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Findings - PZ - 2018 - A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17 - Annexation, Rezone With Da, Cup, Preliminary Development Plan And Pp For Brookway SubdivisionBEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ANNEXATION, REZONE WITH DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR BROOKWAY SUBDIVISION FOR TRILOGY IDAHO FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-02-17/RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17 The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on January 16, 2018, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Trilogy Idaho, represented by Kent Brown, is requesting an annexation, rezone from RUT (Residential -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Brookway Subdivision, a 122 -lot (105 -buildable, 17 -common) residential planned unit development. The 61.34 -acre site is generally located on the west side of North Lanewood Road, approximately 1/2—mile north of the intersection of North Lanewood Road and West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 P.M., Wednesday, October 18, 2017, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on October 30, 2017. A revised preliminary plat was provided on December 6, 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 December 29, 2017. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on December 26, 2017. Requests for agencies' reviews were transmitted on November 7, 2017 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 6, 2018. D. HISTORY OF PREVIOUS ACTIONS: N/A E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 26 K:\I'lanning Dept \Eagle Apphcauons\I'relunmary Doelopmcnt flans\20ITBrookway Sub pzLJoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Residential Two RUT (Rural -Urban Transition — Ada County Designation) Proposed No Change R -2 -DA -P (Residential with a development agreement) North of site Residential Two RUT (Rural -Urban Transition — Ada County Designation) South of site Residential Two R -3 -DA -P (Residential with a development agreement — PUD) East of site Residential Two R2 (Ada County Designation) West of site Residential Two RUT (Rural -Urban Transition — Ada County Designation) LAND USE Single Family Residence/Agricultural Residential Subdivision Agriculture Single Family Residential (Lilac Springs Subdivision) Agriculture Agriculture G. DESIGN REVIEW OVERLAY DISTRICT: NOT IN THE DDA, TDA, CEDA, OR DSDA. H. SITE DATA: Total Acreage of Site — 61.34 -acres Total Number of Lots — 122 Residential — 105 Commercial — 0 Industrial — 0 Common — 17 Total Number of Units - 105 Single-family - 105 Duplex 0 Multi -family -- 0 Total Acreage of Any Out -Parcels - 0 Page 2 of 26 K:\Planning Dept\Eagle Applications\Preliminary Doelopment Plans\2017Wrookway Sub pzldoc ADDITIONAL SITE DATA Dwelling Units Per Gross Acre Minimum Lot Size PROPOSED REQUIRED 1.71 -dwelling units per acre 16,838 -square feet Minimum Lot Width 84 -feet Minimum Street Frontage 35.5 -feet Total Acreage of Common Area 12.66 -acres (not inclusive of the planter strip area) Percent of Site as Common Area 20.6% I. GENERAL SITE DESIGN FEATURES: 2.00 -dwelling units per acre (maximum) pursuant to the comprehensive plan. 17,000 -square feet (minimum) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). An offsetting increase of the same percentage in open space has been provided. 75 -feet 35 -feet 12.27 -acres minimum 20% Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Landscape Screening: The preliminary plat, date stamped by the city on December 6, 2017, shows a 35 -foot wide common lot located adjacent to North Lanewood Road (collector). The preliminary plat landscape plan, date stamped by the city on October 30, 2017, shows a 35 -foot wide buffer area with a 5 -foot high berm located adjacent to North Lanewood Road (collector). Open Space: A total of 12.66 -acres of open space is proposed. The common areas are proposed to contain the required buffer area located adjacent to N. Lanewood Road. The remaining open space areas are inclusive of a sports court (basketball), playground area with a tot lot, pathways providing connectivity throughout the development, irrigation pond, and the Dry Creek Canal. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be Page 3 of 26 K:\I'lannmg Dept \I agl. Applications\Prclunmary Ik clopmcnt Plans\2017\13rookway Sub pzl.doc developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no): Yes Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: Public The preliminary plat, date stamped by the city on December 6, 2017, shows three (3 street sections associated with the proposed development. The street section associated with the local streets within the development shows a 37 -foot right-of-way inclusive of a 33 -foot travelway (measured from back of curb to back of curb). The right-of-way is also inclusive of the 2 -feet of the 8 -foot planter strip located on each side of the street. The remaining 6 -feet of the planter strip and the 5 -foot sidewalks are located within the individual lots. The street section associated with West Estuary Street shows a 60 -foot right- of-way inclusive of two (2), 22 -foot travelways (measured from back of curb to back of curb), inclusive of a 12 -foot landscape island. The right-of-way is also inclusive of the 2 -feet of the required 8 -foot planter strip located on each side of the street. The remaining 6 -feet of the planter strip and the 5 -foot sidewalks located on each side of the street are located within the common lots. The street section associated with North Lanewood Road shows an expansion of the west lane to 23 -feet in width (measured from centerline to back of curb), an expansion of the right of way to 35 -feet in width from the centerline to the western edge of the sidewalk, and an 8 -foot planter strip. The street section also shows a 5 -foot wide sidewalk with 1 -foot of the sidewalk located outside of the right-of-way. