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Findings - PZ - 2023 - A-04-23/RZ-05-23/PP-05-23 - Hevostila Subdivision - Annexation, Rzone from RUT [Rural-Urban Transistion - Ada County Designation] to R-4-DA [Residential with a Development Agreement (in Lieu of a PUD)] and Preliminary Plat
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT [RURAL-URBAN TRANSITION ) —ADA COUNTY DESIGNATION] ) TO R-4-DA [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT(IN LIEU ) OF A PUD)] AND PRELIMINARY PLAT ) FOR HEVOSTILA SUBDIVISION FOR ) CRITERION LAND MANAGEMENT- ) KODY DAFFER ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-04-23/RZ-05-23/PP-05-23 The above-entitled annexation,rezone with a development agreement(in lieu of a PUD),and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 21,2023,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, 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: Criterion Land Management — Kody Daffer, represented by Nicolette Womack with Kimley- Horn, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-4-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Hevostila Subdivision, a 38-lot (32-buildable, 6-common) residential subdivision. The 12.14-acre site is located on the south side of East Floating Feather Road approximately 355-feet west of the intersection of North Falling Water Avenue and East Floating Feather Road at 2385 East Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle Middle School (cafeteria) at 6:00 PM, on Tuesday, April 11,2023,in compliance with the application submittal requirement of Eagle City Code.The applications for this item were received by the City of Eagle on May 17, 2023. A revised preliminary plat was received by the City on June 16, 2023. A second revised preliminary plat was received by the City on July 28, 2023. A third revised preliminary plat was received by the City on August 11,2023. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on May 24, 2023, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on 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 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.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 May 17,2023 (attached to the staff report). G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Residential—Ada Single-family residence Residential County designation) and agriculture Proposed No Change R-4-DA(Residential with a Single-family residential Development Agreement subdivision [in lieu of a PUD]) North of site Neighborhood R-3 (Residential)and R-4 Single-family residential Residential (Residential) subdivisions(Yorkshire Acres and Berkshire Estates Subdivisions) South of site Compact Residential R-4-DA(Residential with a Single-family residential development agreement) subdivision(Rene Commons Subdivision) East of site Neighborhood R-4(Residential) Single-family residential Residential subdivision(Echohawk Estates Subdivision No. 2) West of site Neighborhood R-4(Residential) _ residential Residential (Melvin Eagle Pointe Subdivision No.9) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. SITE DATA: Total Acreage of Site— 12.12-acres Total Number of Lots—38 Residential—32 Commercial—0 Industrial—0 Common—6 Page 2 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc Total Number of Units—32 Single-family—32 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.64-units per acre 2.64-units per acre maximum (as limited within the development agreement) Minimum Lot Size 8,514-square feet 8,000-square feet(minimum) Minimum Lot Width 70-feet 70-feet(minimum) Minimum Street Frontage 35-feet 35-feet(minimum) Total Acreage of Common Area 2.84-acres 2.42-acres(minimum) Percent of Site as Common Area 23.4%(2.84-acres) 20%(minimum) Percent of Common Area Open 75%(2.13-acres) 15%(minimum)(.43-acres) Space as Active Open Space J. GENERAL SITE DESIGN FEATURES: Open Space: A total of 2.84-acres (approximately 23.4%) of open space is proposed within the subdivision. Approximately 2.13-acres (75%) of the proposed open space is considered to be "Open Space, Active"as defined by Eagle City Code Section 9-1-6. The open space is inclusive of the seven(7) common lots which are proposed to contain a centralized common area, three (3) common lots containing regional pathways (10-feet in width), and three (3) common area which are designed to provide a buffer area for corner lots. The centralized common area will contain trees around the perimeter of the common area,an eight-foot-wide(8')pathway, seating area, and a dog waste station. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: The preliminary plat, date stamped by the City on July 28, 2023, notes a 10-foot-wide public utilities, irrigation, and lot drainage easement located adjacent to the right-of-way and rear lot lines. The preliminary plat also notes a 5-foot-wide easement is located adjacent to any interior side lot line for public utilities,irrigation,and lot drainage. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. Page 3 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc On-site Septic System: The existing home is served by an individual septic system. Pressurized Irrigation: The applicant provided a preliminary irrigation report, date stamped by the City on June 16, 2023 (attached to the staff report). Preservation of Existing Natural Features: The site contains a few mature trees located in proximity to the existing home and along the canal within the southwest portion of the site. The applicant will be required to retain the trees or provide mitigation for removal. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: The public streets will be constructed based on the Local Road Section details shown on page 1 of 3 of the preliminary plat contained within the preliminary plat, date stamped by the City on August 11,2023. Blocks Less Than 500': None. Cul-de-sac Design:None proposed. Sidewalks: The applicant is proposing 5-foot-wide detached sidewalks separated by an 8-foot-wide planter strip on both side of the public streets. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator with the submittal of the final plat. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the City on August 11, 2023, shows a 10-foot-wide pedestrian pathway which runs the entire length of the western property line.The preliminary plat shows an 8-foot-wide pathway located within Lot 5, Blockl. The pathways provide pedestrian access through the common areas located between the internal streets. M. PUBLIC USES PROPOSED:None proposed. Page 4 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by 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. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—In close proximity to the southwest corner of the property. Riparian Vegetation—Yes,along the canal bank Steep Slopes—No Stream/Creek—Yes—Farmers Union Ditch Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—No Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Natural Features Analysis for Hevostila Estates Subdivision,date stamped by the City on May 17 (attached to the staff report). R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern,are noted below: City Engineer: All comments within the Engineer's letters dated June 29, 2023, are of special concern(attached to the staff report). ACHD Central District Health Eagle Fire Department Eagle Sewer District Idaho Transportation Department S. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION: City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated July 21,2023,are of special concern(attached to the staff report). T. LETTERS FROM THE PUBLIC(attached to the staff report): Correspondence received from Brian L. Sinderhoff,date stamped by the City on July 27,2023. U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision as a single-phase. Page 5 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Flevostila Sub PZF.doc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. CHAPTER 4:UTILITIES,FACILITIES AND SERVICES 4.2.3 Implementation Strategies E: Work with the school district,ACHD,and developers to establish access options for Eagle Schools via pathways and/or streets. CHAPTER 8: TRANSPORTATION 8.4.1 Roadway Strategies P: Local and collector streets through residential neighborhoods are recommended to provide connectivity while being designed to preserve the character of the surrounding neighborhoods through appropriate design techniques, including street width, traffic calming, and traffic control. The goal of the local street system is to provide for local circulation within Eagle and not for regional traffic. Cul-de-sac streets and private streets should be discouraged. In order to provide this connectivity,new developments should be required to stub access to adjacent undeveloped or underdeveloped parcels consistent with ACHD road spacing standards. All new developments should be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi- family and two-family units/developments are prohibited in R-1, R-2, R-3, R-4, and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all zoning districts except the city council may permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a determination that the public health, safety, and welfare will not be negatively impacted. Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. Page 6 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement,are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: — — Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area Zoning — - — Maximum (Acres Or Minimum District Maximum Front Rear Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-4 35' 20' 25' 7.5' 20' 40% 8,000 70' AEA G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3:Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: f. A map of the entire area scheduled for development if the proposed subdivision is a portion of a larger holding intended for subsequent development. A map shall be submitted showing the location of existing buildings,water bodies or courses and the location of currently dedicated streets at the point where they adjoin and/or are immediately adjacent;provided,that actual measured distances shall not be required; i. Streets, street names,rights of way and roadway widths,including adjoining streets or roadways; m. Any proposed or existing utilities, including, but not limited to, storm and sanitary sewers, irrigation laterals, ditches, drainages, bridges, culverts, water mains, fire hydrants and their respective profiles; • Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design: J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed within any subdivision provided at least one (1) of the lots has the minimum street frontage required in section 8-2-4 of this code. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-8:Underground Utilities: Underground utilities are required. Page 7 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc D. DISCUSSION (based on the preliminary plat, date stamped by the City on August 11, 2023, and the narrative, date stamped by the City on May 17, 2023): • The applicant is proposing the following setbacks: Front(Living) 20-feet Front(Garage) 25-feet(measured from back of sidewalk) Rear 25-feet Side 5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% The applicant is requesting an R-4-DA (Residential with a development agreement [in lieu of a PUD])zoning designation.Pursuant to Eagle City Code Section 8-2-4,the following setbacks are required within the R-4(Residential)zoning designations: Front 20-feet Rear 25-feet Interior Side 7.5-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% *All front load garages shall be setback a minimum of 25-feet from the back of sidewalk. It is staff's opinion that based on 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 20-feet(living and/or side entry garage) 31-feet(front-load garage) Rear 25-feet Interior Side 7.5-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • Plat note #23 of the preliminary plat states that Lots 11 and 15, Block 1, are servient to and contain an ACHD stormwater and drainage easement. Lots 11 and 15,Block 1,are buildable lots. The applicant should be required to provide a revised preliminary plat showing Lots 11 and 15, Block 1, reduced in width to include the area within the adjacent common lots to allow for the ACHD stormwater and drainage easement to be totally contained within the adjacent common lots. Plat note #23 of preliminary plat should be revised to remove the reference to Lots 11 and 15,Block 1. The revised preliminary plat should be provided prior to submittal of a design review application. • The preliminary plat (existing conditions) map shows the site contains existing overhead power lines to be grounded. There are two (2) power poles located south of the Farmers Union Canal which contain power lines which serve the subject site. The applicant should place all overhead power lines serving the site underground. After placing the power lines underground, the applicant should remove all power poles located within the site and remove the two (2) power poles located on the south side of the Farmers Union Canal prior to the City Clerk signing the final plat. Page 8 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc • The preliminary plat (existing conditions) map shows the site contains an existing dwelling and several accessory structures located in proximity to the southwest corner of the property.The map shows all but two (2) of the accessory structures are to be demolished. The applicant should be required to provide a revised preliminary plat (existing conditions) map showing all the existing structures located within the site to be demolished. A revised preliminary plat (existing conditions) map should be provided prior to submittal of a design review application. The existing structures should be removed prior to the City Clerk signing the final plat. • The preliminary plat shows a north/south unnamed street providing connectivity between Gleneagle Road and Hevostila Street. The applicant should be required to provide a revised preliminary plat showing the north/south street located between Gleneagle Road and Hevostila Street with a street name prior to submittal of a design review application. • The preliminary plat does not identify the location of existing well(s) and or septic system(s) located within the property. The applicant should be required to provide a revised preliminary plat showing the locations of any existing well(s) or septic system(s) within the property. The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant should be required to provide documentation indicating the existing well(s) and septic system(s)have been abandoned prior to the City Clerk signing the final plat. • The preliminary plat shows Lots 7 and 8,Block 2, and Lots 13 and 14,Block 2, as having shared driveways(as shown below). Although as proposed the proposed lots and shared driveways are in conformance with Eagle City Code Section 9-3-2-1(J), Eagle City Code Section 8-2-4 requires that residential lots have a minimum of 35-feet of frontage.As designed it appears the applicant is trying to add more lots without providing the required frontage required pursuant to Eagle City Code. The applicant should provide a revised preliminary plat showing Lots 7 and 14, Block 2, removed. The revised preliminary plat should be provided prior to submittal of a design review application. .I »an,�cuwsn • � vcr. 'Y"r _. 1` h 3} s I i I k[3 Ik is d al „msnaer ,_ max,r Y,• 14 r(6 nxwoty k axw7tr. IF t b tray -� ,oral art _ •s+�us �1 a Knr^. „ & -- •., any I � 1 I Page 9 of 22 K:\Planning Dept\Eagte Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Fi1es\Hevostila Sub PZF.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on August 21, 2023, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by one(1)individual who indicated the following concerns: • The plan does not call for perimeter fencing. The applicant should be required to construct an open style fence located between Lot 3,Block 3,and Berkshire Estates Subdivision. • Construction traffic should be required to utilize the public road which provides access to the site. • The applicant should ensure that buildable lots backing to buildable lots in the Echohawk, Bershire Estates, and Yorktown Acres Subdivisions have a similar number of stories. No multi- story home should be built that backs to a single story home in the adjacent subdivisions. • The pathway connecting to West Floating Feather Road should be constructed prior to issuance of a certificate of occupancy for a new home. 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.granicus.com/plaver/cl jp/1749?meta_id=84321 COMMISSION DECISION REGARDING THE REZONE: The Commission voted 5 to 0 to recommend approval pf A-04-23 and RZ-05-23 for a rezone from RUT (Rural-Urban Transition — Ada County designation) to R-4-DA (Residential with a development agreement (in lieu of a PUD) with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 2.642.48 dwelling units per acre (3240 single- family dwellings). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. Page 10 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc 3.4 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, common drives, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and the requirement cannot be modified and the homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D). All other fencing (i.e. dog-eared cedar fencing, vinyl, chain-link) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation,law or ordinance. 3.5 The required setbacks shall be as follows: Front 20-feet(living and/or side entry garage) 31-feet(front-load garage) Rear 25-feet Interior Side 7.5-feet(first story) 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating the Property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. A letter of approval shall be provided to the City from the Eagle Sewer District approving construction plans for each final plat phase prior to the issuance of a "Notice to Proceed" with construction letter. Prior to the issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to, the separation distance between an electrical transformer and structure. 3.8 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown on Exhibit E. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit E. If a building permit is denied, the applicant shall have the Page 11 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.9 Owner shall submit a design review application showing at a minimum: 1) proposed development signage,2)planting details within the proposed and required landscape island and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house(if proposed),4) landscape screening details of the irrigation pump house (if proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.10 All living trees shall be preserved unless otherwise determined by the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas(unless approved for removal by the City Council) shall be provided prior to the submittal of a final plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 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. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP-05-23 for a preliminary plat for Hevostila Estates Subdivision (Exhibit "A") with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-05-23. 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 showing the ACHD stormwater and drainage easement located entirely within the common lots (Lots 5 and 10, Block 1) Lots 11 and 15, Block 1, reduced in width easement to be to+ » + a ith ti a + Plat note #23 of preliminary plat shall be revised to remove the reference to Lots 11 and 15,Block 1. The revised preliminary plat shall be provided prior to submittal of a design review application. 5. The applicant shall place all overhead power lines serving the site underground. After placing the power lines underground, the applicant shall remove all power poles located within the site and remove the two (2) power poles located on the south side of the Farmers Union Canal prior to the City Clerk signing the final plat. 6. Provide a revised preliminary plat (existing conditions) map showing all the existing structures located within the site to be demolished. A revised preliminary plat(existing conditions)map shall be provided prior to submittal of a design review application. The existing structures shall be removed prior to the City Clerk signing the final plat. Page 12 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files'levostila Sub PZF.doc 7. Provide a revised preliminary plat showing the north/south street located between Gleneagle Road and Hevostila Street with a street name prior to submittal of a design review application. 8. Provide a revised preliminary plat showing the locations of any existing well(s) or septic system(s) within the property. The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat showing Lots 7 and 14,Block 2,with a minimum street frontage of 35-feet removed. The revised preliminary plat shall be provided prior to submittal of a design review application. 10. The applicant shall be required to comply with the Trails and Pathways Superintendent's memo dated July 21,2023,prior to the City Clerk signing the fmal plat. 11. Provide documentation from the subdivision contractor indicating the individual wells located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 12. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located on-site. Upon removal the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 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 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. 16. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). Page 13 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc 17. The Hevostila 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. 19. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 20. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Hevostila Estates Subdivision. The CEP Funding Plan shall be executed by the applicant and the City prior to the City Clerk signing the final plat. 21. 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. 22. The applicant shall replace the chain link fence located along the north property line of Lot 3, Block 3,with a 6-foot high black wrought iron(or equivalently looking)fence.The fencing material shall be reviewed and approved by the Design Review Board and City Council prior to installation. 23. The 10-foot wide concrete pathway located within Lot 1,Block 1,and Lots 1 and 2,Block 2,shall be constructed prior to issuance of the first certificate of occupancy for a residential dwelling. 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. 