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Findings - CC - 2023 - RZ-18-22/PP-23-22 - Rezone from A (Agriculture) to R-2-DA (Residential with a Development Agreement [in Lieu of a PUD]) and a Preliminary Plat for Silvercreek Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) REZONE FROM A(AGRICULTURAL)TO R-2-DA ) (RESIDENTIAL WITH A DEVELOPMENT ) AGREEMENT [IN LIEU OF A PUD])AND A ) PRELIMINARY PLAT FOR SILVERCREEK ) SUBDIVISION FOR EAGLE RIVER DEVELOPMENT,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-18-22/PP-23-22 The above-entitled rezone with a development agreement (in lieu of a PUD), and preliminary plat applications came before the Eagle City Council for their action on June 27, 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: Eagle River Development, LLC, represented by Dave Yorgason, is requesting a rezone from A (Agricultural) to R-2-DA (Residential with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Silvercreek Subdivision, a 53-lot (41-buildable, 12-common) residential subdivision. The 65.39-acre site is located on each side of West Mace Road approximately 1,740-feet west of the intersection of West Windbreaker Lane and West Mace Road at 1522 and 1811 West Mace Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, on Wednesday August 17, 2022, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on October 17, 2022. A natural features analysis was submitted to the City on January 19, 2023. A revised preliminary plat was submitted to the City on March 2,2023. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on October 20, 2022, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65,Idaho Code and the Eagle City Code on April 27,2023. 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 April 28, 2023. The site was posted in accordance with the Eagle City Code on April 21,2023. 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 June 9,2023. 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 June 9, 2023. The site was posted in accordance with the Eagle City Code on June 16,2023. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. Page 1 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 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 October 17, 2022 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood Residential A(Agricultural) Single-family residence and Floodway and agriculture Proposed No Change R-2-DA(Residential with a Single-family residential Development Agreement[in subdivision lieu of a PUD) North of site Neighborhood Residential A(Agricultural) Agriculture and Floodway South of site Neighborhood Residential R-2-P(Residential—PUD) South Channel of the Boise and Floodway River and vacant parcel East of site Neighborhood Residential R-2-DA-P(Residential with a Two(2)single-family and Floodway development agreement— residential subdivisions PUD),A(Agricultural),A-R (Mace River Ranch No.4, (Agricultural-Residential), and Waters Edge No. 3) and R-2-DA(Residential and single-family with a development residential homes on large agreement) parcels. West of site Neighborhood Residential RUT(Residential—Ada Single-family residence and Floodway County designation)and A and agriculture (Agricultural H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. SITE DATA: Total Acreage of Site— 65.39 Total Number of Lots—53 Residential—41 Commercial—0 Industrial—0 Common— 12 (inclusive of three [3]private street lots) Total Number of Units— Single-family—41 Single-family attached—0 Two-family—0 Multi-family—0 Page 2 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .84-dwelling units/acre 1.00-dwelling units/acre maximum(as limited by the development agreement) Minimum Lot Size 21,785-square feet 17,000-square feet Minimum Lot Width 102-feet 75-feet Minimum Street Frontage 66-feet 35-feet Total Acreage of Common Area 14.00-acres 13.08-acres(minimum) Open Space Percent of Site as Common Area 21.41% 20%(minimum) Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 11 or more lots. of Common Area Open Percent20.00%(2.8-acres) 15%(2.1-acres minimum) Space as Active Open Space J. GENERAL SITE DESIGN FEATURES: Open Space,Green Belt Areas and Landscape Screening: The site is proposed with 14.00-acres (21.4%) of open space. The open space consists of the required 35-foot-wide buffer areas located on each side of West Mace Road, common lots containing ponds, and the parkway strips as shown on the preliminary plat landscape plan, date stamped by the City on October 17,2022(attached to the staff report). Storm Drainage and Flood Control: Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance. 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. Regarding flood control, the Flood Insurance Rate Map (FIRM), Panel Nos. 16001C0142J and 16001C0161J,dated June 19,2020,shows the entire site located within a Zone"AE"(subject to a 1% annual chance of flood). The applicant is proposing to construct ponds within the site to elevate the roads and pad sites. The construction of the proposed ponds will provide compensatory storage of flood water (during a flood event) to compensate for the areas which were raised above the base flood elevation. No development is proposed within the floodway area. Page 3 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc Utility and Drainage Easements,and Underground Utilities: The preliminary plat, date stamped by the City on March 2, 2023, notes 10-foot-wide public utilities, irrigation, and lot drainage easement adjacent to any public street, rear property line, or subdivision boundary. The preliminary plat also notes a 5-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 home located south of West Mace Road is served by an individual septic system. The preliminary plat, date stamped by the City on March 2, 2023, shows the existing home to be removed. The septic system will be removed at the time of removal of the existing home as required herein. Pressurized Irrigation: The applicant provided a preliminary irrigation report, date stamped by the City on October 17, 2022 (attached to the staff report). The applicant will be required to install pressurized irrigation. Preservation of Existing Natural Features: The applicant has provided a Natural Features Analysis, date stamped by the City on January 19, 2023 (attached to the staff report). Also, the applicant has provided a Preliminary Wetland Evaluation and a Tree Mitigation Plan,both of which are date stamped by the City on October 17, 2022(attached to the staff report). 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 and Private Streets: The public and private streets will be constructed based on the Typical Street Section Details shown on page C.100 of the preliminary plat,date stamped by the City on March 2,2023. Blocks Less Than 500': None. Cul-de-sac Design: Two(2)cul-de-sacs are proposed for this site: • West Winding River Lane: 440-feet in length, 50-foot radius • West Misty River Lane: 540-feet in length, 50-foot radius Sidewalks: The applicant is proposing detached sidewalks on both sides of Mace Road and a detached sidewalk on one(1)side of all the interior private streets. Curbs and Gutters: The applicant is proposing vertical curbs along West Mace Road and two foot (2') wide ribbon curbing along the interior private streets. Page 4 of 41 K:\Planning Dept\Eagle Applications\SUBS\20221Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. 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 PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See Sidewalks in Section"K"(above). 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 potable water from Veolia Water Idaho. 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—Yes,along the South Channel of the Boise River Evidence of Erosion—No Fish Habitat—No Floodplain—Yes—Boise River, the entire site is located within an AE Zone as identified on the Flood Insurance Rate Map(FIRM) Mature Trees — Yes — See the Tree Mitigation Plan, date stamped by the City on October 17, 2022(attached to the staff report). Riparian Vegetation—Yes—Along the South Channel of the Boise River Steep Slopes—No Stream/Creek—Yes—South Channel of the Boise River Unique Animal Life—No Unique Plant Life — Yes — See the Natural Features Analysis, date stamped by the City on January 19,2023 (attached to the staff report). Unstable Soils—No Wildlife Habitat—Yes—Trees and riparian areas along the South Channel of the Boise River Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: See the Natural Features Analysis, date stamped by the City on January 17, 2023 (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 March 21, 2023, are of special concern(attached to the staff report). Page 5 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc ACHD Eagle Fire Department Eagle Sewer District Givens Pursley,LLP(on behalf of Mace-Catlin Ditch) Idaho Department of Fish and Game Idaho Transportation Department S. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION: City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated November 18, 2022, are of special concern (attached to the staff report). T. LETTERS FROM THE PUBLIC(attached to the staff report): Email correspondence received from Susan Meyers-Pyke,dated May 3,2023. Email correspondence received from Jeff Solomon,dated May 8,2023. Email correspondence received from,Kimberly Weir,dated May 8,2023. Email correspondence received from Mike Intravia,dated June 7,2023. Correspondence received from Doug Atwood and Nate Sampson with Legacy Homes, date stamped by the City on June 7,2023 U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in two phases.The first phase will consist of the area located north of West Mace Road and the area south of West Mace Road, excluding two(2)lots. The applicant proposes to start construction of the ponds in the Fall of 2023 and start construction of the subdivision in the Spring of 2024.The second phase includes the two(2)large lots on the south side of the development, adjacent to the river. The applicant may develop the two (2) large lots into additional lots based on the completion of the floodway study currently under review. The completion of the second phase is dependent upon completion of the floodway study. V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 6 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss,or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs(incorporating eleven (11)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. 17. LANDSCAPING: That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development,exceed that of a non PUD development. 18. SITING: That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering),incorporated into this development,exceed that of a non PUD development. 19. DESIGN FEATURES: That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. W. FISCAL IMPACT ANALYSIS: See Developer Data Table, received by the City on October 17, 2022, along with the analysis table(attached to the staff report). Page 7 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 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: Chapter 6—Land Use 6.3 Land Use Designation The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the following: Neighborhood Residential Suitable for single-family residential. Densities range from 2 units per acre to 4 units per acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration Flood Insurance Rate Maps (FIRM) along the Boise River and Dry Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are excluded from being used for calculating residential and development densities. Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or similar amenities, as may be credited toward the minimum open space required for a development,if approved by the City Council. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the FIRM maps so that the floodway area is smaller than that shown on the Land Use Map,the adjacent land use designation shown shall be considered to abut the actual floodway boundary. Regional Open Space Open space should be designed to capitalize on and expand the open space areas around natural features and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources—floodways and floodplains (including riparian and wetland areas), slopes in excess of 25%, locally significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so that resource areas are able to be managed and viewed as an integrated network. Open space areas within the Foothills and along Dry Creek and the Boise River should be designed to function as part of a larger regional open space network. Where possible, open space should be located to be contiguous to public lands and existing open space areas. 6.4.2 General Land Use Objectives A. To encourage the conservation and preservation of open spaces(sensitive habitat for plant wildlife species,and unique areas)based on diverse values within the City of Eagle. Page 8 of 41 K:\Planning Dept\Eagte Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 6.4.3 General Land Use Implementation Strategies A. Conserve the natural features and resources that make Eagle unique. Q. Support City of Eagle flood and storm drainage regulations to achieve protection of property rights,environmental protection and flood damage reduction for community residents. S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including large lot subdivisions. Chapter 7—Natural Features,Hazard Areas& Special Sites 7.1.2 Hazard Areas FLOODWAY/FLOODPLAIN: The Floodplains of the Boise River and Dry Creek constitute a significant hazard area within Eagle and its' planning area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consist of two parts: (1)the floodway which is the most severe area of flooding characterized by deep and fast-moving water; and(2)the floodplain which is less severe than the floodway and is characterized by shallower and slower moving waters at the time of flooding. The floodway is shown as a generalized area on the Future Land Use Map (See Chapter 6: Land Use). The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code Title 10 for definitions of terms relating to the floodplain areas.) The Dry Creek floodplain has a potential for flash flooding while the Boise River is more likely to experience seasonal flooding due to winter run off and weather conditions. Retaining the 100 year floodplain of the Boise River and Dry Creek in a native state, wildlife habitat, agricultural,and open space area, should be encouraged. Trail and open spaces uses may be encouraged when not in conflict with native uses. 7.1.3 Special Areas& Sites(Reads in part) "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognizes qualities which render them distinctly unique. The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain, and the North Foothills each possess a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. These special areas will require comprehensive and specific planning to ensure that such topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and incorporated into any engineering and development plans. The special review process should include,but not be limited to the following: • Area wide drainage plans including hillsides, foothills and gulches • Water quality • Sanitation • Area-wide traffic plans • Pathways and trail access • Wetlands issues • Fish and wildlife habitat Page 9 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\.Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc • Existing trees and natural features • River and creek greenbelt areas • Potential for permanent open space and natural preserves including steep hillside terrain, rock outcroppings and foothill gulches. Recognized special areas and sites include: BOISE RIVER FLOODPLAIN: The Boise River Floodplain is designated as a special area due to its ecological and scenic significance. The area comprises the two channels of the Boise River, the island formed by the two channels and the land immediately adjacent to the channels as generally depicted on the Comprehensive Plan Land Use Map. Additional discussions of the Boise River Floodplain can be found in Chapter 9: Parks,Recreation&Open Space. 7.2 Natural Features,Hazard Areas& Special Sites Goals A. To provide special concern and attention to the preservation of native wildlife, fish, and plants, water resources, air quality, agriculture, open space, and recreational/natural areas when implementing planning and zoning decisions. B. To promote the conservation and efficient management of all special areas and sites. C. To plan for and mitigate hazard areas to protect the health, safety, and welfare of the community. 7.3 Objectives A. To provide and protect riparian habitat that provides crucial food, shelter, and water for resident and migratory wildlife by protecting existing and rehabilitating degraded riparian corridors. B. To provide upland wildlife with adequate open space to minimize the disturbance of human actions. 7.4 Implementation J. Require developers to complete an environmental assessment and mitigation plans prior to final plan submittal. This will include a species inventory and report on any species of concern and will incorporate wildlife habitat in transportation considerations. L. Require development in sensitive areas (Foothills or riparian areas) to retain at least 40% of the gross acreage as open space in large contiguous blocks. M. Require developers to demonstrate funding for long term habitat mitigation projects, including habitat rehabilitation, resident education, weed control, water project development, and other programs as may be deemed necessary by the city. 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 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 Page 10 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 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 Minimum Note Conditions A To E* Lot Area 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-2 35' 30' 30' 10' 20' 4)) 17,000 75' AIM MIL G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: A. Landscape Plan Required: A landscape plan is required for all developments requiring a design review, including, but not limited to, all subdivisions. The landscape plan shall be drawn to scale(no smaller than 1 inch equals 30 feet)and shall indicate the following: 1. Boundaries,property lines, and dimensions. 2. Existing trees and vegetation identified by species and size. C. Retention,Removal,And Replacement Of Trees: 1. Retention Of Existing Trees: a. Existing trees shall be retained unless removal is approved in writing by the city. 