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Minutes - 2023 - Planning & Zoning - 04/17/2023 - RegularTHE CITY OF EAGLE PLANNING AND ZONING COMMISSION April 17, 2023 Minutes 1. CALL TO ORDER: Meeting called to order at 6:02 p.m. 2. ROLL CALL: Present: WRIGHT, GUERBER, MCLAUGHLIN, SMITH, MCCAULEY. A quorum is present. 3. CONSENT AGENDA: ALL CONSENT AGENDA ITEMS ARE CONSIDERED ACTION ITEMS. ♦ Consent Agenda items are considered to be routine and are acted on with one motion. There will be no separate discussion on these items unless the Chairman, a Commissioner, member of City Staff, or a citizen requests an item to be removed from the Consent Agenda for discussion. Items removed from the Consent Agenda will be placed on the Regular Agenda in a sequence determined by the Rules of Order. ♦ Any item on the Consent Agenda that contains written recommendations from the City of Eagle shall be adopted as part of the Planning & Zoning Commission's Consent Agenda approval motion unless specifically stated otherwise. A. Findings of Fact and Conclusions of Law for the Approval of CU-01-21/PPUD-01-21/PP- 02-21— Torrente Secco Subdivision — Thomas Coleman: Thomas Coleman, represented by Becky McKay with Engineering Solutions, LLP, is requesting a conditional use permit, preliminary development plan, and preliminary plat approvals for Torrente Secco Subdivision, a 659-lot (613- residential [391-single family, 222-duplex], 6-commercial, 39-common, and 1-elementary school site) mixed use planned unit development. The 276.75-acre site is located at the southeast corner of West Beacon Light Road and North Palmer Lane between West Beacon Light Road and West Floating Feather Road at 6397 West Beacon Light Road and 6868 West Floating Feather Road. (MJW) B. Minutes of February 6, 2023. (MJR) C. Minutes of April 3, 2023. (MJR) McLaughlin moves to approve the consent agenda as presented. Seconded by Guerber. ALL AYES... MOTION CARRIES. 4. UNFINISHED BUSINESS: NONE. 5. PUBLIC HEARINGS: ALL PUBLIC HEARING ITEMS ARE CONSIDERED ACTIONITEMS. A. A-12-22/RZ-14-22/PP-21-22 — Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision — Challenger Development, Inc: Challenger Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Cascade Springs Subdivision, a 470-lot (400-buildable, 70-common) residential subdivision. The 138.99-acre site is located on the west side of North Palmer Lane approximately 80-feet south of the intersection of West Nordic Drive and North Palmer Lane at 755 and 833 North Palmer Lane. (DLM) Becky McKay, 1029 North Rosario Drive, the applicant's representative. McKay provides an overview of the application and responds to questions from the Commission. City Planner, Daniel Miller, provides an overview of the application an responds to questions from the Commission. City Planner, Michael Williams, responds to questions from the Commission. Page 1 of 4 \\Eag1efs2\Common\P&Z\MINUTES\Temporary Minutes WorkArea\PZ-04-17-23min.doc City Attorney, Victor Villegas, responds to questions from the Commission. Chairman Wright opens the public hearing. Kelly Braxva, 1338 North Serryavo Ave. Braxva supports/opposes the application, and expresses concerns related to subdivision design and layout. Michelle Morris, 7387 West Corinthia Way. Morris opposes the application, and expresses concerns related to access, native avian population, berm and fence design, lot alignments bordering the subdivision, safety surrounding the ditch and waterways. Dawn Henderson, 6404 West Beacon Light Road. Henderson opposes the application, and expresses concerns related to reducing lot size to accommodate certain development designs, and maintaining the rural character of Eagle. John and Camille Aiken, 7811 West Corinthia Street. Aiken opposes the application, and expresses concerns related to matching the design character and sense of place with surrounding subdivision. The Aiken's wish for the City to adhere to the conditions laid out within ACHD's staff report. John and Camille Aiken respond to questions from the Commission. Becky McKay, the applicant's representative, addresses concerns raised during the public hearing and provides rebuttal. Chairman Wright closes the public hearing. Discussion amongst the Commission. Mclaughlin moves to recommend approval of A-12-22/RZ-14-22/PP-21-22 — Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision — Challenger Development, Inc with the site specific conditions of approval and standard conditions of approval as provided by staff. Seconded by Smith. ALL AYES... MOTION CARRIES. Meeting called into recess at 8:30pm. Meeting called back into order at 8:40pm. B. RZ-04-17 MOD2 & PP/FP-01-22 — Development Agreement Modification and Combined Preliminary and Final Plat for Bronco Acres Subdivision — Mustang Crossing Eagle, LLC: Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting a development agreement modification and combined preliminary/final plat approvals for Bronco Acres Subdivision (a re -subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates Subdivision), an 8-lot (7-commercial, 1-residential/flex space) mixed use subdivision. The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. (MJW) Ryan Nicholson and Steve Koetter, LRG Investors, the applicants. Nicholson and Koetter introduce the application. Stephanie Hopkins, 5725 North Discovery Way, Boise ID. Hopkins provides an overview of the application and responds to questions from the Commission. City Planner, Mike Williams, provides an overview of the application and responds to questions from the Commission. Chairman Wright opens the public hearing. Stephanie Hopkins, the applicant's representative, addresses concerned raised during the public hearing, provides rebuttal, and responds to questions from the Commission. Chairman Wright closes the public hearing. Page 2 of 4 \\Eaglefs2\Common\P&Z\MINUTES\Temporary Minutes WorkArea\PZ-04-17-23min.doc Discussion amongst the Commission. McCauley moves to recommend approval RZ-04-17 MOD2 & PP/FP-01-22 — Development Agreement Modification and Combined Preliminary and Final Plat for Bronco Acres Subdivision — Mustang Crossing Eagle, LLC with the staff recommended site specific conditions of approval and standard conditions of approval with the following modifications to the site specific conditions: • Site specific condition #3.6.1: include verbiage "in conformance with code requirements including mason wall, landscape or berm. • Site specific conditions #3.8: the word Tudor style is removed, • Remove the duplicated #5 in the plat notes and • Site Specific Condition A: fix the letter of the building as recommended by staff. Seconded by Guerber. Planner Williams provides some additional verbiage for the motion. McCauley moves to change motion to include verbiage provided by staff. Second concurs. ALL AYES... MOTION CARRIES. C. RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22 — Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Gora Estates Subdivision — Roth Ryczkowski, LLC: Roth Ryczkowski, LLC, represented by Ryan Wallace, is requesting a rezone from A-R (Agricultural -Residential) to R-1-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Gora Estates Subdivision (re -subdivision of Lot 2, Block 1, Sulik Subdivision), a 6-lot (4-buildable, 2- common) residential planned unit development. The applicant is also requesting waivers of the required open space, sidewalk, and curbs and gutters. The 4.7-acre