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Findings - PZ - 2019 - RZ-15-18/CU-07-18/PPUD-05-18/PP-11-18 - Residential Development/1795 & 1797 W Floating Feather RoadBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE WITH A DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR HIDDEN POND SUBDIVISION FOR CREEK WATER, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-15-18/CU-07-18IPPUD-05-18IPP-11-18 The above -entitled rezone with a development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 17, 2019, at which time public testimony was taken and the public hearing was closed. The Commission made their decision at that time. 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: Creek Water, LLC, represented by Mark Butler, is requesting a rezone from R -E (Residential - Estates) to R -3 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Hidden Pond Subdivision, a 12 - lot (9 -buildable, 2 -common, 1 -private road) residential planned unit development. The 9.85 -acre site is located on the south side of West Floating Feather Road approximately 750 -feet east of the intersection of North Ballantyne Lane and West Floating Feather Road at 1795 and 1797 West Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at the Eagle Sewer District conference room at 6:00 PM, on Wednesday, September 19, 2018, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on November 15, 2018. Supplemental engineering information and a revised preliminary plat were provided to the City on March 12, 2019, to address concerns identified within the City Engineer's letter, dated December 13, 2018. 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 May 31, 2019. 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 May 28, 2019. Requests for agencies' reviews were transmitted on July 17, 2018, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 6, 2019. D. HISTORY OF PREVIOUS ACTIONS: On November 27, 2001, the Eagle City Council approved a rezone from A (Agriculture) to R -E (Residential -Estates) for Mike Malterre (RZ-10-01). On November 27, 2001, the Eagle City Council approved a lot split for Mike Malterre (LS -03-01). Page 1 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN ZONING DESIGNATION DESIGNATION Large Lot Residential No Change North of site Large Lot Residential South of site East of site West of site Large Lot Residential Large Lot Residential Large Lot Residential R -E (Residential -Estates) R -3 -DA -P (Residential with a development agreement and PUD) R -E (Residential -Estates) A -R (Agricultural - Residential) R-1 -DA (Residential with a development agreement) R-1 (Residential) LAND USE Two (2) single-family residences Single -Family, Residential Planned Unit Development Two (2) single-family residences (Unplatted parcel and Hesse Subdivision) Single-family residence (Bakers Acres Subdivision) Single-family residential (Covenant Hill Subdivision) Single-family residential (Lockwood Subdivision) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. H. S1'i'E DATA: Total Acreage of Site — 9.85 -acres Total Number of Lots — 13 Residential — 9 (8-buildalbe, 1 -existing) Commercial — 0 Industrial — 0 Common — 4 (3 -common, 1 -private road) Total Number of Units — 9 Single-family — 9 (8 -buildable, 1 -existing) Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 2 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx Additional Site Data Proposed Dwelling Units Per Gross Acre Minimum Lot Size .91 -dwelling units per acre Required .91 -dwelling units per acre (as limited within the development agreement) 11,003 -square feet 10,000 -square feet (minimum) Minimum Lot Width 90 -feet Minimum Street Frontage (for lots 0 -feet (Lots 12 and 13 served adjacent to a street) by a shared driveway) Total Acreage of Common Area 2.10 -acres* Open Space Percent of Site as Common Area 21.3%* Open Space 75 -feet 35 -feet 1.97 -acres 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. * The calculation does not include the area identified on the preliminary plat as Lot 4 associated with the private street. GENERAL SilE DESIGN FEATURES: Landscape Screening: The northern property line is located adjacent to West Floating Feather Road which is classified as a minor arterial. The applicant is proposing a 50 -foot wide buffer area located adjacent to West Floating Feather Road. Open Space: A total of 2.10 -acres, approximately 21.3% of open space is proposed within the residential subdivision. The open space is inclusive of the planter strips (located on each side of the private street), the buffer area located adjacent to West Floating Feather Road, and a centralized lot (Lot 11 — 73,833 -square feet) which will include a pond, dock, and gazebo. Pathways will be provided for pedestrian circulation throughout the common lot. The site also contains a common lot (Lot 4 — 20,912 -square feet) which contains a private street. Lot 4, containing the private street, is not included in the open space calculation. 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 Page 3 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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 March 12, 2019, notes easement widths which are in conformance with Eagle City Code Section 9-3-6. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by Suez Water. On-site Septic System: There are existing septic systems that currently serves both houses located on the site. The preliminary plat, date stamped by the City on March 12, 2019, shows the existing house located at 1795 West Floating Feather Road will be demolished. The applicant is proposing to abandon both septic systems during construction of the subdivision. The existing house located at 1797 West Floating Feather Road is proposed to be connected to central sewer. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN (based on the preliminary plat, date stamped by the City on March 12, 2019): Public Streets: None Private Street: The private street typical road section shows a 30 -foot wide street section (contained within a common lot). The area of the private street located within the common lot contains 29 -feet of travel way (as measured from back of curb to back of curb) with 2 -foot wide vertical curb and gutter located on each side of the travel way. The street section shows an 8 -foot wide landscape easement located on one (1) side of the private street outside of the right-of-way area and a 13 -foot wide landscape easement area (inclusive of an 8 -foot landscape easement and 5 -foot wide sidewalk) located on the opposite side of the street, outside of the right-of-way. Applicant's Justification for Private Streets: See applicant's justification letter, date stamped by the City on May 22, 2019. Blocks Less Than 500': None. Cul-de-sac Design: The preliminary plat, date stamped by the City on March 12, 2019, shows North Hidden Pond Lane with a hammerhead turnaround. The proposed hammerhead is approximately 360 -feet from the intersection of North Hidden Pond Lane and West Floating Feather Road. Page 4 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx Sidewalks: A detached five-foot (5') wide detached concrete sidewalk is proposed abutting the planter strip located on the south side of the private lane. Curbs and Gutters: The preliminary plat, date stamped by the City on March 12, 2019, shows the street section with vertical curb and gutter located on each side of the private street. Lighting: Lighting for the proposed streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND Orr-Sri PEDESI'RIAN/BICYCLE CIRCULATION: Pedestrian Walkways: See preliminary plat, date stamped by the City on March 12, 2019, for pathway locations. 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 F'LJTURE ACQUISITIONS MAP: No map currently exists. N. SPECIAL ON-SI'I'E FEATURES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — yes — located adjacent to the perimeter of the site, east side of the existing driveway providing access to 1797 West Floating Feather Road, and in proximity to the two (2) existing residences. Riparian Vegetation — no Steep Slopes — yes Stream/Creek — no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no O. SUMMARY OF REVJEW OF ENVIRONMENTAL ASSESSMEN'I' PLAN (IF' REQUIRED): 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: Page 5 of 29 K:\Planning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzfdocