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Findings - CC - 2023 - PP-24-22 - Preliminary Plat for Terra View Commercial Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A PRELIMINARY PLAT FOR ) TERRA VIEW COMMERCIAL SUBDIVISION ) FOR TERRA VIEW,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-24-22 The above-entitled application came before the City Council for their action on July 25, 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: Terra View,LLC,represented by David Sterling,P.E.,with Ardunra,is requesting preliminary plat approval for Terra View Commercial Subdivision,a 63-lot(62-commercial, 1-multi-family)mixed use subdivision.The 58.6-acre site is located at the northeast corner of State Highway 16 and West Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the North Star Public Charter School at 6:00 PM, on Wednesday, October 12,2022,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 18,2022.A revised preliminary plat was submitted to the City on May 20,2023. 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 June 2, 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 2,2023. The site was posted in accordance with the Eagle City Code on June 9,2023. Notice of Public Hearing on the application 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 July 21, 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 July 21,2023. The site was posted in accordance with the Eagle City Code on July 26,2023. D. HISTORY OF REVELANT PREVIOUS ACTIONS: On December 9, 2009, the City Council approved an annexation and rezone from RUT (Rural- Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement in lieu of a PUD) for the Terra View development for SB/CH Land Company (Flack/Carlock),LLC.At that time the Council instructed staff to work with the applicant to address the concerns of the Council regarding transitioning of lots adjacent to the eastern boundary prior to approving the development agreement for the project(A-16-07/RZ-23-07). Page 1 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Terraview Commercial MWorking Files\Terra Yew Commercial Sub CCF.docx On January 9, 2009, the City Council approved the development agreement associated with the Terra View development for SB/CH Land Company(Flack/Carlock),LLC. On January 10, 2012, the City Council approved a modification to the development agreement to extend the time for submittal of a preliminary plat application and to correct a typographical error contained within a condition of development(RZ-23-07 MOD). On February 4,2015, an extension of time to submit a preliminary plat was approved pursuant to Condition of Development 3.2 of the executed development agreement(Instrument#109021224). The extension of time was approved to be valid until February 25,2017(RZ-23-07). On March 14, 2017,the City Council approved a development agreement modification regarding the timing of submittal of a preliminary plat application(RZ-23-07 MOD2). On January 25,2022,the City Council approved an annexation and rezone from RUT(Rural-Urban Transition—Ada County designation)to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]for approximately 44-acres,a development agreement modification,and preliminary plat approvals for Terra View Subdivision,a 460-lot(396-single family residential,4-commercial [may allow up to 192-multi-family residential units], 60 common) mixed use subdivision(A-02- 21/RZ-02-21/RZ-23-07 MOD3/PP-03-21). On January 25, 2022, the City Council approved a design review application for one office (business and professional) budling and three storage buildings within Terra View Subdivision (DR-34-21). On March 2,2022,the City of Eagle Floodplain Administrator approved a Floodplain Development Permit for Terra View(FPDP-03-21). On March 22,2022,the City Council approved a design review application for the Terra View Park and trailhead parking(DR-52-21). On June 14, 2021, the City Council approved a design review application for the common area landscaping including a clubhouse and pool(DR-26-22). On June 14,2021,the City Council approved a design review application for two subdivision entry features and one subdivision entry monument sign(DR-27-22). On October 11,2022, the City Council approved the final plat for Terra View Subdivision No. 1 (FP-13-22). On January 10,2023,the City Council approved the final plat for Terra View Subdivision No. 2 (FP-15-22). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Tetraview Commercial PP\Working Files\Terra Yew Commercial Sub CCF.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Village/Community MU-DA(Mixed Use with a Agriculture Center,Compact development agreement[in Residential,Large Lot lieu of a PUD]) Residential, Scenic Corridor Proposed No Change No Change Mixed use subdivision North of site Large Lot Residential MU-DA(Mixed Use with a Two(2)single-family development agreement[in residences and vacant lieu of a PUD]) property South of site Village/Community MU-DA(Mixed Use with a Agriculture,vacant Center and Scenic development agreement),and parcel,and proposed Corridor C-1-DA.