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Findings - PZ - 2018 - RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-18 - Rezone, Cup Modification And Pp For Corrente Bello Sub 3BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE, CONDITIONAL USE PERMIT MODIFICATION, PRELIMINARY DEVELOPMENT PLAN MODIFICATION, AND PRELIMINARY PLAT FOR CORRENTE BELLO SUBDIVISION NO. 3 FOR D & N INVESTMENTS, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-18 The above -entitled rezone, conditional use permit modification, preliminary development plan modification, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 20, 2018, at which time public testimony was taken and the public hearing was closed. The 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: D & N Investments, represented by Mark Butler, is requesting a rezone from R -3-P (Residential — PUD) to R -3 -DA -P (Residential with a development agreement — PUD), conditional use permit modification, preliminary development plan modification, and preliminary plat approvals for Corrente Bello Subdivision No. 3, a 15 -lot (12 -buildable, 1 -existing house, 2-common)(a re- subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential planned unit development. The 9.58 -acre site is located on the north side of West Floating Feather Road approximately 340 -feet west of the intersection of North Moon Bello Way and West Floating Feather Road at 1400 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Wednesday, August 16, 2017, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on August 21, 2017. Supplemental engineering information was provided to the City on August 15, 2018, to address concerns identified within the City Engineer's letter, dated July 30, 2018. 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 August 3, 2018. 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 July 31, 2018. Requests for agencies' reviews were transmitted on July 17, 2018, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 8, 2018. D. HISTORY OF PREVIOUS ACTIONS: On August 9, 2005, the Eagle City Council approved a rezone, conditional use permit, preliminary development plan, and preliminary plat applications for Corrente Bello Subdivision (RZ-07- 05/CU-03-05/PPUD-02-05/PP-4-05). Page 1 of 27 K:Planning Dept Eagle Applications\Yrcliminary Development I'lans120181Correntc Bella Sub No. 3 pzCdocx On October 18, 2005, the Eagle City Council approved a design review application for the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05). On November 9, 2005, the Eagle City Council approved a design review application for four monument signs within Corrente Bello Planned Unit Development (DR -73-05). On March 14, 2006, the Eagle City Council approved the final development plan and final plat for Corrente Bello Subdivision No. 1 (FPUD-10-05/FP-06-05). On March 21, 2006, the Eagle City Council approved the final development plan and final plat for Corrente Bello Subdivision No. 2 (FPUD-11-05/FP-07-05). On October 18, 2005, the Eagle City Council approved a design review application for the common area landscaping within Corrente Bello Planned Unit Subdivision (DR -77-05). On May 9, 2006, the Eagle City Council approved a design review application to modify the Common Area Landscaping within Corrente Bello Planned Unit Subdivision (DR -25-06). On May 13, 2008, the Eagle City Council approved a modification to the design review application for the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05 MOD). On October 27, 2009, the Eagle City Council approved a modification to the design review application for the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05 MOD2). On December 13, 2012, the development agreement associated with the Corrente Bello Planned Unit Development property expired. On October 8, 2013, the City Council approved a preliminary plat for Collina Bello Subdivision for Providence Properties, LLC (PP -07-13). On October 23, 2014, the preliminary plat approval expired. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 27 K:1Planning Dept\Eagle Applicationsll'reliminary Development PIans120181Correnle Bello Sub No. 3 pzl docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS (Table information based on the entire Corrente Bello planned unit development): COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Large Lot R -3-P (Residential — Residential and PUD) Residential Transition Overlay Proposed No Change North of site Large Lot Residential and Estate Residential South of site Large Lot Residential, Residential Transition Overlay, and Public/Semi- Public East of site West of site Large Lot Residential, Residential Transition Overlay, and Public/Semi- Public Large Lot Residential R -3 -DA -P (Residential with a development agreement and PUD) R -E (Residential — Estates) PS (Public/Semi-Public) and R -1 -DA (Residential with a development agreement) PS (Public/Semi-Public) and RUT (Rural -Urban Transition — Ada County designation) R -E (Residential — Estates) Single-family residential (Corrente Bello Planned Unit Development) Single -Family, Residential Planned Unit Development Single-family residential (Academy Place Subdivision) Eagle Middle School and Covenant Hill Subdivision Eagle Middle School and vacant land Single-family residential (Hesse, Oakley Estates, and Academy Place Subdivisions) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA (overall site associated with the Corrente Bello planned development shown in italic): Acreage of Site (phase 3 only) — 9.58 -acres Total Acreage (entire Corrente Bello development including phase 3) — 94.89 Number of Lots (phase 3 only) — 15 Page 3 of 27 K:Manning t)ept Eagle