Loading...
Findings - PZ - 2013 - A-01-13/RZ-01-13/CU-01-13/PPUD-01-13/PP-01-13 - Annex, Rezone With DaORIGINAL SCANNED BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR FOR AN ANNEXATION, REZONE WITH DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR THE SYRINGA PLANNED UNIT DEVELOPMENT FOR SCS SYRINGA MARYDALE, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-01-13/RZ-01-13/CU-01-13/PPUD-01-13/PP-01-13 The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on May 20, 2013. The 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: SCS Syringa Marydale LLC, represented by Shawn Nickel with SLN Planning, is requesting an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -3 -DA -P (Residential up to three units per acre with a development agreement PUD), conditional use, preliminary development plan, and preliminary plat approvals for Syringa Subdivision a 142 -lot (128 buildable and 14 common) residential subdivision. The 63.57 -acre planned unit development is generally located at the north side of West Floating Feather Road approximately 1,320 -feet west of the intersection of North Lanewood Road and West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Sewer District at 6:00 PM, Thursday, January 4, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on March 1, 2013. C. NOTICE OF PUBLIC HEARING: 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 25, 2013. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 25, 2013. Requests for agencies' reviews were transmitted on March 6, 2013 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 4, 2013. D. HISTORY OF PREVIOUS ACTIONS: None ,�•, E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 26 K:\Planning Dept\Eagle AppticationslPreiiminary Development Pians\20131Syringa Sub pzf doc __ F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN DESIGNATION Residential Two (up to two units/ acre) No Change North of site Residential Two (up to two units/acre) South of site Residential Two (up to two units/ acre) East of site Residential Two (up to two units/acre) West of site Residential Two (up to two units/ acre) ZONING DESIGNATION RUT (Ada County Designation) R -3 -DA -P (Residential maximum three units/acre with a development agreement and a planned unit development) RUT (Ada County Designation) R -2 -DA -P (Residential maximum two units/acre with a development agreement and a planned unit development) RUT (Ada County Designation) R -2 -DA (Residential maximum two units/acre with a development agreement) LAND USE Agricultural Single -Family, Residential Planned Unit Development Single -Family Residence and Agricultural Legacy Development (Mosca Seca Subdivision) Agricultural Agricultural G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site — 63.57 -acres Total Number of Lots — 140 Total Number of Units — 128 Residential —128 Commercial — 0 Industrial — 0 Common —12 Single-family —128 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 26 K:1Planning Dept1Eagle Applications\Preiiminary Development Plans120131Syringa Sub pzf doc Additional Site Data Proposed Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Open Space 2.01 -dwelling units per acre 10,200 -square feet 80 -feet 20.3 -feet (Lot 6, Block 2)* 12.51 -acres Percent of Site as Common Area 19.67% Open Space *Note — A reduction of lot width and street frontages may be development is approved. I. GENERAL SITE DESIGN FEATURES: Required Up to two (2) units per acre maximum 10,000 -square feet (Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square -footage in open space and a planned unit development is applied for and approved - per ECC Section 8-6-5-5 [A]). 75 -feet (minimum) 35 -feet (minimum) 12.71 -acres (minimum) 20% 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 or in subdivisions with 50 or more lots. permitted provided a planned unit Greenbelt Areas and Landscape Screening: The preliminary plat date stamped by the City on April 17, 2013, shows a 50 -foot wide common lot located adjacent to West Floating Feather Road. West Floating Feather Road is designated as a minor arterial. Pursuant to Eagle City Code Section 8-2A-7 (J) (4) (b) a 50 -foot wide landscape strip is required adjacent to minor arterials to be buffered from streets, classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. Open Space: A total of 12.51 -acres (19.67%) of common area is proposed within the planned unit development. The common area is a combination of large common lots, linear pathways, road buffer areas, and street landscape islands. A minimum of 20% open space is required Page 3 of 26 K:1Planning Dept1Eagle Applications\Preliminary Development Plans120131Syringa Sub pzfdoc within a planned unit development. The applicant will be required to provide a revised preliminary plat showing a minimum of 12.71 -acres (20%) open space prior to submittal of a final plat application. 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&R's 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 12 feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. The applicant provided a preliminary plat, date stamped by the City on April 17, 2013, which contains separate plat notes that reference the front and rear property lines have a 12 -foot wide utility easement. The preliminary also contains a separate plat note referencing that the interior side lot lines have a 5 -foot wide easement for public utilities, property drainage, and pressurized irrigation. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) — No Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: The applicant is proposing to construct two (2) roadway cross sections: one roadway access point from West Floating Feather Road will be provided for this development to be constructed using an 80 -foot wide road section inclusive of a 20 -foot wide planter dividing the two lanes. Each travel lane will be 16.5 -feet wide. The eight foot (8') wide landscape strips and five foot (5') wide detached sidewalks to be located on each side of the proposed roadway are included within the 80 -foot wide right-of-way. The local roadways within the development will be a 60 -foot wide roadway section inclusive of 33 -foot roadway (two [2] 16.5 -foot travel lanes), eight foot (8') wide landscape strips and five foot (5') wide detached sidewalks to be located on each side of the proposed roadway. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': None Page 4 of 26 K:1Planning Dcpt\Eagle Apptications\Preliminary Development Plans120131Syringa Sub pzf.doc ,0•0., Cul-de-sac Design: Two (2) cul-de-sacs are proposed for this site: • Street E located at the south east corner of the development: 650 -feet in length, 55 -foot radius inclusive of planter strip and sidewalk. Travel lane is 40 -feet in width from back -of -curb to back -of -curb. • Street 5: 250 -feet in length, 55 -foot radius inclusive of planter strip and sidewalk. Travel lane is 40 -feet in width from back -of -curb to back -of -curb. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located on both sides of all interior public roadways, including the main entrance from West Floating Feather Road. 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 shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Names Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Pedestrian walkways are provided throughout the development through a detached sidewalk system located adjacent to the interior streets. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes — adjacent to the New Dry Creek Canal located at the southwest corner and northwest corner of the development. These areas are included within proposed common lots Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — unknown Page 5 of 26 K:1Planning Dept\Eagle ApplicationslPreliminary Development Plans120131Syringa Sub pzf.doc Unique Plant Life — unknown Unstable Soils — unknown Wildlife Habitat — unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: Q. City Engineer: All comments within the engineer's letter dated April 30, 2013 are of special concern (attached to the staff report). Ada County Highway District Central District Health Chevron Pipe Line Company Eagle Fire Department Eagle Sewer District Idaho Department of Lands Idaho Transportation Department New Dry Creek Ditch Company LETTERS FROM THE PUBLIC: None received to date. ,^, R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant provided a phasing plan, date stamped by the City on May 13, 2013, which shows the development will be constructed in four (4) separate phases. The phasing plan also contains a time schedule that indicates the final phase will be constructed in the fall of 2018. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. Page 6 of 26 K:1Planning Dept\Eagle Applications\Prclirninary Development Plans120131Syringa Sub pzfdoc 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 fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6 — Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. Page 7 of 26 K:1Planning Dept\Eaglc Applications'Prcliminary Development Plans120131Syringa Sub pzf doc 6.8.2 Village Planning Area The Village Planning Area is designed to provide flexibility of design while also ensuring compatibility to existing large lot residential uses and transitional density as development approaches Homer Road and the Foothills. 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 an anchor of the area and is not taken over by residential uses. A. Uses/Design 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. 2. Residential Areas: b. Decreasing densities should be allowed as the area radiates out of the village center. The overall densities in the Village Planning Area outside of the village center shall average 1-2 units per acre to the south of Beacon Light Road. Residential densities north of Beacon Light should be 1-2 units per acre transitioning (feathering and clustering) to the north and east ensuring compatibility with existing residential and foothills development. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: o.� • Eagle City Code Section 8-1-2: Rules and Definitions: OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide landscape strip located adjacent to and within the public right of way of a local street), substantially open to the sky, exclusive of streets, commercial and residential buildings, and shall be designated and intended as a usable and convenient amenity for the residences of any proposed development. • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements: Zoning Maximum Interior Street District Height Front ;Rear Side Side R-2 35' 30' 30' 10' 20' R-3 35' 30' ; 25' 7.5' 20' Minimum Lot Area Maximum Lot (Acres Or Minimum Covered F And Square Feet) Lot J* H* Width I* 40% 17,000 75' 40% 10,000 75' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: To encourage land use plans to be submitted as a planned unit development (PUD) so as to provide an enhanced integration of open space and a variety of housing options, the following design criteria shall be considered by the city: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size Page 8 of 26 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120131Syringa Sub pzfdoc 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. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. B. An area equal to the square footage utilized to create lots that are larger than the minimum lot size may be credited toward the creation of lots which are proportionally smaller than the minimum lot size in the underlying zone established in section 8-2-4 of this title, provided: 1. There is a favorable finding 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. 2. The number of lots below the minimum lot size do not exceed twenty percent (20%) of the total number of lots within the development. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-5: Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. Page 9 of 26 K:\Planning DeptlEagle Applications\Preiiminary Development Plans120131Syringa Sub pzf doc • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-8: Public and Open Spaces: D. Common Area Open Space: 4. Ownership And Management Of Open Space: a. Ownership Of Open Space: The applicant must identify the owner of the open space who is responsible for maintaining the open space and facilities located thereon. If a homeowners' association is the owner, membership in the association shall be mandatory and automatic for all homeowners of the subdivision and their successors. If a homeowners' association is the owner, the homeowners' association shall have lien authority to ensure the collection of dues from all members. The responsibility for maintaining the open space and any facilities located thereon shall be borne by the owner. b. Management Plan: Applicant shall submit a plan for management of open space and common facilities (plan) that: (1) Allocates responsibility and guidelines for the maintenance and operation of the open space and any facilities located thereon, including provisions for ongoing maintenance and for long term capital improvements; (2) Estimates the costs and staffing requirements needed for maintenance and operation of, and insurance for, the open space and outlines the means by which such funding will be obtained or provided; (3) Provides that any changes to the plan be approved by the city council; and (4) Provides for enforcement of the plan. • Eagle City Code Section 9-3-9: Water System: The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 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. Page 10 of 26 K:1Planning DeptEEagle Applications\Preliminary Development Plans120131Syringa Sub pzf doc • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 6. In order to design for crime prevention, the following design standards will be followed: a. The use of "see through", open fencing, such as wrought iron, is preferred, as it provides better visibility from adjacent homes or buildings. Solid fencing is prohibited. D. DISCUSSION: • The Eagle Comprehensive Plan designates the property as Residential Two with a density not to exceed two (2) units per acres. As described in the Comprehensive Plan the Residential Two areas are suitable primarily for single family residential development within areas that are rural in character. The applicant has submitted an annexation, rezone, preliminary development plan and conditional use permit for a planned unit development, and preliminary plat applications for Syringa Planned Unit Development, which consists of 63.57 -acres located on the north side of West Floating Feather Road approximately 1,300 -feet west of the North Lanewood Road. The applicant is requesting a R -3 -DA -P (Residential — up to three (3) units per acre with a development agreement — PUD) zoning designation which has a 10,000 -square foot minimum lot size. As described in the applicant's narrative, date stamped by the City on March 1, 2013, the applicant is requesting a development agreement to allow for a range of lot sizes and building opportunities that cannot be obtained under a R-2 (Residential — up to two (2) units per acre) zoning designation to allow for flexibility in design while still maintaining the maximum density of the proposed development at two (2) units per acre. The applicant is proposing the development to have 128 -buildable lots with a density of 2.01 -dwelling units per acre. Page 11 of 26 K:1Planning Dept\Eagle Applications\Prciiminary Development Plans120131Syringa Sub pzf.doc • The preliminary plat, date stamped by the City on April 17, 2013, shows 128 single-family residential lots ranging in size from 10,115 -square feet to 29,873 -square feet in size. The proposed residential density for this project is 2.01 -dwelling units per acre. The residential gross density is calculated based on the total number of single-family lots divided by the total acres (63.57) of the property. As previously noted this area is designated Residential Two within the Comprehensive Plan. The density permitted within areas having a Residential Two designation is up to two (2) units per acre maximum. The applicant should provide a revised preliminary plat showing one (1) residential lot removed prior to the submittal of a final plat application. • Plat note #4 shown on the preliminary plat, date stamped by the City on April 17, 2013, does not properly identify the common/landscape area lots located within the proposed subdivision. Also, the Preliminary Plat Development Features information shown on the preliminary plat does not correctly identify the area associated with the proposed common area lots. Pursuant to Eagle City Code planned unit developments are required to have a minimum of 20% open space. The proposed development consists of 63.57 -acres; therefore 12.71 -acres of open space is required. Based on the preliminary plat the applicant is proposing a total of 12.51 -acres of common area. The applicant should provide a revised preliminary plat correctly identifying the common/landscape area lots. The revised preliminary plat should also show a minimum of 20% open space by providing an additional .20 -acres of open space (total of 12.71 -acres) prior to submittal of a design review application. • Plat note #12 shown on the preliminary plat, date stamped by the City on April 17, 2013, indicates that any resubdivision of the plat shall be in compliance with the most recently approved subdivision standards of Ada County. The applicant should be required to provide a revised preliminary plat with plat note #12, revised to read, "Any re -subdivision of this plat shall be in compliance with the applicable subdivision regulations in effect at the time of re- subdivision. The revised preliminary plat should be provided prior to the submittal of a final plat application. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed setbacks as requested within the applicant's narrative, date stamped by the City on March 1, 2013, indicates the following setbacks: Front 20 -feet (garage), 15 -feet (living area) Rear 15 -feet Interior Side 5 -feet Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-3 (residential — up to three units per acre): Front 30 -feet* Rear 25 -feet Interior Side 7.5 -feet, two-story 12.5 -feet Street Side 20 -feet Minimum Roadway Frontage 35 -feet Maximum Lot Coverage 40% * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided that the distance in no less than 20 -feet. Page 12 of 26 K:1Planning Dcpt\Eaglc Applications\Preliminary Development Plans120131Syringa Sub pzfdoc The preliminary plat, date stamped by the City on April 17, 2013, shows the lots located north of Street 3 to be larger in size that the lots located south of Street 3. It is staff's opinion that based on the size and shapes of the lots the following setbacks and maximum coverage for this development should be required: Setbacks: Lots located north of Street 3 Lots located south of Street 3 Front 25' (garage) 20' (living) 25' (garage)*, 15' (living) Rear 25' 20' Interior Side 7.5' (additional 5' per story) 5' (per story) Street Side 20' 20' Maximum Coverage 40% 40% *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4 (G) front loaded garages are required to be setback 25 -feet from the back of sidewalk. The applicant has not addressed a street side setback or maximum lot coverage within the proposed setbacks. The street side setbacks should be equivalent to the proposed front setbacks to address parking in front of a garage in the event that the home is orientated to face the street on the front and the garage is orientated to face the side street. Also, the maximum lot coverage should be 40% as is required pursuant to Eagle City Code Section 8-2-4. • The Syringa Subdivision (Planned Unit Development) P.U.D. Site Plan L 1.0, date stamped by the City on March 1, 2013, shows that the applicant is proposing a six-foot (6') high (4' solid with 2' lattice) vinyl fence to be located adjacent to a few of the common areas. The applicant also provided a narrative with supplemental information, date stamped by the City on March 29, 2013, and an exhibit date stamped by the City on April 24, 2013, that further clarifies the locations where the applicant is proposing solid fencing. Pursuant to Eagle City Code Section 9-3-10, any fence 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. The applicant should provide a revised Site Plan L1.0, showing all fencing located adjacent to a common area to be open style fencing, prior to submitting a design review application. • The preliminary plat, date stamped by the City on April 17, 2013, shows the sidewalk located adjacent to W. Floating Feather Road to be less than 10 -feet in width. The applicant has indicated within the narrative, date stamped by the City on March 1, 2013, that they are requesting a reduction of sidewalk width on Floating Feather Road from 10 -feet to 6 -feet in width. Pursuant to Eagle City Code pathways adjacent to major roadways shall be a minimum of ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. The applicant should provide a revised preliminary plat showing a ten foot (10') wide pedestrian pathway located within the common lot located adjacent to the road right-of- way of West Floating Feather Road. The revised preliminary plat shall be provided prior to the submittal of a design review application. • 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) fees is to be provided at the time of preliminary and final plat. The amount for STL fees is $2,100/Equivalency Residential Customer (ERC), an ERC is equivalent to each residential buildable lot. The applicant submitted a Memorandum of Understanding request, date stamped by the City on February 22, 2013, wherein the applicant is requesting the option to construct a 16 -inch water trunk line to be constructed adjacent to West Floating Feather Road from the Page 13 of 26 K:1Planning DepAEagle Applications\Prcliminary Development Plans120131Syringa Sub pri.doc entrance to the Legacy development to the entrance of the proposed subdivision in lieu of paying the required STL fees. Based on 127 -lots, the total STL fees required for the subdivision is $266,700.00. The STL fees are to be paid on a sliding scale the first installment to be paid at the time of submittal of the preliminary plat application and the remaining amount be paid at the time of final plat application. The STL fees to be paid at the time of preliminary plat for the subject subdivision is based on $1,135.47 + (-1.221 x Total Lots). Based on 127 -buildable lots the STL fees to be paid at the time of preliminary plat application should be $128,230.63 with the remaining portion of the $266,700.00 to be paid at the rate of ($2,100.00 minus Preliminary Plat Fee per lot) x Lots in Final Plat or $1,091.00 x Lots in Final Plat. To date, the applicant has not paid the required STL fees. The applicant should be required to pay the required $128,230.63 preliminary plat Storage Trunk Line fees along with the associated final plat Storage Trunk Line fees at the time of submittal of the first final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Syringa Planned Unit Development with conditions to be placed within a development agreement and subdivision site specific conditions of approval and standard conditions of approval, all as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 20, 2013, 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 this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. D. Oral testimony neither in favor nor in opposition of this proposal was presented by two (2) individuals regarding the city requirement that the landscaping is installed in the street planter strips or a surety be provided prior to the signature of a final plat. Both individuals indicated that during the home construction process the landscaping usually is damaged and the builder is then required to replace the landscaping. One of the individuals indicated that the requirement of a surety for the installation of the landscaping is problematic due to if the lots are not selling and the surety is utilized for the installation of the landscaping the installed landscaping may be damaged during the construction of a home in the future. The individuals requested that city code be changed to require the planter strip landscaping be installed prior to the issuance of a Certificate of Occupancy for the dwelling. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The development is in conformance with the Comprehensive Plan based on the proposed density. • The proposed development will be a nice area to reside • The sidewalk to be located adjacent to Floating Feather Road should be required to be 10 - feet in width. • The landscape planter strips located adjacent to the interior streets should be installed prior to the issuance of a Certificate of Occupancy for the home Page 14 of 26 K:1Planning DcptlEaglc Applications\Prcliminary Development Plans120131Syringa Sub pzf doc COMMISSION DECISION REGARDING THE REZONE: The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of A-01-13 and RZ-01-13 for a rezone from RUT (Rural -Urban Transition - Ada County designation) to R -3 - DA -P (Residential up to three units per acre with a development agreement - PUD) for SCS Syringa Marydale, LLC, with the following staff recommended conditions to be placed within a development agreement with strike through text to be deleted by the Commission and underline text to be added by the Commission to read as follows: 3.1 The maximum density for the Property shall be 1.99 dwelling units per acre (127 single-family lots). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding 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 B) 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 maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. (b) A-requiFeinentfor all - (lookc identical to wrought -iron), OF three -rail -type we eorafeie fencing. A be -pied. The style of fencing (open versus solid) located adiacent to the open space areas will be required as shown in Exhibit "E" of the development agreement. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on the Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. Page 15 of 26 K:\.Planning Dept\Eagle ApplicationstPreliminary Development Plans120131Syringa Sub pzf doc 3.6 Final plat applications submitted in compliance with the approved preliminary plat phasing plan shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years following the recordation of the preceding final plat. (Such final plat applications shall be considered for final approval without resubmission of the preliminary plat for approval). Any final plat shall be recorded within two (2) years following Eagle City Council action on the final plat; provided however, Eagle City Council may approve the extension of such two (2) year period, which approval shall not be unreasonably withheld, for a period of time not to exceed two (2) years to facilitate the completion of improvements required by the applicable sections of Eagle City Code. As part of its consideration to extend the time frame in this Section, Eagle City Council may require applicant to adhere to subdivision ordinances and resolutions in effect at the time the extension is requested. COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of the Syringa Planned Unit Development (CU-01-13/PPUD-01-13/PP-01-13) for SCS Syringa Marydale, LLC, with the following staff recommended site specific and standard conditions of approval with strike through text to the deleted by the Commission and underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-01- 13. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City prior to the submittal of a final plat application. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall provide a revised preliminary plat showing one (1) residential lot removed prior to the submittal of a final plat application. 5. The applicant shall be required to pay the required $128,230.63 preliminary plat Storage Trunk Line fees along with the associated final plat Storage Trunk Line fees at the time of submittal of the first final plat application. (Resolution No. 08-09) 6. The applicant shall submit a design review application showing: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape islands and knuckles and all common areas throughout the subdivision 3) building elevations for all proposed common area structures and irrigation pump house 4) landscape screening details of the irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities. The design review application shall be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. (ECC 8-2A-1) 7. 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 in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the al plat the applie '..tall the issuance of any occupancy Hermits for the homes, all required trees, sod, and irrigation shall be installed for 150% of the eost © f all land within Page 16 of 26 K:1Planning Dept'Raglc Applications\Preliminary Development Plans120131Syringa Sub pzf.doc landscape strips. Tees shall be invial heroes. A temporary occupancy may be issued if weather does not permit landscaping however. a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% fo the cost of the installation of all landscape and irrigation improvements shall be provided to the City. (ECC 8-2A-7) 8. a : a ii . , Aall fencing located adjacent to a common area shall be in accordance with the fencing exhibit provided bv the applicant, date stamped bv the City on April 24. 