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Findings - PZ - 2023 - A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 - Shetland Point Subdivision - Annexation and Rezone from RUT, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Shetland Point Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) AN ANNEXATION AND REZONE FROM RUT ) (RURAL-URBAN TRANSITION—ADA COUNTY ) DESIGNATION)AND RI (RESIDENTIAL—ADA ) COUNTY DESIGNATION)TO R-3-DA-P(RESIDENTIAL ) WITH A DEVELOPMENT AGREEMENT—PUD), ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY PLAT ) FOR SHETLAND POINT SUBDIVISION FOR A TEAM ) CONSULTANTS—STEVE ARNOLD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-08-22/RZ-10-22/CU-09-22/PPUD-06-22/PP-16-22 The above-entitled annexation,rezone with a development agreement, conditional use permit,preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on February 21, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Steve Arnold with A Team Land Consultants is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) and RI (Residential — Ada County designation) to R-3-DA-P (Residential with a development agreement — PUD), conditional us permit, preliminary development plan, and preliminary plat approvals for Shetland Point Subdivision, a 13-lot (10-buildable, 1-existing residence, 2-common) residential planned unit development. The 5.10-acre site is located on the west side of North Park Lane approximately 400-feet south of the intersection of West Floating Feather Road and North Park Lane at 1025 North Park Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on Tuesday, March 29, 2022, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 17, 2022. A revised preliminary development plan—preliminary plat was submitted to the City on November 29, 2022. A second revised preliminary development plan—preliminary plat,revised narrative, and revised"Pressure Irrigation Assessment Report" were submitted to the City on December 27, 2022. A revised pressurized irrigation request was submitted to the City on January 12, 2023. A third revised preliminary development plan—preliminary plat was submitted to the City on February 1, 2023. A second revised narrative was submitted to the City on February 8,2023. Pagel of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2022\Shetland Point Subdivision\Findings\Shetland Point Sub pzf.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on June 23, 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 February 3, 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 February 3, 2023. The site was posted in accordance with the Eagle City Code on February 10, 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 February 8, 2023 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Single-Family Residence Residential Transition—Ada County (Transition Overlay) designation)and RI (Residential—Ada County designation) Proposed No Change R-3-DA-P(Residential Single-Family,Residential with a development Planned Unit Development agreement—PUD) North of site Neighborhood RUT(Rural-Urban Church Residential Transition—Ada County (Transition Overlay) designation) South of site Neighborhood R-E(Residential-Estates) Single-Family Residential Residential Subdivision(Rays Acres (Transition Overlay) Subdivision) East of site Neighborhood R-3-DA(Residential Single-Family Residential Residential with a development (Monticello Estates (Transition Overlay) agreement),RUT(Rural- Subdivision), Single-Family and Public/Semi- Urban Transition—Ada Residential Subdivision public County designation)and (Rays Acres Subdivision) PS(Public/Semipublic) and Eagle High School West of site Neighborhood RUT(Rural-Urban Single-Family Residential Residential Transition—Ada County Subdivision(Asbury Park (Transition Overlay) designation)and R-E-DA No. 1) (Residential-Estates with a development agreement) Page 2 of 23 KAPlanning Dept\Eagle ApplicationsTmlimioary Development Plaos\2022\Shetland Point Subdivision\Findings\Shedand Point Sub pzf.doc H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA. I. SITE DATA: Total Acreage of Site—5.10-acres Total Number of Lots— 13 Residential— 10(including one [1] existing) Commercial— 0 Industrial— 0 Common—2 Total Number of Units— 11 Single-family— 11 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 2.16-dwelling units/acre 2.16-dwelling units per acre maximum(as limited by the development agreement) Minimum Lot Size 10,10 1-square feet 10,000-square feet Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)—pursuant to ECC Section 8-6-6-5(A). The offsetting increase of the required percentage in open space has been provided. Minimum Lot Width 75-feet 75-feet(minimum) Minimum Street Frontage 71-feet 35-feet Total Acreage of Common Area Open 1.11-acres 1.02-acres(minimum) Space Page 3 of 23 KAPIanning Dept\Eagle ApplicationsTrelitnivary Development Plans\2022VSbetland Point SubdivisionTindingsMetland Point Sub pzf doc Additional Site Data Proposed Required Percent of Site as Common Area 21.7% 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 or in subdivisions with 11 or more lots. Percent of Common Area Open Space 21.8%(11,445-square feet) 15%(7,843-square feet) as Active Open Space (minimum) J. GENERAL SITE DESIGN FEATURES: Open Space: A total of 1.11-acres (21.7%)of open space is proposed within the subdivision. The common area open space consists of the required buffer area along Park Lane and a common lot(Lot 13, Block 1) located on the south side of Mustang Place. The common lot south of Mustang Place is proposed to consist of two (2)gazebos, 8-foot wide pathway, ACHD storm water facility,planter strips,and a landscape island. Landscape Screening: The applicant is proposing a 35-foot-wide landscaped buffer along Park Lane (collector) located adjacent to the development. The proposed widths of the landscaped buffer areas are in conformance with Eagle City Code Section 8-2A-7(J)(4). 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 graded so all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: The proposed easement widths as noted on the preliminary plat, date stamped by the City on February 1, 2023, are in conformance with Eagle City Code Section 9-3-6. The existing house is served by overhead power. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on February 1, 2023, shows two (2) fire hydrants located within the subdivision. The first fire hydrant is located on the north side of Mustang Place in proximity to the intersection of Park Lane and Mustang Place. The second fire hydrant is located on the north side of Mustang Place approximately 500-feet from the entrance of the subdivision to Park Lane. Hydrants are to be located and installed as required by the Eagle Fire Department. Page 4 of 23 KAPlanning Dept\Eagle ApplicationsTrehmim uy Development Plans\2022\Shetland Point SubdivisionTindings\Shedand Point Sub pzf.doc On-site Septic System: The existing residential dwelling located in proximity to the northeast corner of the property is served by a septic system. The septic system will be abandoned during construction of the subdivision. Preservation of Existing Natural Features: The existing home is surrounded by several mature trees. The applicant will be required to preserve the existing trees or mitigate for any trees proposed to be removed. 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 development will be served by a single public street. The construction plans associated with the proposed public street will be reviewed and approved by Ada County Highway District prior to construction. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500%None Cul-de-sac Design: One(1)cul-de-sac is proposed: Mustang Place: 760-feet in length, 50-foot radius Sidewalks: The preliminary plat, date stamped by the City on February 1, 2023, show a five-foot-wide detached sidewalk located on the north side of Mustang Place. 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 PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the City on February 1, 2023, shows two (2) eight-foot- wide detached pedestrian pathways. The pedestrian pathways are located on the south side of Mustang Place and adjacent to Park Lane. Page 5 of 23 KAPlaoning Dept\Eagle ApplicationsTreliminary Development Plans\2022\Shetland Point Subdivision\Findings\Shetland Point Sub pzf.doc Bike Paths:None proposed. M. PUBLIC USES PROPOSED:None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The Eagle Sewer District provided an email which indicated the property is not annexed into the District. Upon annexation, the property may be served from a sewer line located within North Park Lane. The property will be served by Veolia Water of Idaho,Inc. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees — yes— several trees located behind the existing residence located at the northeast comer of the property Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—yes—within the existing trees Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): 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 February 15, 2023, are of special concern(attached to the staff report). Ada County Highway District Central District Health Eagle Fire Department Eagle Sewer District S. LETTERS FROM THE PUBLIC: None received to date. T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The development is proposed to be constructed 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. Page 6 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans12022\Shetland Point Subdivision\FindingsShedand Point Sub pzf doe 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs(incorporating eleven (11)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. 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 Page 7 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2022VShcdmd Point Subdivision\Findings\Shetland Point Sub pzf.doc 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. Page 8 of 23 KAPlaoning Dept\Eagle ApplicationsTreliminary Development Plans\2022\Shetland Point SubdivisionTindingsMetland Point Sub pzf doc V. FISCAL IMPACT ANALYSIS: See Developer Data Table, date stamped by the City on June 17, 2022, along with analysis table (attached to the staff report). THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.5 Land Use Designation The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single-family residential.Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for 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. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-24: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area ---- Lot (Acres Or Minimum Zoning j Maximum Interior Street Covered F Square Lot District Height 1 Front 1 Rear Side Side And J* Feet)H* i Width I* R-3 i 35' �30' --- — 25' 7.5' 20' 40% 10,000 75' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: A. Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following: 1. Boundaries,property lines,and dimensions. 2. Existing trees and vegetation identified by species and size. Page 9 of 23 KAPlaoning Dept\Eagle ApplicationsTreliminary Development Plans\2022\.Shetland Point SubdivisionTindinpMetland Point Sub pAdoc C. Retention,Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an acceptable replacement would be two (2) six feet(6)tall coniferous trees. • Eagle City Code Section 8-2A-7(n(4)(a): Landscape and Buffer Area Requirements: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: four(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two(2)flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (F) vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required • Eagle City Code Section 9-4-1-9(C)(1)(a): Water Supply and Sewer Systems: C. Pressurized Irrigation Facilities: 1. All residential dwelling units and subdivision common areas shall be provided with a pressurized irrigation system to be served with irrigation water from a surface water right 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. Page 10 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2022\Shedand Point SubdivisionTindingAShedand Point Sub pd.doc 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. 