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Cul-de-sac Design: Two (2) cul-de-sacs are proposed: • North Foudy Place: 170 -feet in length, 45 -feet in radius (outside of landscape island) • North Nordic Place: 390 -feet in length, 45 -feet in radius (outside of landscape island) Sidewalks: Detached five-foot (5') wide sidewalks abutting the planter strips located on both sides of all interior roadways are proposed to be located outside of the right-of-way. Detached five-foot sidewalks are also proposed along the west side of North Lanewood Road. A portion of the sidewalk (one -foot [1'1) along North Lanewood Road is proposed to be located outside of the right-of-way. Page 4 of 26 K:\I'lannmg Dcpt\Iiaglc Applications\I'rcWninary Development flans\2017\Brookv.ay Sub prfdoc Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the city on December 6, 2017, shows several pathways providing inner connectivity are proposed to be located within the common Tots. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — None Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — Located in proximity to the two (2) existing dwellings Riparian Vegetation — No Steep Slopes — No Stream/Creek — Yes — Dry Creek Canal located adjacent to the north property line Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not Required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated December 11, 2017 (2nd Review), are of special concern (attached to the staff report). Page 5 of 26 K:\Planning Dept\L•aglc Appkauons\I'rclimmary Development Plans \2017\Brookway Sub pzf.doc City Water Supervisor: Storage and Trunk Line (STL) Fee Waiver Request -- Memo approving waiver to delay payment of Eagle Municipal Water STL fees, dated December 18, 2017 (attached to the staff report). Ada County Highway District Andeavor (formerly known as Tesoro NW Pipeline) Boise River Flood Control District #10 Central District Health Department Community Planning Association of Southwest Idaho (COMPASS) Eagle Fire Department Idaho Department of Environmental Quality Idaho Transportation Department New Dry Creek Ditch Company Republic Services Q. LETTERS FROM THE PUBLIC: None received to date. U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The phasing plan, date stamped by City on October 30, 2017, shows the development to be constructed in five (5) separate phases. The applicant has not provided a time schedule for development of the site. U. 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. Page 6 of 26 K:\I'lannmg Dept\Eagle Appbcations\I'reWnmary Doelopmcnt I'lans\2017\Brook%ay Sub p-r.Iidoc 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R -E). Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R -4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C -2 -DA), indicates that the zoning was approved by the Page 7 of 26 K:\I'lanning Dept \Eagle Applications\Preliminary De\clopmcnt flans\2017\Braokway Sub p-r.I:doc city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning District Minimum Yard Setbacks Minimum Note Conditions A To E* t Iaximum Lot Area Lot (Acres Or Maximum Front Rear Interior Street Covered F Square Height Side Side And J* Feet) H* Minimum Lot Width I* Ej R-2 35' 30' 30' 10' 20' 40% 17,000 75' B. Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7 (J)(4)(a-b): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted • Eagle City Code Section 8-6-2: Effects of Other Zoning: 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. Page 8 of 26 K: Planning Dept\Eagle Appbcauons\1'rebminary Development flans\2017\Brookway Sub pildoc B. In addition to the requirements of this chapter, planned unit developments shall also be subject to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land Subdivisions", of this code. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the Council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. Page 9 of 26 K:\I'lanning Dept\Eagle Applications\I'rclunmary Development flans\2017\Brookw•ay Sub pzl.Joc • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "Administrator" (as defined by Section 9-1-6 of this title, or his/her representative, hereinafter referred to as "Administrator"). After installation and acceptance by the Administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. Page 10 of 26 K:\I'lannmg Dept\Eagle Appficatiomii'relunmary Development flans\21117\Brookway Sub pri doc • Eagle City Code Section 9-8-4-2: Site Development Plan: The developer shall provide a colored rendering to adequate scale to show the completed development that will include at least the following: A. Architectural style and building design; E. DISCUSSION: • The preliminary plat, date stamped by the city on December 6, 2017, shows three (3) existing dwellings and several accessory structures located within the site. The preliminary plat also shows that several of the structures will be located across property lines, in close proximity to property lines, or across pressurized irrigation lines. The preliminary plat identifies the structures are to be removed. Based on the location of the existing structures the applicant should be required to obtain a demolition permit from the Eagle Building Department to remove the structures. The structures should be removed prior to the City Clerk signing the final plat. The existing dwellings are served by individual potable wells and septic systems. The preliminary plat does not identify the location of the individual well or septic system of one of the existing dwellings. The applicant should be required to provide documentation from the subdivision contractor indicating the potable wells and septic systems previously