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Findings - CC - 2024 - A-03-18/RZ-05-18/PP-04-18 - Annexation, Rezone from RUT to R-3-DA And Preliminary Plat for Headquarters Subdivision BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT [RURAL-URBAN TRANSITION ) —ADA COUNTY DESIGNATION] TO ) R-3-DA [RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT (IN LIEU ) OF A PUD)] AND PRELIMINARY PLAT ) FOR HEADQUARTERS SUBDIVISION ) FOR MADERA DEVELOPMENT INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-03-18/RZ-05-18/PP-04-18 The above-entitled annexation, rezone with a development agreement (in lieu of a PUD), and preliminary plat applications came before the Eagle City Council for their action on May 14, 2024, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Madera Development, Inc., represented by Jon Breckon and Gregg Davis with Breckon Land Design, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA (Residential with a development agreement [in lieu of a PUD]), and preliminary plat approvals for Headquarters Subdivision, a 23-lot (20-buildable, 3-common) residential subdivision. The 10-acre site is located on the south side of West Floating Feather Road at the southwest corner of West Floating Feather Road and North Lanewood Road at 5655 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on site between 6:00 PM and 7:00 PM, on Tuesday, June 30, 2020, in compliance with the application submittal requirement of Eagle City Code. A second Neighborhood Meeting was held on site between 6:00 PM and 7:00 PM,on Wednesday,March 9, 2022. A third Neighborhood Meeting was held on site between 6:00 PM and 7:00 PM, on Wednesday, June 8, 2022. The applications for this item were received by the City of Eagle on July 7, 2020. A revised preliminary plat was received on August 20, 2020. A second revised preliminary plat was received by the City on September 8, 2020. A third revised preliminary plat was received by the City on August 18, 2023. A fourth revised preliminary plat was received by the City on October 6, 2023. A revised narrative was received by the City on March 13, 2024. A fifth revised preliminary plat was received by the City on March 15,2024. Page 1 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PPU-leadquarters Sub revised\Working Files\Headquarters Sub CCF.doc C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on July 13, 2020, in accordance with the requirements of the Eagle City Code. A second request for agencies' reviews were transmitted on October 5, 2023. Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on March 15, 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 15, 2024. The site was posted in accordance with the Eagle City Code on March 19, 2024. Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code April 26, 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 April 26, 2024. The site was posted in accordance with the Eagle City Code on May 1,2024. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See applicant's narrative, date stamped by the City on March 13,2024(attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, date stamped by the City on March 13, 2024(attached to the staff report). H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RUT(Rural-Urban Transition Single-family dwelling Residential —Ada County designation) with pasture Proposed No Change R-3-DA(Residential with a Single-family development agreement) residential subdivision North of site Neighborhood R-3-DA-P(Residential with a Single-family Residential development agreement— residential(Lilac PUD) Springs Subdivision No. 1) South of site Neighborhood R-2-DA-P(Residential with a Single-family Residential development agreement— residential(Snoqualmie PUD) Falls Subdivision No. 1) East of site Neighborhood R-3-DA-P (Residential with a Single-family Residential development agreement— residential(Lanewood PUD) Subdivision No. 3) Page 2 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION West of site Neighborhood R-2-DA-P (Residential with a Single-family Residential with development agreement— residential(Snoqualmie Transition Overlay PUD) Falls Subdivision No. 3) DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. J. SITE DATA: Total Acreage of Site— 10-acres Total Number of Lots—23 Residential—20 Commercial—0 Industrial—0 Common—3 Total Number of Units—20 Single-family—20 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.00-units per acre 2.00-units per acre maximum(as limited within the development agreement) Minimum Lot Size 11,507-square feet 10,000-square feet Minimum Lot Width 84-feet 75-feet Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 2.42-acres 2.00-acres(minimum) Percent of Site as Common Area 24.2% 18%(minimum) Percent of Common Area Open 26.7% 15%(minimum) Space as Active Open Space K. GENERAL SITE DESIGN FEATURES: Open Space: A total of 2.42-acres (24.2%) of open space is proposed within the development. The open space consists of a common area located at the southwest corner of the property, the required buffer area located adjacent to West Floating Feather Road, and a common lot providing a street side buffer for Lots 7 and 9, Block 1. The applicant is proposing a gazebo and pathway within the common area located at the southwest corner of the property(Lot 23, Block 1). Page 3 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc Landscape Screening: The applicant is proposing to install the 50-foot wide required landscape buffer located adjacent to West Floating Feather Road. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the City on October 6, 2023, identifies the easements to be in conformance with Eagle City Code Section 9-3-6. Eagle City Code section 9-3-6 requires utility easements to be not less than 10-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire Department. On-site Septic System: The existing dwelling is currently served by a septic system. The existing septic system will be abandoned, and the new development will be connected to the Eagle Sewer District central sewer system. Pressurized Irrigation: The applicant is proposing to provide pressurized irrigation water from available surface water as the primary irrigation water source with ground water used as a backup when needed. Based on the available surface water and ground water rights the applicant has a sufficient water supply for the pressurized irrigation system(as required pursuant to Eagle Pressurized Irrigation Standards). Preservation of Existing Natural Features: There are ten trees located in proximity to the existing dwelling which will need to be retained or mitigated if removed. 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: See ACHD staff report, date stamped by the City on February 16, 2024 (attached to the staff report). Page 4 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc Private Streets: The preliminary plat, date stamped by the City on October 6, 2023, shows the streets located internally within the subdivision to be private streets. The private streets will be constructed based on the Typical 37' Right-of-Way Internal Local Road Section, as shown on the preliminary plat, date stamped by the City on March 15,2024. Blocks Less Than 500': None Cul-de-sac Design: Two(2)cul-de-sacs are proposed: • North World Cup Place: 170-feet in length, 51-foot radius • North Foudy Place: 150-feet in length, 51-foot radius Sidewalks: The preliminary plat, date stamped by the City on March 15, 2024, shows 5-foot wide detached sidewalks separated from the street by 8-foot wide parkways located on both sides of the street. Curbs and Gutters: Vertical curbing which meets Ada County Highway District standards is proposed for the entrance and internal streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a"Dark Sky" style of lighting has been provided to the City Zoning Administrator. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The street section on the preliminary plat, date stamped by the City on March 15, 2024, shows 5- foot wide detached sidewalks located on each side of the street. The preliminary plat also delineates a 10-foot wide pathway located adjacent to West Floating Feather Road N. PUBLIC USES PROPOSED:None proposed. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The subdivision will be served with central water from the City of Eagle Municipal Water System. The lots will be served by central sewer from Eagle Sewer District. Fire service will be provided by Eagle Fire Department. Police protection will be provided by Eagle Police Department. Page 5 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—No Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes, located in proximity to the existing house approximately 200-feet west of the east property line. Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—Unknown Unique Plant Life—Unknown Unstable Soils—No Wildlife Habitat—No R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: "Natural Features Analysis for Headquarters Subdivision"date stamped by the City on August 29, 2023 (attached to the staff report). S. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report: Ada County Development Services Depaitment Ada County Highway District Central District Health Department COMPASS (Communities in Motion) Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department City Engineer: All comments within the Engineer's letters dated October 9, 2023, are of special concern(attached to the staff report). City Water Superintendent: Storage and Trunk Line (STL) Fee Waiver Request — Memo approving waiver to delay payment of Eagle Municipal Water STL fees, dated October 31, 2018 (attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated August 25, 2020, are of special concern (attached to the staff report). T. LETTERS FROM THE PUBLIC: Correspondence received from Donna and Terry Cullen, date stamped by the City on September 10,2020. Correspondence received from Terry and Janet McElrea, date stamped by the City on September 15,2020. Correspondence received from Donna and Terry Cullen, date stamped by the City on March 25, 2024. Correspondence received from Terry and Janet McElrea, date stamped by the City on March 25, 2024. Page 6 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc Email correspondence received from Bill Hart, dated March 27, 2024 Correspondence received from Jerry E. Bennett, date stamped by the City on May 1,2024 Correspondence received from Judith Hart, date stamped by the City on May 6,2024 THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE CITY COUNCIL'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Maximum Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side Side And J* Feet)H* Width I* R-3 ( 35' 30' 25' 7.5' 20' 40% 10,000 75' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-2A-7(J)(4)(a): Landscape and Buffer Area Requirements: 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways,to protect residential communities from noisy,potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing. The required buffer area width,plantings, and fencing are as follows: b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: Page 7 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc A minimum of fifty feet (50') 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: five (5) shade trees, eight(8)evergreen trees,three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum 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. C. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet (60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-5: Streetlights: Unless determined otherwise by the city council as part of the design of the subdivision, all subdividers within the city limits shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the administrator. After inspection and confirmation of installation and operation by the administrator, the subdivider (and subsequent homeowners' association) shall assume ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity. D. DISCUSSION(based on the preliminary plat, date stamped by the City on March 15, 2024): • The proposed development is located within the City of Eagle's Municipal Water Service Area. Pursuant to Resolution No. 8-09,payment of Storage and Trunk Line (STL) fee is to be provided at the time of preliminary and final plat. The amount for the STL fee is $2,100/Equivalency Residential Customer (ERC). An ERC is equivalent to each residential buildable lot. A previous engineering firm(contracted by the applicant) submitted a request for waiver to the City of Eagle Water Department, date stamped by the city on April 17, 2018, to delay paying the required STL fee. The applicant is requesting to delay paying the required STL fee until such time a final plat application is submitted. Based on 20-lots, the total STL fee required for the subdivision is $21,000.00. The applicant received approval from the City of Eagle Water Department (of the waiver request) on October 31, 2018 (to date no fees have been paid). To date, the applicant has not paid the required STL fee. The applicant should be required to pay the required $21,000.00 Page 8 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee $21,000.00 totaling $42,000.00 at the time of submittal of the first fmal plat application. The city is currently working towards adopting water system development fees (to be paid at the time of issuance of a building permit) to replace the required STL fees. In the event the City adopts water system development fees prior to submittal of a fmal plat application the payment of the STL fees shall not be required. The required water system development fees shall be paid at the time of submittal of a final plat application. • The applicant is proposing the following setbacks: Front 30-feet Rear 25-feet Interior Side 7.5-feet Street Side 20-feet Maximum Lot Coverage 40% The preliminary plat shows a typical street section for the interior streets with 3-feet of the 8-foot- wide planter strip and the 5-foot-wide detached sidewalk being located within the buildable lot. Eagle City Code Section 8-2-4(G) requires all front load garages shall be setback 25-feet from back of sidewalk. To accommodate the garage setback from the property line, the setback would need to be 33-feet from the property line to be in conformance with Eagle City Code Section 8-2- 4. Also, the setbacks identified on the preliminary plat did not address setbacks for two-story structures. Further, based on the back of the sidewalk being located 8-feet into the buildable area of the lot the front setback for a side entry garage should be the same as the living area. It is staff's opinion that based on the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required Front 30-feet (living and side entry garage) 33-feet(front load garage) Rear 25-feet Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% • The applicant provided a Headquarters Subdivision Streetlight Location plan and cut sheets, date stamped by the City on July 14, 2023, showing the locations and style of the proposed streetlights. The applicant should be required to install streetlights at the locations as shown on the Headquarters Subdivision Streetlight Location plan, date stamped by the City on July 14, 2023. The style of the streetlights should be reviewed and approved by the Design Review Board and City Council prior to installation of the streetlights. The streetlights should be installed prior to the City Clerk signing the final plat. • The preliminary plat identifies the location of the existing house, existing well and well house to be removed located within the North Foudy Place cul-de-sac area. The preliminary plat also shows the approximate location of the existing septic system to be removed located west of the North Foudy cul-de-sac area. The applicant should be required to remove the existing home, existing well and well house prior to the City Clerk signing the final plat. The applicant should also be required to provide correspondence (from the general contractor) indicating the existing septic system has been removed prior to the City Clerk signing the final plat. Page 9 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc PUBLIC HEARING OF THE COMMISSION (Public Hearing Audio/Video Record —Granicus time 00:04:45): https://eagle-id.granicus.com/player/clip/1859?meta id=93343 A. A public hearing on the applications was held before the Planning and Zoning Commission on April 1, 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. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by one(1)individual who indicated the following concerns: • Design, size, and screening of the proposed irrigation pumphouse located in proximity to the southeast corner of the property. • The noise level generated from the irrigation pumphouse. • Location of proposed maintenance access associated with the irrigation pumphouse. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. A summary of the deliberation can be found at the following link (Granicus time: 01:02:45): https://eagle-id.granicus.com/player/clip/1859?meta id=93344 COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 4 to 0 (McLaughlin absent) to recommend approval of A-03-18/RZ-05-18 for an annexation and rezone from RUT (Rural-Urban Transition — Ada County designation) to R-3-DA (Residential with a development agreement (in lieu of a PUD) with the conditions to be placed within a development agreement as provided within their findings of fact and conclusions of law document, dated April 15,2024. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (McLaughlin absent)to recommend approval of PP-04-18 for a preliminary plat for Headquarters Subdivision with the site specific conditions of approval and standard conditions of approval as provided within their findings of fact and conclusions of law document, dated April 15,2024. PUBLIC HEARING OF THE COUNCIL (Public Hearing AudioNideo Record [Granicus time 1:39:10] https://eagle-id.granicus.com/player/clip/1877?meta_id=94976) A. A public hearing on the applications was held before the Eagle City Council on May 14, 2024, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the City Council by no one. D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City Council by one(1)individual who indicated the applicant should be required to screen the pressurized irrigation pumphouse and provide sound mitigation to address the noise levels from the pump. Page 10 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE: The Council voted 4 to 0 to approve A-03-18/RZ-05-18 for an annexation and rezone from RUT (Rural- Urban Transition — Ada County designation) to R-3-DA (Residential with a development agreement (in lieu of a PUD) with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement with underline text to be added by the Council: 3.1 The maximum density for the Property shall be 2.00-dwelling units per acres (20 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan(Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan,notice shall be provided as may be required by the City. 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, 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 and 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 fencing shall be in conformance with Eagle City Code Section 9-3-10. All other fencing(i.e. dog-eared cedar, chainlink) shall be prohibited. (c) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule,regulation,law or ordinance. 3.5 The required setbacks shall be as follows: Front 30-feet (living and side entry garage) 33-feet(front load garage) Rear 25-feet Interior Side 7.5-feet(first story), 5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% Page 11 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 3.6 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal of a final plat application. Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on-site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Council) shall be provided for City Council final approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 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) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, garden boxes, gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7) street lights. The design review application shall be reviewed and approved by the Eagle Design Review Board and City Council prior to the submittal of a final plat application. 3.9 Owner shall provide a landscaped buffer berm around the southern elevation of the pressurized irrigation pumphouse. The landscaped buffer berm shall be reviewed and approved by the Design Review Board and City Council prior to submittal of final plat application. The landscaped buffer berm shall be installed prior to the City Clerk signing the final plat. COUNCIL DECISION REGARING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-04-18 for a preliminary plat for Headquarters Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-05-18. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. 4. The applicant shall pay the required preliminary plat Storage Trunk Line fee along with the associated final plat Storage Trunk Line fee at the time of submittal of the final plat application. In the event the City adopts water system development fees prior to submittal of a final plat application the payment of the STL fees shall not be required. The required water system development fees shall be paid at the time of submittal of a final plat application. 5. The applicant shall install streetlights at the locations as shown on the Headquarters Subdivision Streetlight Location plan, date stamped by the City on July 14,2023. The style of the streetlights shall be reviewed and approved by the Design Review Board and City Council prior to installation of the streetlights. The streetlights shall be installed prior to the City Clerk signing the final plat Page 12 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 6. The applicant shall remove the existing home, existing well and well house prior to the City Clerk signing the final plat. 7. Provide documentation from the general contractor constructing the subdivision that the septic system has been removed. The documentation shall be provided prior to the City Clerk signing the final plat. 8. All overhead utilities located within the subdivision shall be located underground. 9. All living trees shall be preserved unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal by the Design Review Board) shall be provided for Design Review Board 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. 10. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 11. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. 12. 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). 13. The Headquarters Subdivision shall remain under the control of one Homeowners Association. 14. The final plat shall contain a plat note(s) which states that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 15. 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. The CC&Rs shall also require that all common areas are maintained in a competent and attractive manner, including the watering,mowing, fertilizing and caring for shrubs and trees in perpetuity. 16. Owner shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Headquarters Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. Page 13 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A Rz PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 17. 