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an acceptable replacement would be two (2) six feet(6')tall coniferous trees. Page 11 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc • Eagle City Code Section 8-2A-7(J)(4): Landscape and Buffer Area Requirements: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred(100)linear feet of right of way: four(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (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 9-3-2-5: Private Streets and Private Alleys: Private streets and private alleys may be permitted, in the discretion of the council, subject to the following: A. Compliance: The council must find that any proposed private streets or private alleys are in compliance with each of the following criteria: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets and or private alleys will serve to enhance the overall development. 2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking are provided. 3. Adequate access for service and emergency vehicles is provided. 4. Access and good transportation planning to adjacent property and to the area travel networks is not adversely affected. 5. Adjacent property will not be landlocked by the site layout. 6. Other than to provide emergency access, the private streets, or private alleys, do not connect one public street to another, thereby encouraging travel through the development served by the private street;provided,however,that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the council. 7. The use or alignment of the private streets or alleys do not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets and private alleys,including provisions for the funding thereof. Page 12 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercrcek Sub-CCF.doc 9. Private streets and private alleys are only permitted within a planned unit development and are limited to providing access to no more than ten percent(10%) of the lots, except that private streets and private alleys may serve all single family attached dwelling lots. B. Construction And Design Standards: Private streets and private alleys shall conform to the following construction and design requirements: 1. All private street and private alley construction shall be in accordance with Ada County highway district's structural standards for streets and alleys including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section,private streets and private alleys shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width and private alleys shall contain paved travel lanes a minimum of ten feet (10') in width and shall provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic for private streets and vehicle traffic for private alleys. Vertical curbing shall be provided for private streets that are less than thirty-four feet(34')in total width.Alleys must utilize other curb types. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title.However, alternative sidewalk and landscape strip designs may be approved by the City Council based upon a finding made by the Council that characteristics and qualities of the development justify the alternate design. Sidewalks and planter strips, as referenced within subsection 9-4-1-6F of this title, shall not be required along alleys. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to,designated parking and"no parking" areas,speed, stop,and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets and private alleys shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer,by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All dead end private streets and private alleys shall terminate at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer;or c. Such other turnaround areas as may be approved by the Eagle fire district, city engineer,and city council. Page 13 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc d. Private streets and private alleys not exceeding 150-feet may terminate with no turn- around if approved by the Eagle Fire District. 7. The design of all private streets and private alleys and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings,together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail,unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements:Provisions shall be made for the future maintenance of and access to private streets and private alleys as follows: 1. A plan and schedule for the future repair and maintenance of the private street and private alley and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of private streets and private alleys shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private streets or private alleys the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land;and c. Provide that the restrictive covenant for maintenance of the private streets or private alleys cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private streets or private alleys shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private streets or private alleys in accordance with the approved plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion,order the owners or the entity responsible for the maintenance of any private streets or private alleys approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street,be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Page 14 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all respects, conform to all applicable components of the comprehensive plan. E. Waiver: The council may waive or modify any of the standards or requirements of this section when the private streets or private alleys have been determined to be an integral element of the overall plan and scheme of the development or will serve to enhance the overall development; provided, however, that any such waiver shall not be injurious to public health or safety. • 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 9-4-1-3: Curbs and Gutters: A. Generally: 2. Rolled curbs and gutters shall be required on minor streets. 3. All construction shall be in accordance with the standards and specifications adopted by the Ada County highway district • Eagle City Code Section 9-4-1-6: Trail and Pathway Regulations: C. Pathway Location: 1. The City should require the creation and maintenance of pathways(except in cases where it is shown to be inappropriate),that provide access to adjacent: b. Pathway elements as identified within the comprehensive plan and the trails and pathways master plan including regional hot spots. • Eagle City Code Section 9-4-1-7: Sidewalk Design and Maintenance: 9-4-1-7: Sidewalk Design and Maintenance: A. Sidewalks,a minimum five feet(5')wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), and the street is designated a local street, sidewalks on only one side of the street may be allowed. This sidewalk exception shall not be permitted on collectors,arterials,or section line streets. B. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. C. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot (8') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot(8')wide landscape strip may be counted toward the minimum required common area open space. Page 15 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc D. Trees shall be placed at the front of each lot generally located on each side lot line. Minor variations to the location of a tree may be considered by the design review board during the review of the subdivision landscape plan. E. If sidewalk is required on one side of each street only(as provided for in subsection A of this section), then the trees on the side of the street with no sidewalk shall be placed within five feet(5')of the edge of roadway. • Eagle City Code Section 9-4-1-8:Underground Utilities: Underground utilities are required. D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-1: Findings of Fact: B. Purpose: It is the purpose of this title to promote the public health,safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life,health, and property; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. To minimize damage to public facilities and utilities such as water purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that flooding may occur, and advise of information available to the city regarding flood hazards,studies and available options; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities; 11. To minimize the impact of development adjacent to waterways on adjacent properties upstream,downstream and across waterways; 12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site; 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways; 14. To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation; Page 16 of 41 K.