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Findings - PZ - 2024 - A-06-23/RZ-10-23/RZ-13-18 MOD & PP-07-23 - Terra View South - Annexation and Rezone, a Development Agreement Modification, and Preliminary Plat Approvals for Terra View South BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR AN ) ANNEXATION AND REZONE FROM RUT [RURAL- ) URBAN TRANSITION-ADA COUNTY DESIGNATION] ) TO MU-DA [MIXED USE WITH A DEVELOPMENT ) AGREEMENT(IN LIEU OF A PUD)],R-6-DA ) [RESIDENTIAL WITH A DEVELOPMENT AGREEMENT ) (IN LIEU OF A PUD)] AND R-2-DA [RESIDENTIAL WITH ) A DEVELOPMENT AGREEMENT(IN LIEU OF A PUD)], ) A REZONE FROM R-2-DA [RESIDENTIAL WITH ) A DEVELOPMENT AGREEMENT(IN LIEU OF A PUD)] ) TO MU-DA[MIXED USE WITH A DEVELOPMENT ) AGREEMENT(IN LIEU OF A PUD)],A DEVELOPMENT ) AGREEMENT MODIFICATION,AND PRELIMINARY ) PLAT APPROVALS FOR TERRA VIEW SOUTH ) SUBDIVISION FOR BECKY YZAGUIRRE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-23/RZ-10-23/RZ-13-18 MOD&PP-07-23 The above-entitled annexation, rezone with a development agreement, development agreement modification, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on April 15, 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: Becky Yzaguirre is requesting annexation and rezone from RUT (Rural-Urban Transition—Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA(Residential with a development agreement[in lieu of a PUD]),and R-2-DA(Residential with a development agreement [in lieu of a PUD]) for approximately 80.87-acres, a rezone from R-2-DA (Residential with a development agreement [in lieu of a PUD]) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) for approximately 3.33-acres, a development agreement modification,and preliminary plat approvals for Terra View South Subdivision, a 361- lot(230-single family residential, 71-single family attached, 25-commercial, 35-common) mixed use subdivision. The approximately 170.4-acre site is located on the northeast corner of West Floating Feather Road and State Highway 16 between West Floating Feather Road and West Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at North Star Public Charter School (parking lot) at 6:00 PM, on Friday, June 23,2023, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on October 4, 2023. A revised narrative was received by the City on October 23, 2023. A revised narrative was received by the City on March 18,2024. A revised preliminary plat was received by the City on March 26, 2024. Page 1 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on October 10, 2023, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 29, 2024. 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 March 29, 2024. The site was posted in accordance with Eagle City Code on April 3,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On February 12, 2019, 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) and R-2-DA (Residential with a development agreement) for a portion of the subject property(89.85-acres)for Hoot Nanney Farms,Inc. (Michal and Bill Dixon)(A-08-18/RZ-13-18). On April 3, 2019, the development agreement associated with application #RZ-13-18, between the City of Eagle and Hoot Nanney Farms, Inc. (Michael Dixon)was recorded at the Ada County Recorder's Office(Ada County instrument#2019-026053). E. COMPANION APPLICATIONS: Floodplain Development Permit Application, date stamped by the City on January 12, 2024 (FPDP-01-24). F. APPLICANT'S STATEMENT OF JUSTIFICATION OF THE REZONE: See justification letter dated October 23, 2023, provided by the applicant's representative (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated October 23, 2023, provided by the applicant's representative (attached to the staff report). Page 2 of 44 K:\Planning Dept\Fagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Village and MU-DA(Mixed Use with Agriculture Community Center, a development Compact Residential, agreement),R-2-DA and Neighborhood (Residential with a Residential development agreement) and RUT(Residential— Ada County designation) Proposed No Change MU-DA(Mixed Use with Mixed use development a development agreement including commercial, , [in lieu of a PUD]),R-6- single-family detached DA(Residential with a residential,and single- development agreement family attached [in lieu of a PUD]), and residential. R-2-DA(Residential with a development agreement [in lieu of a PUD]) North of Village and MU-DA(Mixed Use with Mixed use development site Community Center a development agreement (proposed Terra View [in lieu of a PUD]) Commercial Subdivision) South of Neighborhood R-2-DA-P(Residential Residential subdivision site Residential with a development (Arvory Crest agreement—PUD) Subdivision) East of site Village and RUT(Residential—Ada Vacant parcel and Community Center, County designation)and residential subdivision Compact Residential, MU(Mixed Use)and (proposed Millstone and Neighborhood MU-DA(Mixed Use with Farm Subdivision) Residential a development agreement),R-4-DA (Residential with a development agreement) West of site Mix-Use Development MU(Mixed Use—City of Residential subdivisions (City of Star) Star zoning designation) (Milestone Ranch and R2(Ada County Subdivision and Hoot designation) Nanney Farms),and River Birch Golf Course DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA,TDA,CEDA,or DSDA. Page 3 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc J. SITE DATA: Total Acreage of Site— 170.4-acres Total Number of Lots—361 Residential—301 Commercial—25 Industrial—0 Common—35 Total Number of Units—301 Single-family—230 Single-family attached—71 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.10-dwelling units/acre(not 2.10-dwelling units/acre(as inclusive of the commercial limited by the development area) agreement) Minimum Lot Size 2,643-square feet(R-6) 1,600-square feet (R-6)(single-family attached) 2,643-square feet(R-6) 5,000-square feet(R-6) (single-family detached) 7,920-square feet(R-2) 17,000-square feet(R-2) 9,619-square feet(MU) 5,000-square feet(MU) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)—pursuant to ECC Section 8-6-6-5(A). The offsetting increase of the required percentage of open space has been provided. Page 4 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Additional Site Data Proposed Required Minimum Lot Width 26-feet(R-6) 20-feet(minimum)(R-6 single-family detached) 50-feet(minimum)(R-6 single-family detached) 66-feet(R-2) 75-feet(minimum)(R-2) 105-feet(MU) 50-feet(minimum)(C-2) Minimum Street Frontage 30-feet 20-feet(R-6 single-family attached) 35-feet(R-6 single-family detached) 0-feet(accessed from shared 35-feet(R-2) driveway) Total Acreage of Common Area 51.59-acres(inclusive of 48.06-acres(minimum) Open Space planter strips) Percent of Site as Common Area 36.8% 34.3%(minimum) Open Space Except that,according to ECC Section 9-3-8(C)the City may require additional public and/or private park or open space facilities in PUDs • Percent of Common Area Open 16.2%(7.21-acres) 15%(minimum)(6.68-acres) Space as Active Open Space K. GENERAL SITE DESIGN FEATURES: Landscape Screening: The applicant is proposing a 50-foot-wide (minimum) buffer adjacent to North Hamlin Avenue (collector) with the exception of the area adjacent to the proposed townhomes. The applicant is also 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 adjacent to State Highway 16 is in conformance with Eagle City Code section 8-2A-7(J)(4)(c). Open Space: A total of 51.59-acres, approximately 36.8% of open space, is proposed within the residential subdivision. Approximately 7.21-acres (16.2%) of the proposed open space is "Open Space, Active" as defined by Eagle City Code Section 9-1-6. The open space consists of common lots containing amenities, swimming pool, pool house, pathways, and planter strips as shown on the preliminary landscape plan,date stamped by the City on March 26,2024. Page 5 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Commercial Area: The development will contain 25-commercial lots consisting of 25.73-acres in area. The lots vary in size from 9,619-square feet to 163,351-square feet with an average lot size of approximately 46,693-square feet. 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. All utilities including power are required to be placed underground. Fire Hydrants and Water Mains: The hydrants should be installed and approved as required by the Star Fire District. The proposed development is located within the City of Eagle Municipal Water Service Area. On-site Septic System—No. Pressurized Irrigation: See "Preliminary Irrigation Report for Terraview South Subdivision," date stamped by the City on October 4,2023 (attached to the staff report). Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. L. STREET DESIGN: Public Streets and Alleys: The public streets and alleys are to be designed and constructed as required pursuant to the ACHD report,date stamped by the City on August 23,2023 (attached to the staff report). Blocks Less Than 500': None. Cul-de-sac Design: One(1)cul-de-sac is proposed: • West Centerline Court: 597-feet in length,62-foot radius Page 6 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Sidewalks: The preliminary plat, date stamped by the City on March 26, 2024, shows typical street sections for the internal public streets with detached 5-foot-wide sidewalks separated by an 8-foot-wide landscape planter strip located within the right-of-way. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street name approval by the Ada County Street Name Committee has not been received to date. Approval from that committee is required prior to final plat approval. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: See "Parks, Pathways, and Recreation Commission Pathway Recommendations" memo, dated February 15,2024(attached to the staff report). N. PUBLIC USES PROPOSED: The applicant is proposing a 10-foot-wide regional trail located adjacent to Little Gulch Creek. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—yes—located along Little Gulch Creek Mature Trees—yes—located beside a pond at the northeast corner of the site Riparian Vegetation-no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—no Wildlife Habitat—unknown R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required Page 7 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc S. AGENCY RESPONSES: The following agencies have responded,and their correspondence is attached to the staff report. Ada County Highway District Ballentyne Ditch Company COMPASS Department of Environmental Quality Eagle Sewer District City Engineer: All comments within the Engineer's letters dated, January 12, 2024, are of special concern(attached to the staff report). Eagle Historic Preservation Commission (HPC): HPC email dated October 12, 2023, (attached to the staff report). T. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION: See comments within the Parks, Pathways, and Recreation Commission's memo dated February 15,2024(attached to the staff report). U. LETTERS FROM THE PUBLIC:None. V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The phasing plan, date stamped by the City on March 26, 2024, shows the development will be constructed in nine(9)phases.The proposed timing of the phasing is as follows: Phase 1 Final Plat Recorded Fall 2026 Phase 2—2028 Phase 3—2029 Phase 4—2030 Phase 5—2028 Phase 6—2029 Phase 7—2030 Commercial Phases 8-9 Between 2028 and 2035. W. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke,fumes,glare or odors. Page 8 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss,or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 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. For a request of up to 10%of the gross land area to be directed to uses other than residential (i.e.;commercial, industrial,public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards Page 9 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • The Comprehensive Plan Land Use Map (Western Area Plan adopted 02-10-15) designates this site as: Village/Community Center Village and Community Centers are intended to serve as mixed use centers for goods, services and employment for areas that are removed from downtown Eagle. Uses and residential densities vary based on location. See the planning area text for a complete description of site specific uses. Compact Residential Suitable for single family residential, row houses, duplex and four-plexes. Densities range from 4 units per acre to 8 units per acre. Neighborhood Residential Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. Scenic Corridor An Overlay designation that is intended to provide significant setbacks from major corridors and natural features through the city. These areas may require berming, enhanced landscaping,detached meandering pathways and appropriate signage controls. 6.6 Village Planning Area The Village Planning Area is designated for the establishment of an employment center at Beacon Light Road that is oriented to the State Highway 16 corridor and the provision of goods and services in the northwest portion of the city so residents are not required to travel significant distances for basic amenities. The land uses are intended to be flexible to encourage corporate office, light manufacturing, and similar uses into the area and to create a unique destination within the City. The non-residential area along Beacon Light Road will transition into similar sized large lot residential uses as development approaches Homer Road and the Foothills. Neighborhood Residential uses are designated south of Beacon Light to Floating Feather Road. This area is not intended to be master planned but does require great care in planning to ensure that uses are compatible and that the Village Center serves as the activity center of the area and is not taken over by residential uses. 6.6.1 Village Planning Area Uses/Design A. The land use and development policies specific to the Village Planning Area include residential, commercial, retail, civic, research and development park, corporate and/or educational campus, hospitality, and office uses. Non-residential uses will be focused in the Village Center. Page 10 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 1. Village Center: The Village Center is generally located along the north and south sides of Beacon Light Road, extending from State Highway 16 East to Hartley Lane, as shown on the Future Land Use Map (Map 6.1). All Non-residential uses will be focused in the Village Center. This area is comprised of three key components: a. A research/development park, educational campus, and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting with ancillary commercial uses located in the Village Center; and b. The village center should include supporting office,retail commercial,hospitality, and civic uses that will benefit and support the non-residential uses,as well as the larger residential area; c. Office and restaurant uses with drive thrus are considered a supporting use to the corporate and campus uses. Office and restaurant uses that are appropriately designed and internally oriented to the larger development area may be considered on a case by case basis. 2. Residential Uses should be developed as follows: a. New developments proposed near the Village Center in the Compact Residential designation are encouraged to include apartments, town homes, condominiums, patio homes,bungalows and live/work units ranging in densities from 4 to 8 units per acre. b. Densities should decrease as distance increases from the village center. The overall densities in the Village Planning Area and, in the Neighborhood, Residential designation, south of Beacon Light Road, should average 1-2 units per acre. Residential area north of Beacon Light is Large Lot Residential with a Residential Transition Overlay, transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. d. All non-residential use in the Village Planning area should be directed to the Village Center or the commercial center at State Highway 16 and State Highway 44. 6.6.2 Village Planning Area Access A. The development Village Center Planning Area should include the construction of north/south boulevards as entry roads into the area. These roads should include planted medians,detached sidewalks,and traffic circles. C. The Village Planning Area will be dependent upon the interconnectivity of local roads as the area develops. D. Access to the area from State Highway 16 should be limited to Beacon Light Road and, in the short-term,Floating Feather Road. E. Commercial and retail uses should be discouraged from fronting on State Highway 16. Non-residential uses should be focused internally to the Village Center with residential uses focusing on local/collector roads. F. ITD should be discouraged from constructing frontage roads along the eastern side of State Highway 16. Alternatively, development should install landscape berms along State Highway 16 to continue a gateway feeling similar to Eagle Road. Page 11 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc G. A collector road should be constructed from the Village Center south to Floating Feather Road and into the commercial development at the State Highway 44 and State Highway 16 intersection. H. The design of the area should incorporate non-motorized pathways linking residential areas to the Village Center, foothills,and the existing Eagle Downtown. 6.6.3 Issues of Concern A. The scaling and compatibility of uses will be of significant concern in this area. In order for non-residential uses to locate in this area they will require the establishment and development of residential uses prior to construction. The compact residential designation should be developed to support the planned non-residential uses in the area. New residents should be made aware that the area is intended to have research/development park, educational campus,and/or corporate park uses in the area. B. Special care should be taken to preserve the Village Center area. While residential uses will be the first demand in the area the City needs to work with land owners and developers to preserve sufficient land for the non-residential uses that will be needed to serve the area at buildout. If development pressure is not held back, the City's vision for an employment area will not be achieved. C. Special care should be taken to ensure that employment uses are incorporated into the Village Center. The Village Center designation is scaled for the inclusion of employment uses. If the City allows the area to shift into a retail and/or commercial-only area the size of the land use designation should be re-scaled. D. Special care should be taken to ensure that non-residential uses area internally oriented to the Village Center and that buildings and signage do not clutter the State Highway 16 corridor. If special care is not taken the vision of the City of Eagle for State Highway 16 to serve as an entry corridor will not be achieved. B. POLICE REGULATIONS CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 5-2-3 Weapons,Discharge Of: A. It shall be unlawful for any person to discharge a firearm within the corporate limits of the City except on any property twenty (20) acres in size or larger when the discharge will not endanger persons or property or on any property owned by the Bureau of Land Management. Nothing in this section shall be construed to prohibit any officer of the law from discharging a firearm in the performance of his or her duties, nor to prohibit any person from discharging a firearm when lawfully defending any person or property or when lawfully discharging a firearm on a sport shooting range as defined in Idaho Code. C. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 8-1-2 defines Dwelling, Single-Family Attached as: 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 8-1-2:Rules and Definitions: Easement: Authorization by a property owner for the use by another, and for a specified purpose,of any designated part of his property. Page 12 of 44 K:\Plantung Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Retail Sales: A. General: The retail sale of merchandise not specifically listed under another use classification. This classification includes department stores, clothing stores,video stores, and furniture stores, and businesses retailing the following goods: toys, hobby materials, handcrafted items, jewelry, cameras, photographic supplies, electronic equipment, records, sporting goods, bicycles, kitchen utensils, hardware, appliances, art antiques, art supplies and services, paint and wallpaper, carpeting and floor coverings, and office supplies. B. Limited: Excludes furniture, hardware,paint and wallpaper, carpeting and floorcovering, and similar uses. • Eagle City Code, Section 8-2-1 Districts Established Purposes And Restrictions: The following zoning districts are hereby established. For the interpretation of this title the zoning districts have been formulated to realize the general purposes as set forth in this title. In addition,the specific purpose of each zoning district shall be as follows: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3,R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all zoning districts except the city council may permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a determination that the public health, safety,and welfare will not be negatively impacted. Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail.When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of development that are required during the PUD and conditional use process. MU MIXED USE DISTRICT: To provide for a variety and mixture of uses such as limited office, limited commercial,and residential. This district is intended to ensure compatibility of new development with existing and future development. It is also intended to ensure assemblage of properties in a unified plan with coordinated and harmonious development which shall promote outstanding design without unsightly and unsafe strip commercial development. Uses should complement the uses allowed within the CBD zoning district. All development requiring a conditional use permit in the MU zoning district,as shown in section 8-2-3 of this chapter, shall occur under the PUD and/or development agreement process in accordance with chapter 6 or 10 of this title unless the proposed development does not meet the area requirements as set forth in section 8-6-5-1 of this title. In that case a cooperative development, in conjunction with adjacent parcels (to meet the minimum area requirements), shall be encouraged. Otherwise a conditional use permit shall be required unless the proposed use is shown as a permitted use in the MU zoning district within section 8-2-3 of this chapter. Residential densities shall not exceed ten(10)dwelling units per gross acre. When a property is being proposed for rezone to the MU zoning district a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council provided the development agreement includes conditions of development that are required during the PUD and conditional use process. Page 13 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Eagle City Code, Section 8-2-3 Schedule of District Use Regulations: Retail Sales (General and Limited) are allowed by Conditional Use within the MU (Mixed Use)zoning designation. • Eagle City Code, Section 8-2-4 Schedule of Building Height and Lot Area Regulations for the MU(Mixed Use)zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq.Ft.)G And H* R-2 35' 30' 30' 10' 20' 40% 17,000 75' R-6 35' 20' 20' 7.5' 20' 60% 5,000 50' R-6 to R- 35' 20' 15' 5' 20' N/A '1,600 20' 10 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' B. Except for single-family attached dwellings, an additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code, Section 8-2A-7(J)(4)(a):Buffer Area/Common Lots: a. Any road designated as a collector on the master street map typologies map in the Eagle comprehensive plan: A minimum of thirty five feet(35')wide buffer area(not including right of way)shall be provided with the following plants per one hundred(100)linear feet of right of way: four (4)shade trees,five(5)evergreen trees, and twenty four(24)shrubs.Each required shade tree may be substituted with two(2)flowering/ornamental trees,provided that not more than fifty percent(50%)of the shade trees are substituted. A minimum five foot(5')high,maximum eight foot(8')high,berm,decorative block wall,cultured stone,decorative rock,or similarly designed concrete wall,or combination thereof shall be provided within the buffer area.The maximum slope for any berm shall be three feet(3')horizontal distance to one foot(1')vertical distance. If a decorative 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. Page 14 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Eagle City Code, Section 8-6-6-5: Arrangement of Residential Units: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision,the initial starting point for minimum open space,prior to any"offsetting increase"being added,shall be the area that is equal to ten percent(10%)of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the"offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD.These design elements are as follows: a. Landscaping, streetscape,open spaces and plazas,use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting,visual focal points,use of existing physical features such as topography, view, sun and wind orientation,circulation pattern,physical environment, variation in building setbacks and building grouping(such as clustering); and c. Design features, street sections,architectural styles,harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. • Eagle City Code, Section 8-7-3-3 Public Sites and Open Spaces: B. Natural Features: 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 development. C. Special Developments: In the case of planned unit developments and large scale developments, the council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. D. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 9-3-2-1: Streets and Alleys: Location and Design: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. Page 15 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc J. Driveways: Driveways which provide access to no more than two(2)lots shall be allowed within any subdivision provided at least one (1) of the lots has the minimum street frontage required in section 8-2-4 of this code. • Eagle City Code, Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. E. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 10-1-8-5: Subdivisions: D. Base flood elevation data shall be provided for subdivision proposals and other proposed development located within any area of special flood hazard. E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the floodway boundary including a certification by a registered surveyor that the boundaries were established consistent with the FIRM map (in effect at the time of approval of the plat) for the city of Eagle. All subdivision plats shall contain a note or notes that warn prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundary lines. • Eagle City Code, Section 10-1-8-7: Floodplain and Floodway Standards: Within the special flood hazard areas designated as zone A (also known as unnumbered A zones) and established in section 10-1-6, where no base flood elevation (BFE) data has been provided by FEMA, the following provisions, in addition to the provisions of section 10-1-8- 2 and section 10-1-8-6, shall apply. The BFE used in determining the flood protection elevation (FPE) shall be based on the following criteria: 3. All subdivision,manufactured home park, and other development proposals shall provide base flood elevation(BFE) data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such base flood elevation (BFE) data shall be adopted by reference in accordance with section 10-1-6 and utilized in implementing this chapter. The applicant/developer shall submit an application for a conditional letter of map revision(CLOMR)prior to preliminary plat approval and have obtained a letter of map revision(LOMR)prior to any building permits for structures being issued. F. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.3 Eagle hereby acknowledges that the Concept Plan (Exhibit C) is consistent with the proposed zoning of the property. All future development of the Property shall be generally consistent with the Concept Plan; provided, however, it is the intent of this Agreement to allow flexibility until such time a detailed conceptual site plan ("Conceptual Site Plan"), and preliminary plat are submitted to Eagle so long as the general intent of the Concept Plan and the conditions and limitations set forth in this Agreement are met. Owner shall Page 16 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc submit the Conceptual Site Plan outlining future phased developments as a modification to the development agreement prior to or concurrent with a preliminary plat application. The Conceptual Site Plan shall provide more detail, including but not limited to, location of roads within the development, lot layout, lot dimensional standards, setbacks for the commercial areas, location and size of common areas and buffer areas. The City shall hold necessary public hearings pursuant to Eagle City Code notice requirements to address the Conceptual Site Plan and any changes thereafter proposed to said plan.The Conceptual Site Plan shall be in lieu of the preliminary development plan within the area zoned MU-DA (Mixed Use with a development agreement) provided Conditions of Development and the Findings of Fact and Conclusions of Law for the development agreement modification are similar to Conditions of Development required during the PUD and conditional use process. 3.4 The approximate 89.85-acre site shall consist of approximately 29.23-acres of proposed Mixed Use zoned area and approximately 60.62-acres proposed R-2 zoned area as identified on the Concept Plan. 3.4.1 Mixed Use Area. Situated within the northern third of the Property,this portion of the Property is located within the Village Planning Area pursuant to the Eagle Comprehensive Plan (Chapter 6.6). Owner agrees that all land uses to utilized on the Property shall be compatible with the Village Planning Area, Village Center, and Compact Residential areas as identified in the Eagle Comprehensive Plan emphasizing mixed uses of commercial and residential development that provides a transition of density within this portion of the Property with commercial uses located in proximity to West Beacon Light Road transitioning to compact residential to the south to the proposed R-2 zone area as identified on the Concept Plan. Residential and non-residential development shall emphasize pedestrian-friendly development. 3.4.1.1 Residential development shall consist of single-family homes, apartments, town homes, condominiums and/or patio homes with a range of densities and with density generally decreasing as the area radiates out from the Village Center and Compact Residential areas. Residential portions of the Property shall not require a conditional use permit. 3.4.1.2 Commercial development in the Mixed Use Area should strive to enhance vehicular trip capture minimizing high traffic generating uses. The Village Center specifically seeks to provide: retail commercial; hospitality; civic uses; and a research and development/educational campus and/or corporate park area designed to provide sufficient space for corporate headquarters in a park-like setting near ancillary commercial uses located within the Village Center. 3.4.2 Non-Residential(Commercial)Mixed Use. Commercial uses shall be limited to those uses that complement or are ancillary to the Village Center corporate and campus uses and are otherwise limited to the following uses: • Bar • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales(hours limited to 7am to 10pm) • Grocery Store(not to exceed 55,000 square feet) • Fuel Service • Hospital • Live Entertainment Events Page 17 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Massage/Spa • Office: Business,Professional and Medical • Professional Activities • Restaurant(hours limited to 7:00am to 11:00pm) • Retail Sales Limited • Retail Sales(pharmacy and medical) • Travel Services • Theater(movie) 3.4.2.1 Except as described in Section 3.4.2 above, no single retail tenant on the Property shall exceed twenty-five thousand (25,000) square feet in building footprint area without a conditional use permit. A Grocery Store exceeding 55,000 square feet shall require a Conditional Use Permit. 3.4.2.2 Non-residential (commercial) mixed uses with limited hours of operation/hours of delivery listed in Section 3.4.2 above may obtain expanded hours of operation/hours of delivery through the modification of this Agreement. 3.4.2.3 Notwithstanding the allowed uses set forth in Section 3.4.2 above, no portion of the Property shall be used for any of the following uses: • Adult Business • Automotive,Mobile Home,Travel Trailer, and/or Farm Implement Sales • Cemetery • Drive-in Theatre • Mortuary/Funeral Home • Storage(fenced area) 3.4.2.4 All non-residential (commercial) mixed uses may be subject to reasonable dark-sky lighting, noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.4.3 Residential Development. 3.4.3.1 The total residential area zoned R-2-DA (Residential with a development agreement) shall be approximately 60.62-acres (inclusive of open space) representing 67.7% of the Property. The maximum density for the Property shall be 2.00 dwelling units per acre with a maximum of 121 dwelling units. 3.4.3.2 Residential development shall emphasize transitioning with multi-family dwellings located within the area zoned MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) adjacent to the mixed use non- residential development and transitioning to the single-family dwellings located within the R-2 Zone Area as shown on the Concept Plan. 3.4.3.3 All multi-family structures shall be located within the MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) area shall be in conformance with Eagle City Code Section 8-2A and shall receive approval from the Eagle Design Review Board and Eagle City Council prior to issuance of any building permits. 3.5 Except as otherwise provided within this Agreement, Owner shall comply with the Eagle City Code in effect at the time of development, including, without limitations, applications for development permits as required by Title 10,Flood Control,Eagle City Code. Page 18 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 3.6 Owner shall construct the required buffer areas located adjacent to State Highway 16 and Beacon Light Road, including a ten (10) foot wide bicycle/pedestrian pathway within the landscape common lot. The landscape, including street trees and pathways, shall be reviewed and approved as required by applicable Eagle City Code provisions and as set forth as follows: 3.6.1 A seventy-five (75) foot wide common lot shall be provided adjacent to residential areas along State Highway 16 and shall include a minimum ten (10) foot high, maximum twelve (12) foot high, berm/wall combination with extensive landscape to provide a buffer. All buffers shall be located within a common lot located outside of the area for right of way dedication to the Idaho Transportation Department("ITD"). 3.6.2 A fifty (50) foot wide common lot shall be provided adjacent to residential areas along West Floating Feather Road and shall include a minimum five (5) foot high, maximum eight (8) foot high, berm/wall combination with extensive landscape to provide a buffer. 3.6.3 The Property shall be designed to allow for a public roadway connecting this site to the adjacent site to the east and to the Village Center development to the north. Approved access points are subject to approval by ITD and ACHD, as applicable, and Owner must provide all necessary approvals and/or license agreements. 3.16 Owner shall comply with all requirements of ITD and/or ACHD,as applicable,including, but not limited to,access approaches on Beacon Light Road and Floating Feather Road, and proposed internal road locations, and road design. Street access and direct lot access to State Highway 16 shall be prohibited. 3.17 A new north south collector road shall be constructed in lieu of the typical ITD frontage road at a minimum distance of 750 feet from the right-of-way dedication for State Highway 16. 3.18 Owner shall work with Valley Regional Transit(VRT)to establish a Park and Ride facility to be located within the Mixed Use zoned area as shown on the Concept Plan to help with the reduction of vehicle trips within the immediate area. G. DISCUSSION (based on the executed development agreement, Ada County Instrument #2019- 026053,preliminary plat, date stamped by the City on March 26, 2024, and narrative date stamped by the City on March 18, 2024): • The executed development agreement associated with 89.52-acres of the property consisted of 60.62-acres of R-2 (Residential) zoned area and approximately 29.23-acres of MU (Mixed Use) zoned area (areas based on measurements to the centerline of the right-of-way). The applicant's proposal contains the original 89.52-acres and an additional 80.88-acres for a total of 170.4-acres. The proposed overall density is 2.10-dwelling units per acre (not inclusive of the non-residential area). • The applicant is required to construct North Hamlin Avenue as a residential collector. The preliminary plat shows the residential Lots 8-19, Block 3, located adjacent to the North Hamlin Avenue. Also, the side lot line of Lot 45, Block 4, is located approximately 20-feet from North Hamlin Avenue. The applicant is requesting a waiver to allow the front doors of the detached townhomes to front North Hamlin Avenue. The waiver request is silent to the side lot line associated with Lot 45, Block 4. Pursuant to Eagle City Code, Section 8-2A-7(J)(4)(a), any road designated as a collector requires a minimum 35-foot-wide buffer area with a minimum 5-foot to 8-foot high berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. Staff will defer to the Council regarding the requested waiver. Page 19 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • The preliminary plat shows Block 3 and Block 4 with a public alley located within a public-right- of-way dividing them. Blocks are required to be numbered sequentially when divided by public rights-of-way. The applicant should provide a revised preliminary plat with Lots 1C-20C, Block 3, located within a separate Block, and Lots 1C-15C, Block 4, located within a separate Block. The remaining lots within Blocks 3 and 4, should be renumbered sequentially starting with the number 1. The revised preliminary plat should be provided prior to submittal of a final plat application. • The applicant is requesting permission to continue hunting within the property provided the area where the hunting is taking place is a minimum of 20-acres in size. Pursuant to Eagle City Code Section 8-2-3, discharge of a firearm is permitted within an area a minimum of 20-acres in size and the discharge of the firearm will not endanger persons or property. The owner should be permitted to continue hunting within the property, provided the portion of the property that is being hunted is twenty (20) acres in size or larger and the discharge of the firearm will not endanger persons or property. • The applicant is requesting a rezone with a development agreement in lieu of a planned unit development(PUD). As part of the planned unit development process, the applicant may request setbacks that differ from the setback required pursuant to Eagle City Code Section 8-2-4. The applicant is requesting the following setbacks: 2,000-6,999 sq.ft.lots: Front: 20-feet or 10-feet for alley loaded Rear: 10-feet Side: 3-feet,0-feet(attached side) Street Side: 15-feet Maximum Lot Coverage:N/A 7,000 to 13,499 sq.ft.lots: Front: 15-feet living area/22-feet front-load garage to back of sidewalk Rear: 10-feet Side: 5-feet(first story), 5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 60% 13,500 and larger sq.ft.lots: Front: 15-feet living area/22-feet front-load garage to back of sidewalk Rear: 25-feet Side: 5-feet(first story),5-feet(each additional story) Street Side: 20 feet Maximum Lot Coverage: 40% The applicant's proposed setbacks for the single-family detached dwelling units are similar to the setbacks approved for Terra View Subdivision located on the north side of West Beacon Light Road with the exception of lots greater than 13,500 square-feet and the single-family lots 2,000- 6,999 square-feet in size located within the proposed R-6 (Residential) zoned area. Based on the length and width of the lots, which are 13,500 square-feet and above, larger setbacks should be required for the front and side setback requirements. The applicant is proposing the lot widths of the lots within the R-6 (Residential) zoned area similar to the lot widths of the lots within Paddy Row Subdivision located in downtown Eagle. Also,the R-6(Residential)zoned area within Terra View South Subdivision is located adjacent to the proposed commercial uses similar to Paddy Page 20 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Row Subdivision. It is staffs opinion (based on the sizes and widths of the proposed lots and the location of the sidewalk within the right-of-way)the setbacks should be as follows: 2,000-6,999 sq.ft.lots: Front: 20-feet or 10-feet for alley loaded Rear: 10 feet Side: 3-feet,0-feet(attached side) (one and two-story) Street Side: 15-feet Maximum Lot Coverage:N/A 7,000 to 13,499 sq.ft.lots: Front: 15-feet living area and side entry garage/23-feet front-load garage Rear: 10-feet Side: 5-feet(first story),5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50%(single-story)and 40%(two-story) 13,500 and larger sq.ft.lots: Front: 20-feet living area and side entry garage/23-feet front-load garage Rear: 25-feet Side: 7.5-feet(first story), 5-feet(each additional story) Street Side: 20 feet Maximum Lot Coverage:40% Commercial lots(Lots 1-16,Block 1 and Lots 1-10, Block 2): Front: 20-feet Rear: 20-feet Side: 7.5-feet Street Side: 20-feet Maximum Lot Coverage: 50% • The applicant has provided architectural elevations showing the styles of homes to be constructed within the development. If the applications are approved, the architectural elevations will be included as an exhibit to the findings of fact and conclusions of law and subsequently included within the development agreement. The applicant should establish an Architectural Control Committee (ACC) as a component to the CC&Rs. The submittal of a building permit application to the city for each structure within the development should be accompanied by an approval letter from the ACC. Also, no similar front elevation(utilizing the same architectural style or color) of any residential dwelling shall be duplicated(with the exception of the area zoned R-6-DA): o Within five(5)lots measured from each side lot line; o Directly across the street and within five(5)lots(measured from each side lot line); and o Directly behind any lot and within five(5)lots(measured from each side lot line). Page 21 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • The preliminary plat shows Lots 37 and 36, Block 2, Lots 41 and 42, Block 2, Lots 59 and 60, Block 2,Lots 16 and 18, Block 11, and Lots 14 and 15, Block 13, as having shared driveways(as shown below). Eagle City Code Section 8-2-4 requires that residential lots have a minimum of 35-feet of frontage. As designed, it appears the applicant is trying to add more lots without providing the frontage required pursuant to Eagle City Code. The applicant should be required to provide a revised preliminary plat showing all buildable lots with the required street frontage. The revised preliminary plat should be provided prior to submittal of a design review application. rr ~_ N !L1 :�IRV A' E RI :AN AVE 2 L. ?, WM v d r" .. _ (4,„ _ i wil 60 : 1: . Lots 36 and 37, Block 2 Lots 41 and 42, Block 2 Lots 59 and 60, Block 2 __J Mill Milk _ - i , , i B /NI Tr '4 •t.