ApplicationsU'reliminary Development Plans120I 1Com me Bello Sub No. 3 piiidocx Residential — 13 12 -buildable 1 -existing house Commercial — 0 Industrial — 0 Common — 2 Number of Lots (entire Corrente Bello development including phase 3)— 151 Residential — 121 Commercial — 0 Industrial — 0 Common — 30 Total Number of Units (phase 3 only) — 13 Single-family — 13 12 -buildable 1 -existing house Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 4 of 27 K:U'lanning IkptIliagk Application.s Preliminary Development PLtac12OIK\Coacntc Bello Sub No. 3 pd.Joci Additional Site Data Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage (for lots adjacent to a street) Total Acreage of Common Area Open Space Percent of Site as Common Area Open Space Proposed 1.27 -dwelling units per acre (overall, including this phase) 1.36 -dwelling units per acre (phase 3 only — 13 units/9.58 acres) 13,332 -square feet 85 -feet 41 -feet 0 -feet for Lot 14 served by a shared driveway 12.16 -acres (entire Corrente Bello PUD) .08 -acres (phase 3)** 12.8% (entire Corrente Bello PUD) .8% (phase 3)** Required Up to 1.29 -dwelling units per acre maximum* 13,330 -square feet (as limited within the development agreement) 75 -feet 35 -feet 18.98 -acres (entire Corrente Bello PUD) 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. * Based on the overall density identified within the comprehensive plan. **The calculation does not include the area identified on the preliminary plat as an open space easement or the lot containing the shared driveway. I. GENERAL SITE DESIGN FEATURES: Open Space: 12.16 -acres proposed; 18.98 -acres required (entire Corrente Bello PUD) Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 5 of 27 K:U'tanning UeptlEagle Applicationsll'reliminary Development Plans130181Corrcntc (kilo Sub No. 3 pxf.docx Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on July 5, 2018, does not note or delineate any easements. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by Suez Water. On-site Septic System: There is an existing septic system that currently serves the house located at 1400 Floating Feather Road. The septic system is proposed to be abandoned during construction of the subdivision. The existing house is proposed to be connected to central sewer. 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: Public Streets: The preliminary plat, date stamped by the City on July 5, 2018, shows a typical street section with a 63 -foot right-of-way inclusive of a 33 -foot wide roadway section (as measured from back of curb to back of curb) with vertical curbing, eighth -foot wide landscaping strips and five-foot wide separated sidewalks located on each side of the street. The street section also shows 2 -feet located within the right-of-way between the back of sidewalk and the property line. Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': None. Cul-de-sac Design: The preliminary plat, date stamped by the City on July 5, 2018, shows one (1) cul-de-sac associated with the proposed development. The proposed cul-de-sac is approximately 360 -feet in length (measured from the boundary of the proposed development) and terminates in cul-de-sac with a radius of Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located within the proposed right-of-way on both sides of all interior public roadways. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Page 6 of 27 K:Planning Dept\Diagle ApplicationsTrcliminary Development Vlans1201KICorrentc Hello Sub No. 3 pd'.ducx Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: see preliminary plat, date stamped by the City on July 5, 2108, for pathway locations. 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 Riparian Vegetation — no Steep Slopes — yes Stream/Creek — no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated July 30, 2018, are of special concern (attached to the staff report). Ada County Highway District (ACHD) Andeavor (formerly known as Tesoro Logistics) Boise River Flood Control District #10 Central District Health Department City of Eagle Parks and Recreation Department Drainage District #2 (Represented by Sawtooth Law Offices, LLP) Department of Environmental Quality Eagle Fire Department Page 7 of 27 K:U'lanning 1)eptllagk Applications\Preliminary Development Plans120181Corrente Bello Sub No. 3 pAtlocx Q. Idaho Transportation Department LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from Robert L. Rose, date stamped by the City on August 10, 2018. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in one (1) phase. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): Page 8 of 27 K:11'lanning DeptlEagle Applications\Preliminary Development Plans120181Corrcnte Bello Sub No. 3 pzt.docx 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 Land Use Map (adopted November 14, 2017), designates this site as the following: Large Lot Residential Suitable primarily for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open spaces and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. 