site is located on the north side of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley Road and West Beacon Light Road at 6390 West Beacon Light Road. (MJW) Ryan Wallace, 2986 East State Street, Suite 120, the applicant's representative. Wallace provides an overview of the application and responds to questions from the Commission. City Planner, Mike Williams, provides an overview of the application and responds to questions from the Commission. Chairman Wright opens the public hearing. Dawn Henderson, 6404 West Beacon Light Road. Henderson opposes the application, and expresses concerns related to squeezing too many lots into an already twice divided subdivision, and losing the rural character of the area, and water availability. Jan Combe, 6440 West Beacon Light Raod. Combe opposes the application, and expresses concerns related to water availability. Daniel Inks, 6344 West Beacon Light Road, the adjacent neighbor to the north. Inks opposes the application, and expresses concerns related to water availability, and access constraints with the proposed private road. Inks responds to questions from the Commission. Ryan Wallace, addresses concerned raised during the public hearing and provides rebuttal. Chairman Wright closes the public hearing. Discussion amongst the Commission. Page 3 of 4 \\Eaglefs2\Common\P&Z\MINUTES\Temporary Minutes Work Area\PZ-04-17-23min.doc McLaughlin moves to remand RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22 — Rezone, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Gora Estates Subdivision — Roth Ryczkowski, LLC back to staff and the applicant to rework the application: resolve the water issues, resolve the easement issues to the east of the property, and reduce the number of waivers being requested. Seconded by Guerber. Point of clarification from Planner Williams. Discussion amongst the Commission. McLaughlin moves to amend motion to include easements on the east and west ends of the development. Discussion amongst the Commission. Second concurs. FOUR AYES, ONE NAY (McCauley)... ALL AYES MOTION CARRIES. 6. NEW BUSINESS: None 7. REPORTS: A. Commission: Chairman Wright will be absent from the next meeting. B. City Attorney: City Attorney C. Staff: Planner Rumsey provides a comment and update regarding iLegislate. ADJOURNMENT: Guerber moves to adjourn. Seconded by Wright. ALL AYES... MOTION CARRIES. Hearing no further business, the Commission meeting adjourned at 11:19 p.m. RESPECTFULLY SUBMITTED: MATTHEW J. RUMS , CLERK OF THE MET G I TRENT WRIGHT, CHAIRMAN AN AUDIO RECORDING OF THIS MEETING IS AVAILABLE FOR DOWNLOAD AT W W W.CITYOFEAGLE.ORG. Page 4 of 4 \\Eaglefs2\Common\P8Z\MINUTES\Temporary Minutes Work Area\PZ-04-17-23min.doc CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET RZ-11-22/CU-13-22/PPUD-07-22/PP-17-22 — Rezone, Conditional Use Permit Preliminary Development Plan and Preliminary Plat for Gora Estates Subdivision — Roth Ryczkowski, LLC: Roth Ryczkowski, LLC, represented by Ryan Wallace, is requesting a rezone from A-R (Agricultural -Residential) to R-1-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Gora Estates Subdivision (re -subdivision of Lot 2, Block 1, Sulik Subdivision), a 6-lot (4-buildable, 2-common) residential planned unit development. The applicant is also requesting waivers of the required open space, sidewalk, and curbs and gutters. The 4.7-acre site is located on the north side of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley Road and West Beacon Light Road at 6390 West Beacon Light Road. (MJW) April 17, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON 4 �! ;�I �/� '� i �1 � i(%.;'� C� V I� I V J� J � 1 � ZV `� y tom✓ �� � i� I i CITY OF EAGLE - PLANNING & ZONING COMMISSION PUBLIC HEARING SIGN -IN SHEET A-12-22/RZ-14-22/PP-21-22 — Annexation, Rezone, and Preliminary Plat for Cascade Springs Subdivision — Challen2er Development, Inc: Challenger Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Cascade Springs Subdivision, a 470-lot (400-buildable, 70-common) residential subdivision. The 138.99-acre site is located on the west side of North Palmer Lane approximately 80-feet south of the intersection of West Nordic Drive and North Palmer Lane at 755 and 833 North Palmer Lane. (DLM) April 17, 2023 NAME (PLEASE PRINT) ADDRESS TESTIFY? (Y/N) PRO/CON t A &Aj 3� S: �t v Te v'� y '" E ev a { tL\b [,-: -1 U-FS I LL" C"",.,, �:J v -T--( _V_ Ll O%��il� r t �� ►� ��(1 ��oc ��'l�� v 4-1 kw L- _K_ K . CASCADE SPRINGS SUBDIVISION A-12-22/RZ-14-22 & PP-21-22 City of Eagle Planning & Zoning Commission Public Hearing April 17, 2023 City Staff: Daniel Miller, Planner III Phone: 939-0227 E-Mail: Project Summary: The applicant, Challenger Development, Inc., represented by Becky McKay with Engineering Solutions, LLP, is requesting: • Annexation; • Rezone from RUT (Rural -Urban Transition) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]); and • Preliminary Plat approval for Cascade Springs Subdivision. z Vicinity Map: SITE SH-44 CID t Existing Site: �-�--�`' Mai c*�M. IN Beacon Light Rd 5, W Floating Feather Rd -A tf Q. Al .7 S, 01 CL jr 10 1 7 A A PROPOSED CASCADE -P SPRINGS SUBDIVISION k Z Total Acreage: 138.99-acres Total Number of Lots: 470 Residential — 400 Common — 70 Total Number of Out -Parcels —0 4 5/24/2023 Site Plan: RUT Site Plan: I- _-;- I S117.3�40i '1256,-n tamunEO RUT ,�...a9o®000 o® 000®000 a': e _ ����o000000 P �0000000 0 : � o o . i aoo®000000001�00� ooio®d v oo C � �a®000 o��r� �o v ', o o®q o oao 000 � o� oho `°I �io 0 0 0 0, o O�, Olood �� o � � a0 �0�0 �O000 00 �''� ��� k - 270 MU LOTS of ro IM-1 googol ago aa0000000000lA�a o o� o E ll � w► �a®000 �o���� GM 5/24/2023 Site Plan: oa�ao a .w- ®ova a ■oo®oao a : e o �000000�i o oi�0000000 P �a000000 a� a a-� a a.o=aaa �oaoo aoo®ooaaoaool�oo� �0000®1 �,y o oC o E. MIN ) - - ®0INEW o a vo Site Plan: ii LOTS �• ��0011fi,0100i o O0000i�ooP�o^l0000®0000� �'#' a �000000�) o o „i�i000000� oP �0000000 a' o o� a a.oaaa o �oaao a BOB �0000®d - o 0o C 0 o voo 00o a 4 5/24/2023 9 LOTS 70 COMMON LOTS gill 0000i o-a000000aoP o^0000a®0000 loop �o� o �000 0 000®000 o e I0000 o o��o „i000000 P_�0000000 0 of m,vumo RUT 10 o� o o� o 00 0 v � o No 00o a � vo 0000000 �®.a000l 5 5/24/2023 Concept Plan: d� • �' d � pg. o� qom' • lo'd-o aaaaaa�+_sao� Concept Plan: --.__.-----------.--------------------------------;- I , I , I , 1 , I .. Y.r+i r iTfJ 1 " _ ,o � i w. . I •� ---------------- D .. o`o .., 4W NNW 4. I— — — — — — — — — — — — — — 12 12 6 5/24/2023 13 ;amnlp Arrhitprtl iml Flpvatinnc V \A I I I �! I V I � I V I I I \. �r V V M I VI I V I vw � M \. I V I I✓ i Ct 14 fN�I ?6uf'i'a mmuz VA 5/24/2023 Sample Architectural Elevations 15 ';amnlP ArrhitPr-himl FIP\iatinnc 16 51 5/24/2023 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.88-dwelling units per acre 2.88-dwelling units per acre (as limited within the development agreement) MU: 7,419 square feet MU: 5,000 square feet Minimum Lot Size R6: 2,586 square feet R6: 1,600 square feet MU: 65-feet MU: 50-feet Minimum Lot Width R6: 26-feet R6: 20-feet MU: 40-feet MU: 35-feet Minimum Street Frontage R6: 20-feet R6: 20-feet Total Acreage of Common Area 37.69-acres 27.80 acres (minimum) Within the Subdivision Percent of Site as Common Area Within the Subdivision 27.1% 20% (minimum) Percent of Common Area as Active Open Space 90.3% 15% (minimum) 17 0 • ' — - 9 i • ' • 9- •0 • , . Go COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION North: Mixed Use RUT (Rural -Urban Transition —Ada Existing South: Professional Office / Business County designation) Single Family Residence with Agricultural Use Park North: Mixed Use R-6-DA (Residential with a development Proposed South: Professional Office / Business agreement) & MU-DA (Mixed Use with a Single -Family Residential Subdivision (Cascade Springs) Park Development Agreement) North of site Neighborhood R-2-DA-P (Residential with a development Single -Family Residential Subdivisions agreement) (Snoqualmie River Subdivisions Nos. 1, 2, and 3) R-5-DA (Residential with a development Future Single -Family Residential Subdivisions (Talega South of site Professional Office / Business Park agreement) and RUT (Rural -Urban Village Subdivision —City of Star and Fountain Park Transition —Ada County designation) Subdivision — City of Star) R-2-DA-P (Residential with a development Single -Family Residential Subdivisions East of site Neighborhood agreement) and RUT (Rural -Urban (Snoqualmie Falls Subdivision No. 14) Transition — Ada County designation) Estate Rural Residential (City of Star RUT (Rural -Urban Transition —Ada County Single -Family Residential Homes, a Future Residential West of site [Across SH-16]) designation) and R-3PUD-DA (Residential Subdivision osti Farms Subdivision No. 7 —City of Star, (R — City of Star Designation) and State Highway 16 18 18 E Comprehensive Plan Designations Mixed Use Designation: • 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. Eagle is HOME Comprehensive Plan — Chapter 6 — Land Uses Comprehensive Plan Designations Eagle is HOME Comprehensive Plan — Chapter 6 — Land Uses iq = Professional Office / BP: Suitable primarily for the development of technical park/research and development facilities, professional office/office complexes, and limited manufacturing goods. • Support activities may be permitted. • Retail may be permitted as ancillary. 20 5/24/2023 21 22 11 Comprehensive Plan Designations .t.+.t.+.+. Scenic Corridor: An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping, detached meandering pathways and appropriate signage controls. Eagle is HOME Comprehensive Plan — Chapter 6 — Land Uses Comprehensive Plan Designations Floating Feather PA: 23 • Designated as a residential area with limited ancillary non-residential uses be incorporated by the PUD standards. • Should contain trails, open space, and parks in conjunction with varied housing options. • Neighborhood Residential with overall density of up to 1-2 units per acre. • Development should be setback from irrigation/drainage canals. These areas should be incorporated into trails and open spaces. 24 Comprehensive Plan Designations = Floating Feather PA: • Transitional lot sizes and clustering should be used when new development abuts existing subdivisions, businesses, and office uses. • The integration of varying lot sizes, housing types, and use should be seamless with the continuity of street design, open space, and trails. • Lot configuration and housing styles should be mixed throughout the area to provide a variety of housing options within a single neighborhood. 25 Comprehensive Plan Designations ® Moon Valley PA: • Designated for regional commercial and employment uses that desire high visibility and traffic counts such as technical/business parks. • Intent is to provide regional scale uses. • Should be designed to capitalize on the existing drainage/irrigation canals in the area as amenities by providing trails and open space through the non-residential area. 26 Comprehensive Plan Designations = Moon Valley PA: In addition to vehicular circulation, Moon Valley Road should be designed to allow for safe and efficient pedestrian and bicycle access. • Drive thru and strip commercial uses should be discouraged. 27 Zoning Compatibility: Eagle is HOME Comprehensive Plan — Figure 6.8 Zoning Compatibility Matrix 23 Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot 29 30 Sidewalk at Palmer: CONDITION OF DEVELOPMENT#3.7 The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and Recreation Commission Pathway Recommendations memo, dated February 16, 2023, except that the 12-foot (12') wide natural surface trail located within the future ITD right of way area shall be removed and the inclusion of a 10-foot (10') wide concrete sidewalk within the 75-foot (75') wide buffer area located along the western edge of the property shall be included. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat. Sidewalk at Palmer: FUTURE ITD RIGHT OF WAY DEDICATION (100') IE Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot M Traffic Mitigation Agreement: CONDITION OF DEVELOPMENT#3.9 The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant shall be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to the issuance of any building permits, whichever occurs first. 34 Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot 35 Deferred STL Request: SITE SPECIFIC CONDITION OF APPROVAL #4 4. The applicant shall pay the required $258,828.00 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) 36 Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot Setbacks: SITE SPECIFIC CONDITION OF APPROVAL #7 MU-DA (Detached Single -Family Dwellings): • Front Setback: 20-feet • Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) • Rear Setback: 20-feet • Side Setback: 7.5-feet (additional 5-feet per story) • Street Side Setback: 20-feet MU-DA (Detached Single -Family Dwellings): For Lots 3-11 and 13-17, Block 1; Lots 2-5 and 7-10, Block 2, and Lots 14-16, Block 4 • Front Setback: 20-feet • Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) • Rear Setback: ] 5-feet • Side Setback: 7.5-feet (additional 5-feet per story) • Street Side Setback: 20-feet R-6-DA (Attached Townhome Dwellings): • Front Setback: 20-feet • Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) • Rear Setback: 20-feet • Side Setback: 5-feet between buildings; 0-feet where townhomes are attached • Street Side Setback: 20-feet Im 38 Issues of Special Concern: • Sidewalk at Palmer • Traffic Mitigation Agreement • Deferred STL Fee Request • Setbacks • Trailhead Parking Lot 40 Trailhead Parking Lot: SITE SPECIFIC CONDITIONS OF APPROVAL #9, 10, & 11 9. The applicant shall submit a revised preliminary plat that revises the gravel parking lot and drive aisle for the trailhead parking lot within Lot 18, Block 4, that denotes the finish surface to be asphaltic concrete prior to the submittal of the final plat. 10. The applicant shall submit a revised preliminary plat that revises the drive aisle for the trailhead parking lot within Lot 18, Block 4, to be 20-foot-wide from where it intersects with North Palmer Lane to five -feet (5') to the west of the western most parking stall prior to the submittal of the final plat. 11. The applicant shall work with the Middleton Mill Ditch Company to implement an approved traffic control device five feet (5') to the west of the western most parking stall to restrict unauthorized vehicular traffic from accessing the trail beyond the provided parking area. The applicant shall include a traffic control device at the time of the design review application submittal. Trailhead Parking Lot: E=P Area to be paved with Asphaltic Concrete (AC) Drive Aisle to be 20'W Min. Location of approved traffic control device 41 42 Staff Recommendation: Based on the information provided to staff to date, if the requested annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to MU-DA (Mixed Use with a development agreement [in lieu or a PUD]) and R-6-DA (Residential with a development agreement [in lieu of a PUD]) is recommended for approval, staff recommends the Conditions of Development on page 4 of the Staff Report be placed within a development agreement. If the preliminary plat is recommended for approval, staff recommends the site specific Conditions of Approval found on page 7 of the Staff Report and the Standard Conditions of Approval on page 32 of the Staff Report. End of Presentation 43 44 Planning & Zoning Recommendation: On February 21, 2023, the Eagle Planning and Zoning Commission voted 3 to 0, (McLaughlin and Guerber absent) to recommend approva of this application with the conditions of development provided on page 21 along with site specific conditions of approval and standard conditions of approval provided on pages 23 and 25, respectively, of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. Conditions of Development: 3.1 The maximum gross density for the Property shall be Q-41- dwelling units per acre (7 single-family lots). 