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Findings - PZ - 2023 - A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23 - Everton Subdivision - Annexation and Rezone, Conditional Use Permit, Preliminary Development Plan and Preliminary Plat for Everton Sub
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ) ANNEXATION AND REZONE FROM RUT [RURAL ) -URBAN TRANSITION—ADA COUNTY DESIGNATION] ) TO R-1-DA-P [RESIDENTIAL WITH A DEVELOPMENT ) AGREEMENT—PUD],R-4-DA-P [RESIDENTIAL WITH ) A DEVELOPMENT AGREEMENT—PUD],R-6-DA-P ) [RESIDENTIAL WITH A DEVELOPMENT AGREEMENT ) —PUD],C-2-DA-P [GENERAL BUSINESS DISTRICT ) WITH A DEVELOPMENT AGREEMENT—PUD], ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY PLAT FOR ) EVERTON SUBDIVISION FOR TH LOST RIVER,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-01-23/RZ-02-23/CU-03-23/PPUD-02-23/PP-02-23 The above-entitled annexation,rezone with a development agreement,conditional use permit,preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on October 2,2023,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: TH Lost River, LLC, represented by Stephanie Hopkins, with KM Engineering, LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition—Ada County designation) to R-1-DA-P (Residential with a development agreement—PUD), R-4-DA-P (Residential with a development agreement—PUD), R-6-DA-P (Residential with a development agreement—PUD), and C-2-DA-P(General Business District with a development agreement—PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Everton Subdivision, a 241-lot (212-residential [138-single family, 74-single-familyattached], 11-commercial, 18- common) mixed use planned unit development. The 76.85-acre site is located at the northeast corner of State Highway 44 and North Palmer Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 660 East Civic Lane (Eagle City Hall Community Center) at 6:00 PM on Thursday, January 12, 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 March 9, 2023. A revised preliminary plat was submitted to the City on May 12, 2023. A second revised preliminary plat was submitted to the City on June 27, 2023. A third revised preliminary plat was submitted to the City on September 15, 2023. A fourth revised preliminary plat was submitted to the City on September 26,2023. Page 1 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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. 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 September 15, 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 September 15, 2023. The site was posted in accordance with the Eagle City Code on September 22,2023. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None. E. COMPANION APPLICATIONS:All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR A REZONE: See applicant's narrative, dated stamped by the City on March 9, 2023 (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on March 9, 2023 (attached to the staff report). The applicant provided a proposed development agreement, date stamped by the City on March 23,2023 (attached to the staff report). • Page 2 of 36 K:\Planning Dept\Eagle Applications\Preiminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Single-family residence and Residential, Transition—Ada County agriculture Residential designation) Transition Overlay, and Scenic Corridor Proposed No Change R-1-DA-P,R-4-DA-P, Single-family(attached and and R-6-DA-P detached)residential and (Residential with a commercial planned unit development agreement— development PUD) and C-2-DA-P,R- 4-DA-P North of site Neighborhood R-2-DA-P(Residential Single-family residential Residential with a development subdivisions(Snoqualmie agreement—PUD) Falls Subdivisions part of the Legacy development) South of site Professional RUT(Rural-Urban Single-family residential Office/Business Park Transition—Ada County subdivision(Honalee and Scenic Corridor designation) Subdivision) East of site Neighborhood RUT(Rural-Urban Single-family residences Residential, Transition—Ada County located within an unplatted Residential designation) parcel and a single-family Transition Overlay, residential subdivision and Scenic Corridor (Lincoln Park Subdivision) West of site City of Eagle RUT(Rural-Urban Proposed Cascade Springs Mixed Use and Transition—Ada County Subdivision(Single-family Residential designation) detached and attached residential),proposed Transition Overlay Fountain Park Subdivision, City of Star single-family residence, and Commercial,Mixed agricultural properties Use,and Neighborhood Residential DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA. Page 3 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc J. SITE DATA: Total Acreage of Site—76.85-acres Total Number of Lots—241 Residential—212 (138 single-family detached and 74 single- family attached) Commercial— 11 Industrial—0 Common— 18 (inclusive of 3 shared driveways) Total Number of Units—212 Single-family— 138 Single-family attached—74 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 3.02-dwelling units/acre(not 2.98-dwelling units/acre(as inclusive of the commercial limited by the development area) agreement) Minimum Lot Size 2,880-square feet(R-6) 1,600-square feet(R-6) 6,050-square feet(R-4) 8,000-square feet(R-4) 22,504-square feet(R-1) 37,000-square feet(R-1) 21,792-square feet(C-2) 1,300-square feet(C-2) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)—pursuant to ECC Section 8-6-6-5(A). The offsetting increase of the required percentage in open space has been provided. Minimum Lot Width 30-feet(R-6) 20-feet(minimum)(R-6) • 50-feet(R-4) 70-feet(minimum)(R-4) 130-feet(R-1) 100-feet(minimum)(R-1) • 110-feet(C-2) 25-feet(minimum)(C-2) Page 4 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everson Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc Additional Site Data Proposed Required Minimum Street Frontage 30-feet 20-feet(R-6) 0-feet(accessed from shared 35-feet(R-1 and R-4) driveway) Total Acreage of Common Area Open 20.87-Acres(inclusive of 14.02-acres(minimum) Space* planter strips) Percent of Site as Common Area 27.1% 20%(minimum) Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs Percent of Common Area Open Space 61%(12.81-acres) 15%(minimum)(2.1-acres) as Active Open Space * A reduction in minimum lot sizes may be permitted within a planned unit development with an offsetting increase in open space. K. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 50-foot-wide landscape buffer between North Palmer Lane and the residential portion of the development. The proposed width of the buffer area is in conformance with Eagle City Code section 8-2A-7(J)(4)(a). Common Area Open Space: A total of 20.87-acres, approximately 27.1% of open space, is proposed within the residential subdivision. Approximately 12.81-acres (61%) 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, pickleball courts, swimming pool, pathways, and planter strips as shown on the preliminary landscape plan,date stamped by the City on September 15,2023. Commercial Area: The development will contain 11-commercial lots consisting of 6.72-acres in area. The lots vary in size from 21,792-square feet to 39,131-square feet with an average lot size of approximately 26,614-square feet. The applicant is requesting a C-2-DA-P (General Business District with a development agreement— PUD) zoning designation to allow for uses more intensive than those permitted within a C-1 (Neighborhood Business District). 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. Page 5 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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. The proposed easement widths are in conformance with Eagle City Code. