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Findings - CC - 2023 - A-04-22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22 - Annexation And Rezone From Rut To R-1-Da-P, And R-3-Da-P, Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat For Carp Ranch Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM RUT ) (RURAL-URBAN TRANSITION—ADA COUNTY ) DESIGNATION)TO R-1-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) AND R-3-DA-P(RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR CARP RANCH SUBDIVISION ) FOR GEMSHORE EAGLE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-04-22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22 The above-entitled annexation, rezone with a development agreement,conditional use permit,preliminary development plan, and preliminary plat applications came before the Eagle City Council for their action on January 24, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter,makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Gemshore Eagle RE,LLC, represented by Stephanie Hopkins and/or Kevin McCarthy, P.E., with KM Engineering, LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition— Ada County designation) to R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Carp Ranch Subdivision, a 76- lot(70-buildable,6-common)residential planned unit development. The 34.57-acre site is located on the south side of West Floating Feather Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Monday, November 22, 2021, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on February 17, 2022. A revised preliminary plat and narrative were received by the City on June 13,2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on March 1, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 29, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67,Chapter 65, Idaho Code and Eagle City Code on July 29, 2022. The site was posted in accordance with the Eagle City Code on August 5,2022. Page 1 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch SubdivisionTindings\Cary Ranch Sub ccf doc Notice of a second Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 28, 2022. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 30, 2022. The site was posted in accordance with the Eagle City Code on October 7,2022. Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on January 5, 2023. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 6, 2023. The site was posted in accordance with the Eagle City Code on January 13,2023. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS:All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter, date stamped by the City on June 13, 2022 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION E risting Neighborhood RUT(Rural-Urban Agricultural Residential with a Transition—Ada County Transition Overlay designation) Proposed No Change R-1-DA-P and R-3-DA-P Single-Family Residential (Residential with a Subdivision development agreement— PUD) N)rth of site Neighborhood R-E(Residential-Estates) Single-Family Residential Residential with a Subdivision(Cavallo Estates Transition Overlay Subdivision) South of site Neighborhood R-1-DA-P and R-3-DA-P Single-Family Residential Residential with a (Residential with a Subdivision(Whitehurst Transition Overlay development agreement— Subdivision No.2 [currently PUD) under construction]) East of site Large Lot R-I (Residential) Single-Family Residential Residential (Colony Subdivision) West of site Neighborhood R-3-DA(Residential Single-Family Residential Residential with a with a development (Creek Water Subdivision) Transition Overlay agreement)and PS and Eagle High School and Public/Semi- (Public/Semi-Public) Public Page 2 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Cary Ranch Subdivision\Findings\Carp Ranch Sub ccf doc H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. SITE DATA: Total Acreage of Site—34.57-acres Total Number of Lots—76 Residential—70 (reduced to 63) Commercial—0 Industrial—0 Common—6 Total Number of Units— Single-family—70(reduced to 63) Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.02-dwelling units/acre 2.00-dwelling units/acre maximum(as limited by the development agreement) Minimum Lot Size 10,519-square feet(R-3) 10,000-square feet(R- 38,585-square feet(R-1) 3) 37,000-square feet(R- 1) Minimum Lot Width 75-feet(R-3) 75-feet(R-3) 159-feet(R-1) 100-feet(R-1) Minimum Street Frontage 30-feet 35-feet Total Acreage of Common Area 7.97-acres(inclusive of 6.91-acres (minimum) Open Space planter strips) Percent of Site as Common Area 23% 20%(minimum) Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs Percent of Common Area Open 43.6%(3.48-acres) 15%(minimum)(1.16- Space as Active Open Space acres) Page 3 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc J. GENERAL SITE DESIGN FEATURES: Landscape Screening: The preliminary plat, date stamped by the City on June 13, 2022, shows two (2) common lots located adjacent to West Floating Feather Road (minor arterial). The minimum width of the common lots located adjacent to West Floating Feather is 50-feet. The preliminary plat shows three (3) common lots (inclusive of the common lot located adjacent to North Linder Road) located adjacent to North Delehaye Avenue (collector). The minimum lot width of the common lots located adjacent to North Delehaye Avenue is 35-feet. The landscape plan, date stamped by the City on June 13, 2022, shows a five-foot(5')high berm with a 3:1 slope is proposed adjacent to West Floating Feather Road and North Delehaye Avenue. Common Area Open Space: A total of 7.97-acres(22%)of open space is proposed(inclusive of planter strips).A total of 3.48- acres (43.6%) of the common area open space is active open space. The required buffer areas located adjacent to West Floating Feather Road and North Delehaye Avenue will be contained within common lots. The remaining open space areas are inclusive of a drainage ditch, pathways, pool and clubhouse, and soccer fields. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 10 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)—No. Preservation of Existing Natural Features: Based on an aerial view of the property it appears there are existing trees located along the drainage ditch. Page PP5.0 of the preliminary plat, date stamped by the City on June 13, 2022, indicates the existing trees and pathway to be removed by Drainage District No. 2. 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. K. STREET DESIGN: Private or Public Streets: The public streets will be constructed based on the ACHD report approving the proposed streets associated with the development (with site specific conditions of approval and standard conditions of approval),date stamped by the City on April 15,2022. Applicant's Justification for Private Streets(if proposed):None proposed. Page 4 of 28 K:\Planning Dept\Eagle Applications\Preliminay Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc Blocks Less Than 500':None. Cul-de-sac Design:None. Sidewalks: The street section shown on the preliminary plat, date stamped by the City on June 13, 2022, show detached 5-foot-wide sidewalks(separated by an 8-foot-wide adjacent planter strip)on both sides of the internal streets. The detached sidewalks and a portion of the planter strips are located 11-feet within the buildable lot area adjacent to the public right-of-way. The street section for West Floating Feather Road shows a 39-foot right-of-way (measured from centerline) with a 5- foot-wide detached sidewalk located approximately 17.5-feet from the travel lane. 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. L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See the Trails and Pathways Superintendent's memo dated March 18, 2022 (attached to the staff report). M. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by the Veolia Water System. The applicant will be required to annex into the Eagle Sewer District and conform to all conditions associated with the sewer system required by the District. The applicant will be required to install fiber-optic conduit within the joint trench for future connection. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes—located adjacent to the drainage ditch Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Page 5 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Cary Ranch Sub ccf doc Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required. R. 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 8, 2022, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated May 20, 2022, are of special concern (attached to the staff report and memo dated January 17,2023). ACHD Communities in Motion 2050(COMPASS) Department of Environmental Quality Eagle Fire Department(2) Eagle Sewer District Idaho Fish and Game Department ITD Marathon Pipe Line Sawtooth Law Office,PLLC(on behalf of Drainage District No.2) S. LETTERS FROM THE PUBLIC (attached to the staff report and memos dated January 17 and 18,2023): Correspondence received from Chad and Kristie Neil, date stamped by the City on August 4, 2022. Correspondence received from Thomas and Sandra Griffin, date stamped by the City on August 8,2022. Correspondence received from Mike and Debbie Ball, date stamped by the City on August 9, 2022. Email correspondence(with photos)received from Josh Elliott,dated August 9,2022. Correspondence received from Gary and Carol Richens, date stamped by the City on October 7, 2022 Email correspondence received from Kim and Vince Tangherlini,dated September 13,2022 Email received from Brandon Fabrizio,dated September 13,2022 Email received from Bob Luffel,dated September 13,2022 Email received from Josh and Lori Roberson,dated October 9,2022 Email received from Kim and John Rush,dated October 9,2022 Email received from Janice Barker,dated October 9,2022 Email received from Jason Stone,dated October 9,2022 Email received from Elizabeth Smith,dated October 10,2022 Email received from Scott and Kathy Parker,dated October 10,2022 Email received from Jim Knutson, dated October 10,2022 Email received from Mike and Debbie Ball,dated October 10,2022 Correspondence received from Rick and Sharon Pennington,date stamped by the City on October 11,2022 Correspondence received from Gary and Carol Richens, date stamped by the City on October 7, 2022 Page 6 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc Correspondence received from Steve Booth,date stamped by the City on October 25,2022 Email Received from Kristie Neil,dated January 7,2023 Correspondence received from Kim and Vince Tangherlini, date stamped by the City on January 11,2023 Correspondence received from Michelle Bryan,date stamped by the City on January 17, 2023. T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in a single-phase. 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. 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. Page 7 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Pindings\Carp Ranch Sub ccf doc In cased of large-scale PUDs (incorporating eleven (11)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. 17. LANDSCAPING: That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 18. SITING: That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping(such as clustering),incorporated into this development,exceed that of a non PUD development. 19. DESIGN FEATURES: That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. V. FISCAL IMPACT ANALYSIS: See Developer Data Table, date stamped by the City on February 17, 2022, along with analysis table(attached to the staff report). THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map(adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. 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. Page 8 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf.doc CHAPTER 4:UTILITIES,FACILITIES AND SERVICES 4.2.3 Implementation Strategies E: Work with the school district, ACHD, and developers to establish access options for Eagle Schools via pathways and/or streets. CHAPTER 6:LAND USE 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. 