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Findings - CC - 2018 - RZ-04-18 & PP-13-18 - Da Modification In Lieu Of Pud, Pp For Belemeade SubdivisionBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A DEVELOPMENT AGREEMENT MODIFICATION [DEVELOPMENT AGREEMENT IN LIEU OF A PUD] AND PRELIMINARY PLAT FOR BELLEMEADE SUBDIVISION FOR MADERA DEVELOPMENT, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-04-18 & PP -03-18 The above -entitled modification of the executed development agreement (development agreement in lieu of a PUD) and preliminary plat applications came before the Eagle City Council for their consideration on September 25, 2018, at which time public testimony was taken. The City Council directed the applicant to work with staff to address the City Council's parking and open space concerns. The City Council continued the applications to the November 13, 2018, meeting to provide the applicant the opportunity to work with staff to address the City Council's concerns. The applicant provided a revised preliminary plat, date stamped by the City on November 5, 2018, to address the City Council's concerns. The revised preliminary plat came before the City Council for their action on November 13, 2018, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Madera Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is requesting modification of the executed development agreement (Ada County instrument number #113089276) (development agreement in lieu of a PUD), and preliminary plat approvals for Bellemeade Subdivision, an 81 -lot (73 -residential, 8 -common [3 -common, 4 -driveway access, 1 - private road]) residential subdivision. The 10.99 -acre site is located on the north side of West Flint drive at the northeast corner of West Flint Drive and North Park Lane at 3850 West Flint Drive and 312 North Park Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Senior Center, 312 East State Street, from 6:15- 7:OOPM, Tuesday, March 27, 2018, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 19, 2018. A revised narrative was received by the City on May 25, 2018. A revised preliminary plat was received by the City on August 15, 2018. A second revised narrative was received by the City on August 16, 2018. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 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 July 27, 2018. Requests for agencies' reviews were transmitted on April 24, 2018, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with Eagle City Code on August 9, 2018. Page 1 of 31 K:lplanning hcptlEaglc Application..\SUBS12OI8111ellcmcadc Sub xI doc Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 10, 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 September 6, 2018. The site was posted in accordance with the Eagle City Code on September 14, 2018. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On September 7, 2004, the City Council approved a comprehensive plan amendment to change the land use designation on the Comprehensive Plan Land Use Map from Residential One (up to one dwelling unit per acre) to Mixed Use and a rezone from A -R (Agricultural -Residential) to MU -DA (Mixed Use with development agreement) for Lots 1 and 2, Block 1, and Lots 1, 2, 4, 5, 6, 8, and 9, Block 2, of Flint Estates Subdivision (CPA -03-03 and RZ-08-03). On September 27, 2005, the City Council approved a conditional use permit, preliminary development plan and preliminary plat for Bellemeade Planned Unit Development for Tom Ricks and John Wood (CU-07-05/PPUD-03-05/PP-09-05). On September 26, 2006, the City Council approved a preliminary plat extension of time for Bellemeade Planned Unit Development, to be valid until September 27, 2007 (PPUD-03-05 EXT). On May 8, 2007, the City Council approved a design review for the common area landscaping for Bellemaede Subdivision for Tom Ricks (DR -87-06). On May 8, 2007, the City Council approved a design review for the signage for Bellemeade Subdivision for Tom Ricks (DR -88-06). On November 20, 2007, the City Council approved a final development plan and final plat for Bellemeade Subdivision for Tom Ricks (FPUD-02-07 & FP -05-07). On October 28, 2008, the City Council approved a modification to the development agreement associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD). On January 13, 2009, the City Council approved a final plat extension of time for Bellemeade and Bellewood Planned Unit Developments, to be valid until November 20, 2009 (EXT -22-08). On December 1, 2009, the City Council approved a final plat extension of time for Bellemeade and Bellewood Subdivisions, to be valid until November 20, 2010 (EXT -22-09). On December 14, 2010, the City Council approved a final plat extension of time for Bellemeade and Bellewood Subdivisions, to be valid until November 20, 2011 (EXT -12-10). On June 14, 2011, the City Council approved a second modification to the development agreement associated with Arts West Subdivision and surrounding properties (RZ-08-03 MOD2). On May 26, 2015, the City Council approved a development agreement modification and preliminary plat approval for Liberty Park Subdivision (formerly known as Bellemeade Planned Unit Development) (RZ-01-15/PP-01-15). On November 17, 2015, the City Council approved a development agreement modification and preliminary plat modification for Liberty Park Subdivision (RZ-01-15 MOD/PP-01-15 MOD). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated May 25, 2018, provided by the applicant's representative (attached to the staff report). Page 2 of 31 KAPlanning Dept\Eaglc Applications\SURS121118113elkmcadc Sub ccf.doc G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated May 25, 2018, provided by the applicant's representative (attached to staff report). H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Mixed Use MU -DA (Mixed Use with a Lot 1 and 2, Block 1, development agreement) Flint Estates Subdivision Proposed No Change MU -DA (Mixed Use with Single-family (attached Development Agreement [in and/or detached) lieu of a PUD]) residential subdivision North of site Public/Semi-Public PS (Public/Semipublic) Eagle High School South of site Mixed Use MU -DA (Mixed Use with Single-family residence Development Agreement [in and Warrior Park lieu of a PUD]) Subdivision East of site Neighborhood Residential A -R (Agricultural- Flint Estates Subdivision Residential) West of site Mixed Use MU -DA (Mixed Use with Springhouse Subdivision Development Agreement [in lieu of a PUD]) I. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site — 10.99 -acres Total Number of Lots — 81 Total Number of Units — 73 Residential — 73 Commercial — 0 Industrial — 0 Common — 8 (3 -common, 4- driveway access, 1 -private road) Single-family — 73 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 3 of 31 K:1Planning Dept\Eagle Applications\SUBS120181Bcllcmcadc Sub cad n Additional Site Data Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Proposed Required 6.64 -dwelling units per acre 3,600 -square feet* 40 -feet 38 -feet Total Acreage of Common Area 2.87 -acres** Open Space Percent of Site as Common Area 26.1 %** Open Space 6.64 -dwelling units per acre (as limited within the development agreement) 5,000 -square feet 50 -feet 0 -feet (served by common driveway) 2.76 -acres 25.1% 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. * The applicant is providing an off -setting increase in open space to allow for the reduction of lot sizes. ** Not inclusive of private street lot and ingress/egress common lots. K. GENERAL SITE DESIGN FEATURES: Open Space: A total of 2.87 -acres of open space is proposed within the development. The open space consists of a centralized common area and buffer areas located adjacent to West Flint Drive, North Park Lane, and West Nephi Lane. 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: The preliminary plat, date stamped by the City on August 15, 2018, notes that all lot lines common to a public right-of-way, private road lot, and the subdivision boundary have a 12 -foot wide permanent public utility, drainage, and irrigation easement. The notes also indicate that no easements are being provided along interior lot lines unless they are required by a utility provider. All utilities including power are required to be placed underground. Page 4 of 31 KAI'lanning lkpAliagle Applicatiom1SUliSUOIXll3cllemraJc Sub ccl.doc Fire Hydrants and Water Mains: The preliminary plat, date stamped by the City on August 15, 2018, shows three (3) fire hydrants located within the subdivision. Eagle Fire Department provided correspondence, date stamped by the city on May 2, 2018, which indicated the bollards that are shown in the emergency fire lane that intersects W. Nephi Lane are not approved. The fire department will accept an approved gate to restrict use of the fire lane or simply keep the fire lane open with no obstructions. On-site Septic System (yes or no) — Yes The site contained two residential dwellings which are currently being served by septic systems. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that 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 subdivision. 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. L. STREET DESIGN (based on the preliminary plat, date stamped by the City on August 15, 2018): Public Streets: None Private Streets: The private street typical section shows a 50 -foot wide street section (contained within the common lot). The area of the private street located within the common lot contains 36 -feet of travel way (as measured from back of curb to back of curb) with two -foot wide reverse curb and gutter located on each side of the travelway. One side of the street contains 7 -feet of an 8 -foot wide landscape strip. The street section shows an attached sidewalk located on one side of street and a detached sidewalk on the opposite of the street, both of which are located outside of the common lot. The street section shows an 8 -foot wide ACHD easement containing the detached sidewalk and an 8 -foot wide ACHD easement located 2 -feet behind the attached sidewalk. The private street typical section for the entrance from Flint Drive shows a 70 -foot wide street section inclusive of two (2) 22 -foot roadway sections (as measured from back of curb to back of curb) with vertical curbing, an 1 1 -foot landscape island, and 8 -foot wide drainage swales located on each side of street. The street section also shows 5 -foot wide detached sidewalks located outside of the right-of-way on each side of street. Blocks Less Than 500': None proposed Cul-de-sac Design: None proposed Sidewalks: The preliminary plat, date stamped by the City on August 15, 2018, Curbs and Gutters: Reverse curb and gutter is proposed adjacent to the internal private streets. Page 5 of 31 K:1Planning UcptlLagk Applications\SU1t512U181Bcllcmcadc Sub xl doc 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 name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: The applicant's narrative, date stamped by the City on August 16, 2018, indicates the development will contain a large open space with walking paths. However, no walking paths are delineated on the preliminary plat. 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. N. PUBLIC USES PROPOSED: None O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Lynn Moser, General Manager, Eagle Sewer District, provided email correspondence, dated April 24, 2018, indicating the property is annexed into the Eagle Sewer District and there is a sewer main located within Flint Drive. The property is located within Suez company's certificated water service area. Fire and medical services will be available from the Eagle Fire District. Police protection is provided by the Ada County Sheriff's Department through contract with the City of Eagle. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — No Evidence of Erosion — No Fish Habitat — No Floodplain — No Mature Trees — Yes — located in proximity to the existing residences, centrally within the site, adjacent to North Park Lane, and adjacent to the eastern boundary line. Riparian Vegetation — No Steep Slopes — No Stream/Creek — No Unique Animal Life — No Unique Plant Life — No Unstable Soils — No Wildlife Habitat — No R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required. Page 6 of 31 K:U'Lmning Ikpt1F.agk Applicatiurts1SUI3s12018111kIk:mcadc Sub ccf.doc S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated, July 26, 2018, are of special concern (attached to the staff report). City Water Supervisor: Email indicating the property is located within Suez Water Company, certificated water service area (attached to the staff report). Ada County Highway District Andeavor Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Fish and Game Idaho Transportation Department T. LETTERS FROM THE PUBLIC: None received to date. U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to develop the subdivision in two phases. V. 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. Page 7 of 31 K:U'Lmuutg Ikptll:agk Applicatit ns\SUI3S2Q181I3i: k mcadc Sub cct.dot: 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.5 Land Use Designation The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Chapter 6: Land Use 6.5.1 Park Lane Uses B. Flint Drive shall be preserved primarily as a residential street. 