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Findings - CC - 2023 - A-09-22/RZ-12-22/PP-18-22 - Annexation, Rezone from RUT to R-6-DA and Preliminary Plat for Tierpointe Subdivision
BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT [RURAL-URBAN TRANSITION ) —ADA COUNTY DESIGNATIONS] ) TO R-6-DA [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT (IN LIEU ) OF A PUD)] AND PRELIMINARY PLAT ) FOR TIERPOINTE SUBDIVISION FOR ) DRY VENTURES ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-09-22/RZ-12-22/PP-18-22 The above-entitled annexation,rezone with a development agreement(in lieu of a PUD), and preliminary plat applications came before the Eagle City Council for their action on March 14, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle City Council,having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: DRY Ventures, represented by Dave Yorgason, is requesting an annexation, rezone from RUT (Rural-Urban Transition—Ada County designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Tierpointe Subdivision,a 72-lot (66-buildable, 6-common)residential subdivision. The 16.01-acre site is located on the north side of State Highway 44 approximately 0.6-mile west of the intersection of State Highway 44 and North Linder Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at North Star Charter School (gym) at 6:00 PM, on Tuesday, May 10, 2022, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on August 16, 2022. A revised preliminary plat was received by the City on November 17, 2022. A second revised preliminary plat was received by the City on December 13, 2022. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on September 26, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on January 20, 2023. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 20, 2023. The site was posted in accordance with the Eagle City Code on January 26,2023. Page 1 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub cctdoc 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 February 24, 2023. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 24, 2023. The site was posted in accordance with the Eagle City Code on March 1,2023. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on August 16, 2022 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential RUT(Residential—Ada Single-family residence County designation) and agriculture Proposed No Change R-6-DA(Residential with a Single-family residential Development Agreement[in subdivision lieu of a PUD) North of site Compact Residential R-5-DA-P(Residential with a Single-family residential development agreement- subdivision(Mosscreek PUD) Subdivision future phase) South of site Professional RUT(Residential—Ada Single-family dwelling and Office/Business Park County designation) vacant parcel East of site Compact Residential RUT(Residential—Ada Agriculture(Proposed County designation) Brookstone Subdivision) West of site Neighborhood Residential RUT(Residential—Ada Single-family residence County designation) and agriculture H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. SITE DATA: Total Acreage of Site— 16.01-acres Total Number of Lots—72 Residential—66 Commercial—0 Industrial—0 Common—6 Page 2 of 24 Kf Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc Total.Number of Units—66 Single-family—66 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 4.12-units per acre 4.12-units per acre maximum (as limited within the development agreement) • Minimum Lot Size 5,583-square feet 5,000-square feet(minimum) Minimum Lot Width 50-feet 50-feet(minimum) Minimum Street Frontage 29.96-feet 35-feet(minimum) Total Acreage of Common Area 4.05-acres 3.20-acres(minimum) Percent of Site as Common Area 25.3% 20%(minimum) Percent of Common Area Open 22.5%(.91-acres) 15%(minimum)(.61-acres) Space as Active Open Space J. GENERAL SITE DESIGN FEATURES: Open Space: A total of 4.05-acres (approximately 25.3%) of open space is proposed within the subdivision. Approximately .91-acres (22.5%) of the proposed open space is considered to be "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the six (6) common lots which are proposed to contain the buffer areas located adjacent to North Stonehart Avenue and State Highway 44, two (2) centralized common areas, and one (1) common area which will contain a sewer lift station and stormwater drainage area. The centralized common areas will contain pathways,a dog park, and two(2)pickleball courts. Landscape Screening: The eastern property line is located adjacent to North Stonehart Avenue which will be classified as a collector. The southern property line is located adjacent to State Highway 44 which is classified as a principal arterial. The applicant is proposing 35-foot-wide buffer common lots adjacent to North Stonehart Avenue and a minimum 75-foot-wide buffer common lot located adjacent to State Highway 44. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 3 of 24 K:\Planning Dept\Eagle Applications'SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub cctdoc Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on August 16, 2022, notes a 12-foot-wide public utilities, irrigation, and lot drainage easement located adjacent to the right-of-way and rear lot lines. The preliminary plat also notes a 6-foot-wide easement is located adjacent to any interior side lot line for public utilities, irrigation, and lot drainage. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System: The existing homes are served by individual septic systems. Pressurized Irrigation: The applicant provided a preliminary irrigation report for Brookstone and Tierpointe Subdivisions, date stamped by the City on November 16, 2022 (attached to the staff report). The applicant will be required to install pressurized irrigation. Preservation of Existing Natural Features: The site contains a few mature trees located at the southeast corner of the property. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: The public streets will be constructed based on the Street Section Details shown on page PP-4 of the preliminary engineering plans contained within the preliminary plat, date stamped by the City on August 16, 2022. Blocks Less Than 500': None. Cul-de-sac Design: One cul-de-sac is proposed: • West Sandy Creek Court: 305-feet in length, 55-foot radius. Sidewalks: The applicant is proposing 5-foot-wide detached sidewalks separated by an 8-foot-wide planter strip on both side of the public streets. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. The locations and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the Zoning Administrator prior to the submittal of a design review application. Page 4 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files Tierpointe Sub ccf.doc Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The landscape plan, date stamped by the City on August 16, 2022, shows 6-foot-wide pathways located within two (2) common lots (Lots 4 and 9, Block 2). The pathways provide pedestrian access through the common areas located between the internal streets. M. PUBLIC USES PROPOSED: None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by the City of Eagle Municipal Water System. The property will be served by Eagle Sewer District upon annexation and installation of the required infrastructure. The applicant will be required to install fiber-optic conduit within the joint trench for future connection. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—In close proximity to the southeast corner of the property. Riparian Vegetation—No Steep Slopes—No Stream/Creek—Yes—Middleton Mill Canal Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Atlas Geotechnical Investigation, date stamped by the City on August 16, 2022 (attached to the staff report). James Fronk Consulting, LLC, "Preliminary Wetland Evaluation—Tierpointe Subdivision," date stamped by the City on August 16, 2022 (attached to the staff report). Natural Features Analysis for Tierpointe Subdivision, date stamped by the City on August 16, 2022 (attached to the staff report). R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated November 18, 2022, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated November 29, 2022, are of special concern (attached to the staff report). Page 5 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc ACHD Communities in Motion 2050 Development Checklist Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Fish and Game Sawtooth Law Offices,PLLC S. LETTERS FROM THE PUBLIC(attached to the staff report): Correspondence received from Darcy Hart, with Urban Solutions, date stamped by the City on October 25,2023. Correspondence received from Darcy L. Hart,with Urban Solutions, date stamped by the City on January 17,2023. T. FISCAL IMPACT ANALYSIS: Developer Data Table, received by the City on August 16, 2022, along with the analysis table (attached to the staff report). U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision as a single-phase. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Compact Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. 6.5.1 PARK LANE USES G. The area located northwest of Linder Road and State Street intersection is designated as compact residential to provide for apartments, town homes and patio homes, and transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal circulation is essential to the development of this area; a frontage road (Escalante Drive) should be extended from Linder Road west to the intersection of Moon Valley Road and State Highway 44. Uses should focus on Escalante Drive(not State Street)with berming and wide setbacks to be used to buffer the residential uses from State Highway 44. Escalante Drive should not be allowed to have front on housing. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4 and R-5 zoning Page 6 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all zoning districts except the city council may permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a determination that the public health, safety, and welfare will not be negatively impacted. Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R 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. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement,are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks j Minimum Note Conditions A To E* Lot Area I Zoning Maximum (Acres Or Minimum District Maximum Front Rear Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-6 35' 20' 20' 7.5' 20' 60% 5,000 50' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the minimum lot width specified within the zoning district or 35-feet,whichever is less. • Eagle City Code Section 8-2A-7 (J)(4)(a and c): Landscape and Buffer Area Requirements: a. Any road designated as a collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred(100) linear feet of right of way: four(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (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. Page 7 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot(4')wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five feet along each side lot line, except that lesser easement widths, to coincide with respective setbacks,may be considered as part of a planned unit development. B. A five foot (5') wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council,except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the city council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. Page 8 of 24 K:\Planning Dept\liagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc D. DISCUSSION (based on the preliminary plat, date stamped by the City on December 13, 2022, and the Landscape Plan, date stamped by the City on August 16, 2022): • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09, payment of Storage and Trunk Line (STL) fee is to be provided at the time of preliminary and final plat applications. The amount of the STL fee is $2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential buildable lot. The applicant is required to pay $1,050/lot at the time of submittal a preliminary plat application The applicant has submitted a STL fee deferral request, date stamped by the City on August 16, 2022, to the City of Eagle Water Department. The request is to delay paying the required preliminary plat STL fee until submittal of a final plat application. Based on 66-lots, the preliminary plat STL fee to be paid for the subject subdivision is $69,300.00. The applicant should pay the required $69,300.00 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. • The Landscape Plan shows a 6-foot vinyl privacy fence located between a common lot (Lot 21, Block 3) and the north property line of Lot 20, Block 3 (as identified on the preliminary plat). Pursuant to Eagle City Code Section 9-3-10, any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. The applicant should be required to provide a revised fencing plan showing open style fencing located adjacent to the north property line of Lot 20, Block 3. The revised fencing plan should be submitted with the design review application. • The applicant is requesting a reduction of the required setbacks. The proposed setbacks shown on page PP-1 of the preliminary plat are as follows: Front 20-feet Rear 15-feet Interior Side 5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 60% The applicant is requesting a R-6-DA (Residential with a development agreement) zoning designation. Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-6 (Residential)zoning designations: Front 20-feet Rear 20-feet Interior Side 7.5-feet(first story) 5-feet (each additional story) Street Side 20-feet Maximum Lot Coverage 60% * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. PP-4 of the preliminary plat shows a typical street section for the interior streets with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the property. Also, the applicant is proposing a 21-foot wide public utilities, irrigation, and lot drainage easement adjacent to the public streets. Eagle City Code Section 8-2-4(G) requires all front load garages shall be setback 25-feet from back of sidewalk. To accommodate the garage setback from the property line the setback would need to be 36-feet from the property line to be in conformance with Eagle City Code Section 8-2-4. Based upon the location of the planter strip and the detached sidewalk, a side entry garage should be no less than 21-feet from the property line to Page 9 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub cctdoc accommodate the public utilities, irrigation,and lot drainage easement. It is staffs opinion that based on the location of the detached sidewalk and the width of the easement the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 21-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 15-feet Interior Side 5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 60% • PP-3 of the preliminary engineering plans show the locations of the proposed streetlights. The corner of North Cascade View Avenue and West Marble Street does not include a streetlight at the corner. North Chrome Way does not show a streetlight where the street intersects the future street located within Mosscreek Subdivision No. 2. Also, the engineering plan does not show streetlights located where the proposed pathways contained within Lots 4 and 9, Block 2, intersect West Marble Street or North Chrome Way. The applicant should be required to provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of North Cascade View Avenue and West Marble Street; 2) located in closer proximity to the intersection of North Chrome Way and the proposed street within Mosscreek Subdivision No. 2; and 3) at the pathway locations of where the pathways will intersect West Marble Street or North Chrome Way. The revised streetlight plan should be provided prior to submittal of a design review application. • Plat note#4 of the preliminary plat states, "With the exception of the existing house which will be moved and placed on Lot 16 Block 3. All other existing structures will be removed prior to development of the phase containing the structure." [sic] The preliminary plat shows two (2) existing houses and approximately six (6) accessory structures located in proximity to the southeast corner of the property. The applicant is proposing to construct the subdivision in a single phase. The applicant should be required to move one (1) of the existing homes to Lot 16, Block 1 (as shown on the preliminary plat, date stamped by the City on December 8, 2022) and remove the remaining existing house and accessory structures prior to the City Clerk signing the final plat. • The site contains an overhead power line which serves the existing homes located in proximity to the southeast corner of the property. Pursuant to Eagle City Code Section 9-4-1-8, utilities are required to be located underground. The applicant should be required to remove the overhead power located at the southeast corner of the property prior the City Clerk signing the final plat. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on February 6, 2023, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by one (1) individual who indicated they are currently developing the adjacent property located north of the proposed development. They have been working closely with the applicant regarding design of the roads and utility connections. Page 10 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by three(3)individuals who expressed the following concerns: • The city should not be allowing rezoning of property to increase density. • The number of new subdivisions be proposed within the immediate area is creating a negative impact on schools,traffic,and irrigation water. • The proposed development will add additional traffic to West Escalante Drive. West Escalante Drive was not designed for additional traffic. • There will be no signal located at the intersection of West Stonehart Drive and State Highway 44 to allow traffic to safely access State Highway 44. • The city needs to place a moratorium on future development due to the city not having the ability to fund for future residents. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • It is a policy of the City to provide vehicular interconnectivity to adjacent development. • As proposed,the development is in conformance with the comprehensive plan and Eagle City Code. COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-09-22 and RZ-12-22 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD with the conditions to be placed within a development agreement as provided within their findings of facts and conclusions of law document, dated February 21, 2023. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP-18-22 for a preliminary plat for Tierpointe Subdivision with the site specific conditions of approval and standard conditions of approval as provided within their findings of facts and conclusions of law document,dated February 21, 2023. PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record): https://eagle- id.granicus.com/player/clip/1700?view id=1&redirect=true&h=6a0170973tb75a67ccf9d9f6bf358dbe A. A public hearing on the application was held before the Eagle City Council on February 14, 2023, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual who indicated they are currently developing Mosscreek Subdivision located north of the proposed development. They have been communicating with the applicant for the past two(2)years, and this is a well thought out development. C. Oral testimony in opposition to the applications was presented to the City Council by five (5) individuals who indicated the following: • The proposed subdivision will create a significant traffic impact on Escalante Drive. • Traffic will utilize the streets within The Preserve Subdivision to shorten their drive. • The applicant should be required to construct a traffic signal at the intersection of North Stonehart Drive and State Highway 44. Page 11 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc • The residents of The Preserve Subdivision are not being included in the equation regarding the impacts to their subdivision. • The traffic study associated with the proposed development did not account for the adjacent developments. • The comprehensive plan approved in 2004 did not take into account the number of homes which would be constructed within the immediate area. • The Preserve Subdivision is a certified wildlife habitat; therefore, the traffic from the proposed development will impact the wildlife within The Preserve Subdivision. • The proposed density is too high for the area. Traffic from the proposed development will funnel through Legacy and The Preserve Subdivisions impacting the residents within the area. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 3 to 0 (Gindlesperger absent) to approve A-09-22 and RZ-12-22 for annexation and rezone from RUT (Rural-Urban Transition — Ada County Designation) to R-6-DA (Residential with a development agreement [in lieu of a PUD]) with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement: 3.1 The maximum density for the Property shall be 4.12 dwelling units per acre (66 single-family dwellings). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, private alleys, 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 the requirement cannot be modified and the homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance. Page 12 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc 3.5 The required setbacks shall be as follows: Front 21-feet(living and/or side entry garage) 36-feet(front-load garage) Rear 15-feet Interior Side 5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 60% 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating all the Property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application.A letter of approval shall be provided to the City from the Eagle Sewer District approving construction plans for each final plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall comply with the Idaho Power Company requirements regarding the separation distance between an electrical transformer and structure. 3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit E. If a building permit is denied,the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.9 Owner shall submit a design review application showing at a minimum: 1) proposed development signage,2)planting details within the proposed and required landscape island and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of a final plat application. 3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. Page 13 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Ticrpointe Sub ccf doc 3.11 Owner shall provide a"Heavy Truck Traffic Plan"to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. The "Heavy Truck Traffic Plan" shall be provided with the final plat application. 3.12 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 3 to 0(Gindlesperger absent)to approve PP-18-22 for a preliminary plat for Tierpointe Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-12-22. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project,prior to the City Clerk signing the fmal plat and/or upon receipt of an invoice by the City,whichever occurs first. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall pay the required $69,300.00 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. (Resolution No. 08-09) 5. Provide a revised fencing plan showing open style fencing located adjacent to the north property line of Lot 20, Block 3. The revised fencing plan shall be submitted with the design review application. (ECC 9-3-10) 6. Provide a revised streetlight plan showing streetlights at the following locations: 1) the corner of North Cascade View Avenue and West Marble Street; 2) located in closer proximity to the intersection of North Chrome Way and the proposed street within Mosscreek Subdivision No. 2; and 3)at the pathway locations of where the pathways will intersect West Marble Street or North Chrome Way. The revised streetlight plan shall be provided prior to submittal of a design review application. (ECC 9-4-1-5) 7. The applicant shall be required to move one (1) of the existing homes to Lot 16, Block 1 (as shown on the preliminary plat, date stamped by the City on December 8, 2022) and remove the remaining existing house and accessory structures prior to the City Clerk signing the fmal plat. 8. The applicant shall be required to remove the overhead power located at the southeast corner of the property prior the City Clerk signing the first final plat. (ECC 9-4-1-8) 9. The applicant shall be required to comply with the Trails and Pathways Superintendent's memo dated November 29, 2022, with the exception of Site Condition for Approval #1.6 prior to the City Clerk signing the final plat. 10. Provide documentation from the subdivision contractor indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. Page 14 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc 11. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located onsite. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the fmal plat. 12. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the fmal plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. (ECC 8-2A-7[E] and ECC 8-2A-18) 13. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9- 4-1-2) 14. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 9-3-10. 15. The Tierpointe Subdivision shall remain under the control of one Homeowners Association. (ECC 9- 3-8[D][4]) 16. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 17. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1]) 18. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Tierpointe Subdivision. The CEP Funding Plan shall be executed by the applicant and the City prior to the City Clerk signing the final plat. (ECC 8-6-7[B][4]) 19. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed,GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. Page 15 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. 