located on the site were properly abandoned. The documentation should be provided prior to the City Clerk signing the final plat. • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency Residential Customer (ERC) an ERC is equivalent to each residential buildable lot. The applicant has submitted a request for waiver to the City of Eagle Water Department, date stamped by the city on October 28, 2017, to delay paying the required STL fee. The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. Based on 105 - lots, the total STL fee required for the subdivision is $220,500.00. The applicant received approval from the City of Eagle Water Department (of the waiver request) on December 18, 2017. The STL fees is to be paid on a sliding scale the first installment to be paid at the time of submittal of the preliminary plat application and the remaining amount be paid at the time of final plat application. The STL fees to be paid at the time of preliminary plat for the subject subdivision is based upon the following calculation: $1,135.47 + (-1.221 x Total Lots). Based on 105 -buildable lots the STL fee to be paid at the time of preliminary plat application is $105,762.30 with the remaining portion of the $220,500.00 to be paid at the rate of ($2,100.00 minus Preliminary Plat Fee per lot) x Lots in Final Plat or $1,092.74 x Lots in Final Plat. To date, the applicant has not paid the required STL fee. The applicant should be required to pay the required $105,762.30 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. • The preliminary plat, date stamped by the city on December 6, 2017, does not delineate the locations of the stormwater facilities. Pursuant to Eagle City Code Section 8 -2A -7(M), within residential developments one shade class (class II) tree is required to be located on both sides of all streets within the eight foot (8') wide landscape strip between the sidewalk and the curb. Trees are to be planted at the front of each lot generally located on each side lot line corner with the distance between trees to be a minimum of thirty five feet (35') and a maximum of eighty feet (80') of street frontage. In the event the stormwater facilities are located within the landscape strip area, trees will be prohibited to be planted at these locations. To prevent this from occurring, the applicant should be required to provide a revised preliminary plat showing subsurface stormwater facilities to be located outside of the required landscape strip areas. The revised preliminary plat should also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary plat should be provided prior to submittal of design review application. Page 11 of 26 K:\Planning Dept\f agl. App6,akr..ns'.Prelunin.iry De% l pmrm flans\2017\Brookway Sub pif 0, a • The preliminary plat, date stamped by the city on December 6, 2017, shows several individual common lots and portions of larger common lots that are approximately five feet (5') in width between the street and lots that would typically be a corner lot if the common lot was not between the buildable lot and the street. The purpose of the common lots is to allow a building to be constructed utilizing and interior side yard setback instead of a street side setback. Based on the narrow width of the common lot, a structure could be constructed within 15 -feet of the street. Eagle City Code Section 8-2-4, requires a minimum 20 -foot street side setback for structures located on corner lots. The applicant should provide a revised preliminary plat showing the common lots located between the corner lots and the street to be a minimum of 10 -feet in width. If the common lot width is not increased to 10 -feet the side yard setback for lots that have a common lot between the street and the buildable lot should be 15 -feet in width. The revised preliminary plat should contain a new plat note that states, "Driveways providing access to a residence shall be prohibited across all common/open space lots (with the exception of Lot 18, Block 2)." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed setbacks identified on the applicant's narrative, date stamped by the city on October 30, 2016, are as follows: R -2 -DA -P Zone Front 30 -feet Rear 30 -feet Interior Side 10 -feet (first story) 5 -feet (each additional story) Lots less than 90 -feet in width 7.5 -feet (first story) 2.5 -feet (each additional story) Street Side None proposed Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2 (Residential) zoning designations: R-2 Zone Front 30 -feet Rear 30 -feet Interior Side 10 -feet (first story) 5 -feet (each additional story) Street Side 20 -feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided that the distance in no less than 20 - feet within the R-2 zoning district. *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. The preliminary plat, date stamped by the city on December 6, 2017, shows a typical street section for the interior streets with six feet (6') of the eight foot (8') wide planter strip and the five foot (5') wide detached sidewalk being located within the property. Based upon a thirty foot (30') front setback (measured from the property line), a driveway with a minimum nineteen foot (19') length would be located behind the sidewalk and the front of the garage allowing for vehicles to possibly overhang the sidewalk. The front setback for a front -load garage should be a minimum of 33 -feet to allow for vehicles to be parked in front of the garage without overhanging the sidewalk. Staff is supportive of the applicant's request to reduce the side yard setback from 10 -feet to 7.5 - feet for lots less than 90 -feet in width since based on the shape of the lots a majority of the dwelling will be situated to be in conformance with the required 10 -foot side setback. Page 12 of 26 K:\Planning Dcpt\Eaglc