— fr Mr F- Lots 16 and 18,Block 11 Lots 14 and 15,Block 13 • The preliminary plat shows the cul-de-sac located at the terminus of West Centerline Court without the required landscape island. Pursuant to Eagle City Code Section 9-3-2-1(G), cul-de- sacs shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. The applicant should be required to provide a revised preliminary plat showing the cul-de-sac located at the terminus of West Centerline Court to include a landscape island with the minimum radius of ten feet(10').The revised preliminary plat should be provided prior to submittal of a design review application. • Plat note #2 references the public utilities, irrigation, lot drainage, sewer, and street light easements adjacent to the public streets or fronting the private shared driveway lots. The reference to the shared driveway lots should be removed from the plat note based on the requirement to provide a revised preliminary plat showing all lots to have street frontage. The applicant should be required to provide a revised preliminary plat with plat note #2 revised to state, "Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage, and streetlights over the 12-feet adjacent to any public street. This easement shall not preclude the construction of hard-surfaced driveways and walkways to each lot." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 22 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doe • The Flood Insurance Rate Map (FIRM), Panel #16001C0130J, shows three (3) of the parcels (as shown in red below) contain an area designated Zone "A"which does not have established base flood elevations (BFE). The Legend contained within pages 3.0 — 3.6 of the preliminary plat identifies color coded lines for the "Existing Zone A Flood Plain", "Proposed Flood Plain", and "Proposed Flood Way."[sic] Although the Legend identifies the colored coded lines the preliminary plat map does not show the locations of the existing floodplain,proposed floodplain, or proposed floodway. The applicant should be required to provide a revised preliminary plat identifying the locations of the existing floodplain, proposed floodplain, or proposed floodway. The revised preliminary plat should be provided prior to submittal of a final plat application. tre 44.07 Also, the preliminary plat does not contain a plat note which warns prospective buyers of property that sheet flooding can and will occur and that floods of greater magnitude may inundate areas outside identified floodway and floodplain boundaries. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "Portions of this subdivision are located within a Special Flood Hazard Area(SFHA)as identified on the Flood Insurance Rate Map (FIRM), Panel Number 16001CO130J (in effect at the time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain boundary lines. The revised preliminary plat should be provided prior to submittal of a final plat application. • Pages 3.0 and 4.0 of the preliminary plat shows a proposed 27-foot-wide easement to G&G Investments located adjacent to the southern property line of Lot 3, Block 2. The easement is proposed to provide ingress/egress access to the adjacent property located west of the proposed Terra View South Subdivision. The proposed easement is not noted within the plat notes. The applicant should be required to provide a revised preliminary plat delineating a 27-foot-wide ingress/egress access easement located adjacent to the southern property line of Lot 3, Block 2. The revised preliminary plat should contain a new plat note identifying the ingress/egress access easement with a reference to a recorded easement number. The revised preliminary plat should be provided prior to the City Clerk signing the final plat. The applicant should be required to record the ingress/egress access easement and reference the recordation number within the notes on the Page 23 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc final plat prior to the City Clerk signing the final plat. • On February 15, 2024, the Parks, Pathways, and Recreation Commission reviewed the proposed pathways and amenities within the development. The applicant should be required to provide public pathways and associated easements based on the following: PATHWAYS: 1. The developer shall provide a 10-foot-wide concrete sidewalk built to the ACHD Standards for Sidewalk in the alignments shown in RED and PINK in FIGURE 1. The unconnected ends of these alignments shall employ the cul-de-sac design described in the City Standard. 2. The developer shall provide an 8-foot-wide concrete sidewalk built to the ACHD Standard for Sidewalks in the alignments shown in ORANGE in FIGURE 1. 3. The developer shall provide a 10-foot-wide asphalt pathway built to the City of Eagle Pathway and Trail Design and Construction Standards (Resolution No. 23-19) in the alignments shown in BLUE in FIGURE 1. PUBLIC ACCESS EASEMENTS: 1. The developer shall provide 20-foot-wide public access easements associated with the ORANGE and BLUE pathways. The easements shall have a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible for the alignment shown in ORANGE and BLUE in FIGURE 1. A. All pathways shall be constructed, and a survey depicting the location of this pathway within the easement must be submitted to the City, prior to the City Clerk signing of the final plat for each phase. MAINTENANCE: 1. The developer and future homeowner's association shall provide maintenance of all sidewalks and pathways in perpetuity. FIGURE 1 x - s $ t0 r y1 ww�1 g i .. � � . a :` «. 4 l ;_ r . 1 .,. ., _ .. , ,,.., .t. f4 fi wR a4n I r :::„._ .. 41 '- Wc. D.-•g • Page 24 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Tema View South Subdivision\Working Files\Terra View South Sub PZF.doc The pathways should be constructed, and the easements recorded and referenced on the final plat prior to the City Clerk signing the final plat. As part of the Parks, Pathways, and Recreation Commission recommendation, the Commission indicated the applicant should be required to provide additional open space within the southern portion of the site. • Plat notes numbers 3 and 4 of the preliminary plat read as follows: 3. Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities,irrigation, and lot drainage over the five(5)feet adjacent to side lot lines. 4. Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities,irrigation,and lot drainage over the ten(10)feet adjacent to rear lot lines. The proposed subdivision contains 25-commercial lots. Typically, during commercial development the lots may be reconfigured or reduced in number. Based on plat notes numbers 3 and 4 of the preliminary plat, upon recordation of a final plat, all of the interior lots lines of the commercial lots will have be a permanent easement for public utilities, irrigation, and lot drainage. Commercial lots should be required to have blanket public utilities, irrigation, and lot drainage easements to allow for flexibility of lot configuration. The applicant should be required to provide a revised preliminary plat with plat note#3 revised to state, "With the exception of Lots 1-7 and Lots 9-16, Block 1, and 1-10, Block 2, unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, and lot drainage over the five (5) feet adjacent to side lot lines and over the ten (10) feet adjacent to rear lot lines."The revised preliminary plat should be provided prior to submittal of a final plat application. The applicant should be required to provide a revised preliminary plat with plat note#4 revised to state, "Unless otherwise designated or dimensioned,Lots 1-7 and Lots 9-16,Block 1, and 1-10, Block 2,shall have a blanket public utilities,irrigation,and lot drainage."The revised preliminary plat should be provided prior to submittal of a fmal plat application. • Plat note#6 of the preliminary plat references conditions of development within the development agreement third modification recorded as instrument no. 2018-030159 (records of Ada County). The referenced development agreement is associated with the Terra View development located on the north side of West Beacon Light Road. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Code or as specifically approved by the conditions of development the Amended and Restated Development Agreement recorded as Instrument No. ,records of Ada County, Idaho, and any subsequent modification(s). The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #8 of the preliminary plat references the common lots (lot and block) within the development. The referenced common lots are inclusive of the shared driveway lots. Pursuant to site specific condition of approval #5 all lots are required to have street frontage, which will eliminate the shared driveway lots. Also, the plat note does not include language indicating the common lots are subject to a blanket public utility,drainage, and irrigation easement. Further, the note does not reference that driveways are prohibited across all common lots. The applicant should be required to provide a revised preliminary plat with plat note #8 revised to remove the following common lots: Lots 35, 43, and 61, Block 2, Lot 17, Block 11, and Lot 16, Block 13. The revised plat note should also include language stating the common lots are subject to a blanket public utility, drainage, and irrigation easement and that driveways are prohibited across all common lots. The revised preliminary plat should be provided prior to submittal of a fmal plat application. Page 25 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Plat note#9 of the preliminary plat states, "Irrigation water has been provided from the Farmers Union Ditch Company in compliance with Idaho Code 31-3805(B). Lots within this subdivision will be entitled to irrigation water rights and individual lots will pay assessments through the homeowner's association." The note does not address who is responsible for the operation and maintenance of the pressurized irrigation system. Also, the note indicates the individual lots will pay assessments through the homeowner's associated. The individual lots will be subject to assessments associated with irrigation water rights. The applicant should be required to provide a revised preliminary plat with plat note #9 revised to state, "Irrigation water has been provided by Farmers Union Ditch Company, in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Terra View South Subdivision Homeowner's Association, or its assigns. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat shows commercial lots located within the northern portion of the development. Also, it is not known if a vehicle may be parked on a lot and the occupants of the vehicle may cross a lot line to patronize another business.Not all the commercial lots have direct access to a public street. The preliminary plat does not contain any notes regarding cross-parking or cross-access for ingress or egress to a public street. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "Lots 1-7 and Lots 9-16, Block 1, and 1-10, Block 2, shall provide perpetual reciprocal cross-parking and cross-access for vehicular and pedestrian ingress and egress to public rights-of-way. Such perpetual easement shall run with the land and the restrictive covenant for maintenance cannot be modified and the owner's association or other entity cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat should be provided prior to submittal of a final plat application. PUBLIC HEARING OF THE COMMISSION(Public Hearing Audio/Video Record): https://eagle-id.granicus.com/player/clip/1863?meta id=93827 A. A public hearing on the applications was held before the Planning and Zoning Commission on April 15, 2024, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided by the applicant. A summary of the deliberation can be found at the following link(Granicus time: 02:03:18): https://eagle-id.granicus.com/player/clip/1863?meta_id=93827 As part the Commission's deliberation,the Commission recommended striking Site Specific Condition of Approval #29 regarding the establishment of a Conservation and Education Program (CEP) associated with the Terra View South Subdivision. The applicant's proposal to return Little Gulch Creek to its original state is in accordance with Eagle City Code Section 8-6-7 (B), since returning the creek to its original state will provide mitigation associated with the impacts of development to the existing natural resources. Page 26 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 4 to 0 (Wright absent) to recommend approval of A-06-23/RZ-10-23/RZ-13-18 MOD for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA (Residential with a development agreement [in lieu of a PUD]) for approximately 80.87-acres, a rezone from R-2-DA (Residential with a development agreement [in lieu of a PUD])to MU-DA(Mixed Use with a development agreement [in lieu of a PUD]) and a development agreement modification, with the following staff recommended conditions to be placed within an Amended and Restated Development Agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 The maximum density for the Property shall be 2.10 dwelling units per acre (230-single-family lots, 71-single-family attached dwellings). 3.2 The agricultural operations currently being conducted on the Property, or such portions of the Property, shall continue to be allowed uses until Owner elects to abandon such operations. Nothing in this Agreement shall be construed or interpreted to limit the use of the Property for agriculture. 3.3 Owner shall be permitted to continue hunting within the Property, provided the portion of the property that is being hunted is twenty (20) acres in size or larger and the discharge of the firearm will not endanger persons or property. 3.4 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. 3.5 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.6 The conditions,covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall provide an operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs and the repair and maintenance requirement shall run with the land and that the requirement cannot be modified ant that the homeowners association or other entity cannot be dissolved without the express consent of the city. (b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit (Exhibit "D"). All other fencing (i.e. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that all lots within the commercial area shall have a perpetual reciprocal cross- parking and cross-access for vehicular and pedestrian ingress and egress to public rights-of- way. Such perpetual easement shall run with the land and the restrictive covenant for maintenance cannot be modified and the owner's association or other entity cannot be dissolved without the express consent of the City of Eagle Page 27 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc (d) 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. (e) A provision that the CC&Rs cannot be modified without the approval of the City. 3.7 The Setbacks shall be as follows: 2,000-6,999 sq.ft.lots: Front: 20-feet or 10-feet for alley loaded Rear: 10 feet Side: 3-feet,0-feet(attached side)(one and two-story) Street Side: 15-feet Maximum Lot Coverage:N/A 7,000 to 13,499 sq.ft.lots: Front: 15-feet living area and side entry garage/23-feet front-load garage Rear: 10-feet Side: 5-feet(first story), 5-feet(each additional story) Street Side: 20-feet Maximum Lot Coverage: 50%(single-story)and 40%(two-story) 13,500 and larger sq.ft.lots: Front: 20-feet living area and side entry garage/23-feet front-load garage Rear: 25-feet Side: 7.5-feet(first story),5-feet(each additional story) Street Side: 20 feet Maximum Lot Coverage:40% Commercial lots(Lots 1-16,Block 1 and Lots 1-10,Block 2): Front: 20-feet Rear:20-feet Side: 7.5-feet Street Side: 20-feet Maximum Lot Coverage: 50% 3.8 The single-family dwellings shall be constructed utilizing the architecture style as shown on Exhibit No similar front elevation (utilizing the same architectural style or color) of any residential dwelling shall be duplicated(with the exception of the area zoned R-6-DA): o Within five(5)lots measured from each side lot line; o Directly across the street and within five(5)lots(measured from each side lot line); and o Directly behind any lot and within five(5)lots(measured from each side lot line). Page 28 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CCR&S. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each building within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the design requirements as may be stipulated by the Eagle Design Review Board and Eagle City Council. 3.9 The MU-DA (Mixed Use with a development agreement) zoned area is to be developed with a combination of retail, office, and commercial uses allowed within Eagle City Code Section 8-2-3 "Official Schedule of District Regulations"under the MU zoning designation (except as identified below). 3.9.1 The Property is located within the Village Planning Area pursuant to the 2017 Eagle is Home Plan, Chapter 6.6. Owner agrees that all land uses to be utilized on the Property shall be compatible with the Village Planning Area as identified in the Comprehensive Plan emphasizing mixed-uses of residential and commercial development. Non-residential use will be focused within the Village Center. Residential and non-residential development shall emphasize pedestrian-friendly development. 3.9.1.1 The lists of commercial uses found in Sections 3.9.1.4 and 3.9.2 below are by no means exclusive. All uses shown as permitted under the MU zoning district within Eagle City Code Section 8-2-3 "Official Schedule of District Use Regulations," shall be considered permitted uses. Unless otherwise set forth in this Agreement, all uses shown as conditional uses under the MU zoning district within Eagle City Code Section 8-2-3 shall require a conditional use permit. 3.9.1.2 Although the MU (Mixed Use) zoning district allows multiple land uses, the 25.73 acres in the commercial area as shown on Exhibit C, should encourage commercial employment-based uses and public/semipublic uses. The commercial area of the Property shall be developed primarily as an employee-based business park similar to the Eagle River business park located east of Eagle Road between the State Highway 44 and the Boise River. The non-residential uses contemplated shall be mostly office,high-tech research and development,medical, and academic campus uses. 3.9.1.3 Commercial development in the commercial area should strive to enhance vehicular trip capture minimizing high traffic generating uses. The Village Planning Area specifically seeks to provide retail commercial; hospitality; civic uses; and/or a research and development/educational campus and/or corporate headquarters in a park-like setting along with ancillary retail commercial uses located in the Village Center. 3.9.1.4 Employment-based uses, including the following, are encouraged and are a permitted use in the Village Center area: • Business,Professional and Medical • Schools and Educational Campus • Office:Business and Professional • Office: Medical and Dental • Emergency Healthcare Page 29 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Hospital • Hotel • Industry: Custom,Limited,Research and Development • Laboratories • Micro-Brewery 3.9.2 The commercial uses shall be ancillary to or complement the employment-based uses set forth in Section 3.9.1.4 above, and provide commercial retail services, limited to no more than a total of 100,000 square feet of the following permitted type of commercial/retail uses. • Bar(hours limited to 8:00 a.m.to 11:00 p.m.) • Coffee Shop • Childcare Daycare Center • Food and Beverage Sales • Grocery Store (not to exceed 55,000 square feet), does not count against the 100,000 square feet • Fuel Service • Live Entertainment Events • Massage/Spa • Restaurant(hours limited to 7 a.m.to 11 p.m.) • Retail Sales(Limited) • Theater(movie)does not count against the 100,000 square feet • Gym facilities 3.9.2.1 Two (2) One (1) restaurants (with drive-through) use shall be allowed. The restaurants (with drive-through) use shall not be permitted until a minimum of fifty percent (50%) of the commercial area (as shown on the Concept Plan) has been developed with commercial employment-based uses and/or public/semipublic uses. (a) If a building with a restaurant(with drive-through) use is approved, Owner shall provide a minimum forty-eight-inch (48") buffer (berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall)between the drive-through lanes and the adjacent roadway to reduce the impact of the vehicles utilizing the drive-through lanes(i.e. vehicle headlights and vehicle cueing). 3.9.2.2 Except as described in Section 3.9.2 above, no single retail tenant on the Property shall exceed 25,000 square feet in building footprint area without a conditional use permit. A flex space use with a retail component may exceed 25,000 square feet provided the retail floor area does not exceed 25,000 square feet. A Grocery Store exceeding 55,000 square feet in building footprint area shall require a conditional use permit. 3.7.3.3 Notwithstanding the allowed uses set forth in Section 3.9.2 above, no portion of the Property shall be used for any of the following uses: • All Industrial Uses, except Industry: Custom, Limited, and Research and Development • Adult Business • Automotive,Mobile Home,Travel Trailer, and/or Farm Implement Sales • Automotive washing facility • Cemetery • Drive-in Theater • Equipment Rental and Sales Yard Page 30 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc • Kennel • Nursery,plant materials • Riding Academy/Stables • Small Engine Repair • Storage(fenced area) 3.10 All non-residential(commercial)mixed-uses shall be subject to reasonable dark-sky lighting,noise, or related limitations at the design review approval stage to address additional concerns that may arise. 3.11 Commercial building placement shall be designed such that parking areas are not concentrated between the buildings and roadways of a collector status or higher. 