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Findings - PZ - 2024 - RZ-04-07 MOD/PP-01-22 - Flats Sixteen - Development Agreement Modificaiton [Development Agreement in Lieu of a PUD] and Preliminary Plat for Flats Sixteen Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION [DEVELOPMENT ) AGREEMENT IN LIEU OF A PUD] AND ) PRELIMINARY PLAT FOR FLATS ) SIXTEEN SUDIVISION FOR JORDAN ) TAMPIEN ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-04-07 MOD/PP-01-22 The above-entitled development agreement modification and preliminary plat applications came before the Eagle Planning and Zoning Commission for their consideration on December 18, 2023. The applications were continued to February 5,2024,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: Jordan Tampien, represented by Clifton Trimble with Storhaug Engineering, is requesting a development agreement modification (development agreement in lieu of a PUD) and preliminary plat approvals for Flats Sixteen Subdivision, a 109-lot(94-buildable [59 single-family, 35 single- family attached], 1-commercial, 14-common) mixed use subdivision. The 31.16-acre site is located on the west side of State Highway 16 approximately 1,290-feet north of the intersection of West Beacon Light Road and State Highway 16 at 3701, 3703,and 3705 North Highway 16. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held virtually (due to COVID 19) at 6:00 PM on Tuesday, December 7, 2021, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on December 21, 2021. A revised preliminary plat and project narrative were received by the City of Eagle on June 29, 2022. A pressurized irrigation report was received by the City of Eagle on August 4, 2022. A third revised preliminary plat and proposed revisions to the recorded development agreement were received by the City of Eagle on August 5,2022. A fourth revised preliminary plat and trails exhibit were received by the City of Eagle on October 13, 2022. A revised response letter to the City Engineer was received by the City of Eagle on December 23, 2022. A fifth revised preliminary plat was provided on December 7,2023. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on January 26, 2022, in accordance with the requirements of the Eagle City Code. A second request for agencies' reviews was transmitted on August 11, 2023, in accordance with the requirements of 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 December 1, 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 December 1, 2023. The site was posted in accordance with the Eagle City Code on November 29,2023. Page 1 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc D. HISTORY OF REVELANT PREVIOUS ACTIONS: On December 18, 2007, the City Council approved an annexation and rezone from RUT (Rural- Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement)for CHM Development(A-04-07/RZ-04-07). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION One(1)Existing Winery, MU-DA(Mixed Use with a One(1)Existing Existing Mixed Use Landscape Supply development agreement) Company,and Undeveloped Land MU-DA(Mixed Use with a One(1)Existing Winery Proposed Mixed Use and Residential development agreement) Subdivision RUT(Rural-Urban North of Large Lot with a Single Family Residence site Transition Overlay Transition—Ada County with Agricultural Land designation) R2 South of Estate Rural Residential (Low Density Golf Course and site (City of Star designation) Residential Zone—Ada Residential Subdivision. County designation) (Trellis Subdivision) East of Large Lot with a RUT(Rural-Urban site Single Family Residence (northern Transition Overlay Transition—Ada County with Agricultural Land portion) designation) East of site Compact with a MU-DA(Mixed Use with a Mixed Use Planned Unit (southern Transition Overlay development agreement) Development(Terra View portion) Subdivision) R2 West of Estate Rural Residential (Low Density site (City of Star designation) Residential Zone—Ada Golf Course County designation) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—31.16-acres Total Acreage of Residential—26.08-acres Total Acreage of Commercial—5.08-acres Page 2 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Total Number of Lots— 109 Residential—94 Commercial— 1 Industrial—0 Common— 14 Total Number of Units— Single-family—59 Single-family attached—35 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 ADDITIONAL SITE DATA PROPOSED REQUIRED 3.59-units per acre 3.59-units per acre maximum (as limited within the development agreement) Minimum Lot Size 3,000-square feet 5,000-square feet(minimum) Minimum Lot Width 25-feet 50-feet(minimum) Minimum Street or Alley Frontage 25-feet 20-feet(minimum) 35-feet(minimum) Total Acreage of Common Area 8.22-acres 5.23-acres(minimum) Percent of Site as Common Area 31.4% 20%(minimum) Percent of Common Area Open Space 81.1%(6.67-acres) 15%(minimum)(1.05-acres) as Active Open Space GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 75-foot-wide landscape buffer between State Highway 16 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)(c). Common Area Open Space: A total of 8.22-acres, approximately 31.4% of open space, is proposed within the residential portion of the subdivision. Approximately 6.67-acres (81.1%) of the proposed open space is "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The applicant has indicted within the narrative, date stamped by the City on August 23, 2023, the open space common lots will contain a tot lot, large dog park,plaza area with a grassy field for private events,nature areas, and approximately two(2)miles of trails throughout the development. Commercial Area: The development will contain a commercial lot approximately five (5) acres in size. The preliminary plat,date stamped by the City on December 7,2023, shows the commercial lot with a restaurant, two (2) banquet event space buildings, storage building, storage restrooms, existing pavilion,and an existing pond. Page 3 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 10 feet wide. 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 Star Sewer and Water District's water system. On-site Septic System: The site contains an existing residential dwelling and commercial buildings which utilize septic systems. The applicant will be required to provide proof indicating the septic systems have been abandoned. Preservation of Existing Natural Features: There are a few mature trees located in proximity to the existing dwelling and the southern portion of the site. 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. J. 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 September 26,2023. Private Alleys: The preliminary plat, date stamped by the City on December 7, 2023, shows private alleys providing access to the single-family attached units. Blocks Less Than 500': None. Cul-de-sac Design: One(1)cul-de-sac is proposed: Mazzarrone Street: 332-feet in length, 50-foot radius. Page 4 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Sidewalks: The preliminary plat, date stamped by the City on December 7, 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 located along State Highway 16. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator with the submittal of the final plat. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: See Flats Sixteen Pathways and Trails Plan, date stamped by the City on July 18, 2023 (attached to the staff report). L. PUBLIC USES PROPOSED:None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern— No Evidence of Erosion—No Fish Habitat—No Floodplain—Yes—northern portion of the site. Mature Trees — Yes — northern portion of the site, commercial area, and in proximity to the existing dwelling. Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—No Unique Plant Life—No Unstable Soils—No Wildlife Habitat—Yes, existing trees O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Flats Sixteen Natural Features Analysis, date stamped by the City on July 12, 2023 (attached to the staff report). Correspondence received from Casey Pozzanghera, with Idaho Fish and Game Department (attached to the staff report). Geotechnical Engineering Report Flats Sixteen Development, Eagle, ID,date stamped by the City on July 18,2023 (attached to the staff report). P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will be served by the Star Sewer and Water District. Page 5 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments,which appear to be of special concern,are noted below: City Engineer: All comments within the engineer's letter dated October 31, 2023, are of special concern(attached to the staff report). Ada County Highway District Central District Health Communities in Motion 2050 Development Review Department of Environmental Quality Farmers Union Ditch Company,Ltd. (Jerry Kiser) Idaho Transportation Department Middleton Rural Fire District/Star Fire Protection District Eagle Historic Preservation Commission (HPC): All comments within the HPC email dated August 16,2023,are of special concern(attached to the staff report). R. LETTERS FROM THE PUBLIC: Email received from Clint Travis,dated February 1,2022. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in three (3) phases with timing of each phase as follows: Phase 1 —Final plat recordation Spring of 2025 Phase 2—Final plat recordation Fall of 2026 Phase 3—Final plat recordation Fall of 2027 T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets,police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. Page 6 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating eleven (11)or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of fmancing 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: Mixed Use Suitable for a mixture of uses including limited office, limited commercial and residential. Residential densities within the designation is up to 20 units per acre but density will be determined on a site by site basis. Uses should complement and not take away from downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or development agreement process. See the planning area text for a complete description of site specific uses. Page 7 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-1-2: Rules and Definitions: DWELLING, SINGLE-FAMILY ATTACHED: A dwelling consisting of two (2) or more dwelling units attached to one another by common walls with each dwelling unit being on a separate lot,commonly referred to as townhouses and/or townhomes. • Eagle City Code Section 8-2-1: Districts,Established,Purposes and Restrictions: MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial,and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district,as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. 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 Area Regulations: if Minimum Yard Setbacks ,i Minimum II Note Conditions A To E* Lot Area Zoning Maximum Maximum (i (Acres Or Minimum District Height it Front II Rear 0 Interior Street 1, Lot Covered Square " Lot Side Side F And J* '; Feet)H* Width I* 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) - . MU 35' 20' 20' 7.5' 20' 50% 5,000 50' G.All front load garages shall be set back a minimum of 25 feet from the back of sidewalk • Eagle City Code Section 8-2A-7 J(4)(c)Major Roadways: Page 8 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 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: c. Any road designated as a principal arterial on the master street map typologies map in the Eagle comprehensive plan: A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental 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 ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet(3') horizontal distance to one foot(1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-5: Private Streets and Private Alleys: Private streets and private alleys may be permitted, in the discretion of the council, subject to the following: A. Compliance: The council must fmd that any proposed private streets or private alleys are in compliance with each of the following criteria: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets and or private alleys will serve to enhance the overall development. 2. Safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking are provided. 3. Adequate access for service and emergency vehicles is provided. 4. Access and good transportation planning to adjacent property and to the area travel networks is not adversely affected. 5. Adjacent property will not be landlocked by the site layout. Page 9 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 6. Other than to provide emergency access, the private streets, or private alleys, do not connect one public street to another, thereby encouraging travel through the development served by the private street; provided, however, that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the council. 7. The use or alignment of the private streets or alleys do not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets and private alleys,including provisions for the funding thereof 9. Private streets and private alleys are only permitted within a planned unit development and are limited to providing access to no more than ten percent (10%) of the lots, except that private streets and private alleys may serve all single family attached dwelling lots. B. Construction And Design Standards: Private streets and private alleys shall conform to the following construction and design requirements: 1. All private street and private alley construction shall be in accordance with Ada County highway district's structural standards for streets and alleys including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section,private streets and private alleys shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed,however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width and private alleys shall contain paved travel lanes a minimum of ten feet(10') in width and shall provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic for private streets and vehicle traffic for private alleys. Vertical curbing shall be provided for private streets that are less than thirty-four feet(34') in total width. Alleys must utilize other curb types. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. However, alternative sidewalk and landscape strip designs may be approved by the City Council based upon a finding made by the Council that characteristics and qualities of the development justify the alternate design. Sidewalks and planter strips, as referenced within subsection 9-4-1-6F of this title, shall not be required along alleys. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets and private alleys shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered Page 10 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance,for the review and approval by the city engineer. 6. All dead end private streets and private alleys shall terminate at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer;or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer,and city council. d. Private streets and private alleys not exceeding 150-feet may terminate with no turn-around if approved by the Eagle Fire District. 7. The design of all private streets and private alleys and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings,together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail,unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets and private alleys as follows: 1. A plan and schedule for the future repair and maintenance of the private street and private alley and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of private streets and private alleys shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private streets or private alleys the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private streets or private alleys cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. Page 11 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 3. A restrictive covenant for repair and maintenance of the private streets or private alleys shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private streets or private alleys in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners'association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the fmal plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private streets or private alleys approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street,be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets and private alleys shall, in all respects,conform to all applicable components of the comprehensive plan. E. Waiver: The council may waive or modify any of the standards or requirements of this section when the private streets or private alleys have been determined to be an integral element of the overall plan and scheme of the development or will serve to enhance the overall development; provided, however, that any such waiver shall not be injurious to public health or iafety. • 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 9-3-10: 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 12 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • Eagle City Code Section 9-4-1-6: Pathway and Trail Regulations: A. Intent: The placement of Pathways and Trails are intended for management of motorized and non-motorized forms of use, to provide safe, convenient, and aesthetic alternative travel routes to common destinations such as schools,parks,shopping centers, etc.,and to promote economic development and recreation options in areas that allow it. The following factors will be considered in the placement of any Pathway or Trail: the utility, need, and impact to existing neighborhoods; soils and hydrology; erosion potential; impacts to native wildlife habitat; special status plant;wildlife species; cultural resources; compliance with the City of Eagle Comprehensive Plan; compliance with the City of Eagle Pathways and Trails Master Plan; compliance with any approved Open Space, Wildlife Mitigation Plan, or similar document for the development; design as it relates to both crime prevention and function; and the responsibilities of ownership and maintenance. B. Pathway and Trail Terms: 1. Pathways:Facilities that are designed to improve connectivity throughout the Pathway system and developments. The term Pathways shall refer to those facilities that are regulated and managed by the City or depicted in the City's Pathways and Trails Master Plan. 5. Community Pathway: Facilities that are intended to provide routes to and through developments connecting to or providing linkage to regional facilities, arterials and collectors that provide alternative transportation features,or adjacent developments. C. Management and Regulations: 1. All Pathways and Trails that are not deemed to be private, by the City, shall have public access. 2. Such access shall be perpetual and non-revocable but may be relocated by the landowner so long as the connectivity provided by the original access is not materially affected. 3. Pathways within a platted area shall be identified on the plat with a note, creating a public access easement for the pathway. D. Pathways: 5. Classifications: b. Community: (1) Shall be eight-foot(8')in width unless otherwise approved by the City. (2)Shall be constructed to the City Pathways and Trails Design and Construction Standards, Idaho Standards for Public Works Construction(ISPWC), or Ada County Highway District (ACHD) Sidewalk Standard as determined by the City. (3) Shall be maintained by the City, HOA, developer, or property owner, as determined by City. (4)Tread surface shall be determined by the City. Page 13 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc (5) Shall include a twenty-five foot (25') wide public access easement for City maintained Pathways. All Pathways not dedicated to the City shall have an easement width of a minimum of the tread width plus four feet (4') on each side unless the pathway is located within a public right-of-way, then an easement is not required. The City may grant an exception to the required easement width. • Eagle City Code Section 9-4-1-8: Underground Utilities: Underground utilities are required. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4. The Eagle Knoll Development shall consist of three (3)primary elements: a pre-existing winery, a residential development, and a mixed-use development contained within the approximately 31.18 acre site. The proposed Site Concept Plan indicates approximately fifty percent residential use and fifty percent of non-residential use. Of the fifty percent commercial use, approximately half(approximately 7 acres) is allocated to the winery facilities, or twenty-five percent of the overall development. The balance of the development shall be: 3.4.1. Residential Development 3.4.1.1.The Site Concept Plan anticipates approximately 14.10 acres of residential developable property as discussed further in Section 3.4.2 below, which would entitle a total of 70 dwelling units. However,the nursery,while appropriate,may be ultimately expanded as a residential use with a maximum of 5 units per acre. For each acre converted from a non-residential mixed use to a residential use beyond the 14.10 acres shown in the concept plan, five units shall be permitted per acre up to 120 units. The density of the 14.10 acres and any additional residential use shall not exceed 120 units or a maximum residential density of 5.0 Units per Acre on 24 acres(75%of the site). 3.4.1.2.Pursuant to the Concept Plan, areas developed as residential shall not substantially exceed 14.10 acres with the following ratios: Table'3.4.1.2 Product Type Aprox.Sq ft./unit Units/Acre % of units Townhouse 4,000 8.3 57% Row Houses 4,500 7.2 _ 15% Single-Family 6,500 5.5 28% 3.4.1.3 Setbacks and dimensional standards for the residential development shall comply with ECC 8-6 or as follows: Page 14 of 37 K.