3.2 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. 3.3 Applicant 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. 46 Conditions of Development: 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) A maintenance manual for the private street requiring the association(s) shall have the duty to maintain and operate the private street and sidewalk including the repair and replacement of asphalt and concrete, including provisions for snow removal of the road, and the planting and maintenance of the landscaped planter island within the cul-de-sac, in perpetuity. (b) A maintenance manual for the borrow ditch requiring that the association shall have the duty to maintain the borrow ditch, including the maintenance and replacement of landscape material or groundcover material, removal of refuse, and any other maintenance required to ensure that the borrow ditch functions as designed for the purpose of capturing stormwater, in perpetuity. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 47 Conditions of Development: 3.5 The owner shall provide documentation that the existing well and septic system that serve the existing residence have been abandoned and that the subject property, including the existing house, are connected to central water and sewer services prior to the City Clerk signing the final plat. 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 The owner shall abandon the existing septic system and annex into the Eagle Sewer district and connect the subject property to sanitary sewer service prior to the City Clerk signing the final plat. 3.8 The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with the Reining Horse Subdivision Covenants, Conditions, and Restrictions prior to the City Clerk signing the first final plat. 48 Conditions of Development: 3.09 To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install two (2) one inch and a quarter (1 %") fiber-optic conduit lines along both sides of all public streets. 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. 3.10 The applicant shall provide a letter stating that the existing stables and accessory structure (shop) located on the proposed lot 2, Block 1 have been removed from the site prior to the City Clerk signing the final plat. 3.11 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. .39 Site Specific Conditions of Approval: 1. Comply with all conditions within the development agreement for rezone application RZ-01-22. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C] [31 [I]) 4. if City Council rietprmines that the proposed subdivision does not meet the inteRt of the Eagle City Code seGtiGn 8 3 3 (G) FegaFdin tr""it'^^a"^t gizing then «The applicant shall submit a revised preliminary plat that provides transitional lot sizing, as diFemot^^'d by the EeaReil by reducing the total number of buildable lots from seven (7) to a maximum of six (6) f9F City Gouneil appFaval prior to the submittal of a design review application. (ECC 8-3 [GI) 5. The applicant shall submit a revised preliminary plat showing a five-foot (5') wide sidewalk with an eight -foot (8') parkway planter strip where sidewalk is proposed along one side of the private street prior to the submittal of a final plat application. (ECC 9-4-1-7) 6. The applicant shall submit a revised preliminary plat showing a ten -foot (10') wide pedestrian access easement over each lot where the proposed sidewalk is located prior to the submittal of a final plat application. 7. The applicant shall submit a revised preliminary plat showing a ten -foot (10') radius landscape island within the proposed cul-de-sac prior to the submittal of a final plat application. (ECC 9-3-2-1 (GI) 8. The applicant shall submit a revised preliminary plat identifying the approved name of the proposed private street prior to the submittal of a final plat application. (ECC 9-3-2-4) Q­ If the Coune 1 dees not appreve the pFivate 5treet as pFelaosed, the applicaRt shall submit a revised pFeliminary plat that eithpr includes I . ate street that is a minimum ef thiFty feuF feet (34') in wi4th 9F that has veFtiG@l rurbing prWeF to the Submittal of a final plat applirai.ieR. 50 Site Specific Conditions of Approval: 12. The applicant shall submit a Design Review and Alternative Method of Compliance applications for the required landscape/screening buffers adjacent to West Floating Feather Road, the parkway planter strip landscape improvements, and the pump house. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the City Clerk signing the final plat issuance of building permits for the project. 13. 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 (8') wide landscape strip between the 5-foot wide 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. 51 Site Specific Conditions of Approval: 14. All living trees shall be preserved unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. 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) 16. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). 17. The Reining Horse Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][41) 18. 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. 19. 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]) 52 Site Specific Conditions of Approval: 20. If a pump house is required to service the subdivision, the applicant shall locate the pump station on a common lot or within 12 feet wide (12L-W4 easement at the time of final plat submittal. If an irrigation storage pond is required to service the subdivision, the applicant shall locate the irrigation storage pond on a common lot or within a 15-foot-wide (15'W) easement at the time of final plat submittal. The pump station, irrigation storage pond, and the associated easements, shall be developed and constructed pursuant to Eagle City Code Section 9-2-3(C)(3)(n) and the City's Pressurized Irrigation Standards. 