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the joint Middleton and Star Fire Protection District. The water system will be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon completion by the applicant and acceptance by the City. On-site Septic System—Yes The site contains an existing residential dwelling. The applicant will be required to provide proof indicating the septic system has been abandoned. Pressurized Irrigation: The applicant provided a revised Pressure Irrigation Report, date stamped by the City on May 12, 2023, which has been reviewed and recommended for approval by the City Engineer(attached to the staff report). Preservation of Existing Natural Features: There are a few mature trees located in proximity to the existing dwelling centrally located along North Palmer Lane. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. 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. L. STREET DESIGN: Public Streets: The public streets are to be designed and constructed as required pursuant to the ACHD report, date stamped by the City on August 23,2023. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None proposed. Cul-de-sac Design:None proposed. Sidewalks: The preliminary plat, date stamped by the City on September 26, 2023, shows typical street sections for the internal public streets with detached 5-foot-wide sidewalks separated by an 8- foot-wide landscape planter strip. The preliminary plat shows a 10-foot-wide sidewalk separated by an 8-foot-wide borrow ditch located on the east side of North Palmer Lane. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Page 6 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of a design review application. 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. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See Trails and Pathways Superintendent's memo dated May 23, 2023 (attached to the staff report). N. PUBLIC USES PROPOSED: The applicant is required to provide public pathways adjacent to the Middleton Mill Canal and the Drainage District No. 2 drainage ditch. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will receive potable water from the City of Eagle Municipal Water System. Eagle Sewer District will provide central sewer. The property will receive fire protection from the joint Middleton and Star Fire Protection District and police protection from the Eagle Police Department. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—no Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes—located around the existing dwelling located at 320 North Palmer Lane and the drainage ditch traversing the southern portion of the property Riparian Vegetation—no Steep Slopes—no Stream/Creek—yes—drainage ditch and irrigation ditch Unique Animal Life—no Unique Plant Life—no Unstable Soils—no Wildlife Habitat—unknown R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Natural Features Analysis, date stamped by the City on March 9, 2023 (attached to the staff report). S. 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 Central District Health Department Page 7 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everson Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc COMPASS Eagle Sewer District Idaho Department of Fish and Game Sawtooth Law Middleton and Star Fire Protection District City Engineer: All comments within the engineer's letter dated May 31, 2023, are of special concern(attached to the staff report). City Water Superintendent: Storage and Trunk Line (STL) Fee Waiver Request — Memo approving waiver to delay payment of Eagle Municipal Water STL fees, dated March 9, 2023, (attached to the staff report). T. 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 May 23,2023, are of special concern(attached to the staff report). U. LETTERS FROM THE PUBLIC:None received to date. V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant has provided a Conceptual Phasing Plan, date stamped by the City on September 15, 2023, shows six (6) phases of development. A time schedule for development of the phases was not submitted. W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic, noise, smoke,fumes,glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Page 8 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating eleven (11)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. 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: 6.3 Land Use Designations The Comprehensive Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per acre. Residential Transition Overlay Residential development that provides for a transition between land use categories and uses. Commonly requires a transition/change in density, lot sizing, and building scaling with a specific parcel or project. Base densities may be reduced, or units may be clustered to increase open space within a portion of a site when property is in this overlay. Neighborhood design will be paramount in this overlay to ensure appropriate transition between uses. See specific planning areas for further description. Page 9 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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 W. Limit non-residential uses to designated areas. The scaling, design, and intensity of these areas will be paramount to the approval of these uses. 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. 6.7 Floating Feather Planning Area 6.7.1 Floating Feather Land Uses A. Encourage the integration of mixed residential lot sizes with an overall density of 1-2 units per acre; clustering should be used to accommodate open space and unique neighborhood design(i.e. view corridors,boulevards, and green spaces). B. Ancillary neighborhood commercial and retail uses should be designed and scaled for serving the immediate neighborhood within the Floating Feather Planning Area. Non-residential uses should be designed to create a center that is integrated into the residential community including pedestrian/bicycle access, continuity of design and scaling with residential uses. Strip commercial should not be allowed. C Development should be setback from streams and irrigation/drainage canals. These areas should be incorporated into trails and open spaces. D. Transitional lot sizes and clustering should be used when new development abuts existing subdivisions,businesses, and office uses to the south of the planning area. 6.7.3 Floating Feather Design A. This area should be recognized as a signature residential area for the City. The integration of varying lot sizes, housing types, and uses should be seamless with continuity of street design, open space, and trails throughout the area. D. Lot configuration and housing styles should be mixed throughout the area to provide a variety of housing options within a single neighborhood or development. Lot sizing may be varied as long as the overall density is not exceeded. 6.7.4 Issues of Concern A. The main concerns in the development of the Floating Feather Planning Area are the integration of varying lot sizes and housing styles. The vision for the area is contingent on the integration of uses and providing a flow of housing units throughout the area to avoid creating defined separation from estate areas and patio home areas. Further, the provision of open space and trails through the area should be a key element in the approval process for developments that are proposed in the area. Page 10 of 36 K:\Planning Dept\Eagle Applications\Prebminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.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, 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 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. C-1 NEIGHBORHOOD BUSINESS DISTRICT: To permit the establishment of convenience business uses which tend to meet the daily needs of the residents of an immediate neighborhood while establishing development standards that prevent adverse effects on residential uses adjoining a C-1 district. Such districts are typically appropriate for small shopping clusters or integrated shopping centers located within residential neighborhoods. C-2 GENERAL BUSINESS DISTRICT: To permit the establishment of areas for commercial uses allowed in other commercial zones and commercial uses which are more intensive than those permitted in other commercial zones. Uses that complement rather than compete with the uses allowed within the CBD zoning district shall be encouraged. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-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 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area Zoning Maximum Maximum (Acres Or Minimum District Height Front Rear Interior Street Lot Covered Square Lot Side Side F And J* Feet)H* Width I* R-1 35' 30' 30' 15' 30' 35% 37,000 I fg' R-4 35' 20' 25' 7.5' 20' 40% 8,000 R-6 35' 20' 15' 5' 20' N/A 1,600 20' (single- 10'if 5'if 0' for family alley alley common attached load load wall dwellings) f C-1 0 35' 15' 0' 0' I 10' I 50% 2,000 25' Page 11 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP Working Files\Everton Sub PZF.doc C-2 35' 0' 0' 0' 0' 92% II 1,300 1 25' 1 G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. I. Minimum lot frontage: The minimum lot frontage for all residential zoning districts shall be the minimum lot width specified within the zoning district or 35-feet,whichever is less. • Eagle City Code Section 8-2A-7 (C): Landscape and Buffer Area Requirements: 2. Removal And Replacement Of Existing Trees: a. Where trees are approved by the city to be removed, replacement with a species identified in section 8-2A-7Q of this article is required. For each caliper inch of deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For each vertical foot of coniferous tree removed, an equivalent amount of vertical feet shall be replanted. Example: An eight inch (8") caliper deciduous tree is removed, an acceptable replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot (12') tall coniferous tree is removed, an acceptable replacement would be two (2) six feet (6') tall coniferous trees. c. Unless it is determined by the city that replacement is necessary to preserve and/or restore riparian and wildlife habitat, removal of the following trees shall not otherwise require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and silver maple. Trees which are weak wooded, weak branched, suckering, damaged, diseased, insect infested, or containing similar maladies may be exempt from replacement if removal is first approved by the city. • Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy,potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width,plantings, and fencing are as follows: a. Any road designated as a collector on the master street typologies map in the Eagle comprehensive plan: A minimum of thirty five feet(35')wide buffer area(not including right of way) shall be provided with the following plants per one hundred (100)linear feet of right of way: four (4)shade trees, five(5)evergreen trees, and twenty four(24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative Page 12 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-3-3: Supplemental Yard and Height Regulations: In addition to all yard regulations specified in section 8-2-4 of this title, and in other sections of this title,the following provisions shall be adhered to: B. Fences: 2. New fencing located adjacent to any street identified as a collector or arterial on the master street map typologies map in the Eagle comprehensive plan, and on the street side of all corner lots, shall be an open fencing style such as wrought iron or other similar see through, decorative, durable fencing material, except as otherwise may be permitted in subsection 8-2A-7J of this title. Any wooden fence that existed prior to the effective date hereof,may be rebuilt upon the fence's original footprint provided the fence has a picture frame appearance as shown in the EASD book. 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. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent(20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design Page 13 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography,view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping(such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 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: 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 9-3-5: Lots: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Easement width shall be ten (10') feet along rear and front lot lines and five feet along each side lot line, except that lesser easement widths, to coincide with respective setbacks,may be considered as part of a planned unit development. B. A five foot (5') wide unobstructed drainageway easement shall be provided in conjunction with the utility easement along each side lot line or as required by the city council, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of a planned unit development. • 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. Page 14 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc • 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. • Eagle City Code Section 9-4-1-8:Underground Utilities: Underground utilities are required. D. DISCUSSION(based on the preliminary plat, date stamped by the City on September 26, 2023): • The proposed development is located within the City of Eagle's Municipal Water Service Area.Pursuant to Resolution No. 8-09,payment of Storage and Trunk Line(STL)fee is to be provided at the time of preliminary and final plat. The amount for STL fee is $2,100/Equivalency Residential Customer (ERC) is equivalent to each residential buildable lot. The ERC calculations for commercial uses are based on the size of the water meter. The applicant has submitted a request for waiver to the City of Eagle Water Department, date stamped by the City on March 9,2023,to delay paying the required STL fee.The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. Based on 212 residential lots, the total STL fee required for the subdivision is $445,200.00. The STL fee required at the time of preliminary plat is $185,843.44, which is not inclusive of the commercial area. The STL fee for commercial uses is based on meter size, at this time the meter size is undetermined since the uses have not been identified. The applicant received approval from the City of Eagle Water Department(of the waiver request) on March 9, 2023. The applicant should be required to pay the required $185,843.44 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat application. The applicant should be required to pay the Storage Trunk Line fee (based on meter size) for the commercial uses at the time of application for building permit(s). The city is currently working towards adopting water system development fees (to be paid at the time of issuance of a building permit) to replace the required STL fees. In the event the City adopts water system development fees prior to submittal of a final plat application the payment of the STL fees shall not be required. The required water system development fees shall be paid prior to the issuance of each building permit. • The subdivision is proposed with 11-comercial lots (approximately 6.72-acres) located adjacent to State Highway 44 and approximately 650-feet adjacent to North Palmer Lane. Internal to the site the commercial area is located across the street(local street) from single- family attached dwellings. The applicant is requesting a C-2-DA-P (General Business District with a development agreement—PUD) zoning designation for the commercial area. The C-2 zoning district allows a maximum 92% lot coverage, whereas the C-1 (Neighborhood Commercial) zoning district allows a maximum 50% lot coverage. The C-2 zoning district permitted uses within the C-2 zoning designation are more intensive than the permitted uses within the C-1 zoning district; therefore, the uses may have a negative impact to the adjacent residential properties based on hours of operation, noise, and traffic. If the Council approves the application staff recommends that the commercial area be rezoned to C-1-DA-P (Neighborhood Business District with a development agreement — PUD) or the following uses within the C-2 zoning district be prohibited: o Automotive body shop o Automotive gas station or fuel islands Page 15 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc o Automotive gas station/service shop o Automotive repair o Building supply outlet o Cabinet shop o Coffee roasting facility