2013. to bo © - - • - • . . (ECC 9-3-10, 9-4-1-6 [D][6][a], and 9-5-4-2[H]) 9. A note shall be placed on the final plat indicating that the side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 15 -feet minimum from the paved edge of the adjacent pathway. (ECC 9-4-1-6[D][3]) 10. The applicant shall provide a revised preliminary plat, showing a ten foot (10') wide pedestrian pathway located within the common lot located adjacent to the road right-of-way of West Floating Feather Road. The revised preliminary plat shall be provided prior to the submittal of a design review application. (ECC 9-4-1-6[B][2][a] and 9-4-1-6[D][1]) 11. The applicant shall provide a revised preliminary plat correctly identifying the common/landscape area lots. The revised preliminary plat shall also show a minimum of 20% open space by providing an additional .20 -acre of open space (total of 12.71 -acres) prior to submittal of a design review application. (ECC 8-6-5-2[A and B] and ECC 9-3-8[C]) 12. Provide a revised preliminary plat with plat note #12, revised to read, "Any re -subdivision of this plat shall be in compliance with the applicable subdivision regulations in effect at the time of re -subdivision. The revised preliminary plat shall be provided prior to the submittal of a final plat application. (ECC 9-1-3) 13. The required setbacks shall be as follows: Setbacks: Lots located north of Street 3 Lots located south of Street 3 Front 25' (garage)* 20' (living) 25' (garage)*, 15' (living) Rear 25' 20' Interior Side 7.5' (additional 5' per story) 5' (per story) Street Side 20' 20' Maximum Coverage 40% 40% 7. *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. 14. 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. (ECC 9-4-1-2) 15. The architectural styles provided by the applicant shall be the required architectural styles for the development. Photo examples of the above descriptive language, are attached as Exhibit "D" of the development agreement are incorporated herein by reference. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the final plat application for phase one. (ECC 9-5- 4-2) Page 17 of 26 K:\Planning Dept\Eaglc Apptications\Preliminary Development Plans\2013\Syringa Sub pzf doc 16. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 17. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements and as required in site specific condition of approval #14 above of the PUD. 18. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Syringa Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Syringa Homeowner's Association shall provide that the association shall have the duty to maintain and operate all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4]) 19. The applicant shall provide a schedule indicating the timeframe for the development of the site prior to the submittal of a design review application. (ECC 8-6-6-2[A]) 20. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." (ECC 9-4-1-2) 21. Comply with the requirements of all drainage and irrigation districts. 22. 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. 23. The applicant shall install at the entrances to the Syringa Subdivision 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. The signs shall be installed prior to the issuance of any building permits. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. Page 18 of 26 K:1Planning Dept'Eagle Applications\Preliminary Development Plans120131Syringa Sub pzfdoc 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 title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 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 performance bond 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 19 of 26 K:1Planning Dcpi Eagle Applications\Preliminary Development Plans\20131Syringa 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. 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 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to Page 20 of 26 K:\Planning Dcpt\Eaglc Apptications\Prcliminary Development Pzzns\2013\Syringa Sub pzfdoc o•., approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. 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". 22. 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. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. 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. 26. Basements in homes in the flood plain are prohibited. 27. 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. 28. 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. 29. 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. 30. In aeeordaEes w'i de, failure c Cit} ause th' ' , ,4IIIII, 31. 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 Page 21 of 26 K:1Planning Dept\Eagle Applications\Preliminary Development Plans120131Syringa Sub pzfdoc Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. 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. 33. 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. 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. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at the Eagle Sewer District at 6:00 PM, Thursday, January 4, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on March 1, 2013. 2. 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 25, 2013. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on March 25, 2013. Requests for agencies' reviews were transmitted on March 6, 2013 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 4, 2013. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone with a development agreement (RZ-01-13) 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 applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -3 -DA -P (Residential up to three units per acre with a development agreement — PUD) complies with the Residential Two designation as shown on the Comprehensive Plan land Use Map since the applicant is not proposing more than two units per acre; and b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are required to be provided, to serve a single-family dwelling residential subdivision on this property under the proposed zone; c. The proposed R -3 -DA -P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the RUT (Rural -Urban Transitional — Ada County designation) zone and land use to the north since this area is designated Residential Two in the Comprehensive Plan and could be developed in the same manner as the proposed