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Findings - PZ - 2018 - RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18 - Molinari Park SubdivisionBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE WITH A DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR MOLINARI PARK SUBDIVISION FOR EAGLE 26, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18 The above -entitled 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 consideration on October 1, 2018, at which time public testimony was taken. The Commission requested the applicant provide an exhibit showing the locations and height of the apartment buildings and a redline version of the applicant's requested changes to the recommended conditions of approval. The Commission continued the applications to the October 15, 2018, meeting to provide the applicant the opportunity to bring back the requested information. The applicant provided the requested information, date stamped by the City on October 9, 2018. The exhibit showing the locations and height of the apartment buildings and a redline version of the applicant's requested changes to the recommended conditions of approval came before the Commission for their consideration on October 15, 2018, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Eagle 26, LLC, represented by John King with Pivot North Architecture, is requesting a rezone from CBD (Central Business District) to CBD -DA -P (Central Business District with a development agreement — PUD), conditional use permit (including a height exception), preliminary development plan, and preliminary plat approvals for Molinari Park Subdivision, a 117 -lot, 342 -unit (91-townhome, 3-commercial/residential [consisting of 248 -units], 6 - commercial, 17 -common [inclusive of 3 -private streets]) mixed use planned unit development. The 24.6 -acre site is located on the south side of East Plaza Drive approximately 300 -feet east of the intersection of South 2nd Street and East Plaza Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) from 6:00 PM to 8:00 PM, on Monday, March 19, 2018, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on May 31, 2018. A revised preliminary development plan and conditional use permit application for planned units developments and a revised preliminary plat application were provided on June 18, 2018. A revised preliminary plat/preliminary development plan was provided on June 18, 2018. A second revised preliminary plat/preliminary development plan was provided on September 11, 2018. A revised narrative, a second revised preliminary development plan and conditional use permit application for planned unit development application, and a second revised preliminary plat application were provided on September 18, 2018. Page 1 of 47 K:1Planning Ikptll:agk: Applications1Preliminary Ikwlopment Plans120181Molinari Park Sub pif.doe C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 1, 2018. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 29, 2018. Requests for agencies' reviews were transmitted on June 5, 2018 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on September 6, 2018. D. HISTORY OF REVELANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING DESIGNATION DESIGNATION Existing Downtown CBD (Central Business Proposed No Change CBD -DA -P (Central Business District with a District) development agreement — PUD) North of site Downtown CBD (Central Business District) South of site Commercial and Mixed Use C -3 -DA (Highway Business District with a development agreement) and MU -DA (Mixed Use with a development agreement) East of site Downtown MU (Mixed Use) West of site Downtown CBD and CBD -DA (Central Business District and Central Business District with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT: LAND USE Vacant parcels Mixed use development including commercial, retail, single-family attached townhomes, and multi- family residential Paddy Row Subdivision (residential), mobile home parks, and a storage facility SH -44 and Eagle River Development Commercial subdivision (Merrill Subdivisions No. 2 and No. 4 Senior living facility and office building (Lot 1, Block 1, Forum Subdivision) The subject side is located within the Community Entry Development Area (CEDA). Page 2 of 47 K:1Planning Ihptll:aglc Applications\I'rnliminary Development 1'lanc120186M1oIinari Park Sub ptLJoc H. SITE DATA: Total Acreage of Site — 24.6 -acres Total Number of Lots — 117 Total Number of Units - 342 Residential — 91 Commercial — 6 Mixed Use — 3 Common — 17 Single-family — 0 Duplex — 0 Multi -family (inclusive of townhomes) — 342 Total Acreage of Any Out -Parcels — 0 Additional Site Data Proposed Dwelling Units Per Gross Acre 17.03 -dwelling units per acre Minimum Lot Size 1,613 -square feet Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Open Space 23 -feet 21 -feet 4.65 -acres* Percent of Site as Common Area 23.16%* Open Space Required 17.03 -dwelling units per acre (as limited within the development agreement) 500 -square feet (minimum) 25 -feet (minimum) 0 -feet 4.02 -acres (minimum) 20% Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Inclusive of the carports with green (landscaped) roofs. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat/development plan, date stamped by the City on September 11, 2018, shows a 50 -foot wide buffer area located between the residential area and State Highway 44. The western half of the landscaped area will contain a l0 -foot wide pathway area located adjacent to the state highway. At the midpoint of residential area, the 10 -foot wide pathway will extend into the commercial area to East Plaza Drive then extending east to North Palmetto Avenue where it will extend south to State Highway 44 making a connection to the existing pathway located adjacent to the state highway. Page 3 of 47 K: I'Lennmg Ikpt\Eagle Applicatiutn\Prcliminary Development Plans120181Molinari Park Sub pil.Jnc Open Space: A total of 4.65 -acres of open space (inclusive of the carports with green [landscaped] roofs) is proposed within the development. The open space consists of a public gathering place located adjacent to East Plaza Drive and in proximity to the retail uses. This area will consist of a sculpture plaza, retail plaza, and a grassy berm area. The townhome areas have open space areas which will include a sensory garden, playground and linear park. The townhome and apartments areas also have open space areas consisting of pathways to provide interconnectivity throughout the development. 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 12 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) — No Preservation of Existing Natural Features: The site contains mature trees located adjacent to the Ballentyne Canal and in alignment with East Cedar Ridge Street. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: •.•••••7 7114. e, .416 "-IC l :s• r14._s .6inu.r>:r.1 i,% 1 :7% 0,. 1.r :'p:1•I: Ie+ TYPICAL E. CEDAR RIDGE STREET SECTION (AT BULBOUTS) KAIN NOT 10 KAII .r •:M"7K • :ZiL • -.XL e' :4.01C 4,4 •'ram.. •t r.0.011.•• 7G"Ir RLA ('VW •KG •r MI, TYPICAL C. CEDAR RIDGE STREET SECTION (WITH PARKING) SCAM NOT TO WALT �7t11r- -r .utrwuis.^c-f+1 :•r :n y t/i'4 41•4• .4•71[•: •rdY\• Z_ • -1 K ...:_ :.rel 9•l1Ci 1 i a TYPICAL ALLEY 'A' & 'IT SECTION A {i 10....1.1,1 WI TO 'TAU a .w Aa•.4 • ..1.1.11 1 •rr Yv �:-t.. •Cl 3:: .1.3 r••C4 RlJ _:l0► TYPICAt. ACCESS DRIVE / PRIVATE ROAD 'IT (26 CLEAR) KAL0 NOt TO KAL2 Page 4 of 47 K:II'lanning IkptAEagk Applications\Prrtiminary Development I'lan.+120181biolinari lark Sub pit -Aloe I;1 1,461']I'tW•' tit •-.SC VI I • TYPICAL PRIVATE ROAD T' SECTION (AT BULBOUTS) WAIL 'SOT TO tCAtt I: rl:r•rI 1'''J...; :'M.1-, JJMJ nr•'In.A:•nl••••::: •% St Ott J"'• '1••r1 7•0141, TYPICAL PRIVATE ROAD •E' SECTION (WITH PARKING) tlAlta OUT IO ICA'S f.:1 •r ti• .2.341or V - r :J• I :n . y ( %. F 1 M' •. • •-f fit.• • 4.1 :••2114! - TYPICAL PRIVATE ROAD 'A' SECTION (AT MAHOUTS) ttGwlt• WT IN WAIT •a • t t'.,.i 1 I / •'1A',J4 •:'•••L l"•t • r •ITA' ••• t ••/f a TYPICAL PRIVATE ROAD 'A' SECTION (WITH PARKING) KW. MIT TO KAU i• J., ♦ ;!LA :••14t. J.•-:. att.tt',titt 1 :••'r•r M•: r • ;� As •. sr 4N ✓ TYPICAL PRIVATE ROAD'! SECTION (20 CLEAR) tCM L •VVI TO KAt t t• r •• r i rJ 1•1'1'.n:J1fA1 •:'M Al 4•.• tl 1.• :n I :n y� �t +.r • TYPICAL PRIVATE. ROAD 'D' SECTION (AT BULBOIJTS) K At J..'OI TO KAI) 0 [Jj 0 1 •r l ,Sar 1v (-,�V '�~� :T I Jnr 1,11P•11. " .W..6•. s• n't'•JN••z. •• •,c •r t :••r.4.17: • TYPICAL PRIVATE: ROAD IT SECTION (WITH PARKING) 1K T. Ap/ VOtKJIII 0 Applicant's Justification for Private Streets: See applicant's justification letter, date stamped by the City on September 25, 2018 (attached to the staff report). Blocks Less Than 500': Cul-de-sac Design: None Sidewalks: See the Typical Road Sections identified above in Item "J" Street Design. 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. Page 5 of 47 K:U'lanning Ucptlliagk ApplicatiunsU'mliminary Development l'lan,120lx\Mulituri Park Sub pclaloc K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The development contains pathways throughout the residential areas with sidewalks located adjacent to the streets. The preliminary plat, date stamped by the City on September 11, 2018, also shows a 10 -foot wide pathway located adjacent to State Highway 44 from the western property line then turning northward in alignment with the east side of Private Road "E". Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: The applicant is proposing a 33,794 -square foot public park located within Lot 72C, Block 2. The applicant is also proposing a l0 -foot wide public pathway located adjacent to the state highway between the west property line and the central private drive area. The paved pathway will continue north adjacent to the private drive continuing through the mixed use area and providing a connection to East Plaza Drive. The paved pathway is being designed to accommodate a future pedestrian bike under/overpass that will provide access to a pedestrian pathway located on the opposite side of the state highway. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes — centrally located within the site Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated August 8, 2018 are of special concern (attached to the staff report). Ken Acuff, City Water Supervisor, email correspondence dated June 5, 2018 (attached to the staff report). Ada County Highway District Andeavor Ballentyne Ditch Company Page 6 of 47 K:1Planning DeptlEagk Applications\l'reliminary Development I'Ians1211IR1Molinari Park Sub pd:doc Q. Boise River Flood Control District #10 Central District Health Department COMPASS (Communities in Motion 2040 Development Review) Department of Environmental Quality Eagle Fire Department Sawtooth Law Offices (Drainage District #2) LETTERS FROM THE PUBLIC: None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant provided a potential phasing plan, date stamped by the City on September 20, 2018. The phasing plan shows the development will be constructed in four (4) phases with the first phase starting in the spring of 2019 and the fourth phase starting in the spring/summer of 2020. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Page 7 of 47 K:1PIanning I)ept\Eagle Applications\l'rcliminary Development I'Ians120D i\Molinari Park Sub WAN: x In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as the following: Downtown Suitable primarily for development that accommodates and encourages further expansion and renewal in the downtown core. A variety of business, public, quasi -public, cultural, ancillary residential and other related uses are encouraged. The greatest possible concentration of retail sales and business is to occur in this land use designation. Pedestrian friendly uses and developments are encouraged. Residential only development should be discouraged. Land within this district is the only place to utilize the CBD zoning designation. Other zones within Downtown Eagle may include Mixed Use, Residential, Commercial and Professional Office. Scenic Corridor An overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration, regional trails and connectivity. Page 8 of 47 K:U'lanning Dcpt\Eagle Applicationsll'rctiminary Development 1'Iaac1201t31Molinari !'ark Sub p,t doc 6.17.1 Downtown Eagle Goals B. Make downtown easy to get to for all modes of transportation and all generations - seek to expand and develop an interconnected street and pathway system. C. Maintain Downtown Eagle as the heart of the community, the cultural center of the City, with cohesive and complimentary architecture, planned and meaningful open spaces, pedestrian friendly streetscapes, ample parking. 6.17.2 Downtown Eagle General Objectives A. Ensure that development in downtown Eagle is designed to enhance the following: 2. Walkabilitv: Create a pedestrian oriented city center that is interconnected and compact in size with a variety of uses that encourage citizens to park once and walk between destinations. 6. infill Development: Encourage high density and intensity development to locate in Downtown Eagle creating a more vibrant center. Encourage and promote residential uses in and within walking distance of Downtown Eagle enabling a more efficient use of the existing infrastructure investment and resources while offsetting the high cost of land and creating a more convenient place to live and work. d. Take advantage of the existing infrastructure (sewer, water, and roads) to increase the intensity of downtown (employment and housing) while designing a unique pedestrian environment (wide sidewalks, cafe seating, trees, and public art) within and adjacent to the existing rights of way. f. Promote the use of parking structures, rear/alley loaded parking, and on -street parking to discourage large surface Tots within Downtown Eagle. Incorporate pedestrian, bicycle, vehicle, and public transit into the transportation plan for the downtown. J. Establish a system of streets, pathways and open space networks that strengthen connections into and through Downtown Eagle. U. Streets in the Plaza Area should include the following elements (See Figure 6.20): Tenant Zone: A businesses front yard, an area for merchandise displays, cafe seating, and tenant identification. Walkable Zone: An unfettered area for the express purpose of pedestrian movements through the area. Furnishing Zone: An area for pedestrian amenities including streetlights, benches, bike racks, and public art. Buffer Zone: An area that provides separation between pedestrian uses and vehicles May include landscaping, street trees, or stamped/decorative concrete. Page 9 of 47 h 11'I,mmng I )epi l igle Applhauon,\Prohmm,in De,clopmmnt Plan,\?u1%\\lolinan Park Sub NJ dm: Figure 6.20: Required Elements of Downtown Streetscapes T)NAXT ZONE tv.tl I. tHI r VOVY. t tIRNI, I HNC: '(1'4 K rFt1.K Zc INC T NAFFS, /•oXF- ' 1,. lU J V. Plaza Area should be designed to emphasize the use of first floor retail and public gathering spaces (plazas, fountains, and cafe seating) to draw people on to the sidewalks and outdoor areas. (See Figure 6.20) The Plaza Area should be designed to focus on the pedestrian experience by creating outdoor rooms and spaces that increase access and visibility to businesses in the area. Z. All uses within downtown Eagle should be designed with pedestrian movement as a priority. Establish a system of sidewalks, trails, pathways, and green spaces that allow residents and visitors to move easily through the area while limiting pedestrian/auto conflicts. BB.Attached sidewalks should be encouraged in areas where retail and commercial is located on the first floor. DD.Land uses along State Street, to the north and east of the Plaza Area should be designed with uses, a building scale, and functions similar to Winding Creek and the Rocky Mountain Business Park. These areas should include: Shared/joint parking and access, Rear and side located parking to avoid parking areas along State Street, Land uses should include mixed use office and medium density residential (live/work units, bungalow courts, row houses, and condominiums). HH.Encourage innovative designs that complement the setting in which a building is being placed as opposed to strict adherence to a specific architectural style .l.l. Specific design elements should include bulb outs at intersection crossings and the integration of pedestrian amenities such as benches, trees, planters, and public art. Page 10 of 47 K \L I.rnniq ucpt\I.agk Application, \Prehnenar I kselupmenr Plan.\?n l xI'ark tiuh pil dot 6.17.4 Plaza Planning Area The Plaza Planning Area while immediately east and south of the Olde Towne, will have characteristics that are distinct from but compatible with that of Olde Towne. The Plaza Planning Area will provide supporting residential, retail, and employment uses that are critical to the vitality and evolving functions of Downtown and together with Olde Towne, form the Downtown core of the city. The southern portion of the Plaza Planning Area, unlike other portions of Downtown Eagle, is largely under -developed with large unplatted single -ownerships with high visibility to State Highway 44. Land uses in the northern portion of the planning area is a mixture of manufactured homes, apartments, older highway oriented commercial (before the bypass construction), and newer office development. The development of this area will Include two very different purposes. Map 6.24,: Plaza Planning Area T 1 1.1 — �� �1 7 / i ` ) i 1 • iit i ,,,I' - L7.-1/ TT T TTI 1 City of Eagle Plaza Planning Area The vision for the Plaza Area is to create a Transit Ready Development (TRD). A TRD is similar to a Transit Oriented Development (TOD) except a TRD recognizes the need to establish transit supporting land use patterns before transit can be provided (See Figure 6.29). The City has spent a significant amount of time working with the Regional Transit Authority, COMPASS, and neighboring jurisdictions to establish policies for the creation of a regional transit route along State Highway 44 and have included this area as potential Page 1 1 of 47 K1PIannmg 1 h pi\I agle ApplicanonsTtelumndr.N I)1 eIopnn•nl PI. n.1_'i118\Mohrun Park Sub p,i dm transit node in the future. The directives and design guidelines from the State Street TOD Study should be reviewed for inclusion in the codes and guidelines for the Plaza Area. A. Develop the Plaza Planning area as a TRD neighborhood including the following design features: Street facilities for walking and biking; high-density development within a 10 -minute walk radius of the transit ready development center; street connectivity and traffic calming features to control vehicle traffic speeds; mixed-use development that includes schools, retail uses, shopping, and various housing types; and Parking management to reduce the land devoted to parking. B. The Plaza Area should capitalize on the growing demographic and lifestyle trends favoring a preference for urban amenities and downtown centers to capture a larger share of regional investment. The Plaza Area should promote: • A variety of compact housing options for a range of income levels; • A range of entertainment and retail/restaurant offerings in an amenity -rich pedestrian environment; • The establishment of a new civic/employment district within walking distance of downtown housing and Olde Towne Eagle; • The expansion of culture, arts, and educational opportunities; and • Better connections within and to the downtown, including access and improvements to State Highway 44, expanding the street grid, and enhancement of the public transit service and facilities. Figure 6.29: Transit Ready Development Connection to SH -44 and Greenspace C. Land uses within the Plaza Area should include residential, office, commercial/retail, and entertainment. Unlike the other portions of the Downtown, the Plaza Area has the potential to be piaster -planned to allow for the purposeful and intentional integration of uses that cannot be achieved in other portions of the Downtown. These uses include: Hotels, Entertainment venues, Convention Centers, and Limited/Light Manufacturing/Production. D. Plaza Area land uses should be as broad as possible but should focus on providing a mixture of uses (office, residential, commercial) on each block and in each building. (See Figure 6.30) E. Employment uses beyond retail/service commercial within the Plaza Planning Area could include: Call centers, Research and development, Professional Services, Business Centers, Sinai! Business Incubators. F. Fill the Plaza Area with residential uses that provide an active audience for local businesses, restaurants, entertainment, and services thereby giving them a reason to remain open into the evening so residents and citizens will have a unique social experience that cannot be found in other parts of the City and region. Page 12 of 47 R \I'lamung 1 hpt\I,aelt ApphtatwmV'rehmmen I )nelopment I'lanc\2111 K\\tohnan Parksoh pil du. Medium/High I Density Residential l'nits per acre Fi<2tIre 6.30: Plaza Land Uses Land Use Intensity General Guide to Plaza Land Use Mixture High Density Residential 13+ Units per acre -- M edium Density — MediumDensity Residential 4-8 Units per acre Low Density Residential 3-4 Units per acre Regional Retail 300,000+ Sq ft. Market Scale' N. Ada county General Commercial & Retail 30,000 —150,000 Sq ft. N eighborhood Retail & Services 10,000-50,000 Sq ft. Local Support/Boutique Up to 5.000 Sq ft Niche Market High Density Employment 4-6 Stories Mixed D evelopmenti Employment 3-4 Stories Low Density Office The highlighted uses above represent the combined uses that at? appropriate inthe Plaza Ai ea Specific applicability. •:,III be (Tell?ridentr.rponth? mixture of uses Identified inthe subareatext of this plait Th? partial inclusion of a land use indicates a limited potential; opportunrtyfor that land US? nth.? area S. Encourage innovative responses and designs that complement the setting in which it is being placed opposed to strict architectural adherence to a specific architectural style. U. Promote the use of parking structures. rear/alley loaded parking, and on -street parking to discourage Targe surface lots within the Plaza Area. W. Housing options should include bungalow courts, row houses, live work units, multifamily, and lofts/condominiums in vertical mixed-use structures. (See Figure 6.31) BB.AIl residential uses in the Plaza Planning Arca should be self -parked but utilize shared/joint parking agreements with non-residential/employment uses. Structured parking is encouraged. Page 13 of'47 A U9.uvunc 1).21,01 .4:h' Apphtauan.V'rcimuna* Dese6,pm.m I'Lm.12u1 \ I, lm.ut I'ari \ui pil do,. Figure 6.31: Housing Styles in Plaza Planning Area Figure Pr--Ilousing Options in Plaza: Bungalow Court: 2 story free sung residential units 10th limited side and rear setbacks. Alunits front onto a carman graen,! garden area. y1111 wstanadlyutilze shared parking lot or an-sbeetpad3ng. no garages. Row- House: 2-3 stay single family homes with am Cr%Cry-hmiled side setbacks. Smld1ngsbate eadedheights %ithnarrocclot widths (s522fset) a d pairing at 9x rear in a gam or on the first floor. Multi-Fannly: 2-3 stay building with multiple liting units within a sin- gle building. Design feat/nesmayindude separate ei- tries,interior OMdyad s, and taryyingarchitectural de- tails throughout Live/Work: 3 stay building resident oti wed commercial on the first floor with living abate. Will customanlyba a mice I 1-: entries in the back. Mixed Use 3-5 stay buildings stilb residential above retal aid of- fice uses m later floors. ibex buildings with hate a prominent first floor tithlarge Medan and till iodide building undulations with varied faint setbacks thatae- ate patios, plans, aid pedestrian amenities. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: APARTMENT: A room or suite of rooms in a multiple -family structure which is arranged, designed or used as a single housekeeping unit and has complete kitchen facilities permanently installed. DWELLING, MULTI -FAMILY: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi -family housing may include public housing. EASEMENT: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. • Eagle City Code Section 8-2-1: Schedule of District Use Regulations: Apartments and Multi -family dwellings are allowed by Conditional Use within the CBD (Central Business District) zoning designation. Page 14 o1 47 K U'6mning De prll.agk npplaauorOrre9imman 1)et elupmrni I'lam\2I)1 n1\lahnan Park Sub pit do. • Eagle City Code Section 8-2A-6: Design Requirements, Objectives, and Considerations: A. General Objectives And Considerations: The following apply to the entire Design Review Overlay District including the DDA, TDA, CEDA, and DSDA. Additional requirements for the DDA, TDA, CEDA, and DSDA are set forth in subsections C through G of this section and, to the extent there is a conflict with this section, the requirements for the DDA, TDA, CEDA, and DSDA shall control. The following, including the provisions set forth in the Eagle Architecture and Site Design Book, contains a listing of objectives applied to each application, and a listing of matters which shall be considered by the Design Review Board. The objectives are separated into two (2) sections: site design and building design. Specific aspects of design should be examined to determine whether the proposed development will provide a desirable environment for its occupants as well as for its neighbors, and whether, aesthetically, the composition, materials, textures and colors meet the intent of this article. The design review board shall consider the following criteria in reviewing the application: 1. Site Design Objectives: The site plan design shall minimize impact of traffic on adjacent streets, provide for the pedestrian, and provide appropriate, safe parking lot design. a. The functional relationship of the structures and the site in relation to its surroundings; c. The site layout with respect to separation or integration of vehicular, pedestrian and bicycle traffic patterns; d. The arrangement and adequacy of off street parking facilities relative to access points, building location and total site development to prevent traffic conflict or congestion; k. The protection of views and vistas in relation to urban design and aesthetic considerations; and 1. The provision of safe pedestrian and bicycle connections between neighborhoods and commercial areas. 6. Building Design: a. Building Mass: The mass of the building shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed use proposed by the applicant; b. Proportion Of Building: The height to width relationship of new structures shall be compatible and consistent with the architectural character of the area and proposed use; c. Relationship Of Openings In The Buildings: Openings in the building shall provide interest through the use of such features as balconies, bays, porches, covered entries, overhead structures, awnings, changes in building facade and roofline alignment, to provide shadow relief. Avoid monotonous flat planes; d. Relationship Of Exterior Materials: The design review board shall determine the appropriateness of materials as they relate to building mass, shadow relief, and existing area development. Use of color to provide blending of materials with the surrounding area and building use, and the functional appropriateness of the proposed building design as it relates to the proposed use shall be considered; and Page 15 of 47 K:II'lanning IkptU:agle Application.\Preliminary Ikvelopmcnt l'Iani120181Moiinari Park Sub pii'.doc e. Allowed Architectural Styles: The architecture styles provided in the EASD book are approved examples for applicants to follow when designing for Eagle architecture. E. Community Entry Development Area: CEDA shown on exhibit A-1 within the EASD book. 1. Purpose: To provide a sense of entry into the city and transition development into the central business district in support of the comprehensive plan. 2. Architectural Character: a. Height: Height of buildings is restricted to a maximum height of thirty five feet (35'). 3. Setbacks And Lot Coverage: To the extent the setback and lot coverage requirements set forth below conflict with section 8-2-4 of this chapter, the setback requirements below shall control. a. Front building setbacks from the property line shall be twenty feet (20') minimum. b. Side building setbacks shall be ten feet (10') minimum. c. Front and street side setbacks shall be for pedestrian amenities and the city encourages joint efforts between adjoining property owners. Suggested amenities include: public art, landscape treatment, seating, flowers/shrubs/all tree displays in movable planters, outdoor dining, plazas, streetscape extension and bike racks. d. Lot coverage by the footprint of the structure shall be a minimum of twenty percent (20%) and a maximum of eighty five percent (85%) in which case off site parking shall be provided for. • Eagle City Code Section 8-2A-7: (J) Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: c. Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: Page 16 of 47 K:U'latming IkpIUiaglc Applications\l'rcliminary Development Plans 2O1R\Molinari Park Sub ptlldoc A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (1 00) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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 ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the CBD (Mixed Use) zone: Zoning District Maximum Front Rear Interior Street Maximum Height Side Side Lot Covered ICBD 1135' 0' 0' I0' 110' 1192% Minimum Lot Area (Acres Or Sq. Ft.) G And H* 11500 • Eagle City Code Section 8-4-5: Schedule of Parking Requirements: Apartments or multi- family dwellings Minimum Lot Width I* 1125' For each unit with 2 or more bedrooms - 2 including 1 covered; for each 1 bedroom or studio unit - 1.5 including 1 covered. 0.25 spaces per unit shall be provided for guest parking. Adjacent on street parking spaces on a local street may be credited toward the guest parking requirement Personal improvement 1 per 250 square feet of gross floor area Personal services 1 per 250 square feet of gross floor area Restaurants, dining rooms, taverns, nightclubs, etc. Retail sales not listed under another use classification 1 per 150 square feet of gross floor area; plus 1 per 35 square feet dance floor 1 per 250 square feet of gross floor area; in the DDA and TDA 1 per 500 square feet of gross floor area shall be required for any such use and on street parking shall be included in the minimum requirement Page 17 of 47 K:11'Ianning I)rptlliagk Applications\I'reluninary Development I'lans120 I81Molinari Park Sub pil:doc • Eagle City Code, Section 8-7-3-3: Public Sites and Open Spaces: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (1 O%) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. Page 18 of 47 K:1Planning I)eptlEagle Applications\Preliminary Development Plans1211181Mtolinari !'ark Sub ptf.doc 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate Page 19 of 47 K:11'lanning Ikpt'Eagle Applicatiuns\Prciiminary Development Planc1201Y. Molinari I'ark Sub pzl:doc therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. Page 20 of 47 K:U'Ianning Dept\Eaglc Applications\Preliminary Development Plans1201 /Molinari Park Sub pzl:doc • Eagle City Code Section 9-3-8: Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. F. Sidewalk Design: 1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County highway district. 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with three inch (3") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. 4. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. Page 21 of 47 K:U'lanning teptlliagk Applicationsll'reliminary Development Plans1211181Moiinari Park Sub pit:doc 5. If sidewalk is required on one side of each street only (as provided for in subsection Fl of this section), then the trees on the side of the street with no sidewalk shall be placed within five feet (5') of the edge of roadway. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. D. DISCUSSION (based on the preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018): • The applicant's narrative, date stamped by the City on September 18, 2018, indicates they are requesting the following allowances for the project: 1) private roads, 2) reduction of lot width, 3) reduction of setbacks, 4) exemption of multi -story setbacks, 5) a height exception(s) from 35 -feet to 65 -feet, 6) reduction of height and width of the required principal arterial buffer, and 7) reduction of the parking requirement. Rea uest #1 The preliminary plat/preliminary development plan contains 9 -typical road sections associated with the private roads, alleys, and access drives. The preliminary plat/preliminary development plan shows 6 -typical private road sections will be constructed with an asphalt concrete pavement section per ACHD standards. The preliminary plat/preliminary development plan identifies that Typical Alley "A" and "B" Section, Typical Access Drive/Private Road "B" (26 -foot clear), and Typical Private Road "C" Section (20 -foot clear) will be constructed with an asphalt concrete pavement section, however, it does not reference that those sections will be constructed to an ACHD standard. The applicant should be required to provide a revised preliminary plat/preliminary development plan showing all typical road sections to be constructed with an asphalt concrete pavement section per ACHD standards. The revised preliminary plat/preliminary development plan should be provided prior to submittal of final development plan and final plat applications. The preliminary plat/preliminary development plan shows the typical private road section for Private Road "C" with a 21 -foot street section (measured from back -of -curb to back -of -curb) with no landscape strip or sidewalk located on either side of the street. Pursuant to Eagle City Code Section 9-3-2-5(B)(2), all private streets shall contain paved travel lanes a minimum of 12 -feet in width. As shown the travel area would be 20 -feet in width (measured from front -of - curb