6.12 Middle School Planning Area The property is located within the Middle School Planning Area. 6.12.1 Middle School Land Uses. A. The land use designation in the Eagle Middle School Planning Area is Neighborhood Residential with a Residential Transition Overlay. Allowing minimum lots sizes of 13,330 sq. ft. adjacent to the school site. B. Transitional densities, feathering, and lot sizing should be used to ensure compatibility to the North and West of the planning area. Development should include 1 to 1.5 -acre lots at the perimeter of the planning area adjacent to existing large lot development outside of the planning area. C. The overall residential density of any development in the Middles School Planning area should be up to 1 to 1.29 units per acre. Page 9 of 27 K:IPlanning Dept\Gagle Applications\Preliminary Development Plans120181Corrente Beilo Sub No. 3 pzf.docx B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-6-3: OWNERSHIP REQUIREMENTS: An application for approval of a PUD may be filed by a property owner or a person having an existing interest in the property to be included in the PUD. The PUD application shall be filed in the name or names of the recorded owner or owners of property included in the development. However, the application may be filed by the holder(s) of an equitable interest in such property. Before approval is granted to the final development plan, the entire project shall be under single ownership or control. Documentation showing single ownership or control shall be presented with the final development plan application. • Eagle City Code Section 8-6-5-2: COMMON AREA OPEN SPACE: A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land area developed in any residential PUD project shall be reserved for common area open space and recreational facilities for the residents or users of the area being developed. B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space shall be developed as active open space, as defined in title 9 of this code. C. Compliance: All common area open space shall be evaluated for its compliance with the following: 1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; 2. Siting: Visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment. D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent to, or at a minimum, have direct access to common area open space. The term "direct access" means all building lots are to be located a maximum of two hundred fifty feet (250') away from a pathway connecting to a common area open space lot. Building lots separated from a common area open space lot by a local roadway shall be deemed to have achieved direct access. The required planter strip located between the sidewalk and the street will not be permitted to fulfill this requirement. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. 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. Page 10 of 27 KAI'lanning Deptlliaglc Applicationsll'reliminary Development Plans120I81Correntc Hello Sub No. 3 pzf.duex • Eagle City Code Section 9-3-8(D): Common Area Open Space: 4. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. • Eagle City Code Section 9-3-10: 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 9-4-1-9: WATER SUPPLY AND SEWER SYSTEMS: C. Pressurized Irrigation Facilities: 1. All residential dwelling units shall be provided with a pressurized irrigation system to be served with irrigation water unless a waiver, as outlined herein, is approved by the city council. The city has adopted supplemental standards and regulations (titled "Pressure Irrigation Standards", incorporated herein by reference and available at Eagle city hall) pertaining to the design, construction and maintenance of pressurized irrigation systems. Plans and documents reflecting the required standards and regulations shall be submitted with the application for a preliminary plat. The following design requirements and the requirements provided within the supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation system. These standards shall supplement all other regulations, and where at variance with other laws, regulations, ordinances or resolutions, the more restrictive requirements shall apply. The council may determine that revisions to the supplemental standards are warranted and make such revisions by act of a resolution. a. The pressurized irrigation system may have a backup connection to a potable water system with the approval of the city, city engineer, and the potable water purveyor, and the installation of a state approved reduced pressure backflow prevention assembly or an air gap separating the irrigation system and the potable water system. The operation, maintenance, associated costs, and annual inspection of the backup connection and the backup system's reduced pressure backflow prevention assembly shall be the responsibility of the entities as determined in "Pressure Irrigation Standards" of this section. Individual backup connections to individual lots by individual lot owners shall be prohibited with the exception of the common area lots owned and maintained by the homeowners' association. Page 11 of 27 K:Ylannins Deptlliagle Applications\Preliminary Development I'lanti120181Correntc Bello Sub No. 3 p/I doex b. The pressurized irrigation system shall be designed by a licensed professional engineer registered in the state of Idaho, and the construction plans for the system shall be reviewed and approved by the city engineer. 2. The requirement for installation of a pressurized irrigation system may be waived by the city council when the applicant has established that any of the following situations exist (the sale or transfer of an existing water right shall not be grounds for requesting a waiver pursuant to this provision): a. Where a sufficient surface irrigation water right does not exist for the property. The lack of surface irrigation water right shall be documented in writing by the appropriate irrigation district or canal company and the department of water resources and shall be submitted with the subdivision preliminary plat. In this case a waiver shall only be granted for that portion of the subdivision that cannot be served. b. Where an existing surface water right cannot be delivered to the property by an irrigation district or canal company due to current delivery capacity or scheduling. In these situations the city