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 18. 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. 19. Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s) shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway, 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. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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. Page 14 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a surety shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. 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. Page 15 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working File&Headquarters Sub CCF.doc 16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 17. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 19. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City 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. Page 16 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 27. Basements in homes in the floodplain are prohibited. 28. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 29. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances,plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 30. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions"until the final plat has received the approval of the City Council (ECC 9- 6-5 (A)(2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit,Certificate of Deposit, cash deposit or certified check. 31. In accordance with Eagle City Code, if a final plat application is not filed within two (2) years following City Council approval the preliminary plat application shall be null and void, unless a time extension is granted by the City Council. 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. Page 17 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-03-18/RZ-05-18) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-3-DA (Residential with a development agreement [in lieu of a PUD]) is consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-3-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-3-DA-P (Residential with a development agreement - PUD) and zone and land uses to the north and east since those areas are developed with residential subdivisions (Lilac Springs Subdivision No. 1 and Lanewood Subdivision No. 3) with similar density; d. The proposed R-3-DA (Residential with a development agreement [in lieu of a PUD]) zoning district is compatible with the R-4 zone and land uses to the south and west since those areas are developed with a residential subdivisions (Snoqualmie Falls Subdivisions No. 1 and No. 3) with similar density; e. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant will be required to submit applications to address the city's concerns regarding development within those areas prior to developing the property; and f. No non-conforming uses are expected to be created with this rezone. 2. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-04- 18) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)because: a. That the proposed preliminary plat (with a development agreement in lieu of a PUD) is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Headquarters Subdivision is designed in conformance with the comprehensive plan and consistent with the requirements of Eagle City Code. Development of the property will generate increased tax revenue to offset the cost of supporting public services; and Page 18 of 23 K:\Planning Dept\sagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc 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. Headquarters Subdivision is designed to be compatible and harmonious with the existing subdivisions located adjacent to the site; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Headquarters Subdivision is designed in a manner which is harmonious with existing residential subdivisions located adjacent to the site; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons,property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work; 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. Headquarters Subdivision will be served by a single street providing access to West Floating Feather Road. All central services (including police and fire protection) are available or may be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer,water,drainage, streets and other urban services will be provided at the developer's expense; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 2.42-acres (24.2%) of open space. A total of .64- acres (26.7%) of the common area open space is active open space. The open space consists of a common lot containing pathways and a gazebo; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will be connected by a private street to West Floating Feather Road(collector). The design and construction of the private street entrance to West Floating Feather Road is regulated by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The applicant will be required to mitigate for any trees proposed to be removed; and Page 19 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files\Headquarters Sub CCF.doc j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The Eagle Comprehensive Plan designates the property as Neighborhood Residential. The applicant is requesting a R-3-DA (Residential with a development agreement [in lieu of a PUD) to allow for flexibility in design while still maintaining a density of the proposed development at 2.00-dwelling units per acre; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. This applicant has requested approval of a rezone with a development agreement (in lieu of a PUD), and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large—scale PUDs(incorporating eleven (11) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection This development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water system. The water infrastructure will be constructed at the developer's expense. Sewer As required herein, the applicant is required to comply with the requirements and conditions of the Eagle Sewer District. Also, the owner will be required to provide proof of central sewer service to the proposed residential uses. Road Construction The construction of all roads within the development will be completed by the developer. Open Space The development will contain a minimum of 24.2% passive and active open space. The open space consists of a common lot containing a pathway and gazebo. Page 20 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Headquarters Sub revised\Working Files'Headquarters Sub CCF.doc Maintenance The maintenance of any private open space areas and private streets will be regulated by the Headquarters Homeowner's Association. The sewer and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Hardin Sanitation Service through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$13,825.00.00/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development; therefore,the public service providers avoid potential liability and expenses. 3. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council has determined that: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that the private street will serve to enhance the overall development. The following reasons support the above noted finding: West Floating Feather Road borders the northern property line and will provide the only access into the development. The proposed development is bordered on the south and the west by a common lots located within Snoqualmie Falls Subdivisions No. 1 and No. 3. The proposed development is bordered on the east by ACHD right-of-way containing a drainage facility associated with Lanewood Subdivision. The private street will provide access to all 20-residential lots within the development and include vertical curbs and gutters located adjacent to the paved street; 2. The private street within the subdivision will provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The proposed private street is designed to a width of 27-feet and parking will be restricted to one (1)side of the street; Page 21 of 23 K:\Planning Dept\Eagle Applications\SUBS\2018\Headquarters Sub A RZ PP\Hcadquarters Sub revised\Working Files\Headquarters Sub CCF.doc 3. The private street provides adequate access for service and emergency vehicles: The proposed private street is designed to a width of 27-feet which is adequate for emergency and waste collection services. The proposed cul-de-sac at the terminus of the private street meets the standards of Eagle City Code and will require separate Eagle Fire Department approval; 4. The private streets within the subdivision do not adversely affect access to adjacent properties: Other than the property fronted by West Floating Feather Road there are no streets stubbed from the adjacent developed properties to the subject property. The property only provides access to and from West Floating Feather Road to the north; 5. The private streets will not landlock adjacent property due to topography or parcel layout: The private street will not landlock any properties since the adjoining developments have public streets which provide access to West Floating Feather Road; 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street; provided, however, that in order to provide secondary access, a private street may have more than one connection to a public street and/or may be connected to more than one public street if access thereto is controlled by automatic gates or other control devices approved by the Council: The proposed private street originates at a public street, West Floating Feather Road, and terminates to the east in a cul-de-sac. There are no secondary connections to public streets and since the development has only 20 single-family lots, the fire department will not require a secondary access; 7. The use or alignment of the private street within the subdivision do not interfere with the continuity of public streets: The proposed private street does not interfere with continuity of public streets since public streets surround the site and there is no ability to connect the existing streets within the area; and 8. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof: The applicant will provide provisions within the CC&Rs for road maintenance and snow removal. A funding mechanism will be specified within the CC&Rs to pay for future maintenance and repair. 9. Private streets and private alleys are only permitted within a planned unit development and are limited to providing access to no more than ten percent (10%) of the lots, except that private streets and private alleys may serve all single family attached dwelling lots. Pursuant to Eagle City Code Section 9-3-2-5(E), Waiver, the applicant has requested the Council waive this section of Eagle City Code since the adjacent properties were developed with no stub streets providing a street network for access to the subject property. The Council determined that the private streets would serve the overall development without being a tax burden to the public for operation and maintenance of the streets since the cost will be borne by the lot owners within the subdivision. Also, the Council determined that gating the private street would detour individuals from driving into the subject subdivision looking for access to the adjacent subdivision. Furthermore, the Council determined the waiver of Eagle City Code Section 9-3-2- 5(A)(9) will not be injurious to public health and safety since the applicant is required to comply with the requirements of the Eagle Fire Department,as conditioned herein. 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