of 34 K:\Planning Dept\Eagle ApplicationsTreliminary Development Plans\2016\VaLynn Village Sub ccfdoc No historic features exist. However, the applicant is proposing to retain several of the mature trees in order to preserve the natural and scenic significance of the tree canopy. 1. 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 proposed development is in accordance with the Comprehensive Plan (as amended) Land Use Map designation of Transitional Residential and the proposed development will contain a mix of lot sizes which will provide a transition to the adjacent subdivisions. m. 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 for a development agreement and a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include single-family residential units with lot layout as shown on the preliminary development plan. n. 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. Single family residential is the only use approved for this development. The proposed development is designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned Unit Development, "Objectives" therein. Specifically, the smaller lot sizes and design of the private street serving eight (8) lots are deviations from code all in order to preserve several existing trees. Lastly, a 2 to 1 sloping berm will be needed along State Highway 44 due to the constraints of the Ballantyne Ditch and narrowness of the open space area. DATED this 11th day of April, 2017 CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon . Bergmann, Eagle City 1 lerk ,,,,,,,ana.,,,,, 0 of EAG,, `�QORAT ms's • O *= • Cl/ dip••• CV4• 9 I Page 34 of 34 K \Planning Dept\Eagle Applications\Preliminary Development Plans\2016\VaLynn Village Sub ccf.doc 14C/NTY MAP ors) DEVELOPMENT TEAM: 7 I • 107COMO 701¢ OOr. 0 IMO COLLOPIANM S 14 S 7130 SAO., COAL. 0 alas SITE INFO: Ova CCOL SWOON 1030.000 ST W,� y a71• LAM SURVET012 .3300 SAIVEONC,430 2b02094 n alto 20F81I-7313 TOTAL P4 4.44 K COs 0IVILA 4070 4 rs an .rAn 1123101111141. IOM al 70144 IOM 70 sin 2070/330¢ 4110406 500 A-5 4ROMs20 SSMOx1 2304: 13. mates SCE r OM Wee IO Ina& SM.* .r ae WA AMA WA TO 1077 MOO oA4ur: 10• /as N I& 7 L0 004 4 Ir 30E /ISO: M 1110141 NO 0VO SA. 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I1PIR>aVO4OV r 5110 SCOW, 61018 1ANO SLR 11G '"%7.15-Y,6‘ Ases PRELIMINARY PLAT OF VWLYNN VILLAGE SOBO/V/SION SBL: S, T. 4 N., R .1 S.,B.Y. 8.7600 / 411-00-20-00-0300 RY0 RECEIVED & FILED CITY OF EAGLE FEB 2 1 2017\ VaLynn Village by Roth Homes