to front -of -curb) with two 10 -foot wide travel lanes. Also, pursuant to Eagle City Code Section 9-3-2-5(B)(3), sidewalks are required in accordance with Eagle City Code Section 9- 4-1-6(F). The applicant should be required to provide a revised preliminary plat/preliminary development plan showing the typical private road section for Private Road "C" with a minimum 24 -foot wide travel lane (two 12 -foot wide travel lanes) and sidewalks in accordance with Eagle City Code Section 9-4-1-6(F). The revised preliminary plat/preliminary development plan should be provided prior to submittal of final development plan/final plat applications. Page 22 of 47 K:U'lanning DcptlEiagk Application l'rrliminary Dt e1opmcnt l'lan.'12011;1Molinari Park Sub pii.doc The preliminary plat/preliminary development plan shows Typical Private Road Section "C" (20 -foot clear) extending from the area in proximity to the western property line approximately 1,100 -feet east connecting to the private road providing access to East Plaza Drive. As previously referenced, Section "C" does not have sidewalks to allow pedestrian movement. The referenced private street contains 16-townhomes (driveways), an apartment building, and two (2) parking lots located adjacent to the street. The residential townhome area located within Block 1 of the subdivision is identified to be served by an "Access Drive". The Typical Access Drive/Private Road "B" (26 -foot clear) street section shows a 26 -foot wide travel area (measured from back -of -curb to back -of -curb) with vertical curbing with reverse slope gutters located on each side of the street. The townhome area located south of this area shows the area to be served by Private Road "B". It should be noted that addressing for Block 1 would be based from East Cedar Ridge Drive and not the internal access drives. In the event of an emergency, this may pose a problem. The applicant should provide a revised preliminary plat/preliminary development plan showing the townhome area located within Block 1 of the subdivision served by the Private Road "B" street section. The revised preliminary plat/preliminary development plan should be provided prior to submittal of final development plan and final plat applications. Request #2 The applicant is requesting a reduction of the minimum lot width from 25 -feet to 23 -feet. The minimum lot width within the CBD (Central Business District) is 25 -feet. The lots associated with the request are the townhome lots which are associated with single-family attached units. The townhome product is similar to the Row House product identified above (Fizure 6.31: Housing Styles in Plaza Planning Area) which allows for lot widths of 15-22 feet. Staff is supportive of the requested lot width reduction to a minimum of 23 -feet in width. Requests #3 and #4 The property is located within the Community Entry Design Area (CEDA) overlay area as identified in the Eagle Site and Design Book. The applicant is requesting a relief of setback requirements in the CEDA for the townhome product. Pursuant to Eagle City Code Section 8- 2A -6(E)(3), the required setbacks within the CEDA overlay area are as follows: Front 20 -feet (minimum) Side 10 -feet (minimum) Lot Coverage: Minimum 20% and a Maximum of 85% (in which case off site parking shall be provided) The CEDA setbacks are designed for commercial uses to allow sufficient room for tenant, walkable, and furnishing zones between the street and the commercial business. The applicant's narrative, date stamped by the City on September 18, 2018, indicated the applicant is requesting the following setbacks for the townhome product: Front 7 -feet Rear 5 -feet, 6 -inches Interior Side 0 -feet Exterior Side 5 -feet Page 23 of 47 K:11'Ianning Dept\Eagle Applications\Prcliminary Development 1'Ians120181Molinari Park Sub pzl:doc The preliminary plat/preliminary development plan contains a legend indicating the proposed townhome setbacks are as follows: Front Lots 1-15, Block 1 Lots 17-19 & 21-23, Block 1 Lots 24-32, Block 1 Lots 33-35, Block 1 Lots 2-11, Block 2 Lots 45-47, Block 2 Lots 15-18 & 20-23, Block 2 Lots 26-33 & 35-43, Block 2 Lots 49-56, Block 2 Lots 58-62, Block 2 Lots 64-70, Block 2 Rear (at access drives/alleys) Lots 25-33, Block 1 Lots 2-11, Block 2 All Other Lots Interior Side Exterior Side 9 -feet (+1- 11 -feet to sidewalk) 7 -feet 10.5 -feet (+/- 10 -feet to sidewalk) 8 -feet (+1- 7.5 -feet to sidewalk) 10.5 -feet (+1- 10 -feet to sidewalk) 8 -feet (+1- 7.5 -feet to sidewalk) 7 -feet (+1- 7.5 -feet to sidewalk) 7 -feet 16.5 -feet (+1- 7.5 -feet to sidewalk) 7 -feet 7 -feet 5.5 -feet (+/- 6 -feet to curb) 5.5 -feet +/- 6 -feet to curb) 7.5 -feet (+1- 8 -feet to curb) 0 -feet 5 -feet The applicant did not address maximum lot coverage for the townhome units. The maximum lot coverage within the CEDA overlay area is 85%. The preliminary plat/preliminary development plan site layout shows several of the townhome and apartment units located within 10 -feet of adjacent structures. Pursuant to Eagle City Code Section 8-6-5-5(C)(6) the minimum building separation for multi-family/attached units is 20 -feet. The proposed apartment setbacks should also be in conformance with the required townhome setbacks. To address the above differentiation in setbacks proposed by the applicant in relation to the setbacks required within Eagle City Code and the setbacks required within the CEDA overlay district, the following setbacks, minimum building separation, and maximum lot coverage should be required for the townhomes and apartments: Front Lots 1-15, Block 1 9 -feet (+1- 11 -feet to sidewalk) Lots 17-19 & 21-23, Block 1 7 -feet Lots 15-18 & 20-23, Block 2 Lots 26-33 & 35-43, Block 2 Lots 58-62, Block 2 Lots 64-70, Block 2 Lots 24-32, Block 1 Lots 2-11, Block 2 Lots 33-35, Block 1 Lots 45-47, Block 2 Lots 49-56, Block 2 10.5 -feet (+1- 10 -feet to sidewalk) 8 -feet (+1- 7.5 -feet to sidewalk) 16.5 -feet (+1- 7.5 -feet to sidewalk) Page 24 of 47 K:IPlanning I)cptlliagk• Applications\Preliminary Development l'Ians12OI81Molinari Park Sub ptf.doc Rear (at access drives/alleys) Lots 25-33, Block 1 Lots 2-11, Block 2 All Other Lots Interior Side Exterior Side Minimum Building Separation Maximum Lot Coverage 5.5 -feet (+/- 6 -feet to curb) 7.5 -feet (+/- 8 -feet to curb) 0 -feet 5 -feet (No additional setback for multi -story structures) 20 -feet 85% All remaining setbacks shall be in conformance with Eagle City Code Section 8 -2A -6(E)(3). Request #5 The applicant is requesting the following height exceptions: • Townhome lots: 38 -feet (3 -stories) • Multi -family lot: 65 -feet (5 -stories) • Mixed Use lot: 45 -feet (3 -stories) • Commercial lot: 52 -feet (4 -stories) The Downtown Plan contained within the Land Use chapter of the comprehensive plan addresses housing options allowed within the Plaza Planning Area. The housing options are as follows: 1) Bungalow Court (2 -story free standing), 2) Row House (2-3 story single-family, lot width 15-22 feet), 3) Multi -Family (2-3 story), 4) Live/Work (3 -story), and 5) Mixed Use (3-5 story, residential above retail and office). The applicant is proposing the townhome product with 3 -story structures. The townhome product is similar to the Row House product identified in the comprehensive plan; therefore, staff is in support of the requested height exception of 38 -feet. The applicant is proposing the townhome structures to be 2-3 story structures. The townhome product is similar to the Row House product identified above (Figure 6.31: Housing Styles in Plaza Planning Area) which allows for 2-3 story single-family structures. Staff is supportive of the requested height exception of 38 -feet for the townhouse product. The applicant is proposing 5 -story structures for the multi -family (apartment) units. As previously referenced multi -family structures within the Plaza Planning Area should be 2-3 stories in height. Pursuant to Eagle City Code Section 8 -2A -6(A)(6), Building Design, the mass of buildings shall be reviewed for its relationship with existing development in the immediate surrounding area and with the allowed uses proposed by the applicant. Also, the height to width relationship of new structures should be compatible and consistent with the architectural character of the area and the proposed use. Although a 4 -story hotel was approved with a 60 -foot height exception located across State Highway 44 from the subject property, there have been no other height exceptions approved in the immediate vicinity and only one structure located adjacent to the site exceeds 2 -stories (Eagle Manor, 3 -story structure). Based on the policies within the comprehensive plan referencing the height of the multi -family structures, the height should be a maximum of 2-3 stories for the multi -family structures and the height should not exceed 39 -feet. In the event the City Council approves a height exception to allow for 5 -story (65 -feet) multi -family (apartment) structures the applicant should be required to install parking structures to serve the multi -family (apartment) area. Page 25 of 47 K:IPlanning Ikptll:aglc Application \Preliminary Development I'lan.+120I Ii\Molinari Park Sub pd doc The applicant is proposing the structures located within the mixed use area which will include the retail uses with residential above to be 3 -stories in height. The mixed use structures are similar to the Mixed Use product identified above. Staff is supportive of the requested height exception of 45 -feet for the mixed use structures. The applicant is requesting a height exception to 52 -feet for the commercial structures located within the eastern portion of the site. The General Guide to Plaza Land Use Mixture (Figure 6.30: Plaza Land Uses) contained with the downtown chapter of the comprehensive plan shows that High Density Employment with structures 4-6 stories in height is partially included within the allowed uses. The areas which shown to be partially within the mixed use mixture chart may have limited potential/opportunity for this area. Based on the mixture of uses within the subject site, staff is supportive of the requested height exception of 52 -feet for the commercial area. Request #6 The applicant is requesting a reduction of height and width of the required principal arterial buffer located adjacent to State Highway 44. The applicant's request is to reduce the height of the berm from a minimum 10 -foot, maximum of 12 -foot high berm or decorative wall to a 5 - foot high berm, decorative sound attenuating site walls, and additional landscaping beyond what is required. The applicant is requesting to reduce the buffer from 75 -feet to 50 -feet in width. The applicant has not provided any justification for the request for the reduction, however, it is staff's understanding the request is based on information that LTD will be constructing a continuous flow intersection (CFI) at the intersection of State Highway 44 and Eagle Road. The construction of the CFI will require dedication of additional right-of-way from the subject site; therefore, reducing the area of the property for development. Staff is supportive of the applicant's request provided the berm area is extensively landscaped. The landscaping located on the buffer berm contained within the 50 -foot wide buffer area located adjacent to State Highway 44 should be commensurate with landscaping requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The landscape plan should be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. Request #7 The applicant is requesting a reduction of the required parking for one (1) bedroom and studio units located within the multi -family apartments from 1.5 spaces per unit to one 1 -space per units. The applicant is also requesting a reduction of the required parking for the units containing two (2) or more to 1.8 -parking spaces per unit. Pursuant to Eagle City Code Section 8-4-5, for each one (1) bedroom or studio unit, 1.5 -parking spaces are required (inclusive on 1 - covered) and for each unit with two (2) or more bedrooms 2 -parking spaces are required (inclusive of 1 -covered). Also, 0.25 spaces per unit are required for guest parking. Adjacent on street parking spaces on a Local street may be credited toward the guest parking requirement. The ratio of parking required is 1.75 -parking spaces (inclusive of guest parking) for one (1) bedroom units and 2.25 -parking spaces (inclusive of guest parking) for units containing two (2) or more bedrooms. The area containing the apartments and the dwelling units located above the commercial uses include a total of 248 -dwelling units (149 -two and three-bedroom units, 99 -one bedroom and studio units). The applicant provided a parking ratio clarification/breakdown, date stamped by the City on September 18, 2018, which indicates the applicant is proposing a total of 386 - parking spaces to serve these two areas. Based on the applicant's reduction request, a total of 368 -parking spaces would be required. The parking analysis below provides a comparison between the applicant's proposed parking and the number of spaces required pursuant to Eagle Page 26 of 47 K:1Planning Ikpt1Eagk Application.U'rehminary Ik%rlopmcnt Plens 20Ix1Motin.ui Parti Sub pit.doc City Code Section 8-4-5: Use 1 -Bedroom 2-3 Bedroom Townhomes Commercial Units or Square Feet PARKING ANALYSIS Eagle City Code Required Parking 99 -units 1.75 parking spaces/unit (inclusive of 1 -covered)* 149- 2.25 parking units spaces/unit (inclusive of 1 -covered)* 94 -units 2 parking spaces (inclusive of 1 -covered)* 7,000- 1 parking square space/200- feet square feet On -Street Parking (Residential) TOTAL 342 - RESIDENTIAL units PARKING Eagle City Code Required Parking Spaces 174 (99 -covered) 336 (149 -covered) 212 (94 -covered) 35 757 (248 -covered) Applicant's Proposed Parking Ratio 1.00 parking spaces/unit 1.80 parking spaces/unit 2.00 covered parking spaces/unit Applicant's Parking Spaces Provided 99 237 253 35 (on -street) 53 642 (185 -covered) *Includes guest parking (0.25 -parking space/unit) The two (2) townhome areas contain 253 -parking spaces (inclusive of the 2 -car garage). The apartment area contains 336 off-street parking spaces. The total off-street parking spaces provided for the residential area is 589 -parking spaces. The total on -street parking spaces provided is 98 -parking spaces. The mixed use area will contain three (3) buildings with a total of 7,000 -square feet of space. The mixed use area will contain a mix of restaurants, retail, and commercial uses. Pursuant to Eagle City Code Section 8-4-5 the required parking for the aforementioned uses will vary from 1-space/150 square feet to 1-space/250 square feet. Based on an average of 1-space/200 square feet for parking, the mixed use area will require 35 - parking spaces. This will leave 53 additional parking spaces to be utilized for the residential area for a total of 642 -parking spaces. Based on 342 -dwelling units, the unit to parking space ratio is 1.87 -parking spaces/unit. If the City Council approves the requested parking reduction for the residential area the parking space ratio should be no less than 1.87 -parking spaces/unit. The development agreement should contain a condition of development requiring the applicant to provide a minimum parking ratio of 1.87 -parking spaces/unit for the residential area. Page 27 of 47 K: Planning I)cpt11.'agk Applications\Preliminary Development Plans12011AMolinari Park Sub pif.doc The applicant provided a parking ratio clarification/breakdown that indicates 185 -covered parking spaces are being provided for the 248 apartment units. Pursuant to Eagle City Code Section 8-4-5, each dwelling unit is required to have at least one (1) covered parking space. The applicant should be required to provide a revised preliminary plat/preliminary development plan showing 63 -additional covered parking spaces located within the area containing the apartments. The revised preliminary plat/preliminary development plan should be provided prior to submittal of a design review application. The Downtown sub -area plan within the land use chapter of the comprehensive plan contains polices which promote and encourage the use of parking structures, rear/alley loaded parking, and on -street parking to discourage large surface lots within the Plaza Planning Area. Although several of the surface parking areas are proposed to be covered with carports with green roofs (landscaped), the entire site is parked with surface parking. Also, if parking structures were required, it will address the required covered parking for the site and allow for a reduction of height of the apartment buildings by providing additional space for additional buildings; therefore, maintaining the requested density. The applicant should provide a revised preliminary development plan/preliminary plat showing parking structures providing parking within the apartment area. The revised preliminary plat/preliminary development plan should be provided prior to submittal of a design review application. • Plat note #'s 2-5, of the preliminary plat/preliminary development plan address the prohibition of direct lot access to specific streets. The plat notes should be condensed into one plat note that is inclusive of all the streets indicating that direct lot access is prohibited. The applicant should be required to provide a revised preliminary plat/preliminary development plan with plat note #'s 2-5 condensed into one plat note which states, "Direct lot access to East Plaza Drive, North Palmetto Avenue, East Cedar Ridge Street, and Public Road "A" is prohibited." The revised preliminary plat/preliminary development plan should be provided prior to submittal of final development plan and final plat applications. • Plat note #6, of the preliminary plat/preliminary development plan states, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved with the development agreement associated with _ or any subsequent modifications." The applicant has filed an application for a planned unit development; therefore, the setbacks will not be referenced in the development agreement. The applicant should provide a revised preliminary plat/preliminary development plan with plat note #6 revised to state, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved." The revised preliminary plat/preliminary development plan should be provided prior to submittal of final development plan and final plat applications. • Plat notes #15, of the preliminary plat/preliminary development plan states, "Lot 37, Block 1, shall be designated as condominium units to be divided as follows: 13 residential units and 2 retail/commercial units." Plat note #16 of the preliminary plat/preliminary development plan states, "Lot 48, Block 2, shall be designated as condominium units to be divided as follows: 3 residential units and 2 retail/commercial units." Pursuant to state statute the platting of property and condominium platting of buildings are completed through separate processes. The platting of property is regulated pursuant to Idaho Code, Title 50, Chapter 13, Plats and Vacations, and Eagle City Code Title 9, Land Subdivisions. Condominium platting of property is regulated pursuant to Idaho Code, Title 55, Chapter 15, Condominium Property Act, and Eagle City Code Section 9-5-9, Condominium Page 28 of 47 K:II'lanning Dept\Eagle ApplicalionsU'rcliminary Development Plans12018\Molinari Park Sub piIdoc Subdivisions. Since the division of property and buildings requires separate processes, plat notes #15 and 16 should be removed from the preliminary plat/preliminary development plan. The applicant should be required to provide a revised preliminary plat/preliminary development plan with plat notes #15 and 16 removed. The revised preliminary plat/preliminary development plan should be provided prior to the submittal of final development plan and final plat applications. • The preliminary plat/preliminary development plan shows a portion of Block 1 is located within ACHD right-of-way. The subject area is shown below: I in L_ - 106....... �-...`,. l,, — ---" ,..1 1- ---,i .41/46.4„... tap .sr -LA_ l s —v '1 zf 10 I I '1i � J /( tt is 14 ;r •AGCE$S DRIVE —- _��.` ~ '/ igo_ r'rr afro r4":--:.:-7? . OR �.^�_— -ti rr n 3@C ---11• E.LC- 1 ; 1 I ZOG.iiz7 ,"-r U it 1 37 .,..11 l i" i1 i, .11 — --- aCGt;i! Lilt Yt 104 I / I 1 1 f I ?e 7r,ar -a., a• 3E, ' as 34 34 t �_ E, CEDAR RIDGE STREET (+,CND: -- 3,111 "T —I— 1— —r - Page Page 29 of 47 K 11'Lmnmg 1 )rpl\l-acle Apphcauon.Y11'rclinun.ry I)csrlupmcm I'Iam12111111Mulman Park Sul' pii doc The northern portion of Lots 1-14, Block 1 (as shown), encroach into the ACHD right-of-way area. The applicant is currently working with ACHD to vacate the right-of-way area that Lots 1-14, Block 1, encroach into. The applicant should be required to provide documentation indicating the ACHD right-of-way area affecting Lots 1-14, Block 1, has been vacated prior to submittal of final development plan and final plat applications for Block 1. • The applicant's narrative, date stamped by the City on September 18, 2018, indicates the subdivision will contain a public park. Section 2 (Availability of public services to accommodate proposed development), on page 3 of the narrative indicates under Parks and Open Space that the development will contain a 1 -acre public park and private open space park to be maintained by HOA. Neither the narrative or the preliminary plat/preliminary development plan identifies the specific lot and block of the proposed public park. The only open space common lot that is 1 -acre in size or larger is Lot 71C, Block 2, which is 59,042 - square feet in size. Lot 72C, Block 2 is located is 33,794 -square feet in size and is in the area where the applicant has discussed having a city park. The applicant should be required to provide a public park located within Lot 72C, Block 2 (as shown on the preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018). The public park should be operated and maintained by the Molinari Park Subdivision Homeowner's Association. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on October 1, 2018, at which time public testimony was taken. The Commission requested the applicant provide an exhibit showing the locations and height of the apartment buildings and a redline version of the applicant's requested changes to the recommended conditions of approval. The Commission continued the applications to the October 15, 2018, meeting to provide the applicant the opportunity to bring back the requested information. The applicant provided the requested information, date stamped by the City on October 9, 2018. The exhibit showing the locations and height of the apartment buildings and a redline version of the applicant's requested changes to the recommended conditions of approval came before the Commission for their consideration on October 15, 2018, 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 opposition to the application was presented to the Planning and Zoning Commission by no one. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning and Zoning Commission by one (1) individual who indicated and/or requested the following: • The proposed architecture is sterile and is not compatible with other architecture within Eagle. • The traffic will impact East Plaza Drive and Iron Eagle Drive. • The development should contain additional greenspace. • There should be a restriction required for additional senior housing within the townhome area. Page 30 of 47 K:1Planning Dept\Eagle Applications\l'reliminary Development Plans120181Molinari l'ark Sub prY.doc • The lighting should be elevated to provide additional lighting of the site for safety. • The proposed parking on East Plaza Drive should be restricted to no overnight parking or RV parking. • The individual has a concern with the number of rental units versus the number of occupant - owned units. The townhome area should be individually owned. • Will the development contain HUD Section 8 housing? • There are safety and security issues associated with a parking garage. • The proposed North Palmetto Drive extension should be completed early in the development phases. COMMISSION DELIBERATION: (Granicus time 00:47:00) Upon closing the public hearing, the Commission discussed during deliberation that: • The project is designed in conformance with the comprehensive plan. • The applicant has worked through the street concerns (public versus private). • The applicant has proposed the locations of the apartment buildings with the four (4) story buildings located adjacent to the streets and the five (5) story buildings located more internal to the site to provide a transition of height from the street. Also, based on multi -story structures located within proximity to the site the proposed height of the buildings is appropriate. • One of the Commissioners appreciated the attempt to reduce the height of the apartment structures, however, as proposed, the structures are still too high. The five -story apartments do not fit within the area. • The North Palmetto Avenue extension should be completed prior to the issuance of a certificate of occupancy for the multi -family apartments to reduce traffic congestion in the area. • The comprehensive plan calls for high density within this area. • The applicant should be required to post East Plaza Drive with "No overnight or RV parking" signs. • The applicant should not be required to provide a multi -story parking garage since they have the ability to provide surface parking. The covered parking structures are landscaped on the roofs which provides an amenity for the development. • The applicant has provided a deed showing ownership of the property that was previously owned by ACHD, therefore, the site specific condition of approval requiring the applicant to provide documentation indicating the ACHD right-of-way area has been vacated should be deleted. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Commission voted 3 to 1 (McLaughlin against, Johnson absent) to recommend approval of RZ-07-18 for a rezone from CBD (Central Business District) to CBD -DA -P (Central Business District with a development agreement — PUD) with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission and strikethrough text to be deleted by the Commission: Page 31 of 47 K:11'lanning 1 eptll:agle Applications Preliminary Development Plans120I K\Molinari Park Sub prt.doc 3.1 The maximum number of dwelling units shall not exceed 342 -dwelling units. 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by 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. However, the residential portion of this development proposal is recognized by Eagle and Owner as a desired component to the development. A residential component of similar size and area to that depicted in the Concept Plan with the provisions and allowances contained herein, shall be maintained. 3.4 Development of the residential portion of the Property will be permitted through the Design Review process and future conditional use permits for the residential development will not be required. 3.5 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, private streets, drive aisles, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) Parking shall only be allowed in the designated parking areas or in the garage units of the multi- family residential units. (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. 3.6 The Commercial area of the Property as depicted on the Concept Plan is to be developed with a combination of any office and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations" under the CBD zoning designation (except as permitted in Section 3.7, below). 3.7 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the Central Business District land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be) is made for individual building use. Page 32 of 47 K:IPlanning Ihptlliagle Applications\Preliminary Development P1ans1311181Molinari Park Sub pil duc All uses shown as "P" permitted under the CBD (Central Business District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the CBD (Central Business District) zoning designation shall require a conditional use permit, except that the residential portions of the Property described in Section 3.3 shall not require a conditional use permit. The following uses which are shown as "C" conditional uses under the CBD (Central Business District) zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be permitted uses on the Property: • Apartment • Multi -family dwelling • Daycare Center • Microbrewery • Parking Lot, Parking Garage • Parking Lot, Parking Garage, Commercial In addition to all other uses prohibited within said section of Eagle City Code and on the entire Property as noted above, the following uses shall also be prohibited on the Property: • Circuses and Carnivals; • Nursery, plant materials; • Restaurant (with drive-through) • Riding Academies/Stables; 3.8 The townhomes shall be constructed utilizing a mixture of the "English Cottage and Mediterranean" styles of architecture as shown on Exhibit D. The multi -family dwellings shall be constructed utilizing a mixture of the "English Cottage and Mediterranean" styles of architecture as shown on Exhibit E. Commercial/retail buildings, multi -family residential buildings, and pool house shall be required to meet the design review requirements as set forth in Eagle City Code and the Eagle Architecture and Site Design book. Eagle Design Review Board approval of the detailed architectural plans for the development is required prior to the issuance of building permits for commercial/retail buildings, multi -family residential units, pool house, pumphouse for irrigation, and gazebos. 3.9 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.10 The development is to incorporate public art, water features, or other features of interest and pedestrian amenities which encourage pedestrian use (i.e.: outdoor drinking fountains, benches, tables, etc.). 3.11 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky" concept of lighting. 3.12 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 Page 33 of 47 K:IPlanning I)cptlEagle Applicationa\Prcliminary I)cwlopmcnt PIans12O181Molinari Park Sub pzI doc to city approval of a tree removal and replacement plan. 3.13 In conjunction with 3.12 above, all living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (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. 3.14 The Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed common areas throughout the development, 3) landscape screening details and buffering for the residential units located adjacent to State Highway 44, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), and 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.15 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide public sidewalk along the portion of the Property located adjacent to State Highway 44. The public sidewalk shall be constructed in phases concufrently-with Phase No. 1 of Molinari Parlt Subdivioion. The first phase from the intersection of East Cedar Ridge Street and Public Road "A" (as shown on the preliminary plat/preliminary development plan, date stamped by the City on September 1 1 , 2018) easterly to North Palmetto Avenue shall be constructed with Phase No. 1 of Molinari Park Subdivision. The second phase from the west property boundary to the east phase line of Phase No. 2 of Molinari Park Subdivision, and the final phase connecting phases 1 and 3 shall be constructed with Phase No. 3 of Molinari Park Subdivision. The specific location and design of the pathway shall be approved by the City of Eagle Park, Pathway and Recreation Commission prior to submittal of a design review application. The public sidewalk shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the public sidewalk is located. 3.16 The parking ratio for the multi -family residential units shall be 1.87 -parking spaces/unit. 3.17 Owner shall provide a parking analysis for the commercial buildings at the time of submittal of a design review application. 3.18 Owner shall be required to provide a public park located within Lot 72C, Block 2 (as shown on the preliminary plat/preliminary development plan, date stamped by the City on September 11, 2018). The public park shall be operated and maintained by the Molinari Park Subdivision Homeowner's Association. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 3 to 1 (McLaughlin against, Johnson absent) to recommend approval of CU-03- 18/PPUD-02-18/PP-06-18 for Molinari Park Planned Unit Development (including a height exception) (Exhibit "A") for Eagle 26, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of development within the development agreement for rezone application RZ-07-18. Page 34 of 47 K:U'lanning Dcpt\Iiagle Appliications\Preliminary Development Plans1201 i\Molinari Park Sub prf.doc 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat, whichever occurs first. (ECC 9-2-3[C][3][1]) 4. Any fencing located adjacent to common area open spaces and on the street side of all comer 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). 