o Commercial entertainment facilities(outdoor) o Contractor's yard and/or shop o Convenience store with fuel service o Live entertainment events o Machine shop o Restaurant(drive-in) o Storage fenced area o Tire shop,including recapping o Truck and equipment repair and sales(heavy) o Welding,tool shop o Woodworking shop • The applicant is proposing single-family attached dwellings located within the area south of the drainage ditch. The garages of the proposed single-family attached dwelling units will be front loaded from the public streets. The lots vary in width from 24-feet to 35-feet. Based on the width of the driveways serving the dwellings on-street parking will be limited. To create additional on-street parking which will not be affected by the driveway locations, the applicant should be required to provide a revised preliminary plat showing a north-south alley providing access to the single-family attached dwelling units located within Block 2. The alley location should be reviewed and approved by ACHD prior to submittal of fmal development plan and fmal plat applications. • As part of the planned unit development process, the applicant may request setbacks that differ from the setback required pursuant to Eagle City Code Section 8-2-4. The applicant is requesting that the rear and side setbacks within the R-4 zone be reduced from 25-feet to 15- feet and 7.5-feet to 5-feet respectively. PP5.1 of the preliminary plat shows a typical street section for the interior streets with 7-feet of the 8-foot-wide planter strip and the 5-foot-wide detached sidewalk being located within the buildable lot. Eagle City Code Section 8-2-4(G) requires all front load garages shall be setback 25-feet from back of sidewalk. To accommodate the garage setback from the property line the setback within the R-4 and R-6 zoning designations would need to be 32- feet from the property line to be in conformance with Eagle City Code Section 8-2-4. Based upon the location of the detached sidewalks, a side entry garage should be no less than 21- feet from the property line. 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: R-1 Zone: • Front: 30-feet(living area) 32-feet(front-load garage) Rear: 30-feet Side: 15-feet(first story)5-feet(each additional story) Street Side: 30-feet Maximum Lot Coverage: 35% Page 16 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc R-4 Zone: Front: 20-feet(living area) 32-feet(front-load garage) Rear: 15-feet Side: 5-feet(first story)5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50% R-6 Zone(Single-family attached)(excluding Block 2): Front: 20-feet(living area) 32-feet(front-load garage) Rear: 15-feet Side: 5-feet(0-feet for common wall) Street Side: 20-feet Maximum Lot Coverage:N/A R-6 Zone(Single-family attached)(Block 2): Front: 20-feet(living area) Rear: 5-feet Side: 5-feet(0-feet for common wall) Street Side: 20-feet Maximum Lot Coverage:N/A C-2 Zone: Front: 15-feet Rear: 0-feet Side: 0-feet(provide a total of 12-feet between each dwelling unit) Street Side: 10-feet Maximum Lot Coverage: 50% • The applicant is requesting to rezone the property north of the drainage ditch along the east property line to R-1-DA-P (Residential with a development agreement— PUD). Pursuant to Eagle City Code Section 8-2-4, the R-1 zoning district has a minimum lot size of 37,000- square feet. As part of the planned unit development process the applicant may request a reduction in lot sizing if an offsetting increase in open space is provided. However, 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. Lots 24-31 and 53-56, Block 7, located along the east property line adjacent to Lincoln Park Subdivision vary in size from 22,504-square feet to 29,618-square feet with an average lot size of approximately 24,973- square feet. Lincoln Park Subdivision has a zoning designation of RUT (Residential-Urban Transition—Ada County designation)which has a minimum lot size of 5.0-acres. The six (6) lots located within Lincoln Park Subdivision adjacent to the proposed development vary in size from 4.52-acres and 5.61-acres. To provide a transition of lot sizing to the east, the applicant should be required to provide a revised preliminary plat which shows one (1) residential lot removed along the east property line north of the Middleton Mill Canal and two (2) lots removed along the east property line between the drainage ditch and the Middleton Mill Canal. The lot sizing within the R-1-DA-P zoning district should be a Page 17 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc minimum of 33,295-square feet. The revised preliminary plat should be provided prior to submittal of final development plan and final plat applications. • The applicant has provided architectural elevations showing the styles of homes to be constructed within the development. If the applications are approved, the architectural elevations will be included as an exhibit to the findings of fact and conclusions of law and subsequently included within the development agreement. The applicant should establish an Architectural Control Committee (ACC) as a component to the CC&Rs. The submittal of a building permit application to the city for each structure within the development should be accompanied by an approval letter from the ACC. Also, no similar front elevation (utilizing the same architectural style or color)of any residential dwelling shall be duplicated: o Within five(5)lots measured from each side lot line; o Directly across the street and within five(5) lots(measured from each side lot line); and o Directly behind any lot and within five(5)lots(measured from each side lot line). • Page PPL8.0 Preliminary Plat Fence Plan (contained within the Preliminary Plat Landscape Plan), date stamped by the City on September 15, 2023, shows the fence styles and locations of the proposed fencing within the development. The fence style reference photos numbers 17 and 18 (identified on the preliminary plat fence plan) show styles of fencing at locations which are not in conformance with styles of fencing required adjacent to common areas and the street side of all corner lots. The columns shown on reference photo number 17 are not decorative columns as required pursuant to Eagle City Code 9-3-10. The applicant should be required to provide a revised fence plan showing all fencing located adjacent to common areas and the street side of all common lots to be in conformance with Eagle City Code Section 9-3-10. The revised fence plan should be submitted prior to submittal of a design review application. • The applicant provided a Site Plan Exhibit — Street Lighting, date stamped by the City on March 22, 2023, which shows the locations of proposed streetlights. The Site Plan Exhibit— Street Lighting show 14 locations without streetlights in areas where streetlights should be required due to length of streets, intersections, or common areas located on each side of a street. The 14 locations are as follows: o Intersection of Morehouse Avenue and Sweet Pine Street. o Intersection of Sweet Pine Street and Harvest Hill Avenue. o Midblock on Muller Drive in alignment with the common areas (Lot 24, Block 3 and Lot 16,Block 7). o Intersection of Red Boot Drive and Harvest Hill Avenue. o Midblock on Red Boot Drive at the midpoint of Lot 26,Block 6. o Intersection of Red Boot Drive and Morehouse Avenue. o Intersection of Morehouse Avenue and Eagledale Street. o Midblock of Eagledale Street between N.Alidade Avenue and Harvest Hill Avenue. o Intersection of Eagledale Street and Harvest Hill Avenue. o Intersection of Harvest Hill Avenue and Ruggles Street. o Ruggles Street in alignment with Lot 7,Block 9. o Intersection of Ruggles Street and Morehouse Avenue. Page 18 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc o Intersection of Morehouse Avenue and Cavendale Drive. o Intersection of Harvest Hill Avenue and Cavedale Drive. The applicant should be required to provide a revised Site Plan Exhibit — Street Lighting showing the additional streets lights identified above prior to submittal of a design