21. The applicant shall submit the proposed construction drawings of the pressurized irrigation system for the Reining Horse Subdivision to the entity with jurisdiction over Lateral 75, for their opportunity to review and comment. A notarized affidavit stating that the submitted construction drawings, including any reports, plans or drawings needed to demonstrate that the applicant has designed a comprehensive pressurized irrigation system that provides irrigation water to the Reining Horse Subdivision in such a way that it is not detrimental to the schedule, availability or infrastructure of other irrigation users on the lateral has been submitted to the entity with jurisdiction over Lateral 75 shall be submitted at the time of the submittal of a final plat application to the City. 22. The applicant shall submit a revised preliminary plat that contains a 12-foot (12') wide access easement from the private street that serves the Reining Horse Subdivision to the residential property located to the northwest of the subject property at 3100 W Floating Feather Road in perpetuity, for the purpose of allowing the ingress and egress of farm equipment. The applicant shall submit a revised preliminary plat that includes the access easement at the time of the submittal of a final plat application. The easement shall be transferred to the final plat at the time of final plat application. 53 Pressurized Irrigation Infrastructure: Site Specific Condition of Approval #21: 21.The applicant shall submit the proposed construction drawings of the pressurized irrigation system for the Reining Horse Subdivision to the erg+;+„ with i„r;s,di,.+;Am seven (7) additional shareholders of Lateral 75, or their assigns, for their opportunity to review and comment. The applicant shall submit a notarized affidavit stating that the ;applicant has submitted the construction drawings, including any reports, plans or drawings needed to demonstrate that the applicant has designed a comprehensive pressurized irrigation system that provides irrigation water to the Reining Horse Subdivision *R sbigh a wa net d etri m e nta I-te the sfr;;4 r- wt-rr;�t#e I lse Fs on the later-,1 h-+c heen to the nR+;+y with i isdir+;r.n A r to the seven (7) additional shareholders of Lateral 75 shall be submitted at the time of the submittal of a final plat application to the City. 54 5/24/2023 1. i I A • LO.Bfr — 4 om z -77 IaRC)NC0 _ . .. ACRES .. u CMDTtMLMACTTOCIIANGE t 1 F4 1 5/24/2023 • • • i••ZT 3 f' ACRPs mvarnxi.vmucrtonwrcr 4 2 Proposed Concept Plan Landscape Plan 5/24/2023 5/24/2023 e FRONT PERSPECTIVE SIDE PERSPECTIVE Its] 5 5/24/2023 f i lie . w : �, s= Original T �-•- �•- r -fi — r. r i ,�w --e��` ryryllffilll '�L�' E.:;:3? �.:�•v9 s,; ::� ,_-_ g _ Proposed 11 12 0 5/24/2023 13 14 5/24/2023 15 16 5/24/2023 T �i rf rvi t�liJ1��%` n8� EiK4t `+ 1 ' f- �� f• r, ,_'- f- i f ; 'ram '..� , , -�- it .:, •.r � ,d _-d h � : l � I FRCSNCO ACRES COWUTU SUB/CCT TO C, IXE 17 w i;, BRONCO ACRES SUBDIVISION RZ-04-17 MOD2/PP/FP-01-22 Eagle Planning and Zoning Commission Public Hearing April 17, 2023 City Staff: Michael Williams, CFM, Planner III Phone: 9 -( E-Mail: Applicant Information Applicant: Mustang Crossing Eagle, LLC Address: 1388 Sutter Street San Francisco, CA 94109 Represented by: Stephanie Hopkins with KM Engineering, LLP Phone: 208-639-6939 E-mail: shopkins@kmengllp.com L.-A Project Summary Mustang Crossing Eagle, LLC, represented by Stephanie Hopkins with KM Engineering, LLP, is requesting: • A development agreement modification and combined; preliminary/final plat approvals for Bronco Acres Subdivision (a re - subdivision of a portion of Lots 1 and 9, and all of Lot 4, Block 2, Flint Estates Subdivision), an 8-lot (7-commercial, 1-residential/flex space) mixed use subdivision. • The 9.84-acre site is located at the northeast corner of North Park Lane and State Highway 44. Vicinit Map 5/24/2023 -- rJ� 51 � � • . 4 •-Y'#915�3ssaaa.aa aaaaaC" r ri li^ I'�1/ �`�bYAG� ��\� L�� �lyg.r4W�LSi`a/� U♦c9 � r— �� a. BRONCO ACRES A PRELIMINARY PLAT SHOWING BRONCO ACRES SUBDNISION A PARCEL OF LAND SITUATED IN A PORTION Of LOT51 AND 9 AND ALL OF LOT A, BLOCK 2 OF THE AMENDED PLAT OF FONT ESTATES (BOOK 45 OF P1AT5, PAGE 37131, SITUATED IN THE NORTHWEST 1/4 Of THE SOUTHEAST 114 OF SECTION 12,TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF EAGIF,ADA COUNTY, IDAHO DECEMBER 2022 ... I I 41. , ►: 3 5/24/2023 7 8 . • CONCEPTUAL SITE PLAN SHOWING BRONCO ACRES SUBDIVISION A P ARC-L OF LAND SIT L'AI ED IH A PORTION OF LOTS I AND 9 AND ALL OF LOT'. 9LOC[ 2 OF THE AN'.E &ED PUT OF FLINI ESTATES (ECQK <S OF RATS, PAGE 3713). SIFUATED IN THE NOFTNIYEST 114 OF THE SOUTHEAST 114 OF 5SCTION 12, TOWNSHIP J NOFTH, RAI:CE I YVEST, ECISE?. E'REM, CITY OF EAGLE, A04 COUNTY, IDAHO C:CEh1�iF 3022 —` au — • ,( [ D BROi:CO ACFES - CO':CEPTUAI SITE DIAN 0! Issues of Special Concern • Development Agreement • Combined to include C-Store with fuel service (Jacksons) • Concept Plan (Building placement) • Architecture (Tudor) • Restaurant with drive -through • Conceptual Plan (Building placement) • Parking Access • Plat notes • Cross Access (Recorded agreement reference on plat) • Shared parking Combined Development Agreement (include C-Store with fuel service) 5/24/2023 BRONCO ACRE{S , 11 12 A Tudor Architecture Restaurant with drive -through 3.6 Except for the limitations and allowances expressly set forth above and the other terms and conditions of this Agreement, the Property can be developed and used consistent �N ith the Mixed Use Land uses allowed by Eagle Cite Code Section 8-2-3 "Official Schedule of District Regulations', existing at the time a design revie\� application or conditional use permit application (whatever the case may be) is made for individual building use The following uses are shown and "C' conditional uses under the MU zoning designation within the Eagle City Code Section 8-2-3, shall be permitted uses on the Property: • Restaurant (with drive-through)(13lock I. Lots 5 and 8 only) 3.6.1 Am building with a proposed drive-thru shall be designed in such a way as to compliment the entirety of the development and shall include a minimum forty -eight -inch (48") berm (measured from the centerline of the adjacent roadway) adjacent to the drive-thru lanes or a minimum forty -eight -inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce the impact of ice, the vehicles utilizing the drive-thru lanes (i.e. vehicle headlights and vehicle cueing). 5/24/2023 CONCEPTUAL SITE PLAN SHOWING BRONCO ACRES SUBDIVISION A PARCEL OF LAND SITUATED IN A PCITION CF LOTS 1 AND 9 AND ALL OF LOT <, RLCCK 2 OF THE A".SI D P LAT OF FLINT ESTATES (BOOK 45 OF FLATS, PAGE 3713(. SITUATED IN THE NORTHWEST 1/4 OF THE SOUTHEAST 114 OF SECTION 12, TOWNSHIP b NORTH. RANGE I WEST, 601SE MERIDIAN, CITY OF EAGLE, ADA CCUNTY, IDAHO OECENIBER 2022 ... ..... .. .. .. it • ___ -- _ -____- - Ij L 70 I I 3RCNC0 ACRES - CONCEPTUAL SITE PLAN 15 16 : Parking Access 5. Provide a revised preliminary plat with a revised conceptual plan showing Block 1, Lot 1, with only one (1) access point to the parking area located north of the service drive aisle. The access point for Block 1, Lot 1, shall be in alignment with the western parking lot access point associated with Block 1, Lot 8. The revised preliminary plat containing the revised conceptual site plan shall be provided prior to submittal of a final plat application Plat Notes 6. Provide a revised preliminary plat with plat note q2 revised to state, "All development within this subdivision shall be consistent with the conditions of development within the development agreement (Instrument No. ) and any subsequent modifications to the development agreement." The revised preliminary plat shall be provided prior to submittal of a final plat application. 7. Provide a revised preliminary plat with plat note #5 deleted. The revised preliminary plat shall be provided prior to submittal of a final plat application. 8. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat shall comply with the applicable zoning and subdivision regulations in effect at the time of re -subdivision." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat with a new plat note which states, "Lots shall not be reduced in size without prior approval from the health authority." The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat with a new plat note which states, "Irrigation water has been provided by Ballentyne Ditch Company in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Bronco Acres Subdivision Owner's Association, or its assigns." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary plat with a new plat note which states, "This subdivision is subject to the terms of ACHD License Agreement Instrument No. :' The applicant shall record the license agreement and reference the Ada County instrument number on the plat note. The revised preliminary plat shall be provided prior to submittal of a final plat application. 12. Provide a revised preliminary plat with a new plat note which states, "All lots shall have a blanket public utility, drainage, and irrigation easement." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC9-3- 6) Cross Access and Shared Parking 13.Provide a separate recorded cross access agreement associated with vehicular access for the convenience with fuel service site and Bronco Acres Subdivision. The cross access agreement should be recorded and referenced in a plat note on the final plat prior to the City Clerk signing the final plat. Provide a revised preliminary plat with a new plat note referencing a cross access agreement associated with the convenience store with fuel service site and Bronco Acres Subdivision. The revised preliminary plat shall be provided prior to submittal of a final plat application. 20. Provide a revised preliminary plat with a new plat note which allows for shared parking between all the lots within the subdivision. The revised preliminary plat shall be provided prior to submittal of a final plat application. Staff Recommendation If the development agreement modification is approved, staff recommends the applicant provide a revised concept plan showing the buildings to be orientated similar to the building orientation shown on the concept plan within the currently executed development agreement. Also. staff recommends the conditions of development on page 6 be included within an Amended and Restated Development Agreement. Based on the information provided to date, staff does not recommend approval of a combined preliminary/final plat. If the preliminary plat is approved, staff recommends the site specific conditions of approval on page 10 and the standard conditions of approval are provided on page 28. Planning Commission Recommendation On April 17, 2023, the Eagle Planning and Zoning Commission voted (4 to 0, So & So absent) to recommend approves of this application with the site specific conditions of approval and standard conditions of approval provided on page 15 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. AL is, nd of Presentation 5/24/2023 COMP PLAN DESIGNATION Mixed Use and Scenic Existing Corridor Proposed No Change North of Mixed Use site ZONING LAND USE DESIGNATION MU-DA (Mixed Use with a Convenience store with fuel development agreement [in lieu of service and vacant property a PUDi) No Change MU-DA (Mixed Use with a development agreement) Mixed use commercia development Warrior Park Subdivision, single-family residence, acid senior housing Mixed Use MU-DA (Mixed Use with Camille Beckman and Eagle South of Development Agreement) and PS Island State Park site (Public/Semipublic) Mixed Use MU-DA (Mixed Use with Arts West Subdivision East of site Development Agreement) (commercial) Mixed Use R-9-DA (Residential with a Proposed Skyview Subdivision West Of site development agreement [in lice of consisting of single-family a PUDJ) and MU-DA (Mixed Use attached dwellings and a with Development Agreement [in commercial lot Lieu of a PUDJ) 23 12 STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE: 3.1 The maximum gross density for the Property shall be 2.88 dwelling units per acre (400 single-family lots). 3.2 Applicant 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 single-family dwellings and single-family attached dwellings shall be constructed in substantial conformance with the architectural styles shown on (Exhibit D) (attached and incorporated herein by reference). The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision 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 application for phase one. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements established herein. 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, fences shown, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowner's association or other entity cannot be dissolved without the express consent of the City. (b) A requirement for all fencing to be installed as shown on the Fencing Plan (Exhibit E). All other fencing (i.e. dog-eared cedar fencing, chainlink) shall be prohibited. (c) A maintenance manual for the streetlight(s) requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. (e) Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Cascade Springs Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 3.6 The applicant shall be required to construct the following amenities as shown on the Concept Plan (Exhibit C) with the associated subdivision phase: 3.7 • Lot 1, Block 6 - Pool facility with changing rooms and a parking lot (Phase 2) • Lot 18, Block 4 - Public Parking with Trailhead (Phase 2) • Lot 1, Block 5 - Covered seating area (Phase 2) • Lot 5, Block 7 - Workout stations and a covered seating area with a barbeque (Phase 5) • Lot 1, Block 12 - Children's play structure/Area (Phase 6) • Lot 8, Block 13 - Pickleball and Shuffleboard Courts (Phase 7) The amenities shall be constructed prior to the City Clerk signing the final plat for the associated subdivision phase. The applicant shall comply with the site specific conditions as outlined in the Parks, Pathways, and Recreation Commission Pathway Recommendations memo, dated February 16, 2023, except that the 12-foot (12') wide natural surface trail located within the future ITD right of way area shall be removed and the inclusion of a 10-foot (10') wide concrete sidewalk within the 75-foot (75') wide buffer area located along the western edge of the property shall be included. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat. ;� j Li L tit Proposed Revised 12 F0071MM RA, R41AFMF 12-PCc�'COKRETE V'40n7 COICRETE 0-9 n1!1' CCYGRf 1 G 3.8 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential uses. 3.9 The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant shall be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to the issuance of any building permits, whichever occurs first. 3.10 Open Space: 3.10.1. The Site shall comply with the open space requirements pursuant to Eagle City Code Section 8-6-5 in effect at the time of the submittal of a preliminary plat application. 3.10.2. All open space areas are subject to the Eagle Design Review process and standards of Eagle City Code 8-2A. 3.10.3. All Community Open Space shall comply with the Eagle City Code in effect at the time of any preliminary plat application. 