council may still require the installation of the pressure irrigation system, provided water rights can be made available to the property and delivery system modifications can be made so irrigation water can be supplied within two (2) years. c. Where the applicant has provided for another means of delivery such as flood irrigation, if approved by the city engineer. The applicant shall present the proposed alternative delivery system to the city engineer at the time the waiver is requested. d. That due to the specific circumstances surrounding a new subdivision, the cost of obtaining water rights, reestablishing water rights or developing the system would impose an undue economic hardship on the developer. For purposes of this section, an undue economic hardship shall consist of a showing that the cost per lot to develop the pressurized irrigation system would be twenty five percent (25%) higher than the cost per lot for providing a pressurized irrigation system to subdivisions of similar size and density constructed in the city within the previous two (2) years; or the cost per lot of the pressurized irrigation system would exceed five percent (5%) of the expected per lot market value of the subdivision. The developer shall bear the burden of providing documentation, acceptable to the city engineer and city council, demonstrating and supporting the estimated costs of construction of the pressurized irrigation system, and the cost per lot for irrigation systems in those subdivisions built in the last two (2) years as noted above, and the expected market value of the subdivision lots. For phased developments, costs will be analyzed over all phases of the development rather than the first phase only. 3. Should installation of a pressurized irrigation system be waived by the city engineer, as outlined herein, compliance to Idaho Code 31-3805 is still required. 4. Requests for waivers shall be submitted to the city with the preliminary plat application and shall be accompanied by an irrigation report, prepared by a licensed Idaho registered professional engineer, stating the location and availability of surface irrigation water and documenting the basis for the waiver request. If applicable, the Page 12 of 27 K:1Planning DeptlEagle ApplicationslPreliminary Development Plans120I81Corrente Bello Sub No. 3 pzI ducx irrigation report shall be accompanied by a letter from the irrigation district or canal company stating that water rights and/or a delivery system are not available to the property. D. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on July 5, 2018): • The applicant is proposing to redevelop Lot 20, Block 2, Corrente Bello Subdivision No. 1. To do so, the applicant has submitted applications to modify the original PUD approval for Corrente Bello (rezone with development agreement, conditional use permit modification, preliminary development plan modification, and a new preliminary plat for phase 3). The original PUD approval for Corrente Bello included a condition of approval which stated, "Lot 20, Block 2 (existing house), shall be included in the final plat for phase one. Lot 20, Block 2, will not be permitted additional dwelling units and shall not be reduced in size below 9.5 - acres. This condition can only be changed by City Council approval of a PUD modification, which is the subject of this application. The City Council has the sole authority to approve, approve with conditions, or deny the modification. • The applicant is working with the existing Corrente Bello Homeowner's Association (HOA) to include/incorporate this phase into the existing HOA so that the overall open space and pressurized irrigation facilities may be shared. As conditioned herein, the existing Corrente Bello HOA/ACC will provide architectural control committee oversight for the design of the new homes. Site specific conditions of approval are included herein that require phase 3 inclusion into the existing HOA. • Plat note #3 of the preliminary plat states, "A pressurized irrigation water use agreement shall be executed between Corrente Bello Subdivision No. 3 and the Corrente Bello Homeowners Association." The plat note does not address the maintenance of the pressurized irrigation system. The applicant should be required to provide a revised preliminary plat with plat note #3 revised to state, "This subdivision contains a pressurized irrigation system which will be owned and operated by the Corrente Bello Homeowners Association." The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat does not contain a plat note identifying the open space (common) lots and the responsibility of maintenance of the common lots. Pursuant to Eagle City Code Section 9- 3-8(D)(4)(a), the applicant is required to identify the owner of the open space who is responsible for the maintaining the open space and facilities located thereon. Plat note #5 states, "Lots 5 & 10 are to be designated as blanket utility, irrigation, drainage, pathway and ingress/egress easements. All other lots are to be designated single-family residential." Since the two lots are not designated as single-family residential it appears they are common lots. The applicant should be required to provide a revised preliminary plat with plat note #5 revised to state, "Lots 5 & 10, Block 1, are designated as common area lots and will be owned and maintained by the homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over the entirety of the lot." The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat does not contain plat notes addressing the following items: 1) locations of public utility, drainage, and irrigation easements, 2) the subdivision is subject to a development agreement, 3) building setbacks, 4) re -subdivision of the property, and 5) direct lot access to West Floating Feather Road. The applicant should be required to provide a revised preliminary plat with new plat notes addressing the aforementioned items, as conditioned herein. The Page 13 of 27 K:Wlanning DeptlEaglc Applications\Preliminary Development Plan.42018\Correntc Bello Sub No. 3 prt:dacx revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the conditional use permit, preliminary development plan, and preliminary plat with the site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their recommendation on August 20, 2018, at which time public testimony was taken and the public hearing was closed. 