review application. • The preliminary plat (existing conditions) map shows the site contains an existing dwelling, several accessory structures, and a stable located on the east side at 320 North Palmer Lane. The map does not identify if the structures are to be removed. The applicant should be required to provide a revised preliminary plat (existing conditions) map showing all the existing structures and stable located within the site to be removed. A revised preliminary plat (existing conditions) map should be provided prior to submittal of a design review application. The existing structures and stable should be removed prior to the City Clerk signing the final plat. • The preliminary plat (existing conditions) map 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 (existing conditions) map shows overhead power serving the existing house, two (2) sheds, and the garage. The applicant should be required to bury all above ground utilities (other than transmission lines within the right of way)prior to the City Clerk signing the first fmal plat. • Page PP5.0 of the preliminary plat (preliminary engineering) map shows the Middleton Mill Canal is to be relocated. The preliminary plat (preliminary engineering) map also shows an existing diversion for the Middleton Mill Canal is to be removed. Prior to relocation of the Middleton Mill Canal and removal of the existing diversion structure, the applicant should provide a letter from the Middleton Mill Ditch Company approving the relocation of the canal and any encroachments of the canal company's facilities. The owners should also provide a copy of any License Agreement associated with the site prior to the commencement of construction of any improvements on the site. • The preliminary plat shows Lots 12 and 13, Block 4, Lots 3 and 4, Block 8, and Lots 12 and 13, Block 8, as having shared driveways (as shown below). 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 frontage required pursuant to Eagle City Code. The applicant should provide a revised preliminary plat showing Lot 14, Block 4, and Lots 2 and 11, Block 8 removed. The revised preliminary plat should show all buildable lots with the required street frontage. The revised preliminary plat should be provided prior to submittal of a design review application. Page 19 of 36 K:\Planning Dept\Eagle Applications\Prebminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP Working Files\Everton Sub PZF.doc :'T::G::::r:::: �':... ' 0 :: 12 11 11 IS 40 ® :• 19 RED BD07 I:': • 1: • pql '^q M • 13 O O 10 I •(;:; 0f/p-�' 11 BIOCK a '' '4:of;4•. '•'•"•'•'•'•'•"•'•'•"�'• W.WIIOER FARMS DRIVE p Lot 13, Block 4 Lot3,Block 8 Lot 12,Block 8 • The southern property line of the subject property abuts State Highway 44 which may present a scenario where the area of land between the edge of pavement and the beginning of the subject property is not landscaped or maintained. The applicant should be required to landscape and maintain the area between the southerly property line to within 9-feet of the paved surface of State Highway 44. The landscape plan should consist of sodded turf and be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The Owner should provide a recorded copy of the ITD license agreement associated with the landscaping located within the right-of-way area. The landscaping should be installed prior to the City Clerk signing the final plat. PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record https://eagle- id.granicus.com/player/clip/1790?meta_id=875 19): A. A public hearing on the applications was held before the Planning and Zoning Commission on October 2, 2023, at which time public 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 two (2) individuals (not including the applicant/representative) who indicated the subdivision is well designed to provide a transition of lot sizing towards the adjacent properties and they look forward to having commercial uses located within the immediate area. 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 five (5) individuals who indicated they support the proposed subdivision, however they have the following concerns: • Request privacy fencing along the eastern property line. The bottom of the privacy fencing needs to be at the grade of the finished lot. • The applicant should be required to reduce the number of streetlights located within the development. • The intersection of North Palmer Lane and State Highway 44 needs to be signalized. • The southern entrance into the commercial area should be located to allow a street alignment across North Palmer Lane. • The applicant should be required to address routing of construction traffic associated with the proposed subdivision. • The applicant should be required to provide additional open space amenities, so the residents of the proposed subdivision are not utilizing the amenities located within the Legacy development. Page 20 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc • The applicant should be required to address the proposed irrigation associated with the proposed subdivision. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. A summary of the deliberation can be found at the following link (Granicus time: 01:51:00): COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 3 to 0 (McLaughlin absent)to recommend approval of A-01-23 and RZ-02-23 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement—PUD) with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 2.98 dwelling units per acre (135 single-family detached and 74 single-family attached 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. 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 21 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc (d) A requirement for establishing a Conservation Education Program(CEP)Assessment Fee. The homeowner's association shall be responsible for the collection of the CEP Assessment Fees and depositing the CEP Assessment Fees collected in fund established by the City for use in the Conservation Education Program Funding Plan. 3.5 Except for the limitations and allowances expressly set forth above and the other terms of this Agreement, the Property can be developed and used consistent with the C-2 (General Business District) land uses allowed by the Eagle City Code Section 8-2-3 "Official Schedule of District Regulations", existing at the time a design review application or conditional use permit application (whichever the case may be)is made for individual building use. All uses shown as"P"permitted under the C-2 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be considered permitted uses and all uses shown as "C" conditional uses under the C-2 zoning designation shall require a conditional use permit. The following uses which are shown as "C" conditional uses under the C-2 zoning designation within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations," shall be prohibited uses on the Property: • Automotive body shop • Automotive gas station or fuel islands • Automotive gas station/service shop • Automotive repair • Building supply outlet • Cabinet shop • Coffee roasting facility • Commercial entertainment facilities(outdoor) • Contractor's yard and/or shop • Convenience store with fuel service • Live entertainment events • Machine shop • Storage fenced area • Tire shop,including recapping • Truck and equipment repair and sales(heavy) • Welding,tool shop • Woodworking shop 3.5.1 Any building with a proposed drive-thru shall include a minimum forty-eight inch(48")high berm (measured from the centerline of the adjacent roadway), decorative block wall, minimum forty-eight inch (48") high landscaping, or combination thereof shall be provided adjacent to the drive-thru lanes or a minimum forty-eight inch (48") grade separation (measured from the centerline of the adjacent roadway) to reduce the impact of the vehicles utilizing the drive-thru lanes(i.e.vehicle headlights and vehicle cueing). 