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. D. DISCUSSION(based on the preliminary plat, date stamped by the City on February], 2023): • The site contains several mature trees located in proximity to the northeast corner of the site. Based on the location of the mature trees, the applicant should be required to provide a detailed arborist report and a tree inventory map identifying all existing trees located on site. The report should identify, at a minimum, species, size, and health of the trees. The arborist report and map should be provided with the submittal of a design review application. Also, the applicant should provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees (if removal is approved by the City). No trees should be removed from the site prior to city approval of a tree removal and replacement plan. • The preliminary plat shows a shop located south of the existing house.The preliminary plat labels the shop is to be removed. The shop (as identified on the preliminary plat) located on the site should be removed prior to the City Clerk signing the final plat. • The site contains an overhead power line which serves the existing house located in proximity to the northeast corner of the property. Pursuant to Eagle City Code Section 9-4-1-8, utilities are required to be located underground. The applicant should be required to remove the overhead power located at the northeast corner of the property prior the City Clerk signing the first fmal Page 11 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2022\Shetland Point Subdivision\Findings�Shetland Point Sub pA..doc plat. • As proposed, the subdivision contains 5.10-acres. The applicant provided a revised "Pressure Irrigation Assessment Report," date stamped by the City on February 6, 2023, and a revised narrative, date stamped by the City on February 8, 2023, which indicates the applicant only has water rights associated with two (2) acres of the proposed development. At the time of purchase of the western 3.10-acres, the seller refused to transfer the water shares associated with property. The project engineer has modeled a system utilizing the existing water rights to supply the eleven (11) buildable lots. Although they are proposing a rotating schedule for pressure irrigation, the applicant is requesting a waiver of the pressure irrigation requirement for the common lots within the subdivision. It is the applicant's desire to utilize the Veolia Water System to irrigate the common area. Pursuant to Eagle City Code Section 9-4-1-9(C)(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. 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. 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. There was a water right associated with the property; however, the seller did not transfer the associated water right based on the area being purchased to increase the availability of water to the property the seller retained. Staff will defer to the Council regarding granting a partial waiver of the required pressurized irrigation system. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on February 21, 2023, 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 two(2)individuals who indicated concerns with the following: • As proposed,the subdivision does not provide a transition to the adjacent properties. • The proposed density is too high and is not compatible with the adjacent subdivisions. • The density should not exceed one unit/acre. • The drainage ditch located along the southern boundary should remain uncovered. • How will the drainage ditch be maintained after it has been piped. • The subdivision does not contain any retention ponds for irrigation water. Page 12 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plaos\2022\Shetland Point SubdivisionTindingAShedand Point Sub pzf.doc COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • Although the adjacent properties are larger in size the area located in proximity to the site is developed with similar density;therefore, the subdivision is harmonious with the greater area. • The applicant reconfigured the subdivision based on neighborhood input. • The irrigation company desires the ditch to be tiled. • The waiver request to allow the common areas to be irrigated from a potable water source should be approved. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 3 to 0 (Guerber and McLaughlin absent) to recommend approval of A-08-22 and RZ-10-22 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to R-3-DA-P (Residential with a development agreement — PUD) with the following staff recommended conditions to be placed within a development agreement: 3.1 The maximum density for the Property shall be 2.16 dwelling units per acre(11 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 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 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. Page 13 of 23 KAPleming DeptlEagle AppliationsTreGminary Development Plaos\2022\,Shetlmd Point Subdivision\Findings\Sbedand Point Sub pzf.doc 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 submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the all common areas throughout the development, 3) landscape screening details and buffering for the common lots located adjacent to North Park Lane, 4) elevation plans for all proposed common area structures and irrigation pump house(if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 In conjunction with 3.7 above, all living trees shall be preserved,unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.9 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. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 3 to 0 (Guerber and McLaughlin absent) to recommend approval of CU-09- 22/PPUD-06-22/PP-16-22 for a conditional use permit, preliminary development plan, and preliminary plat for Shetland Point Subdivision (Exhibit "A") with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-10- 22. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The accessory structure located on the site shall be removed prior to the City Clerk signing the final plat. Page 14 of 23 KAPlanoing Dept\Eagle Applications\Prelimina Development Plans\2022\Shetlaud Point SubdivisionWindings\Shedand Point Sub pddoc 5. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located onsite. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 6. The applicant shall be required to remove the overhead power serving the existing house located at the northeast corner of the property prior the City Clerk signing the final plat. 7. The developer shall provide shade-class (Class II) trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line,or as approved by the Design Review Board. The trees shall be located within an 8-foot- wide landscape strip between the 5-foot-wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation 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. (ECC 8-2A-7[E] and ECC 8-2A-18) 8. 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 (n. 9. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to the City Clerk signing the final plat. (ECC 9-4-1-2) 10. 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][1]) 11. The Shetland Point Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 12. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Shetland Point Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 13. 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. 14. Pursuant to Eagle City Code Section 9-4-1-9(C)(2)(a)a partial waiver of pressure irrigation is approved to allow the common areas to be irrigated from the potable water system. Page 15 of 23 KAPlanning Dept\Eagle AppliationsTreliminary Development Plans\2022\S6etland Point SubdivisionTindingsMetland Point Sub pzC.doc 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 fmal 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 16 of 23 KAPlaoning Dept\Eagle ApplicationsTrelimioary Development Plans\2022\Shetland Point SubdivisionTindings\Shedaud Point Sub pd.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 17 of 23 KAPlanning DeptEnle ApplicationsTteliminary Development Plans\20221.Sbedand Point Subdivision\Findings\Sbetland Point Sub pzf doc 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 18 of 23 KAPlanning DeptTagle ApplicationsTneliminary Development Plaos\2022\Shetland Point SubdivisionTindingAShetland Point Sub pzf.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 19 of 23 KAPhmniog DeptTagle ApplicationsTteliminary Development Plsus\2022\ShMlaud Point Subdivision\Findings\Shedand Point Sub pzf.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 Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-08-22/RZ-10-22) 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-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 2.16 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-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the RUT (Rural-Urban Transition Ada County designation)zone and land use to the north since the property to the north contains a church with a recreational field; d. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with R-E (Residential-Estates) zone and land use to the south since that area contains a single-family dwelling and the applicant is proposing a common lot located along the southern property line of the proposed development; e. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the R-3-DA(Residential with a development agreement), R-1 (Residential Ad), and PS (Public/Semipublic) zones and land uses to the east since this area is developed with residential subdivisions (Monticello Estates Subdivision and Ray Acres Subdivision) and Eagle High School and will be separated from those uses by a landscape buffer and North Park Lane; f. The proposed R-3-DA-P (Residential with a development agreement - PUD) zoning district is compatible with the RUT (Rural-Urban Transition Ada County designation) zones and land use to the west since this area contains a residential subdivision (Ashbury Park Subdivision No. 1) and the applicant is required to provide a transition in lot sizing; 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 Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-09-22/PPUD-06-22/PP-16-22) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Page 20 of 23 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2022VShedand Point Subdivision\Findings\Shetland Point Sub pzf.doc Shetland Point 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; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Based on the lot sizing Shetland Point Subdivision is proposed to be developed in a manner harmonious with existing and future 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. Shetland Point Subdivision will be served by Mustang Place (local) connected to North Park Lane(collector); 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. Shetland Point Subdivision will be served by an internal street located within the development. 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 1.11-acres (21.7%) of open space. A total of 21.8% of the common area is considered to be active open space. The common area open space consists of the required buffer area along North Park Lane and landscape island. The remaining open space area is inclusive of an 8-foot pathway and two(2)gazebos; and 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 North Park Lane. 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. Page 21 of 23 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2022VShetland Point SubdivisionTindingAShetland Point Sub pzf.doc The applicant is proposing to preserve 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. The applicant is requesting a 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 2.16 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. in. 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. 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. Page 22 of 23 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2022\Shetland Point SubdivisionTindingsMetland Point Sub pzf doc Open Space The development will contain a minimum of 21.7% of passive and active open space. The applicant is proposing two (2) gazebos and an 8-foot wide pedestrian pathway within one of the common lots. 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 Shetland Point 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 the City of Eagle from this development is $4,144 per residence per year, or an annual total of $45,584.00 (Average taxable value [excluding exemption] of$900,000 X Levy rate of 0.0041869). p. That suggested public (or private) means of financing the services for t$e development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 6th day of March,2023. 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