(Neighborhood Treasure Valley Business with a development Chevron agreement) East of site Village/Community MU-DA(Mixed Use with a Single-family Center,Compact development agreement[in residence Residential,and Large lieu of a PUD])and RUT Lot Residential (Residential—Ada County designation)and West of site Mixed Use,Large Lot RUT(Residential—Ada Three(3)single- Residential,and Estate County designation),MU- family residences,golf Residential(City of Star) DA(Mixed Use with a course,and restaurant development agreement[in lieu of a PUD]) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA,or DSDA. H. SITE DATA: Total Acreage of Site—58.6-acres Total Number of Lots—63 Residential— 1 Commercial—62 Industrial—0 Common—0 Total Number of Units— 192 Single-family—0 Single-family attached—0 Two-family—0 Multi-family— 192 (within the 12-acre multi-family residential lot) Total Acreage of Any Out-Parcels—0 Page 3 of 20 KAPlanning Dept\Eagle Applica[ions\SUBS\2022\Tecr Am Commercial PP\Working Files\Teem Yew Commercial Sub CCF.docx I. GENERAL SITE DESIGN FEATURES: Landscape Screening: The Landscape Color Exhibit, date stamped by the City on October 17, 2022, shows landscaping adjacent to the perimeter of the site. Open Space: There are no common lots dedicated to open space. As part of the design review process, the applicant will be required to comply with landscaping requirements (associated with individual lots)pursuant to Eagle City Code Section 8-2A-7(13)(1-2). Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales,or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement,and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District and the Star Fire Protection District. On-site Septic System—No Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site,state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: See ACHD staff report,date stamped by the City on May 17,2023 (attached to the staff report). Applicant's Justification for Private Streets:None proposed. Blocks Less Than 500%None proposed. Cul-de-sac Design:None proposed. Sidewalks: The street section on the preliminary plat, date stamped by the City on October 17, 2022, shows the internal streets will have a detached 5-foot wide sidewalk separated by a 9.2-foot landscaped planter strip. The street section for West Beacon Light Road shows a 12-foot wide sidewalk separated from the road by a gravel shoulder and borrow ditch. Page 4 of 20 KAPtanning DeptTagle App1ications\SUBS\2022\Temview Commercial PP\Working Files\Terra View Commercial Sub CCFAd Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) L. PUBLIC USES PROPOSED: All sidewalks within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—Zone"A",FIRM panel#1600 1 CO I 30J,effective date 06/19/2020 Mature Trees—no Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: See"Terra View Subdivision,Environmental Impacts Memo,"date stamped by the City on October 18,2022(attached to the staff report). See"Wetlands Review Letter,Preliminary Plat Application,"date stamped by the City on October 18,2022(attached to the staff report). P. 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 letter dated February 22, 2023, are of special concern(attached to the staff report). Ada County Highway District Communities in Motion 2050(COMPASS) Eagle Fire Department Eagle Sewer District Idaho Transportation Department Page 5 of 20 K:\Planning Dept\Eagle Applications\SUBS\2022\Terraview Commercial PP\Working Files\Terra View Commercial Sub CCF.docx Star Fire Protection District Q. 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 October 21,2022,are of special concern(attached to the staff report). R. LETTERS FROM THE PUBLIC(attached to the staff report): Correspondence received from Gino and Susan Guidi,date stamped by the City on June 8,2023. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE COMMERCIAL SITE: Terra View Commercial Subdivision is proposed with 6 phases. The first phase is proposed with the multi-family residential lot and will contain between 6-12 commercial lots and will be completed within 1-2 years. The remaining phases will be developed based on demand for commercial lots. The phases may be different than the submitted phasing plan based on market demand. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest,advances the general welfare of the community and neighborhood,and will not be detrimental to the economic welfare of the community. 2. That the development be designed,constructed,operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses,activities,processes,materials,equipment,and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation,and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss,or damage of a natural,scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. Page 6 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Terraview Commercial MWorking Files\Terra Yew Commercial Sub CCF.docx 12. That the benefits,combination of various land uses,and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs(incorporating fifty(50)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance,schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map(adopted November 15,2017),designates this site as the following: Village/Community Center Village and Community Centers are intended to serve as mixed use centers for goods,services and employment for areas that are removed from downtown Eagle. Uses and residential densities vary based on location. See the planning area text for a complete description of site specific uses. Compact Residential Suitable for single family residential,row houses,duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. Large Lot Residential Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and Agricultural/Rural designations. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city.These areas may require berming,enhanced landscaping,detached meandering pathways and appropriate signage controls. Page 7 of 20 KAPlanning DeptTagle App1ications\SUBS\2022\Terraview Commercial MWorking Files\Terra View Commercial Sub CCF.docx 6.6 Village Planning Area 6.6.1 Village Planning Area Uses/Design A. The land use and development policies specific to the Village Planning Area include residential,commercial,retail,civic,research and development park,corporate and/or educational campus,hospitality,and office uses. Non-residential uses will be focused in the Village Center. 1. Village Center: The Village Center is generally located along the north and south sides of Beacon Light Road, extending from State Highway 16 East to Hartley Lane,as shown on the Future Land Use Map(Map 6.1). All Non-residential uses will be focused in the Village Center. This area is comprised of three key components: a. A research/development park,educational campus,and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting with ancillary commercial uses located in the Village Center;and b. The village center should include supporting office, retail commercial, hospitality, and civic uses that will benefit and support the non-residential uses,as well as the larger residential area; c. Office and restaurant uses with drive thrus are considered a supporting use to the corporate and campus uses. Office and restaurant uses that are appropriately designed and internally oriented to the larger development area may be considered on a case by case basis.(See Figure 6.9) d. Non-residential development in the northeast portion of the Village Center should be designed and oriented to capitalize on the needs of users of the future 22-acre Terra View Park. 2. Residential Uses should be developed as follows: a. New developments proposed near the Village Center in the Compact Residential designation are encouraged to include apartments, town homes, condominiums, patio homes, bungalows and live/work units ranging in densities from 4 to 8 units per acre. d. All non-residential use in the Village Planning area should be directed to the Village Center or the commercial center at State Highway 16 and State Highway 44(See Moon Valley&State Planning Area Section 6.10). Figure 6.9: Village Center Concept Figure 6.10: Farmland Cluster nn r Source: Rural by Design by Randall Ardent Page 8 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\TemAm Commercial PP\Working Files\Tem Yew Commercial Sub CCF.docx 6.6.3 ISSUES OF CONCERN A. The scaling and compatibility of uses will be of significant concern in this area. In order for non-residential uses to locate in this area they will require the establishment and development of residential uses prior to construction. The compact residential designation should be developed to support the planned non-residential uses in the area. New residents should be made aware that the area is intended to have research/development park,educational campus,and/or corporate park uses in the area. C. Special care should be taken to ensure that employment uses are incorporated into the Village Center. The Village Center designation is scaled for the inclusion of employment uses. If the City allows the area to shift into a retail and/or commercial- only area the size of the land use designation should be re-scaled. D. Special care should be taken to ensure that non-residential uses area internally oriented to the Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an entry corridor will not be achieved. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title.In addition,the specific purpose of each zoning district shall be as follows: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office,limited commercial,and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district,as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development,in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged.Otherwise,a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed ten(10) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Eagle City Code Section 9-3-6:Easements: A. Unobstructed utility easements shall be provided along front lot lines,rear lot lines and side lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five feet along each side lot line,except that lesser easement widths,to coincide with respective setbacks,may be considered as part of a planned unit development. Page 9 of 20 KAPImung DeptTagle Applications\SUBS\2022\Teaaview Conunercial PP\Working Files\Te'ra Yew Conuuercial Sub CCF.docx B. A five foot(Y)wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council,except that lesser easement widths,to coincide with respective setbacks,may be considered as part of a planned unit development. D. FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards: Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in section 10-1-6, where no base flood elevation(BFE) data has been provided by FEMA,the following provisions,in addition to the provisions of section 10-1-8-2 and section 10-1-8-6,shall apply. The BFE used in determining the flood protection elevation (FPE) shall be based on the following criteria: 3. All subdivision,manufactured home park,and other development proposals shall provide base flood elevation(BFE) data if development is greater than five (5) acres or has more than fifty(50)lots/manufactured home sites.Such base flood elevation(BFE)data shall be adopted by reference in accordance with section 10-1-6 and utilized in implementing this chapter.The applicant/developer shall submit an application for a conditional letter of map revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map revision(LOMR)prior to any building permits for structures being issued. E. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL (based on the executed development agreement, Ada County instrument#2022-045481): 3.1 The maximum density for the Property shall be 2.09 dwelling units per acre (392-single- family lots, 192-multi-family,or single-family attached dwellings). 3.7 Land Uses. The Property shall consist of approximately 270.4 acres of single-family residential use and approximately 60.6 acres of mixed-use in the Multi Use Area, as shown on Exhibit A,that may include up to 12-acres of multi-family and/or single-family attached dwellings. The residential area may include approximately 71.5 acres of common area, including a community park with a swimming pool, significant lake and pond amenities. Approximately 2 acres in the Multi Use Area shall be dedicated to the City of Eagle for its selected uses. An approximately 3.2-acre parcel located in the northeast corner of the Property with separate access off Hartley Rd.shall be reserved for Terra View,LLC's office with parking and enclosed equipment garage(the"Development Office Lot"). 3.7.2 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is Home Plan,Chapter 6.6. Owner agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area as identified in the Comprehensive Plan emphasizing mixed-uses of residential and commercial development. Non- residential use will be focused within the Village Center. Residential and non- residential development shall emphasize pedestrian-friendly development. 3.7.2.1 Residential development shall consist of single-family homes and up to a maximum of 12-acres located within the Multi Use Area may consist of multi- family and/or single-family attached dwellings. Multi-family and/or single- family attached dwellings do not count against the 240,000 SF limit in Section 3.7.3 below. Page 10 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Terraview Commercial PP\Working Files\Tema View Ccmmmial Sub CCF.dmx F. DISCUSSION(based on the preliminary plat, date stamped by the City on May 20, 2023): • Page #C 1.0 of the preliminary plat identifies a future ITD right-of-way dependent on ITD environmental study. The timing of completion of the environmental study is unknown. The area identified consists of portions of Lots 1, 2, 9, 10, 16, 17, 26-28, Block 1. In the event the identified area is dedicated to ITD,the dedication will impact the referenced lots regarding how the lots may be developed in the future.The applicant should be required to provide a revised preliminary plat showing the area identified as "future ITD right-of-way dependent on ITD environmental study" located within a separate lot. The revised preliminary plat should be provided 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 June 19, 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 application was presented to the Planning and Zoning Commission by one(1)individual who had a concern with noise and pollution due to the increased traffic on State Highway 16. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of PP-24-22 for a preliminary plat for Terra View Commercial Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated July 17,2023. PUBLIC HEARING OF THE COUNCIL (Public Hearing Audio/Video Record https://eagle- id.granicus.com/pla e�p/1772?meta id=86301): A. A public hearing on the applications was held before the Eagle City Council on August 8, 2023, at which time testimony was taken and the public hearing was closed.The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by 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: The Council voted 4 to 0 to approve of PP-24-22 for a preliminary plat for Terra View Commercial Subdivision (Exhibit"A"),with the following Planning& Zoning 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-23-07 MOD3 and RZ-02-21. 2. Comply with all conditions of FPDP-03-21. 3. Comply with all requirements of the City Engineer. 4. 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. Page 11 of 20 KAPlanning Npt\Eagle Applications\SUBS\2022\Temaview Commercial PP\Working Files\Tetra Yew Commercial Sub CCF.docx 5. Provide a revised preliminary plat showing the area identified as"future ITD right-of-way dependent on ITD environmental study" located within a separate lot. The revised preliminary plat shall be provided prior to submittal of a final plat application. 6. All living trees shall be preserved,unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Council) shall be provided for City Council final approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction)to protect all trees that are to be preserved,prior to the commencement of any construction on the site. 7. 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. (ECC 8-2A-7[E] and ECC 8-2A-18) 8. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 94-1-2) 9. 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). 10. The Terra View Commercial Subdivision shall remain under the control of one Homeowner's Association. 11. The applicant shall place a note on the final plat that the pressurized irrigation system is to be owned and maintained by the Homeowner's Association. 12. 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. 13. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Terra View Commercial Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 14. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. Page 12 of 20 KAPlanning Dept\Eagle ApplicationASUBS\2022\Terraview Commercial PP\Working Files\Terra Yew Commercial Sub CCF.docx 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 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. Page 13 of 20 KAPlanning Dept\Eagle App1ications\SUBS\2022\Teuaview Commercial PP\Worlting Files\Tetra View Commercial Sub CCF.docx 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction,rerouting,covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to,landscaping,fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain,used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company,ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch,pipe or other structure,drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity,drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location,height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the 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 Star Fire Protection District 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 Star Fire Protection 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 Star Fire Protection District prior to the City Engineer signing the final plat. C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction,and shall be verified in writing by the Star Fire Protection District prior to issuance of any building Page 14 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Terraview Commercial PP\Working Files\Terra View Commercial Sub CCF.dacx permits. d. The proposed fire protection system shall be reviewed and approved by the Star Fire Protection District prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required,providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 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. 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. Page 15 of 20 KAPlanning DeptTagle App1icationa\SUBS\2022\TetraAm Commercial MWorking Files\Terra Yew Commercial Sub CCF.docx 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board,agency,commission,official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9"Land Subdivisions"until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements(see resolution 98-3)prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit,Certificate of Deposit,cash deposit or certified check. 31. In accordance with Eagle City Code,failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators,Registered Land Surveyor,County Engineer,Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that"Digline"has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4'x 4'plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground)noticing the contractors to clean up daily,no loud music,and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub- contractors and for monitoring compliance. 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 Page 16 of 20 KAPlaming Dept\Eagle App1ications\SUBS\2022\Tetraview Commercial FP\Working Files\Tem Yew Commercial Sub CCF.docx CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed 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. The proposed Terra View Commercial Subdivision is a portion of the proposed Terra View Subdivision. Terra View Subdivision will contain an active balanced community with public walking paths, open space, and recreational spaces that promote a high quality of life. The subdivision will offer a variety of housing which includes single-family dwellings and the possibility of single-family attached dwellings.The commercial component of the subdivision will provide a mix of employment-based uses, services,and ancillary commercial/retail uses; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Terra View Subdivision (inclusive of Terra View Commercial Subdivision) will include a residential component, employment-based uses, commercial/retail uses, and public facilities. The subdivision will be maintained by a professionally managed homeowner's association and commercial owner's association. All green space including the homes will be maintained by the respective associations.The public park area and public trailhead will be maintained by the City of Eagle; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The commercial area associated with Terra View Commercial Subdivision is a portion of Terra View Subdivision. Terra View Subdivision is designed to conform to the design guidelines identified within the Village Planning Area contained within the comprehensive plan. The amenities are designed to complement the surrounding communities and will be reviewed and approved through the city's design review process; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. The development is planned for residential and commercial uses as identified within the comprehensive plan. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Terra View Subdivision will be served by State Highway 16 (principal arterial) and West Beacon Light Road (minor arterial), and an internal public street network located within the development;and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site,as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer,water,drainage, streets and other urban services will be provided at the developer's expense.The applicant will be contributing $473,798.00 into a road trust held on behalf of the Idaho Transportation Department or constructing improvements to the state highway system to mitigate the impact to the state highway system of the Terra View development.At buildout,the commercial portion of the development will generate approximately$1,135,901.00 in tax revenue annually to the respective taxing entities;and Page 17 of 20 KAPlanning DeptTagle Applications\SUBS\2022\Terraview Commercial PP\Working Files\Terta Yew Commercial Sub CCF.docx f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water System,Ada County Highway District,or the Idaho Transportation Department;and g. That the development is provided with parks,ponds,open areas,areas of special interest,floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. Terra View Subdivision (inclusive of Terra View Commercial Subdivision) will contain 32.8% (based on the residential area)of dedicated open space consisting of a public park,public trailhead, small park area with a swimming pool and pool house, ponds and pathways. The applicant is submitting a Conditional Letter of Map Revision (CLOMR) to address the areas of special flood hazard located within the site;and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent parcels to the north to provide interconnectivity between West Beacon Light Road and the properties to the north. Access to the development will be from West Beacon Light Road. The design and construction of the entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural,scenic,or historic features of major importance are known to exist on the site;and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The development is designed to follow the objectives of the Village Planning Area contained within the comprehensive plan; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This application requests approval of a preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;and 1. That the benefits,combination of various land uses,and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Terra View Subdivision(inclusive of Terra View Commercial Subdivision)will provide a mix of commercial,public park,public trailhead,single-family dwellings,and the option of single-family attached residential uses. The commercial portion of the development will provide employment- based opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. The proposed deviations from any standard district regulations will be permitted through a development agreement. The applicant is required to submit design review applications for the subdivision and commercial buildings to be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. Page 18 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Terraview Commercial PP\Working Files\Terra Yew Commercial Sub CCF.docx In case of large—scale PUDs(incorporating fifty(50)or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection,police protection,central water,central sewer,road construction,parks and open space, recreation,maintenance,schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Star Joint Fire Protection District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure, the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion of the roads they will be dedicated to the Ada County Highway District. Open Space The proposed Terra View Commercial Subdivision is a portion of the proposed Terra View Subdivision. The Terra View Subdivision will contain a minimum of 32.8% (based on the residential area)of passive and active open space providing the residents with a small park with a swimming pool and pool house, ponds, public park and public trailhead. A system of pedestrian pathways will provide the residents a safe and efficient way to move through the development.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. Also, pursuant to Eagle City Code Section 8-2A-7(13)(1-2), the applicant is required to provide a minimum of 15-percent of landscaping on multi-family residential sites and a minimum of 10-percent of landscaping on commercial sites. Maintenance The maintenance of any private open space areas will be regulated by the Terra View Homeowner's Association. The roads,sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Terra View 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. Page 19 of 20 KAPlanning Dept\Eagle Applications\SUBS\2022\Tertaview Commercial PP\Working Files\Terre Yew Commercial Sub CCF.do The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$105,000/annually. p. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development, therefore,the public service providers avoid potential liability and expenses. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-24- 22)and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9,as shown within the findings provided within this document and the proposed uses are in accordance with the land use designations of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services,as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Star Fire Protection District, Eagle Sewer District, and Ada County Highway District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 22nd day of August,2023 CITY COUNCIL OF THE CITY OF EAGLE Ada ounty,Idaho Jaso ie ce,Mayor •..�����,,, E A EST: C>1:• E'••..•• p''t w; o / ^•. Tracy E.O rn Eagle City Clerk= • Q' r - KAPlannin De tTa le A lice ions\SuB t',,2\Te g p g pp Sq; i*view Co ercja0P\Working Files\Terta Yew Commercial Sub CCF.docx Eah'ibl'A' 133HS 83AOO d cNac�d ■ammN10NZ 0- HI � �2i0J ld�d h21VNIWIl3Lld j3 3 �r 2 ���g UBE uIv r •§34 lipl 3C ��YYEYE d" s. 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