5. Provide a revised preliminary plat/preliminary development plan showing the townhome area located within Block 1 served by a Private Road "B" street section. The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-2-5) 6. Provide a revised preliminary plat/preliminary development plan showing all typical road sections to be constructed with an asphalt concrete pavement section per ACHD standards. The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. (ECC 9-3-2-5) 7. Provide a revised preliminary plat/preliminary development plan showing the typical private road section for Private Road "C" with a minimum 24 -foot wide travel lane (two 12 -foot wide travel lanes) and ,ides in accordance with Eagle City Code Section 9-4-1-6(F). The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan/final plat applications. (ECC 9-3-2-5[B][2]) 8. The required setbacks for the townhomes and apartments shall be as follows: Front Lots 1-15, Block 1 Lots 17-19 & 21-23, Block 1 Lots 15-18 & 20-23, Block 2 Lots 26-33 & 35-43, Block 2 Lots 58-62, Block 2 Lots 64-70, Block 2 Lots 24-32, Block 1 Lots 2-11, Block 2 Lots 33-35, Block 1 Lots 45-47, Block 2 Lots 49-56, Block 2 9 -feet (+/- 11 -feet to sidewalk) 7 -feet 10.5 -feet (+/- 10 -feet to sidewalk) 8 -feet (+/- 7.5 -feet to sidewalk) 16.5 -feet (+/- 7.5 -feet to sidewalk) Rear (at access drives/alleys) Lots 25-33, Block 1 5.5 -feet (+/- 6 -feet to curb) Lots 2-11, Block 2 All Other Lots 7.5 -feet (+/- 8 -feet to curb) Interior Side 0 -feet Exterior Side 5 -feet (No additional setback for multi -story structures) Minimum Building Separation 20 -feet Maximum Lot Coverage 85% All remaining setbacks shall be in conformance with Eagle City Code Section 8 -2A -6(E)(3). Page 35 of 47 K:1PL nning Ikpt1Eaglc Appiications\Preliminary I)cvrlopmcnt PLtas120181Molinari Park Sub ptl doc 9. The maximum building height of the structures shall be as follows: • Townhomes — 38-feet (3-stories) • Multi-family — 39 feet (3 stories) 59-feet at roof peak (5-stories), 49-feet habitable (5-stories) 49-feet at roof peak (4-stories). 39-feet habitable (4-stories) • Mixed Use — 45-feet (3-stories) • Commercial — 52-feet (4-stories) In the event the City Council approves a height exception to allow for 5 story multi family (apartment) structures, thea 'Mall parking rc3 to seri:: the—multi family 10. Provide a iminary-development plan showing parking ►truct g b e:it area. The rcvi nary de p!at shall bo provided-prior to submittal-ef-a-design-review application, 11. The landscaping located on the buffer berm contained within the 50-feet 46-foot wide buffer area located adjacent to State Highway 44 shall be commensurate with landscaping requirements pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The landscape plan shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final development plan and final plat applications. 12. Provide a revised preliminary plat/preliminary development plan showing 63-additional the required covered parking spaces located within the area containing the apartments. The required covered parkin spaces shall be covered with lareenscave. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of a design review application. (ECC 8-4-5) 13. Provide a revised preliminary plat/preliminary development plan with plat note #'s 2-5 condensed into one plat note which states, "Direct lot access to East Plaza Drive, North Palmetto Avenue, East Cedar Ridge Street, and Public Road "A" is prohibited." The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. 14. Provide a revised preliminary plat/preliminary development plan with plat note #6 revised to state, "Minimum building setbacks shall be in accordance with City of Eagle applicable zoning and subdivision regulations or as specifically approved." The revised preliminary plat/preliminary development plan shall be provided prior to submittal of final development plan and final plat applications. 15. Provide a revised preliminary plat/preliminary development plan with plat notes #15 and 16 removed. The revised preliminary plat/preliminary development plan shall be provided prior to the submittal of final development plan and final plat applications. 16. Provide deco mentati dicattTeACHD right of ,ea)' area affecting Lots 1 11, Block 1 has been- vacated prior to Submittal of fieal de l plet appliections or Blot 1. 17. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within a 6-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Root barriers in accordance with ACHD requirements or equivalent shall be utilized to minimize damage to the adjacent sidewalks. The style of root barrier shall be reviewed and approved by staff prior to installation. 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 Page 36 of 47 K:U'lanning lkptll'Agle Applicationsll'n liminary Development 1'Ians1211181Motinari Park Sub prfdoc 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. 18. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 19. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 20. Molinari Park Subdivision shall remain under the control of one Homeowners Association. 21. 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. 22. All plat notes that are required on the preliminary development plan/preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 23. North Palmetto Avenue shall be constructed concurrently with Phase No. 4 (as shown on the Potential Project Phasing plan, date stamped bv the City on September 20, 2018). No certificate of occupancy permits shall be issued for the apartment buildings located within Phase No. 4 until ACHD has accepted the completed North Palmetto Avenue. 24. The applicant shall be required to post "No Overnight or RV/Boat Parking" signs located adjacent to East Plaza Road. The specific wording and location of the signage shall be approved bv ACHD and city staff prior to the placement of the signage. The signage shall be placed prior to the issuance of building permits. 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. Page 37 of 47 Kat'lanning IkptlEagle Applicationsll'rc@minary Development I'lans12CI8\Molinari Park Sub piI dac 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 performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Page 38 of 47 K:1Planning IeptU:agk Apptications\Prcliminary Development I'Ians1211181A1olinari Park Sub pzt:doc 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 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. Page 39 of 47 K:11'lanning Dept\liagle App ication.\Preliminary Development P1ans120181Molinari Park Sub pz1 duc 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 Eagle City 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. 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. Page 40 of 47 K:1Planning Derpt\Gaglc Applications1Preliminary Development P1ans120181Molinari Park Sub pzLdoc 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. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-07-18) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed 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 CBD -DA -P (Central Business District with a development agreement — PUD) is consistent with the Downtown designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is compatible with the CBD (Central Business District) zone and land use to the north since those areas have been developed with townhomes, a mobile home park, and storage units; d. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is compatible with the C -3 -DA (Highway Business District with a development agreement) and MU - DA (Mixed Use with a development agreement) zone and land use to the south since that area has a state highway and commercial development located south of the state highway; e. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) zone is compatible with the MU (Mixed Use) zone and land use to the east since that area is designated has been developed a commercial development and the proposed development will contain commercial lots located in proximity to the commercial development; f. The proposed CBD -DA -P (Central Business District with a development agreement — PUD) is compatible with the CBD and CBD -DA (Central Business District and Central Business District with a development agreement) zone and land use to the west since that area has been developed with an office building and senior housing facility; 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. Page 41 of 47 K:1I'lanning IhptU?agkk Applications'Prcliminary Ihcclopmcnt I'lans1201I11Molinari I'ark Sub piLJoc 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-03-18/PPUD-02-18/PP-06-18) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The proposed development will be constructed in four (4) phases with the time schedule for the development as follows: • Phase 1 (townhomes and mixed use building) — Spring 2019 • Phase 2 (townhomes and mixed use building) — Fall 2019 • Phase 3 (townhomes) — Spring 2020 • Phase 4 (multi -family promenade) — Spring/Summer 2020 b. Provide documentation to show that you have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. The applicant provided documentation indicating they have sufficient control of the land. As referenced on the Potential Project Phasing document, date stamped by the City on September 20, 2018 (attached to the staff report), the applicant is proposing to start construction of the first two (2) phases of the development in 2019. c. That the proposed development 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 because; The proposed development is designed to be in conformance with the Plaza Planning Area contained within the Downtown Planning Area of the comprehensive plan. The proposed development is designed to enhance the community by offering high quality townhomes and luxury apartments that are located within a five-minute walk of downtown Eagle shops and restaurants. The tax revenue and user fees associated with the infrastructure in the area will provide the revenue to support the development. d. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The proposed development is consistent with the existing commercial uses located in proximity to the site. The development will include three (3) different product types consisting of townhomes, multi -family apartments, and a commercial business development. There will be ground floor retail located near the proposed park area, townhomes, and multi -family buildings. The development is designed to provide a landscaped buffer and a transition of height of the buildings so as to not impact the scenic corridor along State Highway 44. The Commission determined that the height exception to 38 -feet for the townhomes, 59 -feet for the multi -family structures, 45 -feet for the mixed use structures, and 52 -feet for the commercial structures should be granted since the comprehensive plan identifies an allowable number of stories for the townhome, mixed use, and commercial structures and the height of the multi -family structures will be compatible in height with the existing and proposed buildings located within the immediate vicinity. The design and architecture of all proposed buildings is required to be reviewed and approved by the Design Review Board prior to construction; e. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Page 42 of 47 K:11'Ianning DeptlEaglc Application.s\Preliminary Development Plans120I1Mlnlinari Park Sub pif.dnc The proposed residential use located adjacent to Paddy Row Subdivision are similar in size. The larger scale multi -family buildings will be located in proximity to the center of the development to blend in with the surrounding area. f. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Anticipated traffic and noise levels are consistent with this type of development and neighboring commercial uses located adjacent to East Plaza Drive. The development will also contain residential uses that will not produce noise, smoke, fumes, glare, or odors beyond what is typical for multi -family and commercial developments. The commercial lots are proposed with uses that are similar to those approved for the adjacent properties. 