3.10.4. All Community Open Space shall be maintained by the Cascade Springs Home Owners Association. 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 lots located adjacent to State Highway 16 and North Palmer Lane, 4) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 5) landscape screening details of the irrigation pump house (if proposed), and 6) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.12 A letter of approval shall be provided to the City from the Middleton Mill Ditch Company approving any encroachments of the canal company's facilities. The owners shall also provide a copy of any License Agreement associated with the site prior to the commencement of construction of any improvements on the site. 3.13 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-14-22. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall pay the required $258,828.00 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. 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 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. 6. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the City Council. 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 City Council) shall be provided for City Council final 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. The required setbacks shall be as follows: MU-DA (Detached Single -Family Dwellings): Front Setback: 20-feet Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) Rear Setback: 20-feet Side Setback: 7.5-feet (additional 5-feet per story) Street Side Setback: 20-feet MU-DA (Detached Single -Family Dwellings): For Lots 3-11 and 13-17, Block 1; Lots 2-5 and 7-10, Block 2, and Lots 14-16, Block 4 Front Setback: 20-feet Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) Rear Setback: 20-feet Rear Setback: 15-feet Side Setback: 7.5-feet (additional 5-feet per story) Street Side Setback: 20-feet R-6-DA (Attached Townhome Dwellings): Front Setback: 20-feet Front Load Garage: 31-feet (measured 25-feet from back of sidewalk) Rear Setback: 20-feet Side Setback: 5-feet between buildings; 0-feet where townhomes are attached Street Side Setback: 20-feet 8. No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall be duplicated: • Within five (5) lots measured from each side lot line; • Directly across the street and within five (5) lots (measured from each side lot line); and • Directly behind any lot and within five (5) lots (measured from each side lot line). 9. The applicant shall submit a revised preliminary plat that revises the gravel parking lot and drive aisle for the trailhead parking lot within Lot 18, Block 4, that denotes the finish surface to be asphaltic concrete prior to the submittal of the final plat. 10. The applicant shall submit a revised preliminary plat that revises the drive aisle for the trailhead parking lot within Lot 18, Block 4, to be 20-foot-wide from where it intersects with North Palmer Lane to five -feet (5') to the west of the western most parking stall prior to the submittal of the final plat. 11. The applicant shall work with the Middleton Mill Ditch Company to implement an approved traffic control device five feet (5') to the west of the western most parking stall to restrict unauthorized vehicular traffic from accessing the trail beyond the provided parking area. The applicant shall include a traffic control device at the time of the design review application submittal. 12. The applicant shall install landscape to within 9-feet of the paved surface of State Highway 16 and maintain it in perpetuity. (If ITD requires the 100-foot-wide parcel of land adjacent to State Highway 16 that is denoted on the plan for possible future right of way dedication it is understood that the edge of paving may shift but that landscaping shall remain from 9-feet from the edge of paving towards the subject property.) The landscape plan shall consist of sodded turf and be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The Owner shall provide an executed copy of the ITD license agreement associated with the landscaping located within the right-of-way area. The landscaping shall be installed prior to the City Clerk signing the first final plat. 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. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 15. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). 16. The Cascade Springs Subdivision shall remain under the control of one Homeowners Association. (ECC 9-3-8[D][4]) 17. 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. 18. 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]) 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. 20. 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. 21. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system(s) and drainfield(s) located on site. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system(s) and drainfield(s) were properly abandoned prior to the City Clerk signing the final plat. 22. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final development plan/final plat application. 23. The applicant shall include a provision within the CC&Rs which requires that the CC&Rs cannot be amended by the developer without approval by the City. 5/24/2023 CASCADE SPRINGS SUBDIVISION 5/24/2023 s a 3` ,V yici " MAP .a �,n •r xa+w �u CASCADE SPRINGS SUBDIVISION 4 2 5/24/2023 PLMT PT:_['TC ...... LE5_- :.a-.+, LA-APG LA_LJLAT. L!:5 Oa- NONE - CASCADE SPRINGS SUBDIVISION ©fin -PRIIIIIIAll PIAT IANDICAPI PLAN 5 6 3 5/24/2023 5/24/2023 10 5/24/2023 11 12 5/24/2023 13 14 5/24/2023 15 2 LE 16 5/24/2023 17 18 CASCADE SPRINGS -Street Perspective CASCADE SPRINGS - Street Perspective 5/24/2023 21 22 11 5/24/2023 23 24 12 5/24/2023 Ll CASCADE SPRINGS SUBDIVISION E"LE. IDAHO ruaiim-6m- 25 13 GORA ESTATES SUBDIVISION RZ-11-22/CU-13-22/PPU D-07-22/PP-17-22 Eagle Planning and Zoning Commission Public Hearing April 17, 2023 City Staff: Michael Williams, CFM, Planner III Phone: E-Mail: Project Summary Roth Ryczkowski, LLC, represented by Ryan Wallace, is requesting: • A rezone from A-R (Agricultural -Residential) to R-1-DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Gora Estates Subdivision (re -subdivision of Lot 2, Block 1, Sulik Subdivision), a 6-lot (4- buildable, 2-common) residential planned unit development. The applicant is also requesting waivers of the required open space, sidewalk, and curbs and gutters. • The 4.7-acre site is located on the north side of West Beacon Light Road approximately 1,285-feet east of the intersection of North Hartley Road and West Beacon Light Road at 6390 West Beacon Light Road. 5/24/2023 -.._..-.._----------------------------------------------------------- _ _ - ` . T.�y I III ;ii 1�i ... ; � II i.' ❑ V 1I � r _ _ 5/24/2023 Final Plat (ar Sulik Subdivision The W 12 of the W 12 of dw SW 1/4 0l the SW 1/4 0l Section 35. Township 5 North. Hatge i West. B.M. City of Eagle. Ada County. Idaho 2010 NONe 5 t uwanu uni.x�Rx�u.o� _ .nxna Sheet lodes fiNerentee r• legend "C KV IF Owners -- SNik '..—_ a .............Kent w>.. _. ...... ..__' ,.n Bays ar 6Uem." .r». 3 5/24/2023 Existing Trees Conditions of Development 3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on -site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 5/24/2023 Figure 1 -- - -_ ---1= _ --- _--------=----'7-7 I.1 1 I i 111 I 1 1 r 1 -II -¢ [ t• �II 1 I I I r' 1 III 1 � HH � • - 1 a--1�-,f� . 