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Findings - CC - 2023 - RZ-01-23/PP-01-23 - Capella Estates Sub. Rezone from A to R-3-DA and a Preliminary Plat BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A REZONE FROM A(AGRICULTURAL) ) TO R-3-DA(RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT [IN LIEU OF ) A PUD])AND A PRELIMINARY PLAT FOR ) CAPELLA ESTATES SUBDIVISION FOR ) LAREN BAILEY ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-01-23/PP-01-23 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 August 8, 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: Laren Bailey is requesting a rezone from A (Agricultural) to R-3-DA (Residential with a development agreement [in lieu of a PUD]) and preliminary plat approvals for Capella Estates Subdivision, a 122-lot (108-buildable, 13-common 1-common drive)residential subdivision. The 54.24-acre site is located on the north side of West State Street across from the intersection of North Riverview Street and West State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 1770 West State Street at 6:00 PM, on Wednesday, September 7,2022, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on February 23,2023. A revised preliminary plat was submitted to the City on May 10, 2023. A second revised preliminary plat was submitted to the City on May 31,2023. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on April 11, 2023, in accordance with the requirements of the Eagle City Code. An amended request for agencies' reviews was transmitted on April 18, 2023. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on 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 22, 2023. The site was posted in accordance with the Eagle City Code on June 7,2023. 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 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 28,2023. Page 1 of 33 KAPI=ing Dept\Eagle Applications\.SUBS\2023\Capella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on February 23, 2023 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood A(Agricultural) Single-family residence Residential and agriculture Proposed No Change R-3-DA(Residential Agriculture with a development agreement[in lieu of a PUD]) North of site Large Lot A-R(Agricultural- Single-family residential Residential Residential)and R-1-DA subdivisions(Bakers (Residential with a Acres Subdivision and development agreement) Covenant Hill Subdivision) South of site Compact Residential R-4(Residential) Single-family residences located within unplatted parcels East of site Compact Residential R-3 (Residential)and R-4 Single-family residences (Residential) located within unplatted parcels West of site Large Lot R-2 (Residential)and A- Single-family residential Residential and R(Agricultural- subdivisions(Bakers Neighborhood Residential) Acres Subdivision and Residential Van Engelen Estates Subdivision No. 1) H. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA. I. SITE DATA: Total Acreage of Site—54.24-acres Total Number of Lots— 122 Residential— 108 Commercial—0 Industrial—0 Common— 14(inclusive of one[1]private drive) Total Number of Units— 108 Single-family— 108 Single-family attached—0 Page 2 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023\Capel1a Estates Sub RZ FP\Working Files\Capella Estates Sub CCF.doc Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.14-dwelling units per acre* 2.14-dwelling units per acre(as limited within the development agreement) Minimum Lot Size 10,510-square feet 10,000-s uare feet Minimum Lot Width 80-feet 70-feet Minimum Street Frontage 35.8-feet 35-feet Total Acreage of Common Area 13.79-acres 10.85-acres Open Space Percent of Site as Common Area 25.4% 20% 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 50 or more lots. Percent of Common Area Open 43%(5.94-acres) 15%(minimum)(2.07- S ace as Active Open Space acres *Based on the area excluding the floodway. J. GENERAL SITE DESIGN FEATURES: Open Space and Greenbelt Areas: A total of 13.79-acres, approximately 25.4% of open space, is proposed within the residential subdivision. Approximately 5.94-acres (43%) of the proposed open space is "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space consists of common lots containing amenities, tot lot, dog park, pathways, and planter strips as shown on the preliminary landscape plan,date stamped by the City on February 23,2023. 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. Regarding flood control, the Flood Insurance Rate Map (FIRM), Panel No. 16001CO153J and 16001C0161J, dated June 19, 2020, shows a portion of the site located within a Zone "AE" (subject to a 1% annual chance of flood). The applicant will be required to submit a floodplain development permit application to be reviewed and approved by the Floodplain Administrator prior to the commencement of work within the Special Flood Hazard Area. 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. Page 3 of 33 KAPlanning Dept\Eagle ApplicationASUBS\202MCapella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System—No. Preservation of Existing Natural Features: See"Natural Features Analysis for Capella Subdivision, Eagle, Idaho,"date stamped by the City on February 23,2023 (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 Streets: The public streets will be constructed pursuant to the Site Specific Conditions of Approval identified on page 13, of the Ada County Highway District staff report, date stamped by the City on May 30,2023 (attached to the staff report). Blocks Less Than 500': None. Cul-de-sac Design:None proposed. Sidewalks: The applicant is proposing detached sidewalks separated by an eight-foot (8') wide planter strip on both sides of the internal streets . Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. 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. L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See Trails and Pathways Superintendent's memo dated December 16, 2022 (attached to the staff report). M. PUBLIC USES PROPOSED:None proposed. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 4 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023\Capella Estates Sub RZ FF\Working FitesWapella Estates Sub CCF.doc O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by potable water from Veolia Water of 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 to the City of Eagle fiber system. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—Yes—along Dry Creek Evidence of Erosion—No Fish Habitat—Yes—Dry Creek Floodplain — Yes — Dry Creek, a portion of the area located adjacent to the east and south property lines is located within an AE Zone as identified on the Flood Insurance Rate Map (FIRM),Panel No. 16001COI53J,effective June 19, 2020. Mature Trees—Yes Riparian Vegetation—Yes—Along Dry Creek Steep Slopes—No Stream/Creek—Yes—Dry Creek Unique Animal Life—unknown Unique Plant Life—Yes—See"Natural Features Analysis for Capella Subdivision,Eagle, Idaho," date stamped by the City on February 23,2023 (attached to the staff report) Unstable Soils—No Wildlife Habitat—Yes—Trees and riparian areas along Dry Creek Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: See"Natural Features Analysis for Capella Subdivision, Eagle, Idaho,"date stamped by the City on February 23,2023 (attached to the staff report). See "Geotechnical Investigation Sedlacek Property Subdivision," date stamped by the City on February 23,2023 (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: Ada County Highway District Ballentyne Ditch Company Central District Health Department Communities in Motion(COMPASS) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department New Dry Creek Ditch Company City Engineer: All comments within the engineer's letter dated May 1, 2023, are of special concern(attached to the staff report). 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 December 16, 2022, are of special concern (attached to the staff report). Page 5 of 33 KAPlanning Dept\Eagle App1ications\SUBS\2023\Cape1la Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc T. LETTERS FROM THE PUBLIC(on file): Correspondence received from Steve Hiatt,date stamped by the City on March 27,2023. Correspondence received from Laren Bailey with DevCo, LLC, date stamped by the City on July 14,2023 Correspondence(with several attachments)received from Christopher Clark,date stamped by the City on June 19,2023 Correspondence(with attachment)received from Christopher Clark, date stamped by the City on July 14,2023 Correspondence received from Christopher Clark,date stamped by the City on July 28,2023 U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat, date stamped by the City on May 31, 2023, shows three (3) phases of development. The applicant is proposing to start development of the first phase in 2025, with subsequent phases starting each year following. V. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: I. 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 33 KAPlanning Dept\Eagle ApplicationASUBS\202MCapella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc 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. W. FISCAL IMPACT ANALYSIS: See Developer Data Table, date stamped by the City on February 23, 2023, along with analysis table(attached to the staff report). 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 Designations 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. 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. This designation includes the Willow Creek Scenic Corridor that is to provide increased setbacks and buffering of development including natural vegetation and restoration,regional trails and connectivity. 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Page 7 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape11a Estates Sub RZ MWorking Files\Capella Estates Sub CCF.doc 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, R4 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 lot split applications submitted after the effective date hereof in all districts exceeding one dwelling unit per two (2) acres (R-E). 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. P PLANNED UNIT DEVELOPMENT: This designation,following any zoning designation noted on the official zoning map of the city(i.e.,R4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. 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 8-24: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum j j Note Conditions A To E* Maximum Lot Area ----- ---- - --' Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height ; Front ! Rear Side Side And J* Feet)H* 1 Width I* R 3 35' 1 30' 25' 7.5' 20' 40% j 10,000 75 B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations: G. Transitional Lot Sizing: When development is planned with residential lots that directly abut existing residential lots that the Council finds are not likely to be re-subdivided based upon the Comprehensive Plan and other evidence provided as part of any application, a transition shall be provided to ensure lot compatibility. Transitions shall take into consideration site constraints that may exist. \ Examples of transition options, subject to City approval, include development of similar lot sizes along the boundary, clustering of the new lots in order to provide open space directly abutting the existing lots, including setbacks for the new lots similar to the lots directly abutting,or other elements in the site design and building design that the city finds will soften the impact and create a compatible transition. Page 8 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape11a Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc • Eagle City Code Section 8-7-3-5: Conditional Use Permit: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including,but not limited to,those: 1.Minimizing adverse impact on other development; 2.Controlling the sequence and timing of development; 3.Controlling the duration of development; 4.Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or services;and 7. Requiring more restrictive standards than those generally required in this title. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2: Streets and Alleys Section 9-3-2-1: Location and Design: C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas and shall have a cul-de- sac or temporary cul-de-sac.A reserve street may be required and held in public ownership. • 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, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link,cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the City Council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider(and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. 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; Page 9 of 33 KAPlantting DeptTagle ApplicationASUBS\2023\Capella Estates Sub FZ MWorking FilesTapella Estates Sub CCF.dac 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; 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; Page 10 of 33 KAPlanning Dept\Eagle App1ications\SUBS\2023tCape1la Estates Sub RZ MWorking Files\Capella Estates Sub CCF.doc 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(F). 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. 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. Page 11 of 33 KAPlanning Dept\Eagle Applications\SU13S\2023\Capella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc • 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. 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. Page 12 of 33 KAPlanning Dept\Eagle Applications\SUBSU02MCapella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc 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 CI 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. 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; Page 13 of 33 KAPlanning Dept%agle Applications\SUBS\2023\Capella Estates Sub RZ FF\Working Files\Capella Estates Sub CCF.doc 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. E. DISCUSSION(based on the preliminary planned unit development, date stamped by the City on May 31, 2023, and the applicant's narrative, date stamped by the City on February 23, 2023): • The west subdivision boundary line south of West Yellowstone is located adjacent to Van Engelen Estates Subdivision which has a zoning designation of R-2 (Residential). The three (3) lots located within Van Engelen Estates Subdivision adjacent to the proposed development vary in size from 14,854-square feet to 20,952-square feet with an average lot size of approximately 17,467-square feet. The residential homes located within Van Engelen Estates Subdivision are near the shared property line. The preliminary plat shows a total of six(6) lots located adjacent to Van Engelen Estates Subdivision which vary in size from 13,626-square feet to 15,062-square feet with an average lot size of approximately 14,08 1-square feet. Pursuant to Eagle City Code Section 8-3-3(G), when development is planned with residential lots that directly abut existing residential lots that the Council finds are not likely to be re-subdivided based upon the Comprehensive Plan and other evidence provided as part of any application, a transition shall be provided to ensure lot compatibility. Transitions shall take into consideration site constraints that may exist. A method of providing a transition is to provide lots of similar sizes along the boundary. To provide a transition of lot sizing, the applicant should be required to provide a revised preliminary plat which shows one (1) residential lot removed from Block 5, west of Talega and south of West Yellowstone. The revised preliminary plat should be provided prior to submittal of a final plat application. • Lots 1-4,Block 1, located between West Yellowstone and Baker's Acres Subdivision vary in size from 15,292-square feet to 16,648-square feet with an average lot size of approximately 15,777- square feet. Baker's Acres subdivision has a zoning designation of A-R(Agricultural-Residential) which has a minimum lot size of 4.7-acres. The two (2) lots located within Baker's Acres Subdivision adjacent to the proposed development are 4.81-acres and 5.0-acres. The remaining buildable lots within the proposed development bordering Baker's Acres Subdivision and the northern unplatted property vary in size from 18,899-square feet to 26,740-square feet with an average lot size of approximately 22,548-square feet. To provide a transition of lot sizing to the north, the applicant should be required to provide a revised preliminary plat which shows one(1) residential lot removed from Block 1 west of Lot 5,Block 1, and north of West Yellowstone. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 14 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023\Capella Estates Sub RZ PP\Working Fil"Wapella Estates Sub CCF.doc • A portion of the unplatted property located at 1022 West State Street is located on the north side of Dry Creek and surrounded on three(3)sides by the proposed subdivision. The preliminary plat shows a common lot(Lot 11,Block 8)bordering the referenced unplatted property. The owner of 1022 West State Street does not have access to the area north of Dry Creek due to the creek. Pursuant to Eagle City Code Section 9-3-2-1 (C), where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas and shall have a cul-de-sac or temporary cul-de-sac. The owner of 1022 West Street has submitted correspondence requesting an easement to the property be provided at the south end of the west side of the property. A reserve street may be required and held in public ownership.The applicant should be required to provide a revised preliminary plat showing a perpetual ingress/egress easement providing access to the portion of property at 1022 West State Street located north of Dry Creek. The revised preliminary plat should be provided prior to submittal of a design review application. • The applicant provided a preliminary plat landscape plan, date stamped by the City on February 23, 2023. The fencing exhibit shows solid style fencing located within the common lot located adjacent to the properties located at 1022 and 1208 West State Street. Pursuant to Eagle City Code Section 9-3-10, open style fencing is required adjacent to common areas. The applicant should be required to provide a revised fencing exhibit showing open style fencing located adjacent to the common area open spaces prior to execution of the development agreement associated with the rezone(RZ-01-23). • Pursuant to Eagle City Code Section 8-6-5-5(A)(3),setbacks for modified lot sizes are required to conform with the closest compatible base zone identified in Eagle City Code Section 8-24. The applicant is requesting a reduction of the required setbacks. The proposed setbacks shown on page PP-1 of the preliminary plat and referenced in the narrative are as follows: Front 30-feet(25-feet from back of sidewalk) 36-feet garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 8-11,Block 1 and Lots 1-6,Block 5) Interior Side 7.5-feet 1 st story—Plus 5-feet additional/story Street Side 20-feet Maximum Lot Coverage 50% The applicant is requesting a R-3-DA-P (Residential with a development agreement — PUD) zoning designation. The required setbacks within the R-3 (Residential)zone are as follows: Front 30-feet Rear 25-feet Side 7.5-feet,5-feet(each additional story) Street Side 20-feet Maximum Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in the minimum required front yard setback provided that the distance in no less than 20-feet within the R(Residential)zoning districts. * All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. The preliminary plat, date stamped by the City on June 27, 2022, shows a typical street section for the interior streets with 6-feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the property. Based upon the requested front setbacks measured from the property line, the applicant is in conformance with Eagle City Code Section 8-24. Page 15 of 33 KAPlanning Dept\Eagle ApFlicatims\SUBS\2023\Cape11a Estates Sub RZ MWarking FilesTapella Estates Sub CCF.dm However, the applicant does not address the allowance for a 5-foot reduction permitted for side entry garages. A side entry garage should be no less than 31-feet from the front property line based on Eagle City Code 8-2-4(G) which allows a 5-foot reduction for side load garages. The applicant is proposing a 30-foot rear yard setback for the lots adjacent to the western property line. As proposed, the rear yard setback meets or exceeds the rear yard setback required pursuant to Eagle City Code Section 8-2-4. The applicant is also requesting to increase the maximum lot coverage from 40% to 50% to provide more single-story homes. The smallest lot within the development is 10,510-square feet in size, based on a maximum lot coverage of 40% the maximum building footprint would be 4,204-square feet. At a 4,204-square foot minimum lot size a dwelling could be constructed with a three-car garage of over 1,200-square feet with approximately 3,000-square feet remaining for living area. The maximum lot coverage should not be increased since the lots are designed to be large enough to allow for single-story homes. It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 31-feet living(20-feet from back of sidewalk) 36-feet front load garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 8-11,Block 1 and Lots within Block 5) Interior Side 7.5-feet(first story),5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Page PP-5 Preliminary Engineering of the preliminary plat identifies the locations of proposed streetlights. The preliminary engineering plans show six(6) locations without streetlights in areas where streetlights should be required due to length of streets, community mailbox units, or common areas located on each side of a street.The six(6)locations are as follows: o Midblock on Talega between West Yellowstone and Adlon. o Midblock on Preakness between West Yellowstone and Adlon. o In proximity to the community mailbox unit located within Lot 7, Block 6, adjacent to West Yellowstone. o In proximity to the community mailbox unit located within Lot 6, Block 3, adjacent to Springhill. o On Stribling where Lot 6,Block 3,and Lot 11,Block 4, intersect Stribling. o Midblock on Adlon between West State Street and the intersection of Adlon and Talega. The applicant should be required to provide a revised Lighting Plan showing streetlights located at the following locations: o Midblock on Talega between West Yellowstone and Adlon. o Midblock on Preakness between West Yellowstone and Adlon. o In proximity to the community mailbox unit located within Lot 7, Block 6, adjacent to West Yellowstone. o In proximity to the community mailbox unit located within Lot 6, Block 3, adjacent to Springhill. o On Stribling where Lot 6,Block 3,and Lot 11,Block 4,intersect Stribling. Page 16 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape11a Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc o Midblock on Adlon between West State Street and the intersection of Adlon and Talega. The revised Lighting Plan should be submitted prior to submittal of a Design Review Application. • A portion of the proposed subdivision is located within a Special Flood Hazard Area (SFHA). 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 December 16, 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 December 16, 2022. The required pathways should be completed with the associated subdivision phase prior to the City Clerk signing the final plat for the respective phase. • The subject site consists of two (2) parcels and a portion of a third parcel (approximately .75- acres) under separate ownership. The third parcel is located adjacent to the entire northern property line of the proposed development. The applicant and the adjacent property owner have not submitted a lot line adjustment application associated with the third parcel. The applicant should work with the current owner of the adjacent property to the north to submit a lot line adjustment application. The lot line adjustment application should be reviewed and approved by staff and the City Engineer prior to recordation of the lot line adjustment record-of-survey. Upon City approval, the lot line adjustment record-of-survey should be recorded prior to execution of the development agreement. • Plat note 48 of the preliminary plat states, "Capella Estates Subdivision is located within a Special Flood Hazard Area (SFHA) as identified on the FIRM Panel 16001C0135J, (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 FIRM panel number identified within the plat note is incorrect and should be revised to state Panel 16001C0153J. Also, the effective date of the FIRM should be identified. The applicant should provide a revised preliminary plat with plat note #8 revised to state, "Capella Estates Subdivision is located within a Special Flood Hazard Area (SFHA) as identified on the FIRM Panel 16001C0153J, (effective June 19, 2020) and is 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. • Plat note #17 of the preliminary plat states, "Along Dry Creek, 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 and stabilization of the riverbank and the removal of the trees or other vegetation is regulated." • The plat note does not reference that no improvements are permitted. Also, the plat note is silent to the requirement that the riparian vegetation shall be maintained in its natural state to protect and stabilize the creek bank. The applicant should be required to provide a revised preliminary plat with plat note#17 revised to state, "Along Dry Creek, there shall be a 25-foot-wide riparian zone easement measured landward from the mean high water mark of the creek 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 Page 17 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape11a Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.d- regulated." 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 applications was held before the Planning and Zoning Commission on June 19, 2022, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by one (1) individual (not including the applicant/representative) who indicated the applicant has been communicating with him and he supports the proposed elevated privacy fence located in proximity to the shared property line. C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by four(4)individuals who indicated the following concerns: • The preliminary plat does not show any access easements to the adjacent unplatted property located north of Lots 11 and 12,Block 1. • The applicant is not proposing providing utilities to the adjacent unplatted parcels. • The applicant should be required to provide a public utility easement to 1230 West Hereford Drive. • The applicant should be required to show the current access easement associated with 1230 West Hereford Drive. • The applicant should be required to move the entrance to West State Street farther west from the proposed location. • The applicant should be required to provide a buffer to the adjacent unplatted properties adjacent to West State Street. • The proposed density is too high;therefore,the applicant should be required to reduce the number of lots. • Based on the proposed development in the area, West State Street will not have capacity to handle the additional traffic. • Traffic traveling through the adjacent Pine Ranch Subdivision will have a detrimental impact on the residents regarding the safety of kids who are traveling to and from their park. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by four(4)individuals who indicated the following concerns: • The applicant should be required to install a form of traffic calming on West Yellowstone Street between the two(2)subdivisions. • The applicant needs to provide an irrigation access easement to allow the adjacent neighbors to access the irrigation headgate. • They support the removal of one(1)residential lot located within Block 5. • Would like to have a landscape berm located where the entrance road curves to the east. • The property owner located to the south doesn't feel he should have to split his property to have an access easement. He would also like power, sewer, and water to be provided to his property. Page 18 of 33 KAPlanning Dept\Eagle ApplicationASUBS\202MCapella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc 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: 03:18:36): https://eagle-id.jzranicus.com/Tlayer/clii)/1749?meta id=84321 COMMISSION DECISION REGARDING THE REZONE: The Commission voted 4 to 1 (Smith against) to recommend approval RZ-01-23 for a rezone from A (Agricultural) to R-3-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 document,dated July 17,2023. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 1 (Smith against)to recommend approval of PP-01-23 for a preliminary plat for Capella Estates Subdivision (Exhibit "A") with the 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 AudioNideo Record https://eagle- id.granicus.com/player/clip/i772?meta id=86303): 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 four (4) individuals who indicated concerns with the following: • The alignment of the intersection at West State Street is not safe. • Based on the location of the entrance from West State Street it will negatively impact the enjoyment of the adjacent home due to the difference of the property elevation. • Concern with traffic adjacent to their residence. • The applicant should be required to provide a buffer to the adjacent unplatted properties adjacent to West State Street. • The proposed density is too high;therefore, the applicant should be required to reduce the number of lots. • The applicant should be required to delay construction until the construction of Benari Subdivision is completed. • The rezone should not be approved based on the agricultural use of the subject property. • Eagle should be purchasing the existing farmland to construct public parks. • The vehicular traffic from the subdivision will negatively impact West State Street. Page 19 of 33 K:\Plantfing Dept\Eagle Applications\SUBS\202MCapella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City Council by six(6)individuals who indicated the following: • The applicant should be required to provide a public utility easement located between Lots 11 and 12, Block 1, to allow for sewer and water to be provided to the adjacent property located to the north. • They are supportive of providing traffic calming measures located on West Yellowstone Street between Pine Ranch Subdivision and the proposed subdivision. • The applicant should be required to provide a no-build easement to protect the existing irrigation system serving Pine Ranch Subdivision. • A concern regarding the lack of a sidewalk in front of the adjacent property located along West State Street. • The applicant should be required to provide a pathway to allow the surrounding property owners access to the irrigation headgates. COUNCIL DECISION REGARDING THE REZONE: The Council voted 4 to 0 to approve RZ-01-23 for a rezone from A (Agricultural)to R-3-DA(Residential with a development agreement [in lieu of a PUD]) with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement: 3.1 The maximum density for the property shall be 2.14 dwelling units per acre(108-dwelling units). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing(i.e.dog-eared cedar fencing,chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation, law or ordinance Page 20 of 33 KAPlanning DeptTagle ApplicationASUBS\2023Capella Estates Sub RZ MWorking Files\Capella Estates Sub CCF.doc 3.5 The required setbacks shall be as follows: Front 31-feet living(20-feet from back of sidewalk) 36-feet front load garage(25-feet from back of sidewalk) Rear 25-feet 30-feet(Lots 8-11,Block 1,and Lots within Block 5) Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40%(50%for single-story only) 3.6 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit «E.» To assure compliance with this condition, the applicant shall create an architectural control committee(ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion,any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development signage,2)planting details within all common areas throughout the development, 3)elevation plans for all proposed common area structures and irrigation pump house (if proposed, and 4) useable amenities such as tot lot,picnic tables, covered shelters,benches,gazebos,and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.8 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 uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,and/or Central District Health,prior to issuance of any building permits. 3.9 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.10 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. 3.11 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property.The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. Page 21 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023\Capella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.dm COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-01-23 for a preliminary plat for Capella Estates Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-01-23. 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 which shows one(1)residential lot removed from Block 5,west of Talega and south of West Yellowstone. The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. The applicant shall be required to install a 6-foot high solid fence on top of a 2-foot high berm along the north side of Lots 1—A, Block 1, and the west side of Lots 8-11, Block 1,prior to the City Clerk signing the final plat for the associated phase. 6. Provide a revised preliminary plat showing a perpetual ingress/egress easement providing access to the portion of property at 1022 West State Street located north of Dry Creek. The revised preliminary plat should be provided prior to submittal of a design review application. 7. The applicant shall provide a revised Lighting Plan showing streetlights located at the following locations: o Midblock on Talega between West Yellowstone and Adlon. o Midblock on Preakness between West Yellowstone and Adlon. o In proximity to the community mailbox unit located within Lot 7, Block 6, adjacent to West Yellowstone. o In proximity to the community mailbox unit located within Lot 6,Block 3,adjacent to Springhill. o On Stribling where Lot 6, Block 3,and Lot 11,Block 4, intersect Stribling. o Midblock on Adlon between West State Street and the intersection of Adlon and Talega. The revised Lighting Plan shall be submitted prior to submittal of a Design Review Application. 8. The applicant shall be required to submit a floodplain development permit application associated with the area located within a Special Flood Hazard Area. 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. 9. The applicant shall comply with the site specific conditions as outlined in the Trails and Pathways Superintendent's memo, dated December 16, 2022. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat for the respective phase. 10. The applicant shall work with the current owner of the adjacent property to the north to submit a lot line adjustment application. The lot line adjustment application shall be reviewed and approved by staff and the City Engineer prior to recordation of the lot line adjustment record-of-survey.Upon City approval, the lot line adjustment record-of-survey shall be recorded prior to execution of the development agreement. Page 22 of 33 KAPlanning Dept\Eagle ApplicationASUBS\202MCapella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc 11. Provide a revised preliminary plat with plat note #8 revised to state, "Capella Estates Subdivision is located within a Special Flood Hazard Area(SFHA) as identified on the FIRM Panel 16001C0153J, (effective June 19, 2020) and is 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 plat note #17 revised to state, "Along Dry Creek, there shall be a 25-foot-wide riparian zone easement measured landward from the mean high water mark of the creek 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 shall be provided prior to submittal of a final plat application. 13. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot 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. 14. The developer shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. 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. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 15. The location and style of fencing (relative to solid or open style fencing) as shown on the Capella Estates Subdivision Preliminary Plat Landscape Plan (Fencing Plan, page L6), date stamped by the City on February 23, 2023, is approved. The specific style of fencing shall be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. 16. 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. 17. The Capella Estates Subdivision shall remain under the control of one Homeowners Association. 18. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. Page 23 of 33 KAPlanning Dept\Eagle App1ications\SUBS\2023\Cape11a Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc 19. 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. 20. 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. 21. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Capella Estates Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 22. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final development plan/final plat application. 23. Provide a revised preliminary plat with plat note #16 revised to state, "Lot 13, Block 1, has a perpetual ingress/egress access easement (Ada County instrument # ). The perpetual ingress/egress access shall run with the land and shall not be vacated without the express written consent of the City."The revised preliminary plat shall be provided prior to submittal of a final plat application. 24. The applicant shall be required to install a traffic calming measure on West Yellowstone Street at the entrance from Van Engelen Estates No. 1 Subdivision. The traffic calming measure shall be approved by ACHD(including location)and be installed 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. 1. 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. 2. 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. 3. 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). 4. 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. 5. 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. Page 24 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023\Capella Estates Sub RZ MWorking Files\Capella Estates Sub CCF.doc 6. 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. 7. 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 title 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 94-1-9(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. 8. 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. 9. 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. 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. 10. 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. Page 25 of 33 KAPlanning DeptTagle ApplicationASUBS\2023Tapella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc 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 Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet,and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction,and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 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. Page 26 of 33 KAPlanning Dept\Eagle ApplicationASUBS\2023Tapella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle 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 the staff and the City Engineer and shall be shown on the final plat prior to issuance of a building permit or Certificate of Occupancy,whichever occurs first. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the flood plain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 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, if a final plat application is not filed within two (2) years following City Council approval the preliminary plat application shall be null and void,unless a time extension is granted by the City Council. Page 27 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape11a Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc 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. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone(RZ-01-23)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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-3-DA (Residential with a development agreement [in lieu of a PUD]) is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist,or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-3-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the A-R (Agricultural-Residential) and R-1-DA (Residential with a development agreement) zones and land uses to the north since that area is developed with a residential subdivisions (Bakers Acres Subdivision and Downing Downs Subdivision) and the applicant is required to provide larger lots adjacent to the north property line and provide a privacy fence adjacent to the north property line of the development; d. The proposed R-3-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-4 (Residential) zone and land uses to the south since those areas could be developed with similar densities and the applicant is proposing to construct a privacy fence adjacent to the unplatted parcels; Page 28 of 33 K:\Planning Dept\Eagle App1imtions\SUBS\2023\Cape11a Estates Sub RZ MWorking Files\Capella Estates Sub CCF.dm e. The proposed R-3-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-3 (Residential) and R-4 zones and land uses to the east since those areas may be developed in a similar manner; f. The proposed R-3-DA-P (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-2(Residential)and A-R(Agricultural-Residential zones and land use to the west since those areas have been developed with residential subdivisions(Van Engelen Estates Subdivision No. 1 and Bakers Acres Subdivision). The applicant is required to provide lot sizing which provides a transition to the adjacent subdivisions.; 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 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 preliminary plat (with a development agreement in lieu of a PUD) is in the public interest, advances the general welfare of the community and neighborhood,and will not be detrimental to the economic welfare of the community. Capella Estates Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to offset the cost of supporting public services; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. Capella Estates Subdivision is designed to be compatible and harmonious with the existing subdivisions located adjacent to the site. The subdivision is designed with transitional lot sizing to blend with the adjacent subdivisions;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Capella Estates Subdivision is designed in a manner which is harmonious with existing residential subdivisions located adjacent to the site. The proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent subdivisions and unplatted parcel located east of the proposed development;and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Capella Estates Subdivision will be served by West State Street (minor arterial) and an internal street (West Yellowstone Street [local street]) which is connected to the adjacent subdivision. Also, ACHD is requiring the applicant to construct a stub street to provide connectivity east of the proposed subdivision;and Page 29 of 33 K1PIl ing Dept\Eagle Apphcations\SUBS\2023\Cape11a Estates Sub RZ MWorking Files\Capella Estates Sub CCF.doc 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. Capella Estates Subdivision will be served by West State Street (minor arterial). All central services (including police and fire protection) are available or may 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;and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, Veolia Water Idaho, Inc., and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 13.79-acres (25.4%) of open space. A total of 5.66- acres (41%) of the common area open space is active open space. The open space consists of common lots containing amenities,tot lot,dog park,pathways,and planter strips;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 connection to one(1)stub street to the adjacent subdivision located to the west which will provide infra-neighborhood connectivity. Access to the development will be provided from West State Street. The design and construction of the roadways and entrances is regulated by the Ada County Highway District;and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site was previously utilized for agricultures uses; therefore, no scenic or historic features of major importance exist on site. The applicant is also required to either preserve or mitigate for the removal of the remaining trees located within 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 Eagle Comprehensive Plan designates the property as Neighborhood Residential. The applicant is requesting a R-3-DA (Residential with a development agreement [in lieu of a PUD) to allow for flexibility in design while still maintaining a maximum density of the proposed development at 2.14-dwelling units per acre;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 applicant has requested approval of a rezone with a development agreement (in lieu of a PUD), and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition,the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and Page 30 of 33 KAPlanning Dept\Eagle ApplicationASUBS\202MCapella Estates Sub RZ PP\Working Files\Capella Estates Sub CCF.doc 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs(incorporating eleven (11)or more lots or dwelling units): in. 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 This development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by Veolia Water Idaho, Inc.. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to comply with the requirements and conditions of the Eagle Sewer District. Also, the owner will be required to provide proof of central sewer service to the proposed residential uses. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 25.4% of passive and active open space. The open space consists of common lots containing amenities, tot lot, dog park, pathways, and planter strips. 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 Capella Estates Homeowner's Association. The roads, sewer,and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Sanatation Service through a contract with the City of Eagle. Page 31 of 33 KAPlanning Dept\Eagle Applications\SUBS\2023\Cape1la Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$82,164.00/annually(with Homeowner's Exemption). p. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. 3. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-01- 23) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document; b. The subdivision will be served adequately by essential public facilities such as streets,police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of ACHD, Eagle Fire District, and Eagle Sewer District as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety, and environmental problems that were brought the Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. Page 32 of 33 KAPlanning Dept\Eagle Appliwtions\SUBS\2023\Cape1la Estates Sub RZ MWorking Files\Capella Estates Sub CCF.dm DATED this 22nd day of August,2023 CITY COUNCIL OF THE CITY OF EAGLE Ada County,Idaho J on Pi rce,Mayor EST: fie''• Q'�E ': O E. �®rrn, agle City -cok 4yacy c V 164 Page 33 of 33 K:Tlanning DepdEagle Applications\SUBS\2023\Capella Estates Sub RZ MWorking FilesTapella Estates Sub CCF.doc EXHIBIT jr)oH!E> 1N:3P4:30VNVV4 ?J30NOO OaVo IUNIN—d I ONIM3NION3 IwO ....... 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