6.5.2 Park Lane Design B. Flint Estates Area 1. The Flint Estates area adjacent to State Highway 44 should be designed to provide commercial uses that encourage pedestrian circulation from the residential and Page 8 of 31 K:U'lanning Ikpi L agk Applkations\SUI3S 2O181i3clkm atc Suhsrl.dnc high school areas, to complement the existing mixed-use area at State Street and Park Lane (Camille Beckman) and planned new residential uses adjacent to the north. 2. Street trees, benches and sidewalks are encouraged within the Park Lane Planning Area. 3. Common parking areas at the side of buildings and joint parking agreements should be encouraged so walking distances between buildings are minimized and provide a pedestrian scale to the area. 4. Th activity centers and building orientation should focus on internal circulation streets rather than the regional transportation network. 5. On -street parking should be encouraged where sufficient right of way is available. 6. Transitional lot sizes and design elements (berms, fences, etc.) should be used to provide buffering to residential areas to the east and north of the mixed-use area. Chapter 8: Transportation 8.4.1 Roadway Strategies: P. Local and collector streets through residential neighborhoods are recommended to provide connectivity while being designed to preserve the character of the surrounding neighborhoods through appropriate design techniques, including street width, traffic calming, and traffic control. The goal of the local street system is to provide for local circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to provide this connectivity, new developments should be required to stub access to adjacent undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All new developments should be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2: Rules and Definitions: 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. LOT TYPES: Terminology used in this title with reference to corner lots, interior lots and through lots is as follows: Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two (2) streets may be referred to as double frontage lots. • Eagle City Code, Section 8-2-1: Districts Established: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial, and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All Page 9of31 K:U'lanning Ikptll:agk ApplicationASUBS12018111clkmcade Sub cct:doc development requiring a conditional use permit in the MU zoning district, as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. • Eagle City Code, Section 8-2-1: Schedule of District Use Regulations: Single-family and multi -family dwellings are allowed by Conditional Use within the MU (Mixed Use) zoning designation. • Eagle City Code, Section 8-2-4: Schedule of Building Height and Lot Area Regulations for the MU (Mixed Use) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* IMU 1135' 20' 20' 17.5' 1120' 1150% 115,000 150' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code, Section 8 -2A -7(J): Buffer Areas/Common Lots: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, Page 10of31 K:1Planning I)epilliagle Applications\SUI3S12018113eilemeadc Subccr.doc provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code, Section 8-4-5: Schedule of Parking Requirements: Type Of Use Off Street Parking Spaces Required RESIDENTIAL Apartments For each unit with 2 or more or multi- bedrooms - 2 including 1 covered; family for each 1 bedroom or studio unit - dwellings 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 • 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 ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1(J): Driveways: Driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. • Eagle City Code Section, 9-3-5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary Page 11 of 31 K:1Nlanning I)cptlliagk Applications\SUli512I118113cllcnecadc Sub cct doc from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section, 9-3-8 (D)(4): Public Sites and Open Spaces: Ownership and Management of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: 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. D. DISCUSSION (based on preliminary plat, date stamped by the City on August 15, 2018): • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform to the closest compatible base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a MU -DA (Mixed Use with a development agreement [development agreement in lieu of a conditional use permit]) zoning designation. The required setbacks Page 12of31 K:II'lanning I)cpA ag c Applications SUliS120I8U3cdkmcatc Sub ccl.doc within the MU (Mixed Use) zone are as follows: Front 20 -feet Rear 20 -feet Side 7.5 -feet Street Side 20 -feet Maximum Coverage 50% The applicant is proposing single-family detached and/or attached units to be located on lots separating each unit. Since the units will be attached on one (1) side the applicant is requesting a "zero" side setback. The proposed setbacks as identified in the applicant's narrative, date stamped by the City on October 25, 2016, reflects the following setbacks: Front: 20 -feet* Rear: 15 -feet Interior Side: 0-feet/5-feet (detached) Street Side: 15 -feet (living), 20 -feet (garage) * Front setback measured from back of sidewalk to front of garage With regard to the reduction of setbacks, staff has the following comments: The applicant is proposing the front setback be measured from the back of sidewalk. Pursuant to Eagle City Code Section 8-1-2, setbacks are measured from the property lines. The street section shown on the preliminary plat, date stamped by the City on August 15, 2018, shows the detached 5 -foot sidewalk located 1 -foot outside of the right-of-way and the attached sidewalk located within the right-of-way. The front setback should be measured from the property line and provide for a minimum of 20 -feet between the back of sidewalk and front of the garage. The applicant is proposing a side setback of 0 -feet for attached units and 5 -feet for detached units with no additional setback for two-story structures. The applicant provided building elevations, date stamped by the City on August 13, 2018, showing single -story structures. Based on the width of the lots and the building elevations, the residential dwellings should be restricted to single -story only. It is staff's opinion that based on 1) locations of the sidewalk in relationship to the right-of- way, 2) the request for a side setback of 5 -feet with no additional setback for two-story structures, 3) size of the lot, and 4) no reference of a maximum lot coverage, the setbacks and lot coverage should be approved as follows: Front: 26 -feet Rear: 15 -feet Interior Side: 0-feet/5-feet (detached) Street Side: 21 -feet (living), 26 -feet (garage) Maximum Lot Coverage: 60% The residential dwellings shall be single -story (25 -feet maximum height). • The applicant is proposing a private street with no interconnectivity to the adjacent parcels. The transportation chapter of the comprehensive plan identifies a roadway strategy which states, "Local and collector streets through residential neighborhoods are recommended to provide connectivity while being designed to preserve the character of the surrounding neighborhoods through appropriate design techniques, including street width, traffic calming, and traffic control. The goal of the local street system is to provide for local circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged. Page 13of31 K:1I'Ianning Ikpaagk ApplicationslSUI3SI20Ilikliclkmcadc Sub cxf.doc To provide this connectivity, new developments should be required to stub access to adjacent undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All new developments should be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments." Flint Drive functions as a residential collector. The adjacent property located to the east will more than likely be developed in the future. The subdivision should have public streets within the development with a street stub providing connectivity to the adjacent property to the east which will establish a future street network in the future. The applicant should be required to provide a revised preliminary plat with public streets and a street stub providing connectivity to the adjacent property to the east. The revised preliminary plat should be provided prior to submittal of a design review application. • The private street typical section shown on the preliminary plat shows an attached sidewalk located adjacent to one side of the street. Pursuant to Eagle City Code Section 9-4-1-6(F)(3), sidewalks shall be separated from the edge of abutting roadway and/or back of curb by a minimum 8 -foot wide landscape strip. Also, the street section shows an ACHD easement located 2 -feet behind the sidewalk. The sidewalk should be located within the ACHD easement. If the private street is approved, the applicant should provide a revised preliminary plat with a private street typical section showing an 8 -foot wide landscape strip separating the sidewalk from back of curb on both sides of the street. The revised preliminary plat should be provided prior to submittal of a design review application. o Plat note #3 on the preliminary plat states, "Lot 57, Block 1, shall be a private road lot to be owned and maintained by the homeowners association." The plat note does properly address the required plat notes associated with private streets. Pursuant to Eagle City Code Section 9-3-2-5(C)(2) 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. The applicant should provide a revised preliminary plat with plat note #3 revised to a) convey to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private streets, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private streets cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat should be provided to the City prior to submittal of a final plat application. • Plat note #5 of the preliminary plat states (in part), "The following lots are designated as common/landscape area lots and will be owned by the homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over the entirety of the lot." Pursuant to Eagle City Code Section 9-3-8(D)(4)(a), the applicant is required to identify the owner of the open space who is responsible for the maintaining the open space and facilities located thereon. The applicant should be required to provide a revised preliminary plat with plat note #5 revised to state, "The following lots are designated as common/ landscape area lots and will be owned and maintained by the Bellemeade Subdivision homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over the entirety of the lot." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 14 of 31 K:U'lanning lkptllask Applications\.SUBS12111xlltd 1emcade Sub xI.dnc • Plat note #6 of the preliminary plat states (in part), "The following lots are designated as common lots to provide ingress/egress to the following identified lots. These lots also provide blanket public utility, irrigation and drainage easements. Said lots will be owned and maintained by the homeowners association." The number of lots gaining access from the four (4) common lots vary in number from 2-4 residential lots. Pursuant to Eagle City Code Section 9-3-2-1(J), driveways providing access to no more than two (2) dwelling units shall be allowed within any subdivision. The applicant should be required to provide a revised preliminary plat showing that no more than two (2) dwelling units take access from a single driveway prior to submittal of a final plat application. If the City Council approves more than two (2) dwelling units taking access from a single driveway, the applicant should provide a revised preliminary plat with plat note #6 revised to state, "The following lots are designated as common lots, which a) provide perpetual right of ingress/egress, b) the easement runs with the land, and c) shall be owned and maintained by the Bellemeade homeowners association. These lots also provide blanket public utility, irrigation and drainage easements." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #12 of the preliminary plat states, "Minimum building setback lines shall be in accordance with the Eagle City zoning ordinance at the time of issuance of a building permit or as specifically approved and/or required." The setbacks for the development will be a condition of development within the development agreement. The applicant should be required to provide a revised preliminary plat with plat note #12 revised to state, "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 RZ- 04-18 or any subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #13 of the preliminary plat states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with and subsequent modifications." The rezone number associated with the subject application is RZ-04-18. The applicant should be required to provide a revised preliminary plat with plat note #13 revised to state, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-04-18 and subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat identifies a 31.4 -foot wide existing Ballentyne Ditch Company north drain easement to be relinquished. The preliminary plat also identifies a proposed 20 -foot wide Ballentyne Ditch Company north drain easement, both of which are located adjacent to North Park Lane. The applicant should be required to provide documentation from the Ballentyne Ditch Company indicating the Ballentyne