Appticauons\Preliminary Dcvclopm: m Plans\ 20 17\Brookv,ay Sub prl.do It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: R -2 -DA -P Zone Front Rear Interior Side Lots less than 90 -feet in width Street Side Street Side (with 5 -foot common lot located adjacent to street) Maximum Lot Coverage 30 -feet (living) 33 -feet (front -load garage) 30 -feet 10 -feet (first story) 5 -feet (each additional story) 7.5 -feet (first story) 2.5 -feet (each additional story) 20 -feet 15 -feet 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided that the distance in no less than 20 - feet within the R-2 zoning district. • The preliminary plat, date stamped by the city on December 6, 2017, does not show locations for street lights. Pursuant to Eagle City Code Section 9-4-1-5, street lights are required to be installed in all subdivisions. The applicant should be required to provide a revised preliminary plat showing street light locations. The revised preliminary plat should be provided prior to submittal of a design review application. • Plat note #3 of the preliminary plat, date stamped by the city on December 6, 2017, identifies the common area/drainage lots by lot and block. In part, the plat note identifies Lots 1 and 15, Block 7, as being common area drainage lots. The map portion of the preliminary plat does not show a Lot 1, Block 7, however, it contains two (2) separate Lot 15, Block 7, lots. The applicant should be required to provide a revised preliminary plat showing the larger Lot 15, Block 7, changed to be referenced as Lot 1, Block 7. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #7 of the preliminary plat, date stamped by the city on December 6, 2017, states, "All front lot lines have a 10' public utility, irrigation, easement measured from the sidewalk row easement. All rear lot lines have a 10' public utility, drainage, irrigation, easement. All side lot lines have a 5' public utility, drainage, irrigation easement." Pursuant to Eagle City Code Section 9-3-6, unobstructed utility and drainage easements are to be a minimum of 12 -feet in width, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. The applicant is not proposing any setbacks that are less than 12 -feet in width from the front or rear property lines nor is the applicant proposing any setbacks that are less than 6 -feet in width from a side property line. The typical street section for the interior streets shows 6 -feet of the planter strip is located within the individual buildable lots. The easement area located adjacent to the street is the location where the dry utilities (i.e. power, gas, cable, phone, etc.) are typically located. These dry utilities are typically located behind the sidewalk. The applicant should be required to provide a revised preliminary plat with plat note #7 revised to state, "All front lot lines have a 16' public utility, drainage, and irrigation easement (measured from the front of the sidewalk located closest to the street). All rear lot lines have a 12' public utility, drainage, and irrigation easement. All side lot lines have a 6' public utility, drainage, and irrigation easement." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. Page 13 of 26 K:\Plannmg Dept \Eagle ApplicationstPr.•hminary Deselopment Plans\2017\Brookway Sub pdAoc • Plat note #12 of the preliminary plat, date stamped by the city on December 6, 2017, states, "Building setbacks and dimensional standards shall be in accordance with the City of Eagle standards shall be in accordance with the City of Eagle standards or as specifically approved with the development agreement." The applicant is applying for a planned unit development; therefore, the setbacks will be identified in the preliminary plat Site Specific Conditions of Approval and not the conditions of the development agreement. The applicant should be required to provide a revised preliminary plat with plat note #12 revised to state, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved and/or required." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The preliminary plat, date stamped by the city on December 6,2017, does not contain a plat note referencing that the development is subject to the conditions of development associated with the rezone. The applicant should be required to provide a revised preliminary plat with a new plat note stating, "Development of this property shall be in conformance with Eagle City Code or as pursuant to the development agreement associated with RZ-05-17 or any subsequent modifications." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The properties located adjacent to the site are currently utilized for agricultural operations. The preliminary plat, date stamped by the city on December 6, 2017, does not contain a plat note referencing Idaho Code Section 22-4503, regarding Right to Farm. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The properties associated with the proposed subdivision are not currently configured to match the proposed subdivision boundary. The property owners of the adjacent property to the north have submitted a One Time Division (OTD) application to Ada County Development Services to sell a parcel to the applicant to match the proposed subdivision boundary. Upon review, approval, and completion of the Ada County Development Services One Time Division application, the applicant should provide a copy of the final approval letter from Ada County, recorded record of survey, and warranty deed, to the city prior to the city adopting an annexation and rezone ordinance. • The applicant has provided architectural elevations showing the styles of homes to be constructed within the development. The architectural elevations will be included as an exhibit within the development agreement. The applicant should establish an Architectural Control Committee (ACC) as a component to the CC&Rs. The submittal of a building permit application to the city for each structure within the development should be accompanied by an approval letter from the ACC. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Brookway Subdivision with conditions of approval as provided within the staff report. Page 14 of 26 K:\Planning Dept\liaglc Appbcauons\l'rehmmary Doclopmcnt Plans\2017\Brookway Sub pzlldoc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications were held before the Planning and Zoning Commission on January 16, 2018, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: (Granicus time 36:32) Upon closing the public hearing, the Commission discussed during deliberation that: • Supportive of the lot sizes shown with the development. • Supportive of the requested setback reductions for the lots located adjacent to the cul-de-sacs and corners of development. • In regard to the ITD comments about the development causing an impact to SH -44, ITD needs to allocate funding for the expansion of SH -44. The state is not properly allocating funding to address the highway infrastructure needs. • The proposed development will have amenities that reflect the city's standards. • The reduction of the pond access easement (for pressurized irrigation maintenance) from 30 -feet to 12 - feet in width is warranted. CONIMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (Koellisch absent) to approve A-02-17/RZ-05-17 for an annexation and rezone from RUT (Rural -Urban Transition — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD) for Trilogy Idaho, with the following conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 1.71 -dwelling units per acre (105 -single-family residential Tots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit applications regarding design review, preliminary and final plat reviews, and/or conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit 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, 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 Page 15 of 26 K:\Planning Dept \Eagle Apptcauons\I'mWnmary De elopmem Plans\21117\Brookway Sub pzl:doc requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and corner lots 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. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in 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&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure 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 substantially conform to the design requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. 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 use. 3.7 Owner shall provide a sport court and tot lot located within the common lots within the development. The intent of the sports court and tot lot is to provide a venue for activities for the residents of the development. The design and location shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all 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, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. 3.9 Upon review, approval, and completion of the Ada County Development Services One Time Division application (201800014 OTD), the applicant shall provide a copy of the final approval Page 16 of 26 K:\I'lannmg Dept\Lagle Applu,abunsTreliminary Ik%elopment Plans \2017\Brookway Sub pztaloc letter from Ada County, recorded record of survey, and warranty deed, to the city prior to the city adopting an annexation and rezone ordinance. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 4 to 0 (Koellisch absent) to recommend approval of the Brookway Planned Unit Development (Exhibit "A") for Trilogy Idaho, with the following staff recommended site specific condition of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-05-17. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the city for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of invoice by the city, whichever occurs first. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall pay the required $105,762.30 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. (Resolution No. 08-09) 5. Provide a revised preliminary plat showing all subsurface stormwater facilities to be located outside of the required street side landscape strip areas. The revised preliminary plat shall also delineate the locations of all ACHD stormwater easements and contain a new plat note that identifies the location of all ACHD storm drainage easements. The revised preliminary plat shall be provided prior to submittal of design review application. (8 -2A -7[M]) 6. Provide a revised preliminary plat showing the common lots located between the corner lots and the street to be a minimum of 10 -feet in width or a street side setback of 15 -feet will be required for all lots that have a common lot located between the buildable area and the street. The revised preliminary plat shall contain a new plat note that states, "Driveways providing access to a residence shall be prohibited across all common/open space lot (with the exception of Lot 18, Block 2)." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 8- 2-4) 7. Provide a revised preliminary plat showing the larger Lot 15, Block 7, changed to be referenced as Lot 1, Block 7. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-2-3[C][3][j]) 8. The required setbacks shall be as follows: Front 30 -feet (living) 33 -feet (front -load garage) Rear 30 -feet Interior Side 10 -feet (first story) 5 -feet (each additional story) Lots less than 90 -feet in width 7.5 -feet (first story) 2.5 -feet (each additional story) Street Side 20 -feet Street Side (with 5 -foot common lot located adjacent to street) 15 -feet Maximum Lot Coverage 40% 9. Provide a revised preliminary plat with plat note #7 revised to state, "All front lot lines have a 16' public utility, drainage, and irrigation easement (measured from the front of the sidewalk located closest to the street). All rear lot lines have a 12' public utility, drainage, and irrigation easement. All Page 17 of 26 K:\I'lannmg Dcpt\Eagle Applications\I'rclunmary De clopmcnt I'lans\2017\I3rookway Sub pzl duc side lot lines have a 6' public utility, drainage, and irrigation easement." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-6) 10. Provide a revised preliminary plat with plat note #12 revised to state, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved and/or required." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 8-2-4) 11. Provide a revised preliminary plat with a new plat note that states, "Development of this property shall be in conformance with Eagle City Code or as pursuant to the development agreement associated with RZ-05-17 or any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat with a new plat note that states, "Any re -subdivision of this plat shall be in compliance with the applicable subdivision regulations in effect at the time of re- subdivision. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-1-3) 13. Provide a revised preliminary plat with a new plat note that states, "This development is subject to Covenants, Conditions, and Restrictions, Instrument # , and as amended. The Homeowner's Association cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary plat with a new plat note which states, "This development recognizes Idaho Code Section 22-4503, Right to Farm, which states: "No agricultural operation, agricultural facility or expansion thereof shall be or become a nuisance, private or public, by any changed conditions in or about the surrounding nonagricultural activities after it has been in operation for more than one (1) year, when the operation, facility or expansion was not a nuisance at the time it began or was constructed. The provisions of this section shall not apply when a nuisance results from the improper or negligent operation of an agricultural operation, agricultural facility or expansion thereof." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat showing street light locations. The revised preliminary plat shall be provided prior to submittal of a design review application. (ECC 9-4-1-5) 16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 17. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. (ECC 8-2A-7) Page 18 of 26 K:U'lanning DepLUiaglc ApplicationsU'relunmary Ih‘elopment I'Ian+V017\Uraokaay Sub pzfdoc 18. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 19. The cul-de-sacs shall be designed to terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. (ECC 9-3-2-1[C]) 20. The applicant shall obtain a demolition permit from the Eagle Building Department for removal of the existing structures located onsite. The structures shall be removed prior to the City Clerk signing the final plat. 21. Provide documentation from the subdivision contractor indicating the potable wells and septic systems previously located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 22. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 23. The single-family dwellings shall be constructed in substantial conformance with the architectural styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by reference). The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat application for phase one. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements established herein. 24. The Brookway Subdivision shall remain under the control of one Homeowner's Association. 25. The applicant shall provide CC&Rs stating that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system, all common landscape areas, and all common area improvements in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 26. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan and final plat applications. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. Page 19 of 26 K:V'lannmg Dept \tingle Applications\I'rcWnmary Development flans\2017\Brookxay Sub pzl doe 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 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 title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the Page 20 of 26 K:\Planning Dcpt.l .ink ApplLati.,ns\Prep unary Derob pmcnt flans\2017\Brook%ay Sub pil d��� City Engineer prior to the City Engineer signing the final plat. l 2. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. 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 final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar Page 21 of 26 K:\Planning DepP I a:l.• Appltati• ms\Preliminary pmrm Plans\?OI TI3rook%ay Sub M. d•. t. deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 1507c 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 Page 22 of 26 K:\Planning Dept\Eagle AppbcationtU'relunmary Doclopmcnt flans\2017\Braokway Sub pzl:doc guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall 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 Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation with a development agreement (A-02-17/RZ-05-17) 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 applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-2DA-P (Residential with a development agreement - PUD) complies with the Residential Two designation as shown on the Comprehensive Plan Land Use Map since the applicant is not proposing more than two units per acre and the proposed density is within the density allowed; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are required to be provided, to serve a single-family dwelling residential subdivision on this property under the proposed zone; c. The proposed R -2 -DA -P (Residential with a development agreement - PUD) zoning district is compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use to the north since this area is designated Residential Two in the Comprehensive Plan and may be developed with a residential development similar in density to the subject site; d. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -3 -DA -P (Residential with a development agreement — PUD) zone and land use to the south since this area is designated Residential Two in the Comprehensive Plan and is currently being developed with a subdivision with similar density; e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use Page 23 of 26 K:U'Iannmg DepLLagle Appkations.I'rebmmary Development I'lans\2017\Brookway Sub pzl.doc to the east since this area is designated Residential Two in the Comprehensive Plan and may be developed with a residential development similar in density to the subject site; f. The proposed R -2 -DA -P (Residential with a development agreement - PUD) zoning district is compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use to the west since this area is designated Residential Two in the Comprehensive Plan and may be developed with a residential development similar in density to the subject site; The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. The applicant has submitted the required documentation and applications to address the city's concerns regarding development in those areas; h. No non -conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-12-17/PPUD-06-17/PP-06-17) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. The proposed development will advance the general welfare of the community and neighborhood since it is designed to be in conformace with the Comprehensive Plan. The increase to the community tax base as a result of the project will assure there is no detrimental impact to the economic welfare of the community. b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The proposed development provides a variety of lot sizes to transition with the adjacent development and future developments. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The development will contain residential uses which will be compatible with the existing and future neighborhood uses. d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned 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 public streets with stubbed right-of-way to the north and west for neighborhood connectivity. e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. g. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. f. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 24 of 26 K:\I'lannmg Dept\Eagle Applications\PreWnmary Doclopment Plans\2Ol7\Brookway Sub pzt.doc g. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Water Department, or ACHD. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. Also, the additional tax revenue received from the development will contribute to services such as schools, police, and fire protection. 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 because; The development will contain 20.6% of dedicated open space consisting of the required buffer area located adjacent to N. Lanewood Road. The remaining open space areas are inclusive of a sports court (basketball), playground area with a tot lot, pathways providing connectivity throughout the development, irrigation pond, and the Dry Creek Canal. h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from North Lanewood Road providing access to West Floating Feather Road and West Beacon Light Road. The interior streets will be public and will be constructed pursuant to the requirements of the Ada County Highway District. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; There are no existing natural, scenic, or historic features of major importance located within the site. J• That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Residential Two for the overall development and the proposed density is less than two (2) units/acre. k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; 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. 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; Single-family residential is the only use approved for this development. m. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The public services that will be provided to the development include the following: Page 25 of 26 K:\I'Ianning Dcpt\tingle Applications\Preliminary Decclopment flans\2017 rookway Sub pit doe Fire The project is located within the Eagle Fire District. Police The project will be served by the Eagle Police Department. Water The project is located within City of Eagle Municipal Water Service area. Sewer The applicant will be required to comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads will be completed by the developer. Upon completion the roads will be dedicated to ACHD. Open Space The development will contain over 20.6% of passive and active open space providing residents with a sports court (basketball), playground area, pond, and a tot lot. A system of private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of the open space areas will be regulated by the Brookway Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of Brookway Subdivision are located in the West Ada School District boundaries. n. Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. o. The estimated tax revenue generated to the City of Eagle from the development is approximately $457,304.00/year (without Homeowner's Exemption). Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The costs of public services for the development will be offset by the tax revenue generated by the homes located within the subdivision. P. DATED this 5th day of February, 2018 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho E;77 Trent Wright, Chairma Page 26 of 26 K:\Planning Dept\I•agle ApphcauonsU'relimutary Doelopment flans\201TBrookway Sub piI doe