3.6 Commercial buildings shall not exceed 15,000-square feet in size. The total square footage of the building area for commercial uses within Property shall not exceed 100,000-square feet. 3.7 Owner shall submit a design review application(s) 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 pool house, tot lot, picnic tables, covered shelters, benches, Page 22 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc gazebos,and/or similar amenities. Building placement shall be designed such that parking areas are not concentrated between the buildings and roadways having a collector status or higher. Commercial/retail buildings, single- family attached dwellings, and common area amenities shall be required to meet the design review requirements as set forth in the Eagle Architecture and Site Design (EASD) Book. Eagle Design Review Board and Eagle City Council approval of the detailed architectural plans is required prior to the issuance of building permits for commercial/retail buildings, single-family attached dwellings, common area amenities, pumphouse for irrigation, and structures located within the Subdivision Common Area(as shown on Exhibit C). The design review application(s) shall be reviewed and approved by the Design Review Board and City Council prior to the submittal of a final plat application. 3.8 All buildings shall be designed in compliance with Eagle City Code Section 8-2A. Permitted architecture styles are specifically those shown within the Eagle Architecture and Site Design Book (EASD Book). Architecture styles and building design elements that are not shown with the EASD Book will not be permitted. 3.9 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit «E„ No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall be duplicated: o Within five(5)lots measured from each side lot line; o Directly across the street and within five(5)lots(measured from each side lot line); and o Directly behind any lot and within five(5)lots(measured from each side lot line). 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. 3.10 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. 3.11 Owner shall comply with all of Idaho Power Company requirements, including, but not limited to, the separation distance between an electrical transformer and structure. 3.12 Owner shall comply with all pathway requirements as identified in Exhibit"F"provided within the Parks, Pathways, and Recreation Commission Pathway and Recreation Recommendation memorandum dated, May 23, 2023. All pathways shall be constructed prior to the City Clerk signing the final plat for the phase associated with the required improvement. Page 23 of 36 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doe 3.13 Owner shall provide a letter of approval to the City from Drainage District No. 2 and the Middleton Mill Ditch Company approving any encroachments of the canal company's facilities. The owners shall also provide a copy of any License Agreement associated with the site prior to the commencement of construction of any improvements on the site. 3.14 Owner shall place a 4'x8' subdivision sign(s) on the Property 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 CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 3 to 0 (McLaughlin absent) to recommend approval of CU-03-23/PPUD-02- 23/PP-02-23 for a conditional use permit,preliminary development plan, and preliminary plat for Everton 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: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-02-23. 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. The applicant shall be required to pay the required $185.843.44 preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the first final plat applications. Also, the applicant shall be required to pay the Storage Trunk Line fee (based on meter size) for the commercial uses at the time of application for building permit(s). In the event the City adopts water system development fees prior to submittal of a final plat application the payment of the STL fees shall not be required. The required water system development fees shall be paid prior to the issuance of each building permit. 5. The applicant shall enter into a Traffic Mitigation Agreement to address any required Idaho Transportation Department improvements. The applicant shall provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to the issuance of any building permits,whichever occurs first. 6. Provide a revised preliminary plat showing a north-south alley providing access to the single-family attached dwelling units located within Block 2. The alley location shall be reviewed and approved by ACHD prior to submittal of final development plan and final plat applications. 7. The required setbacks shall be as follows: R-1 Zone: Front: 30-feet(living area) 32-feet(front-load garage) Rear: 30-feet Side: 15-feet(first story) 5-feet(each additional story) Street Side: 30-feet Maximum Lot Coverage: 35% Page 24 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc R-4 Zone: Front: 20-feet(living area) 32-feet(front-load garage) Rear: 15-feet Side: 5-feet(first story) 5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50% R-6 Zone(Single-family attached)(excluding Block 2): Front: 20-feet(living area) 32-feet(front-load garage) Rear: 15-feet Side: 5-feet(0-feet for common wall) Street Side: 20-feet Maximum Lot Coverage:N/A R-6 Zone(Single-family attached)(Block 2): Front: 20-feet(living area) Rear: 5-feet Side: 5-feet(0-feet for common wall) Street Side: 20-feet Maximum Lot Coverage:N/A C-2 Zone: Front: 15-feet Rear: 0-feet Side: 0-feet Street Side: 10-feet Maximum Lot Coverage: 50% 8. Provide a revised preliminary plat which shows one (1) residential lot removed along the east property line north of the Middleton Mill Canal and two (2) lots removed along the east property line between the drainage ditch and the Middleton Mill Canal. The lot sizing within the R-1-DA-P zoning district shall be a minimum of 33,295-square feet. The revised preliminary plat shall be provided prior to submittal of final development plan and final plat applications. (ECC 8-3-3[G]) 9. 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. The CC&Rs shall contain Page 25 of 36 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Everlon Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc a provision granting the City access to install the required street trees within the 8-foot-wide planter strip in the event the City has to utilize the surety for installation of the street trees. 10. The developer shall provide a detailed arborist report and a tree inventory map identifying all existing trees located onsite. 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. 11. Provide a revised fence plan showing all fencing located adjacent to common areas and the street side of all common lots to be in conformance with Eagle City Code Section 9-3-10. The revised fence plan shall be submitted prior to submittal of a design review application. 12. The applicant shall provide a revised Site Plan Exhibit — Street Lighting showing streetlights located at the following locations: o Intersection of Morehouse Avenue and Sweet Pine Street. o Intersection of Sweet Pine Street and Harvest Hill Avenue. o Midblock on Muller Drive in alignment with the common areas (Lot 24, Block 3 and Lot 16, Block 7). o Intersection of Red Boot Drive and Harvest Hill Avenue. o Midblock on Red Boot Drive at the midpoint of Lot 26,Block 6. o Intersection of Red Boot Drive and Morehouse Avenue. o Intersection of Morehouse Avenue and Eagledale Street. o Midblock of Eagledale Street between N. Alidade Avenue and Harvest Hill Avenue. o Intersection of Eagledale Street and Harvest Hill Avenue. o Intersection of Harvest Hill Avenue and Ruggles Street. o Ruggles Street in alignment with Lot 7,Block 9. o Intersection of Ruggles Street and Morehouse Avenue. o Intersection of Morehouse Avenue and Cavendale Drive. o Intersection of Harvest Hill Avenue and Cavedale Drive. The revised Site Plan Exhibit — Street Lighting shall be submitted prior to submittal of a design review application. 