\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage; 16.To regulate uses in the floodplain for the purpose of preserving,protecting,and enhancing the abundance and diversity of fish,wildlife and riparian resources; and 17. To protect,preserve and enhance the waterways and floodplains as a recreation resource. • Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses: In order to accomplish its purposes,this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in flood heights, velocities, or erosion; B. Requiring that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction; C. Preserve and restore natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters; D. Control filling,grading,dredging and other development which may increase flood damage or erosion. • Eagle City Code Section 10-1-5:Rules and Definitions: DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, mining dredging, filling, grading, paving,excavation,or drilling operations,or storage of equipment or materials. DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bulkheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials;the construction or elevation of dikes,berms and levees. FLOOD ZONE: A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map(FIRM)that reflects the severity or type of flooding in the area. FLOODPLAIN or FLOOD-PRONE AREA: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood.The riverine floodplain includes the floodway and the flood fringe. FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(1'). MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S.Army Corps of Engineers. Page 17 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Sitvercreek Subdivision Rz PP\Working Files\Silvercreek Sub-CCF.doc NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas. RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark. SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent (1%) or greater chance of flooding in any given year. For purposes of these regulations,the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase "area of special flood hazard". • Eagle City Code Section 10-1-6:Basis for Flood Hazard Areas: The Special flood hazard areas identified by the Federal Emergency Management Agency, in its flood insurance study (FIS) "The Flood Insurance Study (FIS) for Ada County, Idaho And Incorporated Areas", dated June 19,2020,with accompanying flood insurance rate maps(FIRM), or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared to be a part of this chapter. A copy of the FIS and FIRM shall be maintained on file at the Office of the Planning and Zoning Department located within Eagle City Hall,660 East Civic Lane,Eagle,Idaho. • Eagle City Code Section 10-1-7: Development Permit Requirements: A. Permit Required: A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development within any special flood hazard area established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1-5 of this chapter. A floodplain development permit shall also be required for any development that could possibly increase or alter the flood hazard. • Eagle City Code Section 10-1-8-5: Subdivisions: A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas,electrical and water systems located and constructed to minimize flood damage; C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage; and D. Base flood elevation data shall be provided for subdivision proposals and other proposed development located within any area of special flood hazard. E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map(in effect at the time of approval of the plat)for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. Page 18 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25') setback from all waterways, called the riparian zone, in which no improvement is permitted and require that riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated. G. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state statute, including section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 USC § 1334. • Eagle City Code Section 10-1-8-6: Specific Standards: In all cases of special flood hazards where base flood elevation (BFE) data has been provided as set forth in section 10-1-6 of this chapter,the provisions of this section shall be required: • Eagle City Code Section 10-1-8-7:Floodplain and Floodway Standards: C. Standards For Floodways And Flood Fringe Areas:Areas designated as floodways are located within special flood hazard areas established in section 10-1-6. The floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris,potential projectile and erosion potential. The following provisions apply: 1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. 2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity(for example, bridges, water pumps); recreational use (for example, paths); wildlife habitat improvements (for example, vegetation, nesting structures, pool/riffle improvements); and gravel extraction; provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program. 3. Subsection Cl of this section shall comply with all applicable flood hazard reduction provisions of this section 10-1-8. 5. All buildings shall be set back a minimum of one hundred feet(100') from the floodway line. Except that when the special flood hazard area boundary is one hundred feet (100') or less from the floodway line,the boundary line shall be the setback line. 6. No development is permitted within the twenty five foot(25')setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter. 7. For all subdivisions along the Boise River or Dry Creek,prior to approval of the final plat written approval from flood control district 10 is required to protect access to the river for maintenance. Page 19 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the one(1)year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of section 9-3-2-5C of this code for private streets. E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat,the following provisions apply: 1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain; 2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot(25')setback or riparian zone; 3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council; 4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done; 5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, Bebb's willow, Drummond's willow, little wild rose, gooseberry, and honeysuckle. G. Fill Requirements: For fill placed in the floodplain: 1. Development within the area of special flood hazard shall result in no net loss in natural storage. Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the existing surface topography and the base flood elevation surface, shall not be reduced from the current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment flood elevation for the base flood event. Depressions which will be filled with groundwater and sections of the floodplain which are restricted from floodwater conveyance due to roads built above the base flood elevation shall not be considered when determining storage volumes. Development within the DDA, TDA or CEDA design review overlay areas shall not be subject to the provisions of this subsection. Page 20 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc E. DISCUSSION (based on the preliminary plat, date stamped by the City on March 2, 2023, and the applicant's narrative, date stamped by the City on October 17, 2022): • The preliminary plat contains 53-lots (41-buildable, 12-common [inclusive of 3-private street) with a proposed density of.84 dwelling units per acre (not inclusive of the floodway area). The applicant is proposing to construct the subdivision in two (2) phases. Lots 33 and 34, Block 1, will be contained within the second phase. Lots 33 and 34, Block 1, located between West Misty River Lane and the South Channel of the Boise River contain approximately 20.3-acres. Approximately 16.9-acres of the lots are shown as being located within the floodway. Currently there is floodway study of the Boise River being conducted and it is anticipated that upon completion of the floodway study the actual floodway area will be significantly reduced. As part of the subject application,the applicant is requesting the following: o Re-subdivide Lots 33 and 34,to allow a maximum of 14 buildable lots. o The amount of open space within the area being re-subdivided should be proportionately equal or greater than the open space provided in phase 1,or approximately 21.4%. o Homes must meet the required setbacks associated with the R-2 (Residential) zoning district, including the required floodway setbacks. o A new preliminary plat application will be submitted to the City with public hearings provided to allow public comments and ensure compliance with the development agreement. o Due to the uncertainty of the timing to complete the floodway study for a new floodway line, the applicant requests the right to allow the phase 2 area either not expire or expire at least 5 years from the time the preliminary plat is approved by the City Council. Based on the applicant's request to allow flexibility to re-subdivide Lots 33 and 34, to allow a maximum of 14 additional residential lots (based on a new floodway line) the overall density of the proposed Silvercreek Subdivision would be approximately one(1)dwelling unit per acre. Regarding the expiration of the preliminary plat associated with phase 2 of the development, there should be an expiration date associated with recordation of a final plat for phase 2. Staff recommends the expiration of the phase 2 be based on the final plat recordation of phase 1. If the Council approves the applicant's request, staff recommends the following conditions of development be placed within the development agreement: The maximum density for the Property shall not exceed a maximum of 55-units and the maximum density of the property shall not exceed 1.00 dwelling unit per acre (excluding floodway). o Lots 33 and 34, Block 1, Silvercreek Subdivision may be re-subdivided with a maximum of 14 buildable lots(included within the maximum 55-units). o Owner shall submit a new preliminary plat application (as required pursuant to Eagle City Code) for the City to conduct public hearings and ensure compliance with this Development Agreement. o In the event Lots 33 and 34, Block 1, Silvercreek Subdivision are re-subdivided, the