11 3. DOMESTIC WATER - SHARED USE OF LOT 2 WELL A 6 inch well is currently located and owned by the owner of Lot 2. This 6 inch well has been tested and shown to produce approximately 35 gallons per minute of water. This section allows Lot 1 to pump water from this well for domestic household use, not including irrigation, for a single family home on Lot 1 under the following conditions. A. Conditions A 12 fool easement shall exist, extending from the well on Lot 2, generally northerly, to the north property line of Lot 2, centered on an existing buried pipe and electrical line. The purpose of this easement is to accommodate the existing buried pipe and electrical line for domestic supply of water to Lot 1. This easement will continue indefinitely until the Lot 1 use is terminated as described below. This easement will be vacated by Lot 1 and no longer exist when the Lot 1 use is terminated. Easement access will be allowed for maintenance and repairs of the buried pipe and service wire extending to the well from Lot 1. Each Lot will provide and maintain its own well pump, well piping and wire, electricity to power its respective well pump as well as the underground piping system extending to the house on its own lot. Each Lot will be responsible for the cost and maintenance of its own individual system. If for any reason both well pumps and well piping must be pulled to service either of the two pumps, the owner of the pump requiring such service shall bear the full cost of removal and replacement of both pumps. If during the process of removing both pumps for the servicing of one of the pumps, the owner of the second pump which did not require servicing (secondary pump) desires to repair or maintain the secondary pump, the secondary pump owner shall pay that portion of removal and replacement costs associated with that pump. If the secondary pump owner does not choose to repair or maintain his system at this time, the owner of pump initially requiring service shall pay for all of the costs to remove and reinstall both pumps. 12 5/24/2023 13 C. Development If Lot 1 develops first, this agreement will automatically terminate. Except that the house on Lot 1 may continue to share this well until City water or a community water supply system is in place to serve the development on Lot 1. When new system is in place and in use by Lot 1, said owner shall immediately stop using the shared well and pay any associated removal costs per "termination" above. If Lot 2 develops first, Lot 1 will be allowed to share this well as long as is practically possible so long as it does not hinder or cause economic harm to the development. At a point in time, 2 months before the well starts to hinder or cause economic harm to the development, Lot 2 shall notify Lot 1 that the water will be discontinued after two (2) months from the date of notification. Lot 1 will be responsible to provide its own water supply within the two month time period. There will be no grace period beyond the two (2) month notification. If the well must be capped or discontinued for any reason related to the development, Lot 2 shall notify Lot 1 two (2) months before this occurs. Lot 1 will be responsible to provide its own water supply within the two month time period. There will be no grace period beyond the two (2) month notification. 14 LA Private street vs. Public street Eagle City Code Section 9-3-2-5(A), states that the Council must find that any proposed private streets must be in compliance with specific criteria, three (3) of which are as follows: 2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking are provided. 4. Access and good transportation planning to adjacent property and to the area travel networks is no . adversely affected. 5. Adjacent property will not be landlocked by the site layout. Private street vs. Public street Site Specific Conditions of Approval 4. Provide documentation from a well specialist (agreed upon by the owners of Lots 1 and 2, Block 1, Sulik Subdivision) indicating the existing well does not have an adequate water supply to serve both properties. The documentation shall be provided prior to submittal of a final plat application. 5. If the Council does not approve the requested waiver of open space, the applicant shall provide a revised preliminary plat showing the lot sizing reduced to a maximum of 34,754-square feet and add a centralized common open space lot within the development which is a minimum 28,680-square feet in size. The revised preliminary plat shall be provided prior to submittal of a design review application. (ECC 8-6-5-2[A]) 6. The applicant shall pay the required $4,200.00 preliminary plat Storage Trunk Line fee alon with the associated final plat Storage Trunk Line fee at the time of submittal of the final plat application. Resolution No. 08-09) 7. Provide a revised preliminary plat with a new street section showing North Stags Lane (Private)to be a public street. The revised preliminary plat shall be provided prior to submittal of a design review application. (ECC 9-3-2-5[A]) 8. If the Council approves the private street, the applicant shall be required to provide a revised preliminary plat with a new street section showing vertical curbing located adjacent to the street. The area of the private street located within the shared access easement shall have two -foot -wide ribbon curbing located on the north side of the street to allow ingress/egress by the adjacent property owner. If the Council approves the private street without vertical curbing, the applicant should be required to provide a revised preliminary plat with a street section showing rolled or ribbon curbing located adjacent to the street. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 9-3-2-5[B][1] and ECC 9-4 1-3) Staff Recommendation If the rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat are approved, staff recommends the conditions of development on If the preliminary plat is approved, staff recommends the site specific conditions of approval on norie 6 of the Staff Report and standard conditions of approval on _)age of the Staff Report. Planning Commission Recommendation On April 17, 2023, the Eagle Planning and Zoning Commission voted X to X (Guerber and McLaughlin absent) to recommend upproyt, of the applications with the conditions of development, site specific conditions of approval, and standard conditions of approval provided on page 13 of the Planning and Zoning Commission Findings of Fact and Conclusions of Law. End of Presentation 5/24/2023 COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood Residential (Transition .85-dwelling units/acm .85-dwelling units per acre maximum (as Overlay) limited by the development agreement) Proposed No Change 41,817-square feet 37,000-square feet Except that a decrease ofminimum to sae in a subdivision may be alloxW if there is an oR tting in case of the some percentage in open span and u plcenn d-it development is applied for and appmvd)- pursuant to ECC Section 8fifi-5 (A). North of site Neighborhood Residential (Transition 160.9-feet 100-feet (minimum) Overlay) South of site Neighborhood Residential (Transition 88-feet 35-feet Overlay) East of site Neighborhood Residential (Transition 28-acres• (minimum) Overlay) and Public/Semi-public .94-acres West of site Neighborhood Residential (Transition G%' Overlay) 21 20% (mini Except th,%according to ECC Section 9-3-8 (C) the City may requireadditionalpublic and/or private pad: or open space futilities in PUDs or in subdivisions xilh l l or mom lots. 11