13. Provide a revised preliminary plat(existing conditions)map showing all the existing structures and stable located within the site to be removed. A revised preliminary plat (existing conditions) map shall be provided prior to submittal of a design review application. The existing structures and stable shall be removed prior to the City Clerk signing the final plat. Page 26 of 36 K:\Planning Dept\Eagle Applications\PreLminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 14. Provide a revised preliminary plat (existing conditions) map showing the locations of any existing well(s) or septic system(s) within the property. The revised preliminary plat (existing conditions) map shall be provided prior to submittal of a final plat application. The applicant shall be required to provide documentation indicating the existing well(s) and septic system(s)have been abandoned prior to the City Clerk signing the fmal plat.(ECC 9-2-3[C][3][m]) 15. The applicant shall bury all above ground utilities (other than transmission lines within the right of way)prior to the City Clerk signing the first final plat. (ECC 9-4-1-8) 16. Provide a revised preliminary plat showing Lot 14, Block 4, and Lots 2 and 11, Block 8,removed. The revised preliminary plat shall show all buildable lots with the required street frontage(35-feet). The revised preliminary plat shall be provided prior to submittal of a design review application. 17. The applicant shall install landscape(sod)to within 9-feet of the paved surface of State Highway 44 and maintain it in perpetuity. If ITD requires additional right-of-way adjacent to State Highway, it is understood that the edge of paving may shift but that landscaping shall remain from 9-feet from the edge of paving towards the subject property. The landscape plan shall consist of sodded turf and be reviewed and approved by the Design Review Board and the City Council prior to installation of the landscaping. The Owner shall provide an executed copy of the ITD license agreement associated with the landscaping located within the right-of-way area. The landscaping shall be installed prior to the City Clerk signing the first final plat. 18. 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 the City Clerk signing the final plat. (ECC 9-4-1-2) 19. The Everton Subdivision shall remain under the control of one Homeowners Association. (ECC 9- 3-8[D][4]) 20. 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. 21. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1]) 22. 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 and shape files of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates and shape files provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the fmal plat. 23. Owner shall work with the City to establish a Conservation and Education Program(CEP)Funding Plan associated with Everton Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat.(ECC 8-6-7[B]) 24. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of final development plan and final plat applications. 25. The applicant shall construct a six-foot(6')high privacy fence along the eastern property line. The bottom of the privacy fence shall be constructed at an elevation grade commensurate with the grade at the rear of the residential dwelling. The privacy fence shall be reviewed and approved by the Design Review Board and City Council prior to installation of the privacy fence The privacy fence shall be constructed prior to the City Clerk signing the fmal plat of the associated phase of the Page 27 of 36 K:\Planning Dept\Eagle Applications\Prefiminary Development Plans\2023\Evetton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc subdivision. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets,and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C.Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the fmal plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the fmal plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the fmal 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&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,prior to the City Engineer signing the final plat,requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 28 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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 fmal 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 fmal plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the fmal plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the fmal 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 Page 29 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation, recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. Page 30 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZE.doc 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council(ECC 9-6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4 x 4 posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. Page 31 of 36 K:\Planning Dept\Eagle Applications\Prellminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc 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-01-23/RZ-02-23) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement — PUD), R-6-DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement — PUD) are consistent with the Neighborhood Residential designation and Transition Overlay area as shown on the Comprehensive Plan Land Use Map since the density will be limited to 2.98 dwelling units per acre which is in conformance with the maximum density permitted within the Neighborhood Residential comprehensive plan designation and commercial uses are permitted within an area of up to 10% of the site with the approval of a planned unit development.The proposed commercial area is approximately 8.7%of the site. Also, the Floating Feather Planning Area identified in the comprehensive plan indicates that ancillary commercial and retail uses may be allowed for serving the immediate neighborhood within the planning area; 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 zones; c. The proposed R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement—PUD), R-6-DA-P (Residential with a development agreement— PUD), and C-2-DA-P (General Business District with a development agreement — PUD) zones are compatible with the R-2-DA-P (Residential with a development agreement — PUD)zone and land use to the north since the property to the north is developed with a residential subdivision with lots of similar size; d. The proposed R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement—PUD), R-6-DA-P (Residential with a development agreement— PUD), and C-2-DA-P (General Business District with a development agreement— PUD) zones are compatible with the RUT (Rural-Urban Transition—Ada County designation) zone and land use to the south since that area is located across the state highway(SH-44)from the proposed development; e. The proposed R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement—PUD), R-6-DA-P (Residential with a development agreement— PUD), and C-2-DA-P (General Business District with a development agreement — PUD) zones are compatible with the RUT (Rural-Urban Transition — Ada County designation) zone and land use to the east since this area is developed with a residential subdivision containing large lots and the applicant is required to provide a transition in lot sizing or open space located adjacent to the eastern property line; f. The proposed R-1-DA-P (Residential with a development agreement — PUD), R-4-DA-P (Residential with a development agreement—PUD), R-6-DA-P (Residential with a development agreement — PUD), and C-2-DA-P (General Business District with a development agreement— PUD) zones are compatible with the R-5-DA (Residential with a development agreement) and RUT (Rural-Urban Transition— Ada County designation) zones and land uses to the west since the northern portion of the adjacent property located to the west has been approved for the Page 32 of 36 K:\Planning Dept\Eagle Applications\Prcbminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc development of residential subdivisions (Cascade Springs Subdivision and Fountain Head Park