required open space located within the re-subdivided area shall be proportionately equal to or greater than the open space provided within the originally recorded subdivision, or approximately 21.4 percent. Page 21 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc o Due to the uncertainty of the timing to complete the floodplain study associated with reestablishing a new floodway line, Owner shall have three (3) years from the date of the final plat recordation of Silvercreek Subdivision—Phase 1, to submit a final plat application associated with the Silvercreek Subdivision—Phase 2. • The property is currently being utilized for agricultural purposes. The applicant is requesting to continue the agricultural uses until the subdivision is constructed and a final plat is recorded. The subdivision is proposed to be constructed in two (2) phases. All agricultural uses currently operating on the Property should continue to be allowed uses,until the submittal of the first final plat application for the Property, at which time the Owner should submit a phasing plan for the removal of the agricultural operation to be approved by the City. • The preliminary plat shows a portion of the common lot(Lot 19, Block 1) located between West Mace Road and Lot 78, Block 1, Mace River Ranch Subdivision No. 4 are less than 35-feet in width. Lot 78,Block 1,Mace River Ranch Subdivision No. 4 is a common lot containing a pond which is approximately 100-feet in width at its narrowest point. The portion of the common lot located within the proposed Silvercreek Subdivision is not adjacent to any residential lots. The applicant should not be not be required to construct a buffer area (pursuant to Eagle City Code Section 8-2A-7[J][4][a])within the portion of Lot 19,Block 1, located between West Mace Road and Lot 78,Block 1,Mace River Ranch Subdivision No.4. • The preliminary plat shows the typical street section (detached sidewalk) for the interior streets. The street section shows the private street is located within a 34-foot wide area (common lot) between the property lines. The street section shows an 8-foot wide drainage swale located within the buildable lot on one (1) side of the street and an 8-foot wide drainage swale and 5-foot wide detached sidewalk on the opposite side of the street. The applicant is requesting an R-2-DA (Residential with a development agreement [in lieu of a PUD] zoning designation. Pursuant to Eagle City Code Section 8-2-4, the required front setback in the R-2 (Residential)zoning district is 30-feet. Also,pursuant to Eagle City Code Section 8-2- 4(G), all front load garages shall be set back a minimum of 25-feet from the back of sidewalk.As proposed, the side of the street with the detached sidewalk shows the drainage swale along with the detached sidewalk encroaches 13-feet into the residential lot. If a front load garage was setback 30-feet from the property line the area between the front of the garage and back of sidewalk would be 17-feet in length. Although the opposite side of the street is not proposed to have sidewalks,the drainage swale encroaches 8-feet into the residential lot. It is staff's opinion that based on the location of the detached sidewalk and the width of the drainage swale, the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 30-feet(living) 38-feet(front-load garage/where sidewalk is present)* 33-feet(front load garage/where no sidewalk is present)* Rear 30-feet Interior Side 10-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% * A single-family dwelling unit that utilizes a side entry garage shall be permitted to a have a 5- foot reduction of the front-load garage setback. Page 22 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022'Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc • The applicant indicated within the provided narrative that they have initiated a study to delineate the wetlands and are currently working with the Army Corps of Engineers. The applicant should continue working with the Army Corps of Engineers regarding any changes to wetland areas. If permits are required, the applicant should provide a copy of the approved permits at the time of submittal of a final plat application. • The proposed subdivision contains floodway area associated with the South Channel of the Boise River. Pursuant to Eagle City Code Section 10-1-8-7(C)(7), for all subdivisions along the Boise River or Dry Creek, prior to approval of the final plat, written approval from Flood Control District No. 10 is required to protect access to the river for maintenance. The applicant should be required to provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application. • The preliminary plat shows the development will encompass property located on both sides of West Mace Road. The preliminary plat classifies the lot numbers sequentially as all being located within Block 1. Also, the areas located north of West Mace Road are not contiguous to each other. Upon recordation of a final plat, the right-of-way associated with West Mace Road will be dedicated to Ada County Highway District; therefore, the two (2) areas located north of West Mace Road should be identified as separate blocks with the associated lot numbers starting from the number 1 and progressing sequentially. The applicant should be required to provide a revised preliminary plat showing the areas of the subdivision located north of West Mace Road as separate blocks with the lot numbering based on those separate blocks. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat shows the typical street section for West Mace Road with an area 30-feet in width located between the right-of-way and the next adjacent property line on each side of the road. West Mace Road is a collector which requires a minimum 35-foot wide buffer area located within common lots on each side of the road. The plat map identifies the common lots located adjacent to West Mace Road are a minimum 35-feet in width. The applicant should be required to provide a revised preliminary plat with a revised typical street section for West Mace Road showing the areas located between the right-of-way and the property line to be minimum of 35- feet in width. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #6 of the preliminary plat states, "Direct lot access from collectors & arterials is prohibited unless approved by the Ada County Highway District and the City of Eagle." The applicant should be required to provide a revised preliminary plat with plat note#6 revised to state, "Direct lot access from West Mace Road is prohibited unless approved by the Ada County Highway District and the City of Eagle."The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note#8 of the preliminary plat states, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the ten (10) feet adjacent to any public street. The easement shall not preclude the construction of hard-surface driveways, walkways,landscape,parking,fencing,or other such non-permanent structures." The plat note does not address the subdivision being proposed with internal private streets. Also, the applicant is proposing 8-foot-wide drainage swales located within the residential lots adjacent to the private streets. The applicant should be required to provide a revised preliminary plat with plat note#8 revised to state, "All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the ten (10) feet adjacent to any street. The easement shall not preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent structures. Driveways are prohibited across all Page 23 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc common lots." The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #10 of the preliminary plat states, "Lots 1, 2, 10, 11, 19, 20, 21, 32, 41, 42, and 48, Block 1, are common lots which shall be owned and maintained by the Silvercreek Subdivision Homeowners Association. These lots shall be used for homeowner pedestrian access and landscaping and are subject to a blanket easement across said lot for public utilities, irrigation, and lot drainage." Plat note #10 does not address the prohibition of driveways across the common lots. Also, three (3) of the referenced lots contain the private streets located within the subdivision. Plat note#12 also addresses the lots associated with the private streets. The applicant should provide a revised preliminary plat with plat note#10 revised to state,"Lots 2, 10, 19,20,21, 32,41,and 48,Block 1, are common lots which shall be owned and maintained by the Silvercreek Subdivision Homeowners Association. These lots shall be used for homeowner pedestrian access and landscaping and are subject to a blanket easement across said lot for public utilities, irrigation, and lot drainage. Driveways are prohibited across all common lots."The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat notes # 11 and 12 of the preliminary plat are duplicative regarding the private streets. Plat note#11 references private driveway/street; however, the preliminary plat shows all the lots gain ingress/egress from the private street. Both plat notes address the associated perpetual easements, responsibility of maintenance, and the process for modification of the restrictive covenants associated with the private street. Plat note#11 does not identify the lot and block numbers of the private streets, whereas plat note #12 identifies the lot and block numbers associated with the private streets. The applicant should be required to provide a revised preliminary plat with plat note #11 referencing the private driveway/street deleted. The revised preliminary plat should be provided prior to submittal of a final plat application. • The subject property is located within a Special Flood Hazard Area (SFHA). Pursuant to Eagle City Code Section 10-1-8-5(E), all subdivision plats located within the SFHA are required to contain a plat note referencing that due to floods of greater magnitude there is a possibility that sheet flooding can and will occur outside of the floodplain and floodway boundary lines. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "Silvercreek Subdivision is located within a Special Flood Hazard Area (SFHA) as identified on the Flood Insurance Rate Maps (FIRM) panel numbers 16001 C0142J and 16001CO161J, (in effect at the time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain and floodway boundary lines." The revised preliminary plat should be provided prior to submittal of a final plat application. Also,pursuant to Eagle City Code Section 10-1-8-5(F), all subdivisions located within the SFHA are required to contain a plat note regarding the required 25-foot setback from all waterways (riparian zone) in which no improvement is permitted and that the riparian vegetation should be maintained in its natural state for protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "Along the South Channel of the Boise River, there shall be a 25-foot wide riparian zone easement measured landward from the mean high water mark of the river in which no improvement is permitted and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that the removal of trees or other vegetation is regulated." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 24 of 41 K:\Planning DepPEagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc • The proposed subdivision is located within a Special Flood Hazard Area (SFHA). The applicant is proposing to construct ponds within the subdivision to provide compensatory storage for elevating the proposed building sites. The applicant should be required to submit a floodplain development permit application. The floodplain development permit application should be reviewed and approved by the Floodplain Administrator and the City Engineer prior to commencement of any grading within the site. • The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed pathways associated with the development. The Trails and Pathways Superintendent provided a memo dated November 18, 2022, with the PPRC pathway recommendations. The applicant should be required to comply with the site specific conditions as outlined in the Trails and Pathways Superintendent's memo, dated November 18, 2022. The required pathways should be completed with the associated subdivision phase prior to the City Clerk signing the final plat. Also, the applicant should be required to provide a revised preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Trails and Pathways Superintendent's memo dated November 18, 2022. The revised preliminary plat should be provided prior to submittal of final plat application. • The preliminary plat — existing conditions plan (page C.200) shows the locations of several existing structures which are identified to be removed. Also, some of the existing structures located on the south side of West Mace Road are connected to a potable well and septic system. The applicant should be required to remove all existing structures located within the site prior to the City Clerk signing the final plat. Also,the applicant should be required to abandon the potable well and septic system and provide documentation from the subdivision contractor that the potable well and septic system were properly abandoned prior to the City Clerk signing the final plat. • The preliminary plat—existing conditions plan(page C.200)identifies an existing easement to be vacated. The referenced easement is a 20-foot-wide Idaho Power easement (Ada County instrument #8631302). The applicant should be required to provide a relinquishment letter associated with the 20-foot-wide Idaho Power easement (Ada County instrument #8631302), prior to submittal of a final plat application. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 15, 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 application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by one(1)individual who expressed concerns regarding: • Their property will be surrounded by the proposed subdivision. • Mace Road through Island Woods Drive is the only access to State Highway 44. In the event of an emergency individuals will only have one(1)exit to vacate the area. • If the applicant's request to allow 50% lot coverage is approved there may be the possibility of a huge house being construction near their residence. • All of the proposed private streets serving the development will be gated. Page 25 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Waking Files\Silvercreek Sub-CCF.doc D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning and Zoning Commission by one(1)individual who stated: • The construction traffic may create an unsafe condition for the children who utilize the sidewalks along Mace Road for walking to their school bus stop. • Due to displacement of flood waters from the river constructing homes on the property may have an adverse impact to adjacent properties. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. A summary of the deliberation can be found at the following link (Granicus time: 01:21:22): https://eagle-id.granicus.com/player/clip/1732?meta id=82812 COMMISSION DECISION REGARDING THE REZONE: The Commission voted 4 to 0 (Wright absent) to recommend approval of RZ-18-22 for a rezone from A (Agricultural) to R-2-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 fact and conclusions of law,dated June 5,2023. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-23-22 for a preliminary plat for Silvercreek Subdivision with the site specific conditions of approval and standard conditions of approval as provided within their findings of fact and conclusions of law document,dated June 5,2023. PUBLIC HEARING OF THE COUNCIL: (Public Hearing Audio/Video Record): https://eagle-id.granicus.com/vlaver/clip/1755?view id=1&redirect=true&h=4748b695853b3ebda3c3baadcft02e13 A. A public hearing on the applications came before the Eagle City Council for their action on June 27,2022,at which time public testimony was taken. and the public hearing was closed. B. Oral testimony in favor of the applications was presented to the City Council by no one (not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by no one. COUNCIL DECISION REGARDING THE REZONE: The Council voted 4 to 0 to approve RZ-18-22 for a rezone from A(Agricultural)to R-2-DA(Residential with a development agreement [in lieu of a PUD])with the following Planning and Zoning Commission recommend conditions to be placed within a development agreement with underline text to be added by the Counci: 3.1 The maximum density for the Property shall not exceed 55-dwelling units and the maximum density of the property shall not exceed 1.00-dwelling unit per acre(excluding floodway). 3.1.1 Lots 33 and 34, Block 1, Silvercreek Subdivision may be re-subdivided with a maximum of 14 buildable lots(included within the maximum 55-dwelling units). 3.1.2 Owner shall submit a new preliminary plat application (as required pursuant to Eagle City Code) for the City to conduct public hearings and ensure compliance with this Development Agreement. 3.1.3 In the event Lots 33 and 34, Block 1, Silvercreek Subdivision are re-subdivided, the required open space located within the re-subdivided area shall be proportionately equal to or greater than the open space provided within the originally recorded subdivision, or approximately Page 26 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 21.4 percent. 3.1.4 Due to the uncertainty of the timing to complete the floodplain study associated with reestablishing a new floodway line, Owner shall have three (3) years from the date of the final plat recordation of Silvercreek Subdivision—Phase 1, to submit a final plat application associated with the Silvercreek Subdivision — Phase 2 (consisting of Lot 33 and/or Lot 34, Block 1, Silvercreek Subdivision). 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 All agricultural uses currently operating on the Property shall continue to be allowed uses, until the submittal of the first final plat application for the Property, at which time the Owner shall submit a phasing plan for the removal of the agricultural operation to be approved by the City. 3.5 Owner shall not be required to construct a buffer area(pursuant to Eagle City Code Section 8-2A- 7[J][4][a]) within the portion of Lot 19, Block 1, located between West Mace Road and Lot 78, Block 1,Mace River Ranch Subdivision No.4. 3.6 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. 3.7 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A maintenance manual for the private streets requiring the association to have the duty to maintain and operate the private streets including repair and replacement of asphalt and sidewalks, including provisions for snow removal of the road; and the planting and maintenance of the landscape planter islands within the subdivision entrances and cul de sacs, in perpetuity. (c) A requirement for all fencing located adjacent to open space and corner lots to be open-style such as wrought iron, extruded aluminum(looks identical to wrought iron), or three-rail-type decorative fencing. The open style fencing located adjacent to all common areas shall be wildlife protective style of fencing.All other fencing(ie. cedar fencing,vinyl,chainlink) shall be prohibited. (d) A requirement that the 30-foot wide pond maintenance and pressure irrigation easement located around the irrigation pond shall remain clear of any encroachments. Page 27 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc (e) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (f) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25-foot wide setback or riparian zone be maintained. (g) 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&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation,law or ordinance. 3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit"D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each 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 Exhibit"D". 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 The required setbacks shall be as follows: Front 30-feet(living) 38-feet(front-load garage/where sidewalk is present)* Rear 30-feet Interior Side 10-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40%(50%for single-story dwellings and associated accessory structures) * A single-family dwelling unit that utilizes a side entry garage shall be permitted to a have a 5-foot reduction of the front-load garage setback 3.10 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. Page 28 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 3.11 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map 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 plan and replacement plan. 3.12 Owner shall submit a design review application showing at a minimum: 1)proposed development signage, 2) planting details within the proposed and required landscape islands 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), 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7) cluster mailbox (if proposed), and 8) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a fmal plat application. 3.13 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.14 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.15 Owner shall provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application. 3.13 Owner shall place an approximate 4'x 8' 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 4 to 0 to approve PP-23-22 for a preliminary plat for Silvercreek 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-18-22. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. Provide a revised preliminary plat showing the areas of the subdivision located north of West Mace Road as separate blocks with the lot numbering based on those separate blocks. The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. Provide a revised preliminary plat with a revised typical street section for West Mace Road showing the areas located between the right-of-way and the property line to be minimum of 35-feet in width. The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 29 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 6. Provide a revised preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Trails and Pathways Superintendent's memo dated November 18,2022. The revised preliminary plat shall be provided prior to submittal of final plat application. 7. Provide a revised preliminary plat with plat note #6 revised to state, "Direct lot access from West Mace Road is prohibited unless approved by the Ada County Highway District and the City of Eagle."The revised preliminary plat shall be provided prior to submittal of a final plat application. 8. Provide a revised preliminary plat with plat note#8 revised to state,"All lots are hereby designated as having a permanent easement for public utilities, irrigation, and lot drainage over the ten (10) feet adjacent to any street. The easement shall not preclude the construction of hard-surface driveways, walkways, landscape, parking, fencing, or other such non-permanent structures. Driveways are prohibited across all common lots." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat with plat note #10 revised to state, "Lots 2, 10, 19, 20, 21, 32, 41, and 48, Block 1, are common lots which shall be owned and maintained by the Silvercreek Subdivision Homeowners Association. These lots shall be used for homeowner pedestrian access and landscaping and are subject to a blanket easement across said lot for public utilities, irrigation, and lot drainage. Driveways are prohibited across all common lots." The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat with plat note #11 referencing the private driveway/street deleted.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, "Silvercreek Subdivision is located within a Special Flood Hazard Area (SFHA) as identified on the Flood Insurance Rate Maps (FIRM) panel numbers 16001C0142J and 16001C0161J, (in effect at the time of fmal plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain and floodway boundary lines." 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, "Along the South Channel of the Boise'River, there shall be a 25-foot wide riparian zone easement measured landward from the mean high water mark of the river in which no improvement is permitted and riparian vegetation shall be maintained in it natural state for the protection and stabilization of the riverbank and that the removal of trees or other vegetation is regulated." The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 13. The applicant shall submit a floodplain development permit application. The floodplain development permit application shall be reviewed and approved by the Floodplain Administrator and the City Engineer prior to commencement of any grading within the site. 14. The applicant shall comply with the site specific conditions as outlined in the Trails and Pathways Superintendent's memo, dated November 18,2022. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat. 15. The applicant shall remove all existing structures prior to the City Clerk signing the fmal plat. 16. 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 fmal plat. Page 30 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision 112 PP\Working Files\Silvercreek Sub-CCF.doc 17. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located onsite. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 18. The applicant shall be required to remove the overhead power serving the existing house located at the northeast corner of the property prior the City Clerk signing the final plat. 19. Provide a relinquishment letter associated with the 20-foot-wide Idaho Power easement (Ada County instrument#8631302),prior to submittal of a final plat application. 20. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots(unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a fmal 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 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. 21. 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. 22. 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). 23. The Silvercreek Subdivision shall remain under the control of one Homeowners Association. 24. 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. 25. The applicant shall provide CC&Rs stating 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. 26. Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding Plan associated with Silvercreek Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. Page 31 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 27. 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. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The Page 32 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to,landscaping,fencing, lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City 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 fmal plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire District 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 District prior to the City Engineer signing the final plat. Page 33 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, 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 the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. Page 34 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\silvercreek Subdivision RZ PP\Working Files\Silvercreck Sub-CCF.doc 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 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 Page 35 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone(RZ-18-22)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-2-DA(Residential with a development agreement [in lieu of a PUD]) is consistent with the Neighborhood Residential and Floodway designations as shown on the Comprehensive Plan Land Use Map and the land uses and densities proposed are consistent with the relevant comprehensive plan policies; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist,or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the A(Agricultural)zone and land use to the north since that area may be developed with a residential subdivision with similar or higher density; d. The proposed R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the entitled R-2-P (Residential with development agreement)zone and land use to the south since that area contains the South Channel of the Boise River and an unplatted parcel which is located within the floodway area; e. The proposed R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-2-DA-P (Residential with a development agreement—PUD), A (Agricultural), A-R (Agricultural-Residential), and R-2-DA (Residential with a development agreement)zones and land uses to the east since two (2)of those areas have been developed with residential subdivisions with lots of similar size or smaller. The remaining two (2) areas contain single-family homes on large parcels which will be buffered by a large common lot containing a pond located within the proposed subdivision; f. The proposed R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT (Residential-Transition—Ada County designation) zone and land use to the west since that area may be developed with a residential subdivision with similar or higher density; g. The land proposed for rezone is located within a "Hazard Area" or"Special Area" as described within the Comprehensive Plan and the applicant will be required to submit applications to address the city's concerns regarding development within those areas prior to developing the property; 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 preliminary plat(PP-23- 22) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. That the proposed development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; Page 36 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc The proposed development will provide a housing type that is similar to the style of homes within the neighborhood. The proposed development will advance the general welfare of the community and neighborhood since it is designed to be in conformance with the Comprehensive Plan. 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 because; The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The proposed development provides lot sizing which is commensurate with the surrounding properties. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will contain residential uses which will be compatible with the existing and future neighborhood uses. 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 to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by an internal network of private streets. 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 because; The tax revenue generated from residents within Silvercreek Subdivision will offset additional costs to public services that will serve this development. Eagle Fire Department, Eagle Sewer District,ACHD, and ITD have reviewed the proposed development and provided correspondence associated with the development. f. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, Veolia Water Idaho, and ACHD. Because the developer provides the services in the initial stages of development, therefore, the public service providers avoid potential liability and expenses. Also, the additional tax revenue received from the development will contribute to services such as schools,police,and fire protection. 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 because; The development will contain 21.4%of open space consisting of three(3)ponds,pathways,and a buffers located adjacent to West Mace Road. The applicant will also be required to submit a floodplain development permit to be reviewed and approved prior to beginning construction of the development. Page 37 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from West Mace Road providing access to State Highway 55 through West Island Woods Drive. The interior streets will be private and will be constructed to ACHD standards. i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The scenic riparian area located near the Boise River will be left in its natural state. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. 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 because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Neighborhood Residential and Floodway for the overall development. The floodway area will be maintained in its natural state. 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 because; This applicant has requested approval for a rezone with a development agreement in lieu of a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition,the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include single-family residential units with lot layout as shown on the preliminary plat. 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 because; Single-family residential is the only use approved for this development. m. Provide an estimate of the public service costs to provide adequate service to the development. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The 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 Department. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by Veolia Water Idaho. The water infrastructure will be constructed at the developer's expense. Page 38 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. West Mace Road will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 21.4%of passive and active open space. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Silvercreek Homeowner's Association. The private road will be maintained by the homeowner's association. The public road and sewer infrastructure will be publicly owned and maintained by the respective agencies. Schools Silvercreek Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Sanitation Service through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The developer will provide all necessary infrastructure improvements within the development, including streets, storm drainage, sewer, water, and pressure irrigation at their expense. o. The yearly tax revenue which will be generated at full build-out from the development is estimated at$532,017.00(reflecting the standard homeowner's deduction). 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.Extensions of sewer and water, pressurized irrigation, roadways, etc.,will be accomplished at the expense of the developer. The development will also be subject to sewer hookup fees,transportation, and city impact fees. 3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council has determined that: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that the private street will serve to enhance the overall development. The following reasons support the above noted finding: The site has frontage to both sides of West Mace Road(residential collector). The South Channel of the Boise River borders the southern property line. Page 39 of 41 K:\Planning Dept\Eagle Applications\SUBS\2022\Silvercreek Subdivision RZ PP\Working Files\Silvercreek Sub-CCF.doc 2. The private street within the subdivision will provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The private street is designed to a width equivalent to public street standards to allow for safe and effective vehicle travel. On street parking is provided,typical of low volume traffic streets,with a detached sidewalk located on one(1)side of street for ease of pedestrian traffic flow; 3. The private street provides adequate access for service and emergency vehicles: The private street is designed to meet the fire department emergency service vehicular dimensional standards which require higher standards than other emergency vehicles. The proposed internal circulation of the private street network will adequately serve non-emergency service vehicles; 4. The private streets within the subdivision do not adversely affect access to adjacent properties: The private street network will not adversely affect access to adjacent properties since the subject property is fronted by a residential collector and the adjacent properties are also fronted by the same residential collector; 5. The private streets will not landlock adjacent property due to topography or parcel layout: The private streets within the Silvercreek neighborhood will not landlock any adjacent properties since they all are fronted by a residential collector; 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street; provided,however,that in order to provide secondary access,a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the Council: The proposed private street does not connect one public street to another public street. There is a gated secondary emergency access to West Mace Road for the residential lots located on the south side of West Mace Road; 7. The use or alignment of the private street within the subdivision do not interfere with the continuity of public streets: The proposed private street does not interfere with continuity of public streets since West Mace Road is designated as a residential collector and the adjacent properties gain access from the residential collector; and 8. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof: The applicant is required to provide an operation and maintenance manual (inclusive of a financial requirement) to maintain the private streets in perpetuity. The operation and maintenance manual will be reviewed by the City Engineer and City Attorney prior to City Clerk signing the final plat. The operation and maintenance manual will be an exhibit to the CC&Rs and cannot be modified without the express written consent of the City. 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