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 eight (8) individuals who indicated the following concerns: • The subdivision should be re -designed to locate the lots throughout the property so that the lots are not clustered. • The proposed subdivision does not contain sufficient open space for the size of the development. • The site contains a drainage area that serves the adjacent properties. • A concern with the property being re -subdivided and the possibility of a future re -subdivision if the application is approved. • If the applicant is permitted to construct two-story homes it will impact the views from the adjacent properties. • The proposed subdivision will contain lots that back up to existing lots located within the other phases of Corrente Bello Subdivision. The first two phases of the subdivision were designed so no lots back up to another lot. • The small size of the proposed lots are not compatible with the size of the lots located within the other phases of Corrente Bello Subdivision. • The side setbacks for the homes located adjacent to the existing homes should be wider than 12 - feet in width. • Based on the size of the lots the new homes cannot be designed to meet the Architectural Control Committee requirements. • The homes located within the other phases of Corrente Bello Subdivision contain side -entry garages and based on the width of the lots within the proposed subdivision the homes cannot be designed to accommodate a side -entry garage. • It is unknown what is currently being negotiated between the developer and HOA Board. • The property has unique animal, plant life, and wildlife habitat. • The additional homes will create additional traffic that will affect the existing homes located adjacent to the site. • The applicant has not addressed the concerns that were previously discussed during the neighborhood meeting. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by eight (8) individual who indicated the following: • The proposed development should be in character with the surrounding development. • The development should be annexed into the Corrente Bello Homeowners Association. • The lot design should accommodate Tuscan styled homes and Tuscan style homes should be required. Page 14 of 27 K:1Planning DeptlEagle Applications\Preliminary Development Plans1201A\Corrente Bello Sub No. 3 pztdocx • The common areas within the entire Corrente Bello development will need to be maintained by all. • The HOA Board is supportive of annexation of the development. • The HOA Board has a desire to control the design standards and pressurized irrigation system within the development. • They are not surprised the property is being developed. • The HOA Board owns the water shares and controls the water. • A concern regarding daylight basements in relation to existing grade. • The proposed Tuscan design has not been properly addressed. • The availability of water issues for the pressurized irrigation system can be resolved. • The applicant should be required to re -align the intersection of North Palmer Lane and West Floating Feather Road and be required to provide a centerline stripe on North Palmer Lane. • The applicant should re -design the subdivision to provide for additional access (for the residents) of the subdivision to the ponds. • The existing homeowners of the Legacy development need control of the homeowners association. • The new homeowners will help offset the costs of maintaining the existing open space. COMMISSION DELIBERATION: (Granicus time 05:03:00) Upon closing the public hearing, the Commission discussed during deliberation that: • They questioned whether all the issues that were brought to their attention have been addressed. • They are supportive of spreading the lots throughout the property. • The HOA Board needs to keep the homeowners informed of the items which are being negotiated. • The water availability associated with the pressurized irrigation system needs to be addressed. • A concern that the applicant has not tried to work with the adjacent neighbors. • The proposed density is in conformance with the comprehensive plan. • The subdivision should be annexed into the Corrente Bello Subdivision homeowners association. • There should be a condition added to the application regarding the operation and maintenance of the common driveway providing access to the lots which are not fronted by a public street. • There are residents residing with the existing subdivision who were not aware the subject property could be developed. COMMISSION DECISION REGARDING THE AMENDMENT TO THE CORRENTE BELLO PUD: The Commission voted 4 to 0 (Guerber absent) to recommend approval of the PUD amendment to the Corrente Bello PUD (CU -03-05 /PPUD-02-05) for D & N Investments, LLC, with the following site specific conditions of approval deleted from the Corrente Bello PUD: 5. Lot 20, Block 2 (existing house), shall be included in the final plat for phase one. Lot 20, Block 2, will not be permitted additional dwelling units and shall not be reduced in size below 9.5 -acres. COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (Guerber absent) to approve RZ-09-18 for a rezone from R -3-P (Residential) to R -3 -DA -P (Residential with a development agreement — PUD) for D & N Investments, LLC, with the following conditions to be placed within a development agreement: 3.1 The maximum number of dwelling units shall not exceed 13 -dwelling units, including the 1 -existing house. 