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 fmal plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 16 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub cctdoc 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the streetlights shall be the responsibility of the applicant, subdivider,business owner, homeowner, The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted prior to the City Engineer signing the plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. Page 17 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, streetlights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to submittal of a fmal plat application. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks, Pathways, and Recreation Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff and the City Engineer and shall be shown on the fmal plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the fmal plat. 27. Basements in homes in the flood plain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. Page 18 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. Page 19 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tietpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-09-22/RZ-12-22) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of R-6-DA(Residential with a development agreement[in lieu of a PUD])zoning district is consistent with the Compact Residential 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 zones; c. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-5-DA-P (Residential with a development agreement-PUD) zone and land use to the north since that area is being developed with a residential subdivision of similar density; d. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT (Residential—Ada County designation) zone and land use to the south since State Highway 44 is located adjacent to the southern property line and the applicant is proposing a 75-foot wide buffer located adjacent to the state highway; e. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT (Residential—Ada County designation) zone and land use to the east since that area is proposed to be developed with a residential subdivision with similar density. Also, a residential collector is proposed between the two (2) properties. The two (2) proposed developments will each contain a 35-foot wide buffer located adjacent to the residential collector; f. The proposed R-6-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is with the RUT (Residential — Ada County designation) zone and land use to the west since that area may be developed in a similar manner; 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. That the proposed development agreement in lieu of a 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. Tierpointe Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to help offset the cost of supporting public services; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The development is designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The development is designed with a transition of lot sizing which will be harmonious with the adjacent developments and future Page 20 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc development; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Tierpointe Subdivision is designed in a manner which is harmonious with existing residential subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent subdivisions; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Tierpointe Subdivision will be served by North Chrome Way (local street) and West Stonehart Avenue(collector)connected to the adjacent subdivisions; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are 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. Ada County Highway District, Eagle Fire, and Eagle Sewer District, have reviewed the proposed development and indicate that capacity exists to adequately serve this development; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle (water), and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 25.3% of open space. A total of 22.5% of the common area is considered to be active open space. The common lots will include a dog park, two(2)pickle ball courts, and pathways; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub street to the adjacent undeveloped parcels to the west which will provide intra-neighborhood connectivity. Access to the development will be provided from North Chrome Way and North Stonehart Avenue. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The applicant will be required to mitigate for removal of any trees located in proximity to the existing dwelling; and Page 21 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub cctdoc j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the comprehensive plan since the plan calls for Compact Residential and the proposed density is at the low threshold of the density allowed; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. The applicant has requested approval of a development agreement in lieu of a PUD and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The portion of the development will contain a minimum of 25.3% of passive and active open space. The open space area will contain a two (2) pickle ball courts, pathways, and a dog park. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Page 22 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccf.doc Maintenance The maintenance of any private open space areas and private alleys will be regulated by the Tierpointe Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Tierpointe Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$18,653/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development; therefore, the public service providers avoid potential liability and expenses. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-18- 22) 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; b. The subdivision will be served adequately by essential public facilities such as streets, 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; 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 ACHD, Eagle Fire District, and Eagle Sewer 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. Page 23 of 24 K:\Planning Dept\Eagle Applications\SUBS\2022\Tierpointe Sub A RZ PP\Working Files\Tierpointe Sub ccfdoc DATED this 1Ph day of April, 2023. CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho Jas n fierce,Mayor 4A TEST: a0/016-----_,.`s,?,q;".:,,,,,* **„ racy E. o ' , Eagle City Clink,.o_1 0 E ••• I. Q= O l 3-: Ir • �, . J• Q.: :v Gj �• Q • *•••...• •,fit{,,,,:� ST P �.• '............... 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