\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Table 3.4.1.3 Setbacks Product Garage Street Max. Units Type Front* at Street Rear Interior Side Attached Townhouse 20 ft. 5 ft. 10 ft. 2 Row Houses Alternating 10 ft. 10 ft. 0 ft.*** 10 ft. 5 10& 15 Ft. Single- 20 ft. 5ft.** 5ft. 10 ft. 0 Family *No more than two units can have the same set back before alternating **When on a pond 10ft if not ***20 ft Min.between buildings 3.4.2. Mixed Use Development 3.4.2.1 Non-residential mixed land uses shall be a minimum of twenty-five percent of the Property. The Property shall be developed in compliance with Eagle City Code and the Eagle Comprehensive Plan, as adopted at the time this Development Agreement is recorded, except as otherwise provided herein. In the Retail/Commercial area of the Property consisting of approximately 7 acres in the eastern portion of the site as depicted on the Site Concept Plan, non-residential uses shall include a mixture of relatively small retail uses such as coffee shops, bars, retail (wine-related or otherwise), and restaurants, which shall compliment the current winery uses as well as serve the needs of the neighboring residential population generally conforming to the pedestrian plaza concept depicted on the Site Concept Plan. For each acre developed as mixed use beyond the 7 acre winery site, 5 units shall be removed from the maximum residential density of 120 units provided under Section 3.4.1.1. 3.4.2.2. Commercial uses shall be limited to those uses that compliment or are ancillary to the existing Eagle Knoll Winery and are otherwise limited to the following uses: • Agricultural Retail(Fuels Service only for facility use) • Artist Studio • Arts and Crafts shows • Bar • Beauty/barber Shop • Bed and Breakfast • Brewery • Coffee shop • Convenience Store(no Fuel Service) • Creamery • Family&Group Childcare • Food and Beverage Sales(hours limited to 7am to 10pm) • Gift Shop • Health club, spa,weight reduction salons(including a racquet club) Page 15 of 37 K:\Plaming Dept\Eagle Applications\SUBS\2022\F1ats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • Home and business services • Bed and Breakfast,Boutique Hotel(up to 20 rooms) • Massage Spa • Nursery • Office Business,professional,and medical • Personal Improvement • Personal Service • Photographic Studio • Professional Activities • Restaurant(no drive thru)(hours limited to 7am to 10pm) • Retail Sales Limited • Retail Sales(pharmacy and medical) • Travel services(No Fuel service) • Winery • Vet Clinic(excluding overnight boarding) • Museum 3.4.2.3 No portion of the Property shall be used for any of the following uses: • All Industrial Uses • Fuel Service • Outside Storage, • "Commercial,Adult Business," • "Commercial,Automotive, mobile home,travel trailer,and/or farm implement sales, " • "Commercial,Cemetery," • "Commercial,Drive-in theatre," • "Commercial,Mortuary/Funeral Home." • "Commercial, Storage(fenced area)," 3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of Eagle Title 8,Chapter 4. 3.4 The Ea2le Knoll Winery 3.4.3 Currently, the winery is an approved conditional use under Ada County development services as a winery and sales office and is thus classified as a valid, non-conforming use. The existing winery facilities shall continue to function with the exception of the wine production building which shall serve as a banquet/reception facility. A new production and storage building shall be utilized in the southeast portion of the commercial area. Page 16 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 3.5. The Property is not in the Eagle Sewer District Planning area or the City of Eagle Water Service Planning Area. The existing winery development is served by a community well and package wastewater treatment system in conjunction with the Trellis Subdivision to the south of the site in association with the Trellis Subdivision to the south. Prior to any expansion of the uses on the site or the signing of any final plat, the City shall require proof of adequate water and sewer service to the proposed residences and commercial uses. A letter of approval shall be provided to the City from the Idaho Department of Health, Division of Environmental Quality, and/or Central District Health, and Idaho Department of Water Resources of any such services or the Property shall be required to annex into the Star Sewer and Water District. 3.6. Owners shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the applicable state and federal agencies, along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with all laws and regulations pertaining to regulated wetlands. 3.7. Owners will comply with all rules, regulations and ordinances of Eagle unless as otherwise required herein, including, but not limited to, applications for development permits as required by Title 10,Flood Control,Eagle City Code. 3.8 Owners shall provide an on-site, tree lined landscape strip along State Highway 16 as generally shown and depicted on "Exhibit A", attached hereto and incorporated by reference herein. The landscaping, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions. 3.9. Streets shall be stubbed west to Pollard Lane with the access to Highway 16 shall be relocated to the north. A secondary emergency access shall be provided and the location approved by the Star Fire District and ITD. All other access points shall be removed from the Site Concept Plan. All access point to Highway 16 shall be designated as temporary access until such time as a new access to Pollard Lane is achievable or traffic counts exceed ITD or Star Fire Districts Standards. All access points;road and stub street locations shall be approved by ACHD and ITD prior to submittal of any preliminary plat. 3.10. Eagle hereby acknowledges that the attached typical housing styles "Exhibit D" and lot layout plan represents an example of the Owners current concept for the site and understands and agrees that changes in that concept will likely occur but that the changes must substantially conform to the concept plan and related designs herein. The Property Owner also understands and agrees that any changes regarding development of the site must be in conformance with the"Conditions of Development"stated herein. 3.10.1 All non-single family structures shall comply with ECC 8-2A and shall receive approval from the Eagle Design review Board and City Council prior to the issuance of any building permits. 