3.12 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential and commercial 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. 3.13 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property. Any such change shall be contingent upon approval by the applicable federal, state and/or local agencies, and shall be in accordance with the applicable sections of Eagle City Code. Owner agrees all development and improvement of the Property shall comply with all applicable laws and regulations pertaining to regulated wetlands. 3.14 Provide plans showing outdoor lighting details for review and approval by the Zoning Administrator with the submittal of the final plat. The plans shall show how the lights will facilitate the "Dark Sky"concept of lighting. 3.15 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) landscape screening details and buffering for the residential units adjacent to North Hamlin Avenue 4) elevation plans for all proposed common area structures and irrigation pump house(if proposed), 5)landscape screening details of the irrigation pump house (if proposed), 6) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 7) design of ponds to be constructed in reference to mosquito abatement. 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. 3.16 Owner shall comply with all requirements of ACHD and/or ITD, as applicable, including, but not limited to, ITD infrastructure proportionate share payments, access approaches on Beacon Light Road,proposed internal road locations, and road design. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Wright absent)to recommend approval of PP-07-23 for a preliminary plat for Terra View South Subdivision (Exhibit "A") with the following staff recommended site specific conditions of approval and standard conditions of approval with strike through text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-13-18 MOD and RZ-10-23 or any subsequent modifications. Page 31 of 44 K:\Planning Dept\Fagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The required water system development fees for the commercial uses shall be paid at the time of submittal of a building permit. 5. Provide a revised preliminary plat with Lots 1C-20C, Block 3, located within a separate Block, and Lots 1C-15C, Block 4, located within a separate Block. The remaining lots within Blocks 3 and 4, should be renumbered sequentially starting with the number 1. The revised preliminary plat shall be provided prior to submittal of a final plat application. 6. Provide a revised preliminary plat showing all buildable lots with the required street frontage. The revised preliminary plat shall be provided prior to submittal of a design review application. 7. Provide a revised preliminary plat showing the cul-de-sac located at the terminus of West Centerline Court to include a landscape island with the minimum radius of ten feet (10'). The revised preliminary plat shall be provided prior to submittal of a design review application. 8. Provide a revised preliminary plat with plat note#2 revised to state, "Unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage, and streetlights over the 12-feet adjacent to any public street. This easement shall not preclude the construction of hard-surfaced driveways and walkways to each lot." The revised preliminary plat should be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat identifying the locations of the existing floodplain, proposed floodplain, and proposed floodway. The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat with a new plat note which states, "Portions of this subdivision are located within a Special Flood Hazard Area (SFHA) as identified on the Flood Insurance Rate Map (FIRM), Panel Number 16001CO130J(in effect at the time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain boundary lines." The revised preliminary plat shall be provided prior to submittal of a final plat application. 11. Provide a revised preliminary plat delineating a 27-foot-wide ingress/egress access easement located adjacent to the southern property line of Lot 3,Block 2,providing access to the adjacent parcel to the west. The revised preliminary plat shall contain a new plat note identifying the ingress/egress access easement with a reference to a recorded easement number. The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. The applicant shall be required to record the ingress/egress access easement and reference the recordation number within the notes on the final plat prior to the City Clerk signing the final plat. 12. The applicant shall be required to provide public pathways and associated easements based on the following: PATHWAYS: 1. The developer shall provide a 10-foot-wide concrete sidewalk built to the ACHD Standards for Sidewalk in the alignments shown in RED and PINK in FIGURE 1. The unconnected ends of these alignments shall employ the cul-de-sac design described in the City Standard. 2. The developer shall provide an 8-foot-wide concrete sidewalk built to the ACHD Standard for Sidewalks in the alignments shown in ORANGE in FIGURE 1. Page 32 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 3. The developer shall provide a 10-foot-wide asphalt pathway built to the City of Eagle Pathway and Trail Design and Construction Standards (Resolution No. 23-19) in the alignments shown in BLUE in FIGURE 1. PUBLIC ACCESS EASEMENTS: 1. The developer shall provide 20-foot-wide public access easements associated with the ORANGE and BLUE pathways. The easements shall have a minimum 4-foot margin on each side of pathway tread within any part of the easement where possible for the alignment shown in ORANGE and BLUE in FIGURE 1. A. All pathways shall be constructed, and a survey depicting the location of this pathway within the easement must be submitted to the City,prior to the City Clerk signing of the final plat for each phase. MAINTENANCE: 1. The developer and future homeowner's association shall provide maintenance of all sidewalks and pathways in perpetuity. FIGURE 1 _ i= :\-4,-. I _i i: --7 1 . 41 . s 1 t , «il .�- Villinlititillig I yt. . The pathways shall be constructed, and the easements recorded and referenced on the final plat prior to the City Clerk signing the final plat. 13. Provide a revised preliminary plat with plat note#3 revised to state, "With the exception of Lots 1-7 and Lots 9-16, Block 1, and 1-10, Block 2, unless otherwise designated or dimensioned, there shall be a permanent easement for public utilities, irrigation,and lot drainage over the five(5)feet adjacent to side lot lines and over the ten(10)feet adjacent to rear lot lines."The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. Provide a revised preliminary plat with plat note#4 revised to state, "Unless otherwise designated or dimensioned, Lots 1-7 and Lots 9-16, Block 1, and 1-10, Block 2, shall have a blanket public utilities, irrigation,and lot drainage."The revised preliminary plat shall be provided prior to submittal of a final plat application Page 33 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 15. Provide a revised preliminary plat with plat note#6 revised to state,"Minimum building setback lines shall be in accordance with the Eagle City Zoning Code or as specifically approved by the conditions of development the Amended and Restated Development Agreement recorded as Instrument No. records of Ada County, Idaho, and any subsequent modification(s). The revised preliminary plat shall be provided prior to submittal of a final plat application. 16. Provide a revised preliminary plat with plat note #8 revised to remove the following common lots: Lots 35,43, and 61,Block 2, Lot 17,Block 11,and Lot 16,Block 13. The revised plat note shall also include language stating the common lots are subject to a blanket public utility, drainage, and irrigation easement and that driveways are prohibited across all common lots.The revised preliminary plat shall be provided prior to submittal of a final plat application. 17. Provide a revised preliminary plat with plat note #9 revised to state, "Irrigation water has been provided by Farmers Union Ditch Company, in compliance with Idaho Code Section 31-3805(1)(b). Lots within the subdivision will be entitled to irrigation water rights and/or shares and individual lots will remain subject to assessments from the applicable irrigation entities, to be paid through fees assessed by the homeowner's association. The pressurized irrigation system shall be owned and maintained by the Terra View South Subdivision Homeowner's Association, or its assigns. The revised preliminary plat shall be provided prior to submittal of a final plat application. 18. Provide a revised preliminary plat with plat note #13 revised to state, "All development within this subdivision shall be consistent with the conditions of development within the Amended and Restated Development Agreement (Instrument No. ) and any subsequent modifications to the Amended and Restated Development Agreement. 19. Provide a revised preliminary plat with plat note #15 revised to state, "Direct lot access from West Beacon Light Road, and State Highway 16, is prohibited unless approved by the Ada County Highway District and/or the Idaho Transportation Department, and the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a final plat application. 20. Provide a revised preliminary plat with plat note#16 revised to state, "This development is subject to Covenants, Conditions, Restrictions, and Easements (Instrument No. ). The revised preliminary plat shall be provided prior to submittal of a final plat application. 21. Provide a revised preliminary plat with a new plat note which states, "Lots 1-7 and Lots 9-16, Block 1, and 1-10, Block 2, shall provide perpetual reciprocal cross-parking and cross-access for vehicular and pedestrian ingress and egress to public rights-of-way. Such perpetual easement shall run with the land and the restrictive covenant for maintenance cannot be modified and the owner's association or other entity cannot be dissolved without the express consent of the City of Eagle." The revised preliminary plat shall be provided prior to submittal of a fmal plat application. 22. 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 fmal 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. 23. 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 Page 34 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 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. 24. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. 25. 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). 26. The Terra View South Subdivision shall remain under the control of one Homeowners Association. 27. 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. 28. 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. 29. The applicant shall work with the City to establish a Conservation and Education Program (CEP) executed by the Owner and City prier to-the City Cleric signing the final plat. 30. 