6.5,1 Park Lane Uses: D. The Land use for the properties north of Flint Drive and extending north to Floating Feather Road, east of Eagle High School, is Neighborhood Residential with a Residential Transition Overlay. Development in this area should be designed to ensure compatible residential lot sizing (1-acre lots) adjacent to the Colony Subdivision and transition to a density of up to 3 units per acre near the high school. The overall density of the area should not exceed 2 units per acres. 6.5.3 Park Lane Access/Connectivity D. New residential roads in the area east of Eagle High School should provide connectivity to Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east. CHAPTER 8:TRANSPORTATION 8.4.1 Roadway Strategies P: Local and collector streets through residential neighborhoods are recommended to provide connectivity while being designed to preserve the character of the surrounding neighborhoods through appropriate design techniques, including street width, traffic calming, and traffic control. The goal of the local street system is to provide for local circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to provide this connectivity, new developments should be required to stub access to adjacent undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All new developments should be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section: 8-2-1:Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3,R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two(2)acres(R- Page 9 of 28 K:\Planning Dept\Eagle Applications\Prehminary Development Plans\2022\Cary Ranch Subdivision\Findings\Cary Ranch Sub ccf doc 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 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 8-2A-7:Landscape and Buffer Area Requirements: C. Existing Vegetation: 1. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: Existing Tree Replacement 1 inch to 6 inches caliper 2x caliper of tree removed 61/4 inches to 12 inches 1.5x caliper of tree removed 121/4 inches or more lx caliper of tree removed Removal of the following trees shall not require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. • Eagle City Code Section 8-7-3-5:Conditional Use Permit: D. Conditions Of Permit:Upon the granting of a conditional use permit, conditions may be attached to said permit including,but not limited to,those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services;and 7. Requiring more restrictive standards than those generally required in this title. Page 10 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6:Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Easement width shall be ten(10')feet along rear and front lot lines and five feet along each side lot line, except that lesser easement widths, to coincide with respective setbacks,may be considered as part of a planned unit development. B. A five foot(5')wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council,except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the city council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. D. DISCUSSION(based on the preliminary plat, date stamped by the City on June 13, 2022): • To date, the property is not located within the Eagle Sewer District's service boundaries. The applicant should be required to provide a letter of approval 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. The applicant should be required to comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Also, prior to issuance of any building permits, the applicant should be required to provide proof of central sewer service to the proposed residential use. • The preliminary plat delineates a 16.5' pipeline easement bisecting Lot 1, Block 2, between the southeast and northwest corners of the lot. It is staff's understanding the Marathon Pipeline is located within the easement.The applicant should be required to provide a revised preliminary plat showing the 16.5' pipeline easement located within Lot 1, Block 2, to be located within a common lot. The area south of the easement maintained may be platted as a buildable lot. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The proposed setbacks shown on page PP-1.0 of the preliminary plat are as follows: Front(from back of sidewalk) 30-feet Rear 30-feet Interior Side 15-feet Street Side 30-feet Maximum Lot Coverage 35% Pursuant to Eagle City Code Section 8-2-4,the required setbacks within the R-3 (Residential) zoned area are as follows: Front(from back of sidewalk) 30-feet Rear 25-feet Interior Side 7.5-feet Page 11 of 28 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdiv sion\Findings\Carp Ranch Sub ccf doc Street Side 20-feet Maximum Lot Coverage 40% As proposed, the front setback is being measured from the back of sidewalk. It is a policy of the City to measure the front setback from the property line. Also, the proposed setbacks do not address multi-story structures. Since the applicant has not addressed multi-story structures and a portion of the planter strip and the detached sidewalks are located outside of the right of way, it is staff's opinion the following setbacks should be required: R-1 (Residential)zoned area: Front 31-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 30-feet Interior Side 15-feet(first story)5-feet(each additional story) Street Side 30-feet Maximum Lot Coverage 35% R-3 (Residential)zoned area: Front 31-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 25-feet Interior Side 7.5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • The preliminary plat does not show proposed locations of streetlights within the subdivision. Pursuant to Eagle City Code Section 9-4-1-5,the applicant is required to install streetlights at locations designated by the administrator. As proposed, the subdivision will require streetlights throughout the subdivision. The applicant should be required to provide a revised preliminary plat showing streetlight locations prior to submittal of a design review application. • Page PP5.1 Preliminary Engineering plan of the preliminary plat shows Lots 2, 23, and 27, Block 6, with a 10-foot wide easement located adjacent to the side lot line to allow for the installation of the pressure irrigation line. Pursuant to Eagle City Code Section 9-3-6 (A),the easement width for utilities located along side lot lines is 5-feet in width. The side setback associated with the referenced lots is 7.5-feet. As proposed the easement width will conflict with the proposed setbacks. The applicant should be required to provide a revised preliminary plat showing the pressure irrigation line located within Lots 2, 23, and 27, Block 6, to be located within the required 5-foot interior side lot line easement.The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #6 of the preliminary plat states, "Direct lot access from collectors & arterials is prohibited unless approved by the Ada County Highway District and the City of Eagle." The plat note does not identify the specific roads which access is prohibited. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from N. Delehaye Avenue and W. Floating Feather Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. Page 12 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Pindings\Carp Ranch Sub ccf doc • A portion of plat note #7 identifies that Lots 2, 3, 4, 6, and 7, Block 2 shall take access to N. Delehaye Avenue which is classified as a collector. The preliminary plat shows the collector as N. Delehaye Avenue. The applicant should be required to provide a revised preliminary plat with the sentence contained within plat note#7 referencing "N. Delehaye Avenue" corrected to state, "N. Delehaye Avenue." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • Plat note #11 of the preliminary plat identifies the common lots within the subdivision. One (1) of the common lots is noted as Lot 9, Block 2. The actual common lot as shown on the mapping portion of the preliminary plat is Lot 9,Block 3.The applicant should be required to provide a revised preliminary plat with the reference to Lot 9, Block 2 in plat note #11 revised to state, "Lot 9, Block 3." The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on September 6, 2022, at which time public testimony was taken and the public hearing was closed. The Commission directed the applicant to contact ACHD, ITD, and the Eagle Fire Department transportation concerns which were expressed during the public hearing. The Commission remanded the application to provide the applicant time to address those concerns. The applications were re- noticed and came before the Eagle Planning and Zoning Commission for their recommendation on October 17, 2022, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by ten(10)individuals who indicated concerns with the following: • The proposed density is too high and is not compatible with the adjacent subdivisions. • Traffic from the proposed subdivision will negatively impact the surrounding subdivisions. • West Barefoot Street and West Wind Court should not be extended into the site. • The applicant should be required to extend a pathway from the terminus of West Wind Court (located The Colony Subdivision)into the site. • The area was proposed to be a public park, if the street is extended it would not be safe for the residents residing within Creekwater Subdivision. • The density should not exceed 2-units/acre in the northern portion of the development. • North Cove Colony Way should be closed so that traffic would be required to utilize North Delehaye Way(collector). D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by seven(7)individuals who indicated the following: • The comprehensive plan map shows this area as being designated Public/Semi-Public. • The applicant should be required to install traffic calming devices on North Delehaye Avenue. • They purchased their property with the understanding the subject property was going to be developed into a public park. • The residents of The Colony Subdivision worked with ACHD to ensure that West Wind Court was not extended in the future. • The proposed design and density are compatible with the surrounding area. Page 13 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc • West Barefoot Street should be extended, North Peabody Avenue should be restricted to emergency vehicle access. • The lot lines within the proposed development are in alignment with the lot lines within Creekwater Subdivision. • The applicant should be required to relocate the pool and clubhouse to a common lot located on the west side of North Delehaye Avenue possibly next to the high school. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Residents from Creekwater Subdivision will drive through Carp Ranch Subdivision to access North Delehaye Avenue(collector)to gain access to West State Street. • The applicant should remove seven(7)buildable lots from the development. • The applicant should block North Peabody Street with bollards and only allow emergency access. • The applicant should remove the connection to West Wind Court and replace the street connection with a common lot and pathway. • The applicant should be required to provide some form of traffic calming on North Delehaye Avenue. • The applicant should move the pool and clubhouse to be located on the east side of North Delehaye Avenue. • The stub streets were always intended to be connected in the future. • A street connection to West Wind Court is not warranted since The Colony Subdivision has less density and has a connection to West State Street. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 4 to 1 (Smith against) to recommend approval of A-04-22 and RZ-04-22 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement—PUD) with the conditions of development as provided within the their findings of facts and conclusions of law document,dated November 7,2022. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 4 to 1 (Smith against)to recommend approval of CU-04-22/PPUD-02-22/PP-08- 22 for a conditional use permit, preliminary development plan, and preliminary plat for Carp Ranch Subdivision with the site specific conditions of approval and standard conditions of approval as provided within their findings of facts and conclusions of law document,dated November 7,2022. PUBLIC HEARING OF THE COUNCIL(Public Hearing AudioNideo Record): https://eagle- id.granicus.com/player/clip/1679?view id=1&redirectrtrue&h=3eaf74c00e3ea034612bf8f29a4ebf7e A. A public hearing on the applications was held before the Eagle City Council on September 27, 2022, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by eight (8) individuals who indicated concerns with the following: • The proposed density is too high and unacceptable. • Traffic from the proposed subdivision will negatively impact the surrounding subdivisions. Page 14 of 28 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc • West Barefoot Street and West Wind Court should not be extended into the site. If West Barefoot Street and West Wind Court are extended it will have a negative impact on the adjacent subdivisions. • The applicant should be required to extend a pathway from the terminus of West Wind Court (located within The Colony Subdivision)into the site. • We purchased our home based on the information a public park was going to be constructed on the subject property. • The density should not exceed 2-units/acre in the northern portion of the development. • The trees located adjacent to the canal should be preserved. • The pool and pool house should be moved to the west side of the collector street to better serve the residents of the subdivision. • The applicant should have provided a preliminary plat which reflects the Planning and Zoning Commission's recommended changes. • The applicant's disregard to the recommended changes is disrespectful to the public hearing process and the time the residents have invested in attending the meetings. • Peabody Street should be changed from a street to a pathway to restrict it to pedestrian use only. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City Council by five(5)individuals who indicated the following: • The Planning and Zoning Commission recommended a round a bout be placed on the southern end of North Delehaye Avenue. The round a bout would reduce traffic speed through the subdivision. • A street providing access from The Colony Subdivision to North Delehaye Avenue will better serve the general public than a pathway at that location. The Council should concur with the Planning and Zoning Commission's recommendation. • They purchased their property with the understanding the subject property was going to be developed into a public park. • The residents of The Colony Subdivision worked with ACHD to ensure that West Wind Court was not extended in the future. • The proposed design and density are compatible with the surrounding area. • West Barefoot Street should be extended; North Peabody Avenue should be restricted to emergency vehicle access. • The lot lines within the proposed development are in alignment with the lot lines within Creekwater Subdivision. • The applicant should be required to relocate the pool and clubhouse to a common lot located on the west side of North Delehaye Avenue possibly next to the high school COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE: The Council voted 4 to 0 to approve A-04-22 and RZ-04-22 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA-P (Residential with a development agreement—PUD)and R-3-DA-P (Residential with a development agreement—PUD)with the following Planning and Zoning Commission recommended conditions of development to be placed in a development agreement with underline text to be added by the Council and strike through text to be deleted by the Council: 3.1 The maximum density for the Property shall be 4-8-2 2.00 dwelling units per acre (6-1 69 single- family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any Page 15 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch SubdivisionWindings\Carp Ranch Sub ccf doc conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fences shown, 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 to be installed as shown on the Fencing Plan (Exhibit D). All other fencing(i.e.dog-eared cedar fencing, chainlink)shall be prohibited. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply,and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. 3.5 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. 3.6 Owner shall construct the neighborhood amenities (soccer fields, pathways, pool and clubhouse) identified within the provided narrative and shown on the Concept Plan (Exhibit C). The neighborhood amenities shall be reviewed and approved by the Design Review Board and City Council prior to construction. The amenities shall be constructed with the associated subdivision phase. 3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each 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. Page 16 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf.doc 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 the Exhibit E. 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. 3.8 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit F) to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub- contractors and for monitoring compliance. 3.9 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property.The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve CU-04-22/PPUD-02-22/PP-08-22 for a conditional use permit, preliminary development plan, and preliminary plat for Carp Ranch Subdivision (Exhibit"A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strike through text to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 2. 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). 3. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2) 4. Provide a revised preliminary plat showing the 16.5' pipeline easement located within Lot 1, Block 2, to be located within a common lot. The area south of the easement maintained may be platted as a buildable lot. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 5. The required setbacks shall be as follows: R-1 (Residential)zoned area: Front 31-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 30-feet Interior Side 15-feet(first story)5-feet(each additional story) Street Side 30-feet Maximum Lot Coverage 35% Page 17 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Cary Ranch Subdivision\Pindings\Carp Ranch Sub ccf doc R-3 (Residential)zoned area: Front 31-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 25-feet Interior Side 7.5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 6. Provide a revised preliminary plat showing streetlight locations prior to submittal of a design review application. (ECC 9-4-1-5) 7. Provide a revised preliminary plat showing the pressure irrigation line located within Lots 2, 23, and 27,Block 6,to be located within the required 5-foot interior side lot line easement. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-6) 8. Provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from N. Delehaye Avenue and W. Floating Feather Road is prohibited unless approved by the Ada County Highway District and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 9. Provide a revised preliminary plat with the sentence contained within plat note #7 referencing "N. DelehayeAvenue" corrected to state, "N. Delehaye Avenue." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 10. Provide a revised preliminary plat with the reference to Lot 9, Block 2 in plat note #11 revised to state, "Lot 9, Block 3." The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. 11. 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 withi an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation 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. 12. All living trees shall be preserved unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal 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. Page 18 of 28 K.\Planning Dept\Eagle Applications\Prehminary Development Plans\2022\Carp Ranch Subdivision\Pindings\Carp Ranch Sub ccf.doc 13. liathweysrand-Reereaties-Gemffrissienls Pathway Recommendation, dated-May 28, 2022, prier to the City Glerk signing the final plat. The applicant shall provide a revised preliminary_plat showing an eight-foot (8') wide natural pathway, located on the south side of the Drainage District No. 14 ditch within Lot 28, Block 6. The revised preliminary plat shall be provided prior to submittal of a design review application. The applicant shall provide a copy of the Drainage Ditch No. 14 license agreement prior to the City Clerk signing the final plat. The natural pathway shall be maintained by the Carp Ranch Homeowner's Association. 14. The Carp Ranch Subdivision shall remain under the control of one Homeowners Association.(ECC 9-3-8[D][4]) 15. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity.(ECC 9-4-1-9[C][l]) 17. Owner shall work with the City to establish a Conservation and Education Program(CEP) Funding Plan associated with Carp Ranch Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 18. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. 19. Provide a revised preliminary plat showing the five' buildable lets_e ed f of the a ee located north of the New Dry Crock Ditch and two (2) one (1) buildable lots converted to a common lot within the area located on the north side of West Retreat Street. The revised preliminary plat shall be provided prior to the submittal of a design review application. 20. Delehaye Avenue. The revised preliminary plat shall he provided prior to submittal of a design review-ap«l: ..t: 21. of North Peabody Avenue north of the New Dry Creek Canal. The revised preliminary plat shall bo .ided ..to sub« ittal o f design plicatio« i.:....vv.a Yi.va z. e e 22. ' Block 1, and-Let 1, B-leek 2. The revised preliminary plat shall be provided 23. The applicant shall provide a revised preliminary plat showing the community pool and community clubhouse relocated from Lot 5, Block 2, to the new common lot located on the north side of West Retreat Street. The revised preliminary plat shall be provided prior to submittal of a design review application. Page 19 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doe 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. 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 surety 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. Page 20 of 28 K:\Planning Dept\Eagle Applications\Prehminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc 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 Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements,and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building Page 21 of 28 K\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Cary Ranch SubdivisionWindings\Carp Ranch Sub ccf.doe permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable)shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. Page 22 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subchvision\Findings\Carp Ranch Sub ccf doc 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. Page 23 of 28 K.\Planning Dept\Eagle Apphcations\Prehminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-22/RZ-04-22) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) is consistent with the Neighborhood Residential designation and Transition Overlay area as shown on the Comprehensive Plan Land Use Map since the density will be limited to 2.00 dwelling units per acre which is in conformance with the maximum density permitted within the Park Lane Planning Area as identified within the Eagle Comprehensive Plan; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided,to serve all uses allowed on this property under the proposed zone; c. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zones are compatible with the R-E (Residential-Estates) zone and land use to the north since the property to the north is separated from the subject property by a minor arterial(West Floating Feather Road)and a landscape buffer area is required to be constructed within the subject property along West Floating Feather Road; d. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zones are compatible with the R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement- PUD)zones and land use to the south since that area is currently being developed with a residential subdivision(Whitehurst Subdivision) and the applicant is proposing lots of similar size; e. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zones are compatible with the R-1 (Residential) zone and land use to the east since this area is developed with a residential subdivision and the applicant is required to provide a transition in lot sizing; f. The proposed R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement - PUD) zones are compatible with the R-3-DA (Residential with a development agreement) and PS (Public/Semi-Public) zones and land uses to the west since the northern portion of the adjacent property has been developed with a residential subdivision (Creek Water Subdivision) and the applicant has designed the subdivision which provides a transition of lot sizing. Also, Eagle High School is located adjacent to the remaining portion of the western property line; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan;and h. No non-conforming uses are expected to be created with this rezone. 2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-04-22/PPUD-02-22/PP-08-22) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 8 (Zoning)and Title 9(Subdivisions)because: Page 24 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Pindings\Carp Ranch Sub ccf doc 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. Carp Ranch Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to help offset the cost of supporting public services;and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed with a transition of lot sizing which will be harmonious with the adjacent developments;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Based on the transitioning of lot sizing Carp Ranch Subdivision is proposed to be developed in a manner harmonious with existing and future residential uses in the immediate vicinity. Also, any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval herein;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. Carp Ranch Subdivision will be served by North Delehaye Avenue (collector)connected to West Floating Feather Road(minor arterial);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. Carp Ranch Subdivision will be served by West Delehaye Avenue (collector) and an internal street network located within the development which will be interconnected with the adjacent subdivisions. All central services (including police and fire protection) are available or may be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water,drainage,streets and other urban services will be provided at the developer's expense;and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District,Veolia Water of Idaho,and Ada County Highway District;and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 7.97-acres(23%)of open space. A total of 43.6%of the common area is considered to be active open space. The common area open space consists of the required buffer areas along West Floating Feather Road and North Delehaye Avenue. The remaining open space areas are inclusive of a drainage ditch, pathways, pool and clubhouse, and recreation fields;and Page 25 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Cary Ranch Subdivision\Findings\Carp Ranch Sub ccfdoc h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access to the development will be provided from West Floating Feather Road and North Delehaye Avenue. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic, or historic feature of major importance. The applicant is proposing to preserve several of the existing trees and will be required to mitigate for any trees proposed to be removed; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The Eagle Comprehensive Plan designates the property as Neighborhood Residential with a Transition Overlay. The property is located within the Park Lane Planning area as identified in the Eagle Comprehensive Plan with a density not to exceed two (2)units per acre. The applicant is requesting a R-1-DA-P (Residential with a development agreement — PUD) and R-3-DA-P (Residential with a development agreement — PUD) to allow for flexibility in design while still maintaining the maximum density of the proposed development at 2.00 dwelling units per acre; 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. This applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection This development is located within the boundaries of the Eagle Fire Department. 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 Veolia Water of Idaho water system. The water infrastructure will be constructed at the developer's expense. Page 26 of 28 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Cary Ranch Sub ccf doe Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District's requirements. Street Construction The construction of all streets within the development will be completed by the developer. Upon completion,the streets will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 23%of passive and active open space.The applicant is proposing a swimming pool and clubhouse within one of the common lots and recreation fields within the northern common lot. The applicant is required to construct a public pathway within the common lot located adjacent to the irrigation canal. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Carp Ranch Homeowner's Association.The roads, sewer,and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection will be provided by Hardin Sanitation Service 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 to be collected by Ada County from this development is $5,249 per residence per year, or an annual total of $330,687.00 (Average taxable value [excluding exemption] of$900,000 X Levy rate of 0.005832). p. That suggested public(or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. Page 27 of 28 K:\Planning Dept\Eagle Apphcations\Preliminary Development Plans\2022\Carp Ranch Subdivision\Findings\Carp Ranch Sub ccf doc DATED this 14th day of February, 2023. 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