3.10.2 The development shall comply with the Eagle City Code,as it exists in final form at the time a design review application is made, including compliance with all of the conditions as provided within this development agreement. Page 17 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 3.10.3 As described by the owners,strict architectural controls shall be enforced shall be in keeping with proposed typical architecture standard for the development. Examples are attached as Exhibit D of this agreement and are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R'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 final plat for phase one. 3.10.4 The owners shall provide a modified site plan showing an increase buffer between the existing River Birch golf course and the residential use on the south of this site. 3.11 A letter of approval shall be provided to the City from the Farmers Union Canal 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. E. DISCUSSION(based on the preliminary plat, date stamped by the City on December 7, 2023, the revised narrative, date stamped by the City on August 30, 2023, and the executed development agreement,Ada County instrument#113011435): • On March 6, 2007,the City received annexation and rezone applications. The applicant at the time was requesting annexation and rezone of the subject property which consisted of a winery operation. The applicant received approval of the requested annexation and rezone on December 7, 2007. The site was approved as the Eagle Knoll Development which consisted of three (3)primary elements: a pre-existing winery, a residential development, and a mixed- use development. The site plan associated with the approval showed the site would be equally split between commercial uses and residential uses. The winery portion of the site consisted of approximately seven (7) acres. The executed development agreement identified 14.10- acres of residential uses which would entitle a total of 70-dwelling units. The executed development agreement contained a condition of development which allowed an expansion of the residential area allowing up to five (5) units per acre not to exceed 120 dwelling units. Since the property was annexed into the City there have been several ownership changes. The executed development agreement contains a condition of development which limits the commercial uses to those which compliments or are ancillary to the existing Eagle Knoll Winery. The Eagle Knoll Winery has ceased operation and the winery buildings have been utilized for various uses over the past years. Based on the Eagle Knoll Winery not in operation the allowed uses within the commercial area need to be re-evaluated. The current owner has submitted a Master Land Use application requesting development agreement modification and preliminary plat approvals. The applicant is requesting a development agreement modification to allow for an amended and restated development agreement based on the proposed preliminary plat. The subject applications show the property consisting of 26.16-acres of residential uses and 5-acres of commercial uses. The applicant is proposing 94 residential units which is approximately 3.59-dwelling units per acre based on the residential area. Page 18 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • The applicant is proposing the following setbacks: Single-Family Detached Units Front 20-feet 25-feet(front yard garage at street) Rear 20-feet Interior Side 7.5-feet(first story) Street Side 10-feet Maximum Lot Coverage Not addressed Single-Family Attached Units Front 20-feet (10-feet if alley load) Rear 15-feet Rear(alley loaded) 5-feet(10-feet PUID easement) Interior Side 5-feet(0-feet for common wall) Street Side 20-feet Maximum Lot Coverage Not addressed The property is currently zoned MU-DA (Mixed Use with a development agreement). Condition of Development 3.4.1.3 of the executed development agreement identifies the setbacks as follows: Setbacks Max. Product Garage Street Units Type Front* at Street Rear Interior Side Attached Townhouse 20 ft. 5 ft. 10 ft. 2 Row Houses Alternating 10 ft. 10 ft. 0 ft.*** 10 ft. 5 Single- 10& 15 Ft. Family 20 ft. 5ft.** 5ft. 10 ft. 0 *No more than two units can have the same set back before alternating **When on a pond 10ft if not ***20ft.Min.between buildings The preliminary plat shows a typical street section for the interior streets with 1-foot 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 would need to be 31-feet from the property line to be in conformance with Eagle City Code Section 8-2-4. Also, Eagle City Code Section 8-2-4 requires the maximum lot coverage within the MU (Mixed Use zoning district to not exceed 50%. Further, the setbacks identified on the preliminary plat did not address setbacks for two- story single-family detached structures. It is staffs 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: Page 19 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Single-Family Detached Units Front 20-feet 31-feet(front yard garage at street) Rear 20-feet Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 50% Single-Family Attached Units Front 20-feet (10-feet if alley load) Rear 15-feet (5-feet if alley load) Interior Side 5-feet(0-feet for common wall) Street Side 20-feet Maximum Lot Coverage N/A • Condition of Development 3.4.2.2, 3.4.2.3, 3.4.2.4, of the executed development agreement restricted the uses conducted within the property and parking as follows: 3.4.2.2. Commercial uses shall be limited to those uses that compliment or are ancillary to the existing Eagle Knoll Winery and are otherwise limited to the following uses: • Agricultural Retail(Fuels Service only for facility use) • Artist Studio • Arts and Crafts shows • Bar • Beauty/barber Shop • Bed and Breakfast • Brewery • Coffee shop • Convenience Store(no Fuel Service) • Creamery • Family&Group Childcare • Food and Beverage Sales(hours limited to 7am to 10pm) • Gift Shop • Health club,spa,weight reduction salons (including a racquet club) • Home and business services • Bed and Breakfast,Boutique Hotel(up to 20 rooms) • Massage Spa • Nursery • Office Business,professional, and medical • Personal Improvement • Personal Service • Photographic Studio • Professional Activities • Restaurant(no drive thru)(hours limited to lam to 10pm) • Retail Sales Limited • Retail Sales(pharmacy and medical) • Travel services(No Fuel service) • Winery Page 20 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • Vet Clinic(excluding overnight boarding) • Museum 3.4.2.3 No portion of the Property shall be used for any of the following uses: • All Industrial Uses • Fuel Service • Outside Storage, • "Commercial,Adult Business," • "Commercial, Automotive, mobile home, travel trailer, and/or farm implement sales, " • "Commercial,Cemetery," • "Commercial,Drive-in theatre," • "Commercial,Mortuary/Funeral Home." • "Commercial, Storage(fenced area)," 3.4.2.4 Applicants shall comply with all parking requirements pursuant to City of Eagle Title 8,Chapter 4. It is staffs opinion that based on the executed development agreement and Eagle City Code Section 8-2-3, the following permitted and conditional uses should be the only allowed uses within the Commercial Lot of the Property: • Artist Studio • Arts and Crafts shows • Bar(with approval of a conditional use permit) • Beauty/barber Shop • Bed and breakfast facility • Convenience store with no fuel service • Family&Group Childcare • Food and Beverage Sales(hours limited to 7am to 10pm) • Gift Shop • Health club,spa,weight reduction salons(including a racquet club) • Hotel(up to 20 rooms) • Live entertainment events(with approval of a conditional use permit) • Microbrewery • Museum • Nursery • Office Business,professional, and medical • Personal Improvement • Personal Service • Photographic Studio • Professional Activities • Restaurant(no drive thru)(hours limited to 7am to 10pm) • Retail Sales(limited) • Retail Sales(pharmacy and medical) • Travel services • Winery • Vet