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 because; The development is bordered on the north by East Plaza Drive (collector) and on the south by State Highway 44 (principal arterial). The tax revenue generated from residents and businesses within Molinari Park Subdivision will offset additional costs to public service providers that will serve this development. ACHD, ITD, Eagle Fire, Eagle Sewer District, and Eagle Water Company have reviewed the proposed development and indicate that capacity exists to adequately serve this development. h. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, power provider, water, or highway district. Because the developer provides infrastructure for the services in the initial stages of development, the public service providers avoid potential liability and expenses. The commercial areas will be served by public streets. Private drive aisles and private streets will serve the multi -family and single-family portions of the site with utilities extended to all the dwelling units. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; The development will contain a public park, paths (public and private), open areas, and creation of amenities not typical of a non -PUD subdivision. The proposed development contains approximately 23.1 % of open space to serve the residents of the subdivision and the public. The applicant is also proposing a swimming pool, community gathering center, pet/dog friendly walking paths, electric car charging stations, rooftop community spaces, and a multi -use bike/pedestrian path. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from East Plaza Drive (collector), East Cedar Ridge Avenue, and State Highway 44 at the southern property boundary. With the exception of East Plaza Drive and East Cedar Ridge Avenue, a portion of the interior streets will be private and will be constructed in conformance with standards pursuant to Eagle City Code. g. J. Page 43 of 47 K:Wlanning IkptUiaglc Applications\Prcliminary I)cvcloptncnt Plans120I81Molinari Park Sub pzf.doc k. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The site has been vacant for several years with the exception of when the property was previously utilized for the Eagle Rodeo. I. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Plaza Planning Area contained within the Downtown Sub -Area Plan of the comprehensive plan. The Plaza Planning Area plan calls for Transit Ready Development (TRD) consisting of a mixture of office, residential, retail and commercial uses. m. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; The applicant requests approval for a development agreement, conditional use permit, and planned unit development as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. n. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The development provides a mix of townhomes, multi -family, and commercial uses. The residential portions of the development will be served by private streets to facilitate a specific housing product that is in high demand in Eagle. The residents of the development will be located within walking distance of commercial businesses located in proximity to the site. o. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. The public services that will be provided to the development include the following: Fire The project is located within the Eagle Fire District. Police The project will be served by the Eagle Police Department. Water The project is located within the Eagle Water Company's certificated area. Sewer The applicant will be required comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads, the North Palmetto Drive extension, and improvements of East Plaza Drive will be completed by the developer. Upon completion of the public roads they will be dedicated to ACHD. The private streets and private drive aisles will also be constructed by the developer and maintained by the homeowner's association. Page 44 of 47 K:1'4tnning tkptAEaglc Appiicatinn Preliminary• Development t'lans12O18\ olinari Nark Sub pd.doc Parks and Open Space The development will contain over 23.16% of passive and active open space providing residents a variety of recreation options from which to choose. A system of public and private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of any private open space areas will be regulated by the Molinari Park Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of Molinari Park Subdivision are located in the West Ada School District boundaries. 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. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development, the public service providers avoid potential liability and expenses. q. The estimated tax revenue generated to the City of Eagle from the development is approximately $1,106,133/year (as shown on the breakdown contained within the applicant's narrative attached to the staff report and incorporated herein by reference). r. That the uses are appropriate with the planned residential uses. The retail and commercial uses located within the site will provide services and jobs for the residents located within the development. Also, the buildings located at the intersection of East Cedar Ridge Street and public road "A" (ACHD) will have residential units located above the retail uses. s. That the uses will serve principally the residents of the PUD. The proposed commercial and retail uses will principally benefit the residents of Molinari Park Subdivision due to the proximity of those uses located within the development. Also, since the project is located within the downtown area it will also serve the residents of the greater community as identified within the comprehensive plan. t. That the uses are planned to be an integral part of the PUD. The residential, commercial, and retail uses planned for this PUD will integrate with one another in this urban environment while offering a community setting through use of open/green space, public park, facilities for walking and biking. This development contains a mix of uses that are appropriate and integral to the area as identified in the Plaza Planning Area contained within the comprehensive plan. u. That the uses located and designed to provide direct access to a collector or arterial street. The proposed development is located adjacent to East Plaza Drive (collector) and State Highway 44 (principal arterial). The applicant is also required to construct the North Palmetto Drive extension which will be constructed as a collector. v. That the proposed street connections will not create congestion of traffic hazards. The proposed street sections will mitigate the traffic congestion at the intersection of Eagle and State Highway 44 and allow motorists who wish to visit downtown Eagle more traffic circulation to access downtown businesses. Also, the applicant is required to construct the North Palmetto Page 45 of 47 K:U'Lutning Deptll:agk Applicationsll'reliminary Development 1'lans121111i1Molinari Park Sub pzl:doc Drive extension which will help reduce congestion at the intersections of North Eagle Road and SH -44 and South Edgewood Lane and SH -44. 3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Commission has determined that: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that the private street will serve to enhance the overall development. The following reasons support the above noted finding: The proposed development has just one public street stubbed to it (East Cedar Ridge Street). East Cedar Ridge Street will be extended to the east as a public road to connect to Plaza Drive. The remaining blocks south and east of East Cedar Ridge Street are well suited for private streets as there are no other necessary stubs required to adjoining properties since they have been developed. The blocks are essentially off-line of the public street system, thus, they only require access for the residents of the development. The private street design also allows many of the townhome fronts to open to common area. The design minimizes roadways and maximizes useable open space; 2. The private street within the subdivision provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The roadways are designed to a width equivalent to public street standards to allow for safe and effective vehicle travel. On street parking is provided, typical of low volume traffic streets, and are congregated in proximity to open space with close proximity to detached sidewalks and internal pathways for ease of pedestrian traffic flow; 3. The private street provides adequate access for service and emergency vehicles: The private streets are designed to meet or exceed the fire department emergency service vehicular dimensional standards which require higher standards than other emergency vehicles; 4. The private streets within the subdivision do not adversely affect access to adjacent properties: The property is bordered to the south by State Highway 44 and to the north by East Plaza Drive. It is bordered to the east and west by commercial development which do not contain stub streets; therefore, the adjacent properties gain access to public streets through other means. The applicant will be required to construct North Palmetto Avenue (public) which will provide additional access to the commercial development located east of the proposed development; 5. The private streets will not landlock adjacent property due to topography or parcel layout as shown on the proposed plan, and since all adjacent properties currently have access to public roadways; 6. The private streets within the subdivision do not connect one public street to another; 7. The use or alignment of the private street within the subdivision do not interfere with the continuity of public streets as noted above; and 8. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof, within the required CC&Rs for the subdivision and with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer and City Attorney prior to City Clerk signing the final plat or prior to the issuance of building permits, whichever occurs first. 4. Pursuant to Eagle City Code 8-7-3-5 (F), a conditional use permit shall not be considered as establishing a binding precedent to grant other conditional use permits. Page 46 of 47 K:1Planning 1kptlliagke Applicalionsll'reliminary Davelopmcni l'lans12O181Molinari Park Sub pet1doc Dated this 19'h day of November 2018. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: O / Sharon K. Bergmann, Eagle City Clerk Page 47 of 47 h\I'lnning Ikpr\I agk• Appkialunn.\I'rdunmen 1) Iopnuni I'lan.\_'ulh 1'•ul'. t Iv! .1 1 CONN. YANA IAN. IPRIVAI(t —---�--_ rr-1_+- t 1 W Jl PRELIMINARY PLAT / PRELIMINARY DEVELOPMENT PLAN for MOLINARI PARK SUBDIVISION A PARCEL OF LANG LOCATED IN A PORTION OF THE NW 114 OF SECTION 16 AND IN A PORTION OF THE SW 114 OF SECTION 9, T.4N., R.1E.. RAI., CITY OF EAGLE, ADA COUNTY. IDAHO 2019 ACCESS MOVE .0 O -FfN-,VE 1 PO EPATE EMS I.V/11INN 110:'A•N11, NM CII RA/ADAM IG P.IMN AANNI II PAIN 1W, P OAT ACCESS DRIVE • 1. C DAN RIDGE SIRES IACI101 ENL_SJt_• v • • •_ CITY OF EAGLE OCT 0 9 2018 PROTECT CONTACTS OWNER CIVIL ENGINE:P.R TON1(7, LLC RI toISIIN INGRNfPR%) MPRYIIAACMS MOAN. APISH, PT NREOWVAY RTOOX 1901 /ITN EPSINEET fA1X1OWN 11116 TWO( OM. .002 ION IWO. LANDSCAPE ARCHITECT ARCIUTECT 040 ANC/NIEMEN µANA!WOE, ASIA IN. FPS! AifMK RAO 1.I S(ATRF NASMP)NW /IIS1 SHEET INDEX IPA CLV1N SINE ENV SIM RAN PPI 101 DARE NSYINS MI CNIyS[T PP..Et IPS OKAi MAD SECTION,, PEN IRI VIP. ON NT ACL(, is AY PMII NONINAACINII OWE ANN NNP. INA 110/w COO. 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