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, Page 15 of 27 K:1Planning IhptIliaglc Applications Preliminary Development Plans120181Correntc Hello Sub No. 3 piLdocx 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, 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 decorative fencing. All other fencing (ie. dog-eared 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 "Tuscan themed architectural style with Old World Exterior finishes" theme of the development. In accordance with Eagle City Code 8-6-3, the ACC for Corrente Bello phase 3 and the ACC for the existing Corrente Bello development shall be the same. (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. Phase 3 shall be included/incorporated into the existing Corrente Bello HOA and CC&Rs prior to the submittal of a final development plan/final plat application. 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 "Tuscan themed architectural style with Old World Exterior finishes" and shall be the required style of architecture. To assure compliance with this condition, the phase 3 shall be included/incorporated into the existing Corrente Bello Homeowner's Association and the existing Architectural Control Committee (ACC). 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 16 of 27 K:1Planning ihptUiagle ApplicationsU'nliminary Development I'Ian5120181Cornnte Bello Sub No. 3 pzLJocx 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 development plan/final plat applications. 3.8 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 app 1 icable), 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 development plan/final plat applications. 3.9 Provide a revised concept plan showing a minimum of 20% common area open space prior to submittal of a final development plan/plat application. The 20% (18.98 -acres) common area open space requirement shall be calculated using the acreage of the entire Corrente Bello PUD. A minimum of 15% of the common area open space shall be active open space. A minimum of 50% of the lots shall be designed to have direct access to common area open space in accordance with ECC 8-6-5-2 (D). 3.10 The minimum lot size shall be 13,330 square feet. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT MODIFICATION, PRELIMINARY DEVELOPMENT PLAN MODIFICATINON, AND PRELIMINARY PLAT: The Commission voted 4 to 0 (Guerber absent) to recommend approval of CU -03-05 MOD/PPUD-02-05 MOD/PP-09-18 for Corrente Bello Planned Unit Development (Exhibit "A") for D & N Investments, LLC, with the following staff recommended site specific condition of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission: 1. Comply with all conditions within the development agreement for rezone application RZ-09-18 and subsequent modifications. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat, whichever occurs first. 4. 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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit is required prior to construction of a fence in any of these locations. 5. Provide a revised preliminary plat showing a minimum of 20% common area open space prior to submittal of a final development plan/plat application. The 20% (18.98 -acres) common area open space requirement shall be calculated using the acreage of the entire Corrente Bello PUD. A minimum of 15% of the common area open space shall be active open space. A minimum of 50% of the lots shall be designed to have direct access to common area open space in accordance with ECC 8- 6-5-2 (D). Page 17 of 27 K: Planning Dept1liaglc Applicationsll'rdiminary Development I'Ians12I1181Correntc Bello Sub No. 3 pzf:docx 6. Provide a revised preliminary plat with plat note #3 revised to state, "This subdivision contains a pressurized irrigation system which will be owned and operated by the Corrente Bello Homeowners Association." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 7. Provide a revised preliminary plat with plat note #5 revised to state, "Lots 5 & 10, Block 1, are designated as common area lots and will be owned and maintained by the homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over the entirety of the lot." The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. 8. Provide a revised preliminary plat with a new plat note which states, "All lot lines common to a public right-of-way line have a 12 -foot wide permanent public utilities, property drainage, and pressurized irrigation easement, unless dimensioned otherwise." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 9. Provide a revised preliminary plat with a new plat note which states, "Rear lot lines and exterior subdivision boundary have a 12 -foot wide permanent public utilities, property drainage, and pressurized irrigation easement, unless dimensioned otherwise." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 10. Provide a revised preliminary plat with a new plat note which states, "Minimum building setback lines shall be in accordance with the applicable zoning regulations at the time of issuance of a building permit, or as specifically approved and/or required." The preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 11. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 12. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to West Floating Feather Road is prohibited unless specifically approved by Ada County Highway District and the City of Eagle. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 13. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3) building 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, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development plan/final plat applications. 14. 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. Page 18 of 27 K:U'lanning I cptlliagle ApplicationsWrcliminary Development Plans12OI81Correntc Bello Sub No. 3 pzf.docx 15. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. 16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. 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. 17. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing the ACHD license agreement and associated Ada County instrument number. 18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 19. 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. 20. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the existing Corrente Bello Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Corrente Bello Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4]) 21. The requested pressurized irrigation waiver is not approved. The applicant shall provide irrigation water to all lots within the subdivision via non -potable, pressurized irrigation. 22. Corrente Bello Subdivision No. 3 shall remain under the control of one Homeowner's Association (Corrente Bello Homeowner's Association). 23. The applicant shall place a note on the final plat stating that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 24. All plat notes that are required on the preliminary plat and development plan shall be transferred to the final plat prior to submittal of the final development plan/final plat applications. 25. The existing well and septic system serving the house located on Lot 20, Block 2, shall be abandoned prior to the City Clerk signing the final plat. The existing house shall be connected to central water and central sewer prior to the City Clerk signing the final plat. 26. Provide documentation from the subdivision contractor indicating the well and septic system previously located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 27. The minimum residential building lot lot size for phase 3 shall be 13,330 square feet. 28. The following setback requirements shall be as follows: Lot 1, Block 1, and Lot 13, Block 2: Setbacks: Front - 30 -feet Rear - 25 -feet East side - 20 -feet (first story), maximum wall plate height 13 -feet; 25 -feet (second story) West side - 7.5 -feet (first story), maximum wall plate height 13 -feet; 12.5 -feet (second Page 19 of 27 K:\I Ianning Dept\Eagle ApplicationsU'reliminary Development I'Ians120181Corrente Bello Sub No. 3 pzf.docx story) Lots 6-9, Block 1: Setbacks: Front - 20 -feet Rear - 40 -feet Side — 7.5 -feet (additional story setback not required) Lot 15, Block 1: Setbacks: Front - 30 -feet Rear - 50 -feet Side — 20 -feet (additional story setback not required) The following setback requirements shall apply to all other lots within phase 3: Setbacks: Front - 30 -feet Rear - 25 -feet Side — 7.5 -feet (first story), maximum wall plate height 13 -feet; 12.5 -feet (second story) The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 15 - feet minimum. 29. The lots located along the western boundary of the development (Lots 6-9, Block 1) may include daylight basements and shall be limited to single story with a maximum overall building height of 25 - feet and a maximum first story wall plate height of 13 -feet. 30. Provide a revised preliminary plat with a new plat note that states. "Lot 10. Block 2. is designated as a common lot, which al provide perpetual right of ingress/egress. bl the easement runs with the land, and cl shall be owned and maintained by the owners using the driveway. This lot also provides blanket Public utility, irrigation and drainage easements." The revised preliminary plat shall be provided prior to submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 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. Page 20 of 27 K:\Planning Dcpt\Eaglc Applications\Prcliminary Development Plans\2018\Corrcnte Bello Sub No. 3 pzf docx 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or 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 Page 21 of 27 K:11'lanning DeptTaglc ApplicationsWreliminary Development I'lans120181Corrrntc Bello Sub No. 3 pif.docx 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 final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. Page 22 of 27 K:li'lanning Dcpt\Eagk Application. Wreliminary Development Plans\2OI81Correntc Bello Sub No. 3 pz .docx 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 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. Page 23 of 27 K:II'Ianning UeptlEagk Applicationsll'rcliminary Development t'lans120181Corrente Bello Sub No. 3 pzf.docx 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 with development agreement (RZ-09-18) 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 -3 -DA -P (Residential with a development agreement — PUD) complies with the Large Lot Residential and Residential Transition designations 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 below 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. The site is located within the Eagle Sewer District and the Suez of Idaho certificated service area for potable water; c. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -3-P (Residential — PUD) zones and land uses to the north since that area is developed with a density similar to the proposed development; d. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -1 -DA (Residential with a development agreement) zone and land use to the south since this area has been developed with a residential subdivision; e. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -3-P (Residential — PUD) zones and land uses to the east since that area is developed with a density similar to the proposed development; f. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -3-P (Residential — PUD) zones and land uses to the west since that area is developed with a density similar to the proposed development; A portion of the land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. The applicant will be required to comply with Title 10 Flood Control 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 modification, preliminary development plan modification, and preliminary plat (CU -03-05 MOD/PPUD-02-05 MOD/PP-08-18) and based upon the information provided concludes that the g - Page 24 of 27 K:V'lanning I)eptll:agle Applicationsll'reliminary Development I'Iansl2Ol8lCormnte Bello Sub No. 3 pzl:Jocx 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. Corrente Bello Subdivision No. 3 has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance with the executed development agreement associated with the site; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. Corrente Bello Subdivision No. 3 is designed to be harmonious with the existing Corrente Bello Subdivision of which it will be a part and is designed to be in conformance with the existing planned unit development associated with site. The applicant is working with the Corrente Bello homeowners association to be annexed into the homeowners association; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Corrente Bello Subdivision No. 3 is proposed to be developed in a manner harmonious with the existing residential uses in the immediate vicinity; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Corrente Bello Subdivision No. 3 will be served by West Floating Feather Road (designated as a minor arterial) and an internal street network located within the Corrente Bello development; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 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; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. 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, Suez Water Company, or Ada County Highway District; and 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. This development plan is part of a larger development plan that is designed with consideration given to open space, ponds, recreational amenities (i.e. swimming pool, tot lot, and pedestrian pathways); and Page 25 of 27 K:1Planning Dept\Eagle Applications\Preliminary Development I'lans1200i1Corrente Bello Sub No. 3 piI ducx h. hat the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will take access from an existing stub street (West Peak Bello Street). Access to the Corrente Bello development is from West Floating Feather Road. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on the site; and 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 fits well with the comprehensive plan since the plan calls for Residential Transition Overlay and the proposed density is in conformance with the comprehensive plan; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. The developer has requested approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the Suez Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Page 26 of 27 K:1Planning Dept\Lagk ApplicationslPreliminary Development Plans UOl8\Corrente Bello Sub No. 3 p.Ldocx Road Construction The construction of all roads within the development will be completed by the developer. Upon completion, the roads will be dedicated to the Ada County Highway District. Parks and Open Space The development is proposed as a phase to the existing Corrente Bello Subdivision and will share the open space area located within Corrente Bello Subdivision. Maintenance The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Corrente Bello Subdivision No. 3 is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build -out is approximately $40,330/annually (with Homeowner's Exemption). That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development, therefore, the public service providers avoid potential liability and expenses. P. DATED this 4th day of September, 2018 PLANNING AND ZONING COMMISSION OF THE CITY OF EA A.unty, I Trent Wright, Chairman ATTEST: Sharon K. Bergmann, Eagle ity Clerk Page 27 of 27 KAPI.unung UeptUfegk ApplkationsU'rcbnunar) I k telopment I'Iam\211181Currenle Bello Sub No i pit Jost lr•Amarrw 1•.i yr 1Wrrrw 14N• Wwr•W t1 i Mrs..rwrl row.. N• Iw0, yr rw .NI... 10. 50 0 25 SO 100 -- SCAl1101'111 r•w rIM.• NV•r•rrw &Oat 1 1 NOTES: • IN!•YN r• w•..••r.N (l t t 1II10 f1.l91MMN0N 1101 SWIM PAC11110 ru•N.••.•Nrwr Ir• rrrw /r• rrr.N t...."=".."="=:1«,:=::=1"""'"""""° rwl.rwFWN••1���N �.nMrr.r.•••rrarrlN•w« W Y I/N.N.r•I•rY I.•A • •lor W r N...•OrM• rM.N•..Y mrrA.sr w...wr«.Nwrrrrw.•• *FEW w•• LI...obr.. •w1V Ir•.wrw .lr 111• 1.00,‘ Orme t•A•r W.Yr b,r w ! rWAYr . I••rN NwtilrrrW MOCr! rMNW , aar, w.. r. Jo wr•ar.r• JO fw..Yr W.Yr Wr.w r• / r W. 0 86110 OR. - omens W02lflmon 0D 0200 •S ►AGI 1110 Iw..`Nr• r _ mom/ NN..INr• Nr.«r•rN( 11Y•IW.rw 1 RECEIVED & FILED CITY OF EAGLE PRELIMINARY jaFp5 1018 CORRENTE BELLO SUBDI ISION NO. 3 A RESUBJIIf MY OF LOT 20, BLOCK 2. CORRENrE r�0 SUOMI, run 14u. ; BOO IN (�o lt= PACE tt79P LOCATED IN THE S 1/2 OF TNF.JO /p i ur. .rwr,,1, .; T.4N., R.1E.. B.M.. CITY OF EACLE, ADA COUNTY, IDAHO 2018 4 « thlia �. 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