Clinic(excluding overnight boarding) Page 21 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc The following uses should be prohibited within the property: • Automotive parts and accessory sales • Automotive vehicle vinyl wrap shop • Automotive washing facility • Automotive repair • Cabinet shop • Cemetery • Circuses and carnivals • Coffee roasting facility • Commercial entertainment facilities(indoor and outdoor) • Drive-in theater • Equipment rental and sales yard • Mortuary • Machine shop • Mortuary/Funeral home • Restaurant(with drive-through) • Shopping center • Small engine repair(mower,chain saws,etc.) • Storage(fenced area) • Woodworking shop • The applicant provided a Flats Sixteen Pathways and Trails Plan,date stamped by the City on July 18, 2023. The plan shows a 10-foot-wide concrete pathway located adjacent to State Highway 16, 8-foot-wide pathways located throughout the common lots located within the subdivision, and 5-foot-wide concrete detached sidewalks located adjacent to the internal streets. The pathways should be constructed to the City Standards for Concrete Pathways or the Owner should provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk signing the final plat, notwithstanding the foregoing, the pathways shall be constructed prior to the issuance of any building permits associated with the respective phase. The specific location and design of the pathways should be approved by the Design Review Board and City Council prior to submittal of a final plat application. Also, the applicant should be required to provide the following: o The ten-foot-wide concrete pathway located adjacent to State Highway 16 should be located within a 25-foot wide public access easement. The easement should be recorded within one (1) year of execution of the development agreement, and the instrument number should be referenced as a plat note on the final plat. o The eight-foot-wide located internally to the subdivision should be located within a 16- foot-wide public access easement. The easement should be recorded, and the instrument number should be referenced as a plat note on the final plat. • The single-family attached units within the subdivision will be accessed from private alleys located within common lots(Lot 8, Block 3 and Lot 13,Block 5). Plat note#11 addresses the access, public utility, drainage, and irrigation easements associated with the common lots. Item C) and Item D) of the plat note references a private street. The applicant should be required to provide a revised plat note #11 with the reference to private street private street within items C) and D) changed to reference private alley. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 22 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • Based on the private alleys being numbered as common lots there is not a dedicated street which separates the two (2) blocks. The applicant should be required to provide a revised preliminary plat with Blocks 3 and 4 combined to become Block 3 with new sequential lot numbering, and Blocks 5 and 6 combined to become Block 4 with new sequential lot numbering. Block 7 should be renumbered to be Block 5. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat does not identify the location of existing well(s) and or septic system(s) located within the property. The applicant should be required to provide a revised preliminary plat showing the locations of any existing well(s)or septic system(s)within the property. The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant should be required to provide documentation indicating the existing well(s) and septic system(s)have been abandoned prior to the City Clerk signing the final plat. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their consideration on December 18, 2023. The applications were continued to February 5, 2024, 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 application was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by two(2)individuals who expressed the following concerns: • The availability and flows of irrigation water due to the proposed changes to the lateral. The proposed changes to the lateral should only have a maximum of two(2)bends. • The applicant should be required to construct a frontage road through the property. • Safety concerns due to the location of the ingress/egress access point to State Highway 16. 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: 1:52:20):https://eagle-id.granicus.com/player/clip/1833?meta id=90938 COMMISSION DECISION REGARDING THE DEVELOPMENT AGREEMENT MODIFICATION: The Commission voted 4 to 0 (McLauglin absent) to recommend approval of RZ-04-07 MOD for a development agreement modification with the following staff recommended conditions to be placed within an Amended and Restated Development Agreement: 3.1 The maximum density for the Property shall be 3.59 dwelling units per acre (59 single-family detached and 35 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. Page 23 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 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 private alleys, 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 homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit D).All other fencing(i.e. dog-eared cedar fencing,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. (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 The required setbacks shall be as follows: Single-Family Detached Units Front 20-feet 31-feet(front yard garage at street) Rear 20-feet Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 50% Single-Family Attached Units Front 20-feet (10-feet if alley load) Rear 15-feet (5-feet if alley load) Interior Side 5-feet(0-feet for common wall) Street Side 20-feet Maximum Lot Coverage N/A 3.6 The following permitted and conditional uses shall be the only allowed uses within the Commercial Lot of the Property: • Artist Studio • Arts and Crafts shows • Bar(with approval of a conditional use permit) • Beauty/barber Shop Page 24 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • Bed and breakfast facility • Convenience store with no fuel service • Family&Group Childcare • Food and Beverage Sales(hours limited to 7am to 10pm) • Gift Shop • Health club, spa,weight reduction salons(including a racquet club) • Hotel(up to 20 rooms) • Live entertainment events(with approval of a conditional use permit) • Microbrewery • Museum • Nursery • Office Business,professional,and medical • Personal Improvement • Personal Service • Photographic Studio • Professional Activities • Restaurant(no drive thru)(hours limited to 7am to 10pm) • Retail Sales(limited) • Retail Sales(pharmacy and medical) • Travel services • Winery • Vet Clinic(excluding overnight boarding) The following uses shall be prohibited within the Property: • Automotive parts and accessory sales • Automotive vehicle vinyl wrap shop • Automotive washing facility • Automotive repair • Cabinet shop • Cemetery • Circuses and carnivals • Coffee roasting facility • Commercial entertainment facilities(indoor and outdoor) • Drive-in theater • Equipment rental and sales yard • Mortuary • Machine shop • Mortuary/Funeral home • Restaurant(with drive-through) • Shopping center • Small engine repair(mower,chain saws,etc.) • Storage(fenced area) • Woodworking shop 3.7 Owner shall comply with all parking requirements pursuant to City of Eagle Title 8, Chapter 4. Page 25 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 3.8 Owner shall comply with all applicable Star Sewer and Water District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,and/or Central District Health,prior to issuance of any building permits. 