Ditch Company 31.4 -foot wide north drain easement has been relinquished and a Ballentyne Ditch Company 20 -foot wide north drain easement is shown adjacent to North Park Lane on the final plat prior to the City Clerk signing the final plat. • The preliminary plat identifies a 50 -foot wide existing Drainage District #2 easement to be relinquished. The preliminary plat also identifies a proposed 25 -foot wide Drainage District #2 easement, both of which are located adjacent to West Flint Drive. The applicant should be required to provide documentation from Drainage District #2 indicating the Drainage District #2 50 -foot wide easement has been relinquished and a Drainage District #2 25 -foot wide easement is shown adjacent to West Flint Drive on the final plat prior to the City Clerk signing the final plat. Page 15 of 31 K: Planning ikptlliagk Appl cationASUBSUOI8113c&mcadc Sub ccf doc • The preliminary plat identifies that Lot 40, Block 1, will contain an emergency fire access. The preliminary plat also identifies the emergency fire access will have removable bollards located at the entrance from West Nephi Lane. The Eagle Fire Department provided correspondence, date stamped by the City on May 2, 2018, which indicated the bollards shown on the emergency fire lane that intersects West Nephi Lane are not approved. The correspondence further states that the fire department will accept an approved gate to restrict use of the fire lane or keep the fire lane open with no obstructions. Also, at the time the fire department reviewed the preliminary plat, the internal roads were proposed as public. The applicant's narrative, date stamped by the City on August 16, 2018, indicates the private streets may be gated in the future. The applicant should be required to provide correspondence from the Eagle Fire Department approving any gates proposed to block the emergency fire access located within Lot 40, Block 1. The correspondence should be provided prior to installation of the gated entrance. If the private streets are approved, the applicant should be required to provide correspondence from Eagle Fire Department approving the subdivision with private streets. The correspondence should be provided prior to submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested modification of the executed development agreement (development agreement in lieu of a PUD) and preliminary plat with the 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 August 20, 2018, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one (1) individual who voiced the following concerns: • The proposed density is too high for the area. • The applicant has not provided a transition of lots sizes to the adjacent property. • The availability of surface water for a pressurized irrigation system. • The existing trees located within the subject property should be maintained within the property. C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). D. Oral testimony neither in favor of nor in opposition to the application was presented to the Planning and Zoning Commission by three (3) individuals who indicated the following: • Have a concern regarding the overcrowding of schools in the area. • Park Lane is not designed for additional traffic, therefore, the traffic from the proposed development will have an impact to Park Lane. • Have an appreciation that apartments are not being proposed and requested lower density located adjacent to the eastern boundary. • Has a concern with the proposed density being so high when property prices are as high as they are in the area. • The applicant should be required to maintain the 5,000 -square foot minimum lot size required for the MU (Mixed Use) zoning district. • Park Lane is backed up when school is in session. During the times that Park Lane is backed up the residents within the development will utilize Flint Drive to access SH -44. Page 16of31 K:Wlanning Dept\Eaglc Applic:ationssSUl3S120I81Bc11emcadc Sub ccI.doc COMMISSION DELIBERATION: (Granicus time 1:41:30) Upon closing the public hearing, the Commission discussed during deliberation that: • The development is designed to be in conformance with the comprehensive plan and Eagle City Code. • It doesn't matter where new developments are being proposed traffic is always discussed as being a concern. • One of the Commissioners indicated the applicant has provided the off -setting increase in open space to mitigate for the proposed smaller lot sizes, however, the other Commissioners indicated the applicant should be required to conform with the minimum lot size required for the MU (Mixed Use) zoning district. • No concerns with private streets. • They do not support allowing for full access from the high school through the development. • There should be sufficient space to park a vehicle between the back of the sidewalk and the front of the garage. COMMISSION DECISION REGARDING THE MODIFICATION OF THE EXECUTED DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Commission voted 4 to 0 (Guerber absent) to recommend approval of RZ-04-18 for a modification of the executed development agreement (development agreement in lieu of a — PUD) for Madera Development, Inc., with conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated September 4, 2018. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Guerber absent) to recommend approval of PP -03-18 for a preliminary plat for Bellemeade Subdivision for Madera Development, Inc., with the site specific conditions of approval and standard conditions as provided within their findings of fact and conclusions of law document, dated September 4, 2018. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on September 25, 2018, at which time testimony was taken. The City Council directed the applicant to work with staff to address the City Council's parking and open space concerns. The City Council continued the applications to the November 13, 2018, meeting to provide the applicant the opportunity to work with staff to address the City Council's concerns. The applicant provided a revised preliminary plat, date stamped by the City on November 5, 2018, to address the City Council's concerns. The revised preliminary plat came before the City Council for their action on November 13, 2018, at which time public testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by two (2) individuals (not including the applicant/representative) who indicated the following: • The property is currently zoned Mixed Use which allows for higher density and a mix of lot sizes. The project is designed well with smaller lots and a wide street section which allows for on -street parking. • The proposed development provides for smaller