development; and Page 22 of 26 K:1Planning DeptlEagle Appiications\Preliminary Development Plans120131Sydnga Sub pzf doc d. The proposed R -3 -DA -P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with the R -2 -DA -P (Residential up to two units per acre with a development agreement — PUD) zone and land use to the south since this area is designated as Residential Two in the Comprehensive Plan and is developed in the same manner as the proposed development; and e. The proposed R -3 -DA -P (Residential up to three units per acre with a development agreement — PUD) zoning district is compatible with RUT (Rural -Urban Transition - Ada County designation) zone and land uses to the east since this area is designated Residential Two in the Comprehensive Plan and could be developed in the same manner as the proposed development; and f. The proposed R -3 -DA -P (Residential up to three units per acre with a development agreement — PUD) zoning district RUT (Rural -Urban Transition - Ada County designation) zone and land use to the west since this area is designated Residential Two in the Comprehensive Plan and could be developed in the same manner as the proposed development; and g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non -conforming uses are expected to be created with this rezone. 4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional use permit, preliminary development plan, and preliminary plat (CU-01-13/PPUD-01-13/PP-01-13) 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 intent of The Syringa PUD is to provide a development with a transition of lot sizes, and a variety of single housing types; 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 Syringa PUD is designed to not exceed the total allowed density of Residential Two ( up to two (2) units per acre) in the overall development. The proposed development provides a variety of lot sizes and housing types to blend in with the adjacent development and future development; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The development will have access to Floating Feather Road. The site will be served by central water and sewer; 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. No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing residential units in the area; and Page 23 of 26 K:1Planning Dept\Eaglc Applications\Prcliminary Development Plans120131Syringa Sub pzfdoc 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. 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 sewer, water or highway district. 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 plan was designed with consideration given to usable open space and pedestrian pathways. 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 which will provide intra - neighborhood connectivity upon development of the adjacent properties. Access to the development will be from West Floating Feather Road. The design and construction of the roadways and entrances is guided by the Ada County Highway District. i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on the site. 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 proposed development fits well with the Comprehensive Plan since the Plan calls for Residential Two (up to two (2) units per acre) and will provide a variety of housing types to accommodate residents with varying lifestyle needs. 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 application requests approval for a preliminary development plan and conditional use permit 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. 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. g. Page 24 of 26 K:1Planning Dept\Eagle Applications'Preliminary Development Plans12013\Syringe Sub pzf doc In case of large — scale PUDs (incorporating fifty (50) 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 Eagle Fire District and the District has a fire station located approximately a mile from the development. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within the City of Eagle Municipal Water Service Area. The water infrastructure will be constructed at the developer's expense. Sewer The project is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer 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, the roads will be dedicated to the Ada County Highway District. Parks and Open Space The development will contain over 20% of passive and active open space providing the residents a variety of recreation options from which to choose. A pathway will provide residents 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 Syringa Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools The Syringa Planned Unit Development is located within the Joint School District No. 2 district boundaries. Elementary age children will be required to attend Star Elementary School. Eagle Middle School and Eagle High School will provide the secondary education needs for the children within the development. Galileo Magnet School and North Star Charter School are located less than a mile from the proposed development. Joint School District No. 2 has also acquired land west of Highway 16. The site west of Highway 16 is sized to accommodate a future elementary, middle, and high school. Solid Waste Collection Solid waste collection is provided by Republic Services 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. Page 25 of 26 K:1Planning Dept\Eagle ApplicationsAPreliminary Development P1ans120131Syringa Sub pzfdoc 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 from the development at build out is approximately $5,881.73 per dwelling/year or $746,979.71/ year for the entire development. 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. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. P• DATED this 3rd day of June, 2013 PLA P G iND ZONING C9MMISSION OF HE CI OF EAGL Idaho id Aizpitarte, Chairm ATTEST: Sharon . Bergmann, Eagle City Clkrk ,,,,,,,, Page 26 of 26 K ',Planning Dept`Eagle Appltwtions\Preliminary Development Plans`2013\Synnga Sub pzf doc