3.9 Owner shall provide and construct all pathways as shown on the Flats Sixteen Pathways and Trails Plan(Exhibit D). The pathways shall be constructed to the City Standards for Concrete Pathways or the Owner shall provide a surety in a form pursuant to Eagle City Code Section 9-4-2-2 associated with the estimated construction cost of the pathways to guarantee completion prior to the City Clerk signing the final plat, notwithstanding the foregoing, the pathways shall be constructed prior to the issuance of any building permits associated with the respective phase. The specific location and design of the pathways shall be approved by the Design Review Board and City Council prior to submittal of a final plat application. 3.9.1 The ten-foot-wide concrete pathway located adjacent to State Highway 16 shall be located within a 25-foot wide public access easement. The easement shall be recorded within one(1) year of execution of the development agreement, and the instrument number shall be referenced as a plat note on the final plat. 3.9.2 The eight-foot-wide located internally to the subdivision shall be located within a 16-foot- wide public access easement. The easement shall be recorded, and the instrument number shall be referenced as a plat note on the final plat. 3.10 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture 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 CC&Rs. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&Rs and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit E. If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. Page 26 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 3.11 Owner shall submit a design review application showing at a minimum: 1) proposed development signage,2)planting details within the proposed and required landscape island and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house (if proposed), and 4) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed). The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of the first final plat. 3.12 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the applicable state and federal agencies, along with the City of Eagle, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with all laws and regulations pertaining to regulated wetlands. 3.13 Owner will comply with all rules,regulations and ordinances of Eagle unless as otherwise required herein, including, but not limited to, applications for development permits as required by Title 10, Flood Control,Eagle City Code. 3.14 Owner shall provide a letter of approval to the City from the Farmers Union Canal Company approving any encroachments of the canal company's facilities. The Owner 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. 3.15 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0(McLaughlin absent)to recommend approval of PP-01-22 for a preliminary plat for Flats Sixteen 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-04-07 MOD. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. Provide a revised plat note #11 with the reference to private street within items C) and D) changed to reference private alley. The revised preliminary plat should be provided prior to submittal of a final plat application. 5. Provide a revised preliminary plat with Blocks 3 and 4 combined to become Block 3 with new sequential lot numbering, and Blocks 5 and 6 combined to become Block 4 with new sequential lot numbering. Block 7 should be renumbered to be Block 5. The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 27 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 6. Provide documentation from the subdivision contractor indicating the individual well(s) located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 7. Provide documentation from the subdivision contractor indicating the existing septic system and drainfield located on-site have been abandoned prior to the City Clerk signing the final plat. 8. 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 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. 9. The developer shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Council) shall be provided for City Council final approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 10. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. 11. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 12. The Flats Sixteen Subdivision shall remain under the control of one Homeowners Association. 13. 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. 14. The applicant shall work with the City to establish a Conservation and Education Program(CEP) Funding Plan associated with Flats Sixteen Subdivision. The CEP Funding Plan shall be executed by the applicant and the City prior to the City Clerk signing the final plat. Page 28 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 15. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department prior to submittal of a final plat application. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the_final plat. 16. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final plat application. 17. The applicant shall provide a copy of aprofessional survey of the site demonstrating that all non- access site design features (including residential dwelling units) do not encroach on any ITD Right-of-Way (Ada County instrument number 433443) or any ITD easements (Ada County instrument number 137341 and 137351). The professional survey shall be provided prior to submittal of a design review application. If ITD determines that the non-access site design features encroach into the ITD Right-of-Way or ITD easements, the applicant shall provide a revised preliminary plat showing all non-access site design features located outside of the ITD Right-of-Way and ITD easements prior to submittal of a design review application. 18. All access points; road and stub street locations shall be approved by ACHD and ITD prior to submittal of a final plat application. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. Page 29 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb,or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to,landscaping, fencing,lighting,and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. Page 30 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Middleton Rural Fire District/Star Fire Protection District shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the 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 Middleton Rural Fire District/Star Fire Protection District prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Middleton Rural Fire District/Star Fire Protection District prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,and Recreation Commission prior to approval of the final plat by the City Council. Page 31 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 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. Page 32 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights,claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed development agreement modification (RZ-04-07 MOD) 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 development agreement modification is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of MU-DA(Mixed Use with a development agreement [in lieu of a PUD]) is consistent with the Mixed Use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the north since that area is separated from the subject property by a state highway (SH-16) and the applicant will be required to construct a minimum 10-foot high landscape buffer within the subject property; d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-2(Residential Zone—City of Star designation)zone and land use to the south since that area contains a golf course; e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the east since that area is separated from the subject property by a state highway(SH- 16) and the applicant will be required to construct a minimum 10-foot high landscape buffer within the subject property; Page 33 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-2 (Residential Zone—City of Star designation)zone and land use to the west since that area contains a golf course; g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan, however, the applicant is required herein to comply with Eagle City Code Title 10, Flood Control regarding developing within an area of special flood hazard; and h. No non-conforming uses are expected to be created with this rezone based on the conditions contained herein. 2. The Commission reviewed the particular facts and circumstances of this proposed development agreement in lieu of a PUD, and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed preliminary plat (with a development agreement in lieu of a PUD) is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Flats Sixteen Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to 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. Flats Sixteen Subdivision is designed with less density than is allowed pursuant to the executed development agreement; therefore, making it more harmonious with the surrounding area. The commercial portion of the development is buffered from the surrounding properties with residential units;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Flats Sixteen Subdivision is designed in a manner which is harmonious with approved subdivisions located in proximity to the site and future development based on the comprehensive plan. The proposed subdivision will provide pedestrian and vehicular interconnectivity to the adjacent properties; 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 surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Flats Sixteen Subdivision will be served by State Highway 16. The subdivision is proposed with two (2) stub streets for providing access to the adjacent properties; 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. Page 34 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc Flats Sixteen Subdivision will be served by State Highway 16 and two (2) stub streets (upon development of the adjacent properties). All central services(including police and fire protection) are available or may be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Star Sewer and Water District, 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 8.22-acres (31.4%) of open space. A total of 6.67- acres (81.1%)of the common area open space is active open space. The open space consists of a tot lot, dog park, plaza area with a grassy field for private events, nature area and trails and pathways throughout the development; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will gain access from State Highway 16 from a northbound turning lane or a southbound deceleration lane; therefore, not impeding the flow of traffic. The development will also include two (2) stub streets to the adjacent properties located to the north, and west which will provide intra-neighborhood connectivity. The design and construction of the roadways and entrances is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The site was previously utilized for a residence, nursery, and a commercial restaurant; therefore, no scenic or historic features of major importance exist on site; and; 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 property is designated Mixed Use within the Eagle Comprehensive Plan. The property is currently zoned MU-DA (Mixed Use with a development agreement [in lieu of a PUD]). The subdivision is designed with less commercial and lower density than the density allowed pursuant to the executed development agreement; 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 a development agreement modification (development agreement in lieu of a PUD), and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition,the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Page 35 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc 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 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 single-family attached dwellings. 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 Middleton Rural Fire District/Star Fire Protection District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by Star Water and Sewer District. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to comply with the requirements and conditions of the Star Water and Sewer District. Also, the owner will be required to provide proof of central sewer service to the proposed residential uses. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion,the roads will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 31.4% passive and active open space. The open space consists of common lots containing seating areas and pathways. Maintenance The maintenance of any private open space areas will be regulated by the Flats Sixteen Subdivision Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Sanitation Service through a contract with the City of Eagle. Page 36 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$25,568.00.00/annually(without Homeowner's Exemption). p. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 20th day of February,2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho Trent Wright,Chairman CAT Y Op��'4, ATTE * GORp ••,y�% Trac sborn 1 ity Clerk = loth Cfl ;��, q • r OF O• , ♦ • • ♦ NN Page 37 of 37 K:\Planning Dept\Eagle Applications\SUBS\2022\Flats Sixteen Sub\03-Working Files\03-Planning and Zoning\Flats Sixteen Sub PZF.doc • e EXHIBIT"A" W2 eg g ' i Ii21 2! 2 11 4 3 62'1 1 , 1,i;s4 41,0;43 g „Ii,gt ii g8 m gig?' ., 6'1 4'1' '3 gi s4.4 2-00gglEg0 r 1 I - k.10 it. i Wig i-k D P 2' X' ZgE;1 WEW'N 2;1,;2g121 3 11,00.1 p g'. wi i d ;.60/ gWEJ ,4 1,NbNiizzs..! k, ENO p, L'R m.2 15' i 14 62 'g 4' Wi WI V 4'1,1 00". 12;Lli45 0 ,Olaa 4 'X: y 4 0*has. oigl!ip:' wEggl'olwig lig gimy..440 f„glg! 40 1.g A ig li g ,g g WR i-;,.: ,',33g12 e42ill'i 401'1,6 : *g Igg g 'ilii 111-gtilgl ri"10 4,!"q4' 'wig" 11 gi il !I .v,; !i§ '4;gid Iiiip-11 1.11bi, -. i: m1.1 Me g! !!; '41;!!4liiii!glOgnINe! 114q.12 'g m II gi. §.§ i 0. :phmi L I;z., §I hIg hig4;Aigilml, 011i Oil . 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