Subdivision) and the applicant has designed the subdivision to provide a transition of lot sizing. The undeveloped southern portion is designated Mixed Use and Commercial (Star Comprehensive Plan)and may be developed with commercial uses in the future; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan;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 conditional use permit, preliminary development plan, and preliminary plat (CU-03-23/PPUD-02-23/PP-02-23) and based upon the information provided concludes that the application is in accordance with the City of Eagle Comprehensive Plan,Title 8(Zoning)and Title 9(Subdivisions)because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood,and will not be detrimental to the economic welfare of the community. Everton Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. The proposed commercial area will benefit the economic welfare of the community providing goods and services to the public. Development of the property will generate increased tax revenue to help 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. The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area.The development is designed to provide a transition of residential lot sizing to be harmonious with the properties located to the north and the east. Also, the development will contain a commercial area located adjacent to the state highway at the intersection of North Palmer Lane and State Highway 44; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Based on the commercial area and the transitioning of residential lot sizing Everton Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity;and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. The development is planned for residential and commercial uses, similar to the character of the existing and future uses within the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties.Everton Subdivision will be connected to North Palmer Lane(collector)providing access to the internal streets;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. Everton Subdivision will be served by North Palmer Lane (collector) and an internal street network located within the development. 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 33 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton 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, City of Eagle(municipal water system),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 20.87-acres (27.1%) of open space. A total of 61% of the common area is considered to be active open space. The common area open space consists of the required buffer area along North Palmer Lane. The remaining open space areas are inclusive of a drainage ditch, ponds, pathways, pickleball courts, pool and clubhouse, and a tot lot;and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access to the development will be provided from North Palmer Lane and North Alidade Avenue. 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 contains mature trees located in proximity to the existing dwelling and the canals. The applicant is 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 with a Transition Overlay located within the Floating Feather Planning Area. The adjacent properties to the west are being developed with single-family residential subdivisions with higher density. The proposed uses of detached and attached single-family homes provide the best transition and compatibility with the surrounding residential land uses. The proposed development provides a mixture of housing types with varying densities. The proposed gross density of 2.98 dwelling units per acre is in conformance with the Neighborhood Residential designation which allows 2— 4 dwelling units per acre. The commercial portion of the property located at the northeast corner of State Highway 44 and North Palmer Lane is located across North Palmer Lane from property designated commercial in the City of Star's Comprehensive Plan. The applicant's proposal meets the general objectives of the comprehensive plan to address the need for ancillary neighborhood commercial and retail uses designed and scaled for serving the immediate neighborhood;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 conditional use permit,preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. Although the applicant is requesting a C-2-DA-P (General Business District with a development agreement— PUD) within an area designated as Neighborhood Residential within the comprehensive plan, the zoning code may allow (at the discretion of the City Council)for up to 10%of the gross land area of a site to be directed to other commercial uses that are not allowed within the land use district. In addition, the developer will be required to submit applications for design review and comply with all Eagle City Codes and Page 34 of 36 K:\Ptanning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Filea\Everton Sub PZF.doc 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. The development provides a mix of single-family detached dwellings, single-family attached dwellings, and commercial uses. The commercial portion of the development will provide employment opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. The applicant is requesting a commercial zoning designation associated with the commercial lots to regulate the uses within the development. The applicant is required to submit a design review application for the subdivision to be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. Also, the applicant will be required to submit design review applications for the buildings and landscaping within the individual commercial lots. 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: Fire Protection This development is located within the boundaries of the Eagle Fire Department. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense prior to acceptance by the City. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District's requirements. Street Construction The construction of all streets within the development will be completed by the developer. Upon completion,the streets will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 27.1% of passive and active open space. The applicant is proposing two (2) pickleball courts, a swimming pool and clubhouse located within one (1) of the common lots. The applicant is also proposing a tot lot and pathways located throughout the common areas. The applicant is required to construct public pathways within the common lots located adjacent to the irrigation canal and drainage ditch. 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. Page 35 of 36 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Everton Subdivision A RZ CU PPUD PP\Working Files\Everton Sub PZF.doc Maintenance The maintenance of any private open space areas will be regulated by the Everton 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 will be 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 total estimated tax revenue to be collected by Ada County (on behalf of all taxing entities) from this development(at build-out)is$711,187.84 annually(Average taxable value of$790,000 [single-family detached excluding homeowner's exemption and $475,000 single-family detached excluding homeowner's exemption], $1,800,000 commercial and 1,900,000 commercial [with drive through] X Levy rate of 0.000501212). The estimated tax revenue to be collected by the City of Eagle from this development (at build-out) is $79,502.25 (Average taxable value of $790,000 [single-family detached excluding homeowner's exemption and$475,000 single-family detached excluding homeowner's exemption], $1,800,000 commercial and 1,900,000 commercial [with drive through]X Levy rate of 0.000501212). 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. DATED this 6th day of November,2023. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho , -j Trent Wright,Chairm °"""'°,•,, .••' ATT T: �:�`p R A T��• *t •U s • • A • Tracy E. Osb ,Eagle City Clerk S )4, P �'�; ••••^ZuRPCR's••n'� ,•' . 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