lot sizes providing a diversity of lot sizes within the city. The smaller lots will also be easier to maintain. • There have been prospective buyers looking to purchase Tots of this size within the City of Eagle and the availability of lots as proposed is limited. Page 17 of 31 K:U'lanning 1kptL:aglc Applications\SUBS12018113c&kmca,c Sub ccf.doc C. Oral testimony in opposition to the applications was presented to the Council by three (3) individuals who voiced the following concerns: • The proposed density is too high for the area. • The traffic impacts associated with the development and the adjacent high school will impact the surrounding area. • In the event of a snow storm there is no room for the storage of snow on the narrow streets. • The streets are not wide enough to allow for on -street parking; therefore, lots should be removed to allow for widening of the streets. • The applicant should be required to widen the streets for increased safety. • The schools within the area are already over capacity. D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Council by two (2) individuals who indicated and/or requested the following: • They appreciate the transparency the applicant's representative has provided during the process. • Supports not having three-story apartments at this location. • Will the applicant be preserving the existing trees located within the site? • How is irrigation water being provided to the development? • Traffic is a concern in the area since Park Lane is not designed for additional traffic. • Concern with the lack of transition of lot sizes to the adjacent properties. • The lots sizes should be a minimum of 5,000 -square feet is size. COUNCIL DECISION REGARDING THE MODIFICATION OF THE EXECUTED DEVELOPMENT AGREEMENT (DEVELOPMENT AGREEMENT IN LIEU OF A PUD): The Council voted 4 to 0 to approve RZ-04-18 for a modification of the executed development agreement (development agreement in lieu of a — PUD) for Madera Development, Inc., with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement with underline text to be added by the Council: 3.1 The residential use shall be a permitted use on the Property. The maximum density for the Property shall be 6.55 -dwelling units per acre (72 -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. 3.4 The setbacks and lot coverage shall be as follows: Front: 31 -feet (Lots fronted by a detached sidewalk) 25 -feet (Lots fronted by an attached sidewalk) Rear: 15 -feet Interior Side: 0-feet/5-feet (if detached) Street Side: 21 -feet (living), 31 -feet (garage) Page 18 of 31 K:1Planning 1)ept\liagle Applications\SUBti12018113ellemeade Sub cct:doc Maximum Lot Coverage: 60% The development may contain 60% single -story dwellings (with a maximum plate height of 10 - feet and maximum building height of 25 -feet) and 40% two-story dwellings. The two-story dwellings shall be located along the northern property line and within the center housing area of the subdivision. 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, 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 ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) An allocation of responsibility for the repair and maintenance of the private streets and common lots providing ingress/egress, including the repair and replacement of asphalt and sidewalks, in perpetuity. 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 ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (c) A requirement that no parking is allowed on the emergency fire access and a mechanism for the enforcement of the no parking requirement. (d) 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 wooden decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (e) 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 single-family dwellings shall be constructed utilizing the style architecture as shown on Exhibit «D „ To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.7 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 and commercial uses. A letter of approval Page 19of31 K:IPlanning l)eptll:agle Applications\SUBS1211Iri\Bellemeade Sub ccf.doc 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. 3.9 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.10 In conjunction with 3.8 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. 3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the all common areas throughout the development, 3) landscape screening details and buffering for the common lot located adjacent to North Park Lane 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final plat application. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve of PP -03-18 for a preliminary plat for Bellemeade Subdivision (date stamped by the City on November 5, 2018) (Exhibit "A") for Madera Development, Inc., with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strikethrough text to be deleted by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-04-18. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat. (ECC 9-2-3[C][3][1]) - - -- - - b providing connectivity to the adjacent property to the east. Th plat shall be provided prior te-submittal of -a design revi�ication. b ii 5 4f the private street is eprrov : , - . - - - .. • plat with a private street -typical section-shewin an ° foot wide -landscape strip ,epara e : i -dew from back of en -both Gid- - - - . - - - _ -- plat ,hall -be -pre ided pr' f a dei 6. If the private street is approved, provide a revised preliminary plat with plat note #3 revised to a) convey to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private streets, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private streets cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior Page 20 of 31 K:1Planning Ikpt 1 agle Applications1SU13S121118113elkmeadc Sub eadoc to submittal of a final plat application. (ECC 9-3-2-5[C]) 7. Provide a revised preliminary plat with plat note #5 revised to state, "The following lots are designated as common/landscape area lots and will be owned and maintained by the Bellemeade Subdivision homeowners association and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over the entirety of the lot." The revised preliminary plat should be provided prior to submittal of a final plat application. (ECC 9-3-8[D] [4] [a] ) 8. Provide a revised prcli that no more than two (2) dwelling unit take a .cess fro"' p 60 t3 3ubmittal of a final r, la lication. If the City Council approv3s mer. two (2) -dwelling units -taking access from a single dri Tthe applicant shall provide a revised preliminary plat with plat note #6 revised to state, "The following lots are designated as common lots, which a) provide perpetual right of ingress/egress, b) the easement runs with the land, and c) shall be owned and maintained by the Bellemeade homeowners association. These lots also provide blanket public utility, irrigation and drainage easements." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-2-5[C]) 9. Provide a revised preliminary plat with plat note #12 revised to state, "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 RZ-04-18 or any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 8-2-4) 10. Provide a revised preliminary plat with plat note #13 revised to state, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-04-18 and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide documentation from the Ballentyne Ditch Company indicating the Ballentyne Ditch Company 31.4 -foot wide north drain easement has been relinquished and a Ballentyne Ditch Company 20 -foot wide north drain easement is shown adjacent to North Park Lane on the final plat prior to the City Clerk signing the final plat. 12. Provide documentation from Drainage District #2 indicating the Drainage District #2 50 -foot wide easement has been relinquished and a Drainage District #2 25 -foot wide easement is shown adjacent to West Flint Drive on the final plat prior to the City Clerk signing the final plat. 13. Provide correspondence from the Eagle Fire Department approving any gates proposed to block the emergency fire access located within Lot 40, Block 1. The correspondence shall be provided prior to installation of the gated entrance. 14. If the private streets are approved, the applicant shall provide correspondence from Eagle Fire Department approving the subdivision with private streets. The correspondence shall be provided prior to submittal of a final plat application. 15. 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. 16. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. Also The trees shall be located within the an 8 -foot wide landscape strip between the 5 -foot wide Page 21 of 31 K:1Planning l)cpt1L'agk Applicatikns1SUBS12OI81Bcllemcade Sub ccLdoc concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 17. All 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) 18. The applicant shall be required to abandon the existing septic system(s) and drainfield(s) located onsite. Upon removal the applicant shall provide documentation from the contractor constructing the subdivision indicating the septic system(s) and drainfield(s) were properly abandoned prior to the City Clerk signing the final plat. 19. Bellemeade Subdivision shall remain under the control of one Homeowners' Association. 20. The applicant eliminary plat showing the lot size, to be , t thall be provided ::ittal of a design review 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. 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. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 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 2. Page 22 of 31 K:11'lanning l)cpt\Eagl Application \SU1351201ii16clkmcadc Sub cct:duc 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, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, 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. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. 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. 13. 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. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: Page 23 of 31 K:111anning 1kpAliaglc Applications1SUBS120181Beticntcadc Sub ccLdoc a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. Page 24of31 K:U'Ianning I)cpt\Eagk Applications\SUBS12OI811icl1cmcakc Subccl'.doc 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. 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. 34. 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. Page 25 of 31 K:11'lanning Deptlliaglc Applications\SU13ti1211I1Allellemade Sub cct.doc 35. 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 Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (RZ-04-18) 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 zoning designation of MU -DA (Mixed Use with a development agreement) is consistent with the Mixed Use 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 MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the PS (Public/Semipublic) zone and land use to the north since the area is developed with a high school (Eagle High School); d. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone and land use to the south since that area has been developed with residential homes and two (2) commercial lots and West Flint Drive is located between the two (2) developments; e. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the A -R (Agricultural -Residential) zone and land use to the east since that area is a vacant parcel and may be developed with a density of up to four dwelling units/acre; f. The proposed MU -DA (Mixed Use with a development agreement in lieu of a PUD) zoning district is compatible with the MU -DA (Mixed Use with a development agreement in lieu of a PUD) zone and land use to the west since the property is developed with a residential subdivision and is buffered from the subject property by North Park Lane and a landscape buffer; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non -conforming uses are expected to be created with this rezone. 2. The Council reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, 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. What is the proposed time schedule for the development of the site? Provide details regarding phasing if proposed. The development is proposed to be constructed in two (2) phases with the first phase proposed to begin in the fall of 2018 with vertical construction to begin in the spring of 2019. If the market remains positive the development may be constructed in a single-phase with construction to begin in the spring of 2019. b. Provide documentation to show that you will have sufficient control over the land, and the financial means, to initiate the proposed development plan within one year after City Council approval. Page 26 of 31 K:II'Ianning Dept\Eagle Applications\SUHS120181licllcmeade Sub cctith c The property is owned by Madera Development, Inc., and the development will be initiated within a year following City Council approval. c. Explain why, in your opinion, this proposed PUD would be in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. The intent of the Bellemeade Subdivision is to provide a residential project with a unique product, which is a goal of the City of Eagle PUD ordinance; d. How will 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 will such use not change the essential character of the same area. The development will be harmonious and appropriate in appearance with existing development located within the area since the area to the south is currently developed with a mixed use subdivision with residential dwellings and two (2) commercial lots. The developed is bordered on the north by Eagle High School and to the west by North Park Lane. The applicant will be required to provide a landscape buffer to the south and to the west boundaries. The homes adjacent to the east, south, and west boundaries will be restricted to a single -story in height. e. Explain why this development will not be hazardous or disturbing to existing or future neighborhood uses. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental existing of future neighborhoods. f. Will this development 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? Explain. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by a network of public streets providing for neighborhood connectivity with an internal public road and private alley accesses. g. How will this development be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are either available to the site or will be as conditioned herein, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets, and other urban services will be provided at the developer's expense. The tax revenue generated from the homeowners within the subdivision will offset additional costs to public services that will serve this development. ACHD, Eagle Fire, Eagle Sewer District, and Republic Services have reviewed the proposed development and indicate that capacity exists to adequately serve this development. h. Explain why this development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. Page 27 of 31 K:U'lanning Ikpl\Eagk Applicaliuns1SUBS120181ficlkmcadc Sub cctdoc i. Discuss proposed infrastructure, parks, ponds, open areas, areas of special interest, floodplain and any other special features in the proposed development. The development plan was designed with consideration given to usable open space and providing a residential product that is unique to Eagle. The site contains a centralized common lot which will provide an area for the residents of the development to recreate. j. Are the vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares? If so explain. Access is to the development is provided via a public street (West Flint Drive) and an emergency access from the north. k. Explain why the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. There are existing mature trees located within the site that will be retained or mitigated for within the site. I. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development is in accordance with the Comprehensive Plan since the plan calls for Mixed Use for the overall development with a density for the overall development of 20 units per acre. The proposed development is 6.64 -dwelling units/acre. m. How will the proposed development be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant requested approval for a development agreement as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include town homes as proposed. n. Describe what deviations from standard district regulations are proposed, and explain how the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies the deviation from the standard district regulations. Town homes are the only use approved for this development. The proposed development is designed to be in conformance with Eagle City Code Section 8-6-1(C), Planned Unit Development Objectives stated therein. In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): o. Identify all public services that would 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. Fire The project is located within the Eagle Fire District and the District has reviewed and approved the plan. Police The project will be served by the Eagle Police Department. Page 28 of 31 K:11'lanning Dcpt1Eagk Applications\SUBS1201%lliclkmcadc Sub cadoc P• q. Water The project is located within the Suez Water Company's certificated water service area. Sewer The project is annexed into the Eagle Sewer District and will be designed and constructed to comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior private streets will be completed by the developer. Maintenance The maintenance of any private open space areas, private streets, and private driveways will be regulated by the Homeowner's Association. The public roads adjacent to the site will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Schools The residents of the subdivision are located in the West Ada School District boundaries, who serve the area. 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 public services must be approved at the time of installation and before acceptance by the respective agencies. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. Provide an estimate of the tax revenue that will be generated from the development. The estimated tax revenue generated from the development is approximately $285,890.00/year (without Homeowner's Exemption). r. Provide suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP -03- 18) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; Page 29 of 31 K:11'lanning 1)cptTEagk Applications\SUl1S12018111cltrmcadc Sub ccl.doc c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District and Ada County Highway District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. 4. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council 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 is fronted by West Flint Drive and there are no other streets providing access to the site. ACHD is prohibiting access to North Park Lane which is located adjacent to the western property line. The site is bordered on the north by Eagle High School. The adjacent lot located east of the development gains access from West Flint Drive; 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, with attached and detached sidewalks located on each side of street 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 West Flint Drive and the west by North Park Lane. It is bordered to the east by a residential lot that gains access from West Flint Drive and bordered on the north by Eagle High School; therefore, the adjacent properties gain access to public streets through other means; 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. Page 30 of 31 K:11'lanning Dept\liagk Applications\SUBS\201b\Krlkmeakr Sub ccIdoc DATED this 27th day of November, 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City clerk Page 3I of 3I KU'Isnning Depol agle Apphtauun.ls1ISS120►S1I II ncadr Suit eta da. 41 1 ••••01.,11,0 e0141 Cf BEGINNING W. Mph! Ln. 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