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. Page 14 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc 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 9-4-1-9(C)which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 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. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. Page 15 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\lIevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.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 16 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.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 fmal 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 fmal 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 fmal 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 17 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Fi1es\Hevostila Sub PZF.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 Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-23/RZ-05-23) 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-4-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-4-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-3 (Residential) and R-4 (Residential) zones and land use to the north since that area is developed with residential subdivisions(Yorkshire Acres Subdivision and Berkshire Estates Subdivision)with higher density; d. The proposed R-4-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-4-DA(Residential with a development agreement)zone and land use to the south since that area is developed with a residential subdivision (Rene Commons Subdivision)with higher density; Page 18 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc e. The proposed R-4-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-4 zone and land use to the east since that area is developed with a residential subdivision(Echohawk Estates Subdivision)with higher density; f. The proposed R-4-DA-P (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-4 (Residential) zone and land use to the west since that area is developed with a residential subdivision (Melvin's Eagle Pointe Subdivision No. 9) with higher density; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant will be required to submit applications to address the city's concerns regarding development within those areas prior to developing the property; and h. No non-conforming uses are expected to be created with this rezone. 2. The Commission 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. Hevostila 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. Hevostila Estates Subdivision is designed to be compatible and harmonious with the existing subdivisions located adjacent to the site;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Hevostila 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 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. Hevostila Estates Subdivision will be served by three (3) existing stub streets providing access to the site; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Hevostila Estates Subdivision will be served by three(3)existing stub streets. 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 Page 19 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Bevostila Subdivision A RZ PP\Working Files\H:evostila Sub PZF.doc 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 2.84-acres (23.4%) of open space. A total of 2.13- acres (75%) of the common area open space is active open space. The open space consists of common lots containing seating areas,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 three (3) stub streets to the adjacent subdivisions located to the north, east, and west which will provide intra-neighborhood connectivity. The design and construction of the roadways and entrances is regulated by the Ada County Highway District;and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The applicant is proposing to preserve several of the existing trees and will be required to mitigate for any trees proposed to be removed; 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-4-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 2.64-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 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): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Page 20 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc 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 23.4% of passive and active open space. The open space consists of common lots containing seating areas and pathways. Maintenance The maintenance of any private open space areas will be regulated by the Hevostila 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 Sanitation Service through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The 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$10,050.00/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. Page 21 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Filealevostila Sub PZF.doc 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-05-23) 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 Commision's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 5th day of September,2023. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman AT EST: ,,,�,,,.,,,,,,,..,,. EAG • 64) $.(•7.•• 0 A 7'<!•• Tracy E. ,Eagle City Cleric C. o • ATE O ,,,• Page 22 of 22 K:\Planning Dept\Eagle Applications\SUBS\2023\Hevostila Subdivision A RZ PP\Working Files\Hevostila Sub PZF.doc EXHIBIT OHVOI'31JV3 a.....0BN01930 ss.. H TXXG m vs.la ��aIQ-O c g 1VldAUVNIWll3Ud w�a°3.3ooua Ilyi18- ism- o h UJOHOialuijj ,4a., V4, g S31tl1S3 V111SOn3H g 't Ails? 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