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. 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 fmal plat(I.C. Title 50,Chapter 13 and I.C. 39-118). Page 35 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a surety shall be submitted to the City Clerk,prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney,prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 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. Page 36 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the"Dark Sky"concept of lighting. 15. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code,prior to the City Engineer signing the final plat. 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. Page 37 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways, and Recreation Commission prior to approval of the final plat by the City Council. 21. Conservation,recreation and river access easements(if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 22. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 23. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations(if applicable)prior to the City Engineer signing the final plat. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways(if applicable)from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 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 fmal plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 38 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc 31. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 32. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners,City Engineer,and City Clerk. 33. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-06-23/RZ-10-23 and RZ-13-18 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 rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designations of MU-DA(Mixed Use with a development agreement [in lieu of a PUD]),R-6-DA(Residential with a development agreement[in lieu of a PUD]),and R-2-DA (Residential with a development agreement [in lieu of a PUD]) are consistent with the Village/Community Center, Compact Residential, and Neighborhood Residential designations 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]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the MU-DA (Mixed Use with a development agreement [in lieu of a PUD]) zone and land use to the north since that area is currently being developed in a similar manner as a mixed use development with commercial uses located adjacent to West Beacon Light Road; Page 39 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc d. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA(Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the R-2-DA-P (Residential with a development agreement — PUD]) zoning district and land use to the south since that area has been developed with lots of similar size; e. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the RUT (Residential— Ada County designation) and MU (Mixed Use) and MU-DA (Mixed Use with a development agreement), R-4-DA (Residential with a development agreement) zones and land use to the east since a portion of that area is currently being developed in a similar manner and the remaining area could be developed in a similar manner; f. The proposed MU-DA (Mixed Use with a development agreement [in lieu of a PUD]), R-6-DA (Residential with a development agreement [in lieu of a PUD]), and R-2-DA (Residential with a development agreement [in lieu of a PUD]) zoning districts are compatible with the MU (Mixed Use—City of Star zoning designation)and R2 (Ada County designation)zone and land use to the west since that area is located across a state highway(SH-16); g. The land proposed for rezone is located within a "Hazard Area" or"Special Area" as described within the Comprehensive Plan, however, the applicant has submitted a Conditional Letter of Map Revision(CLOMR)to address the area of special flood hazard located within the site. Also, 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 nonconforming 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 PUD is in the public interest, advances the general welfare of the community and neighborhood,and will not be detrimental to the economic welfare of the community. The subdivision will contain an active balanced community with public walking paths, open space, and recreational spaces that promote a high quality of life. The subdivision will offer a variety of housing which includes single-family dwellings and the possibility of single-family attached dwellings. The commercial component of the subdivision will provide a mix of employment-based uses,services,and ancillary commercial/retail uses;and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The applicant is requesting a rezone with a development agreement and development agreement modification to allow for a residential component, employment-based uses,and commercial/retail uses. The subdivision will be maintained by a professionally managed homeowner's association and commercial owner's association. All green space including the homes will be maintained by the respective associations;and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Terra View South Subdivision is designed to conform to the design guidelines identified within the Village Planning Area contained within the comprehensive plan. The amenities are designed to complement the surrounding communities and will be reviewed and approved through the city's design review process; and Page 40 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes,glare or odors. The development is planned for residential and commercial uses as identified within the comprehensive plat. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Terra View South Subdivision will be served by West Beacon Light Road (minor arterial), West Broken Arrow Road (collector), and an internal public street network located within the development;and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site,as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer,water,drainage, streets and other urban services will be provided at the developer's expense. At buildout, the development will generate approximately $265,100.00 in tax revenue annually to the respective taxing entities; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water System,Ada County Highway District,or the Idaho Transportation Department;and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain 36.8% (based on the residential area) of dedicated open space consisting of a small park area with a swimming pool and pool house,ponds and pathways. Also, the applicant is proposing to return Little Gulch Creek to its original state is in accordance with Eagle City Code Section 8-6-7 (B), since returning the creek to its original state will provide mitigation associated with the impacts of development to the existing natural resources. The applicant submitted a Conditional Letter of Map Revision (CLOMR) to address the areas of special flood hazard located within the site;and The applicant's proposal to return Little Gulch Creek to its original state is in accordance with Eagle City Code Section 8-6-7 (B), since returning the creek to its original state will provide mitigation associated with the impacts of development to the existing natural resources. h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent parcels to the east and an ingress/egress access easement to the commercial property located at the southeast corner of SH-16 and West Beacon Light Road. Access to the development will be from West Beacon Light Road and West Broken Arrow Road. The design and construction of the entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. Page 41 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc The applicant is proposing to retain the existing pond and mature trees located at the northeast corner of the site. No scenic or historic features of major importance are known to exist on the site; and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The development is designed to follow the objectives of the Village Planning Area contained within the comprehensive plan by providing a commercial area transitioning into compact residential to neighborhood residential while maintaining an overall density of 2.10-dwelling units/acre. The proposed commercial uses within the development will be limited through the 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 is requesting approval for an annexation with rezone, development agreement modification,and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review;and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. The development provides a mix of commercial, single-family dwellings, and the option of single-family attached residential uses. The commercial portion of the development will provide employment-based opportunities and access to restaurants,shops,and services for the residents of the development and the surrounding area. The proposed deviations from any standard district regulations will be permitted through a development agreement. The applicant is required to submit design review applications for the subdivision and commercial buildings to be reviewed and approved by the Design Review Board and City Council prior to submittal of a final plat application. 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 The development is located within the boundaries of the Star Joint Fire Protection District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. Page 42 of 44 K:\Planning Dept\Eagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure, the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion of the roads,they will be dedicated to the Ada County Highway District. Open Space The development will contain a minimum of 36.8% (based on the residential area)of passive and active open space providing the residents with a small park with a swimming pool and pool house, ponds, and pathways. The pedestrian pathways will provide the residents with a safe and efficient way to move through the development.The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by the Terra View South Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Terra View Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Sanitation Service through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost to provide 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 taxing entities from the development at build-out is approximately$265,100/annually(with Homeowner's Exemption). p. That suggested public (or private)means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development,therefore,the public service providers avoid potential liability and expenses. Page 43 of 44 K:\Planning Dept\Fagle Applications\SUBS\2023\Terra View South Subdivision\Working Files\Terra View South Sub PZF.doc DATED this 6th day of May,2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County,Idaho ` Zt)— Trent Wright,Chairm ATT ST: ,,,o an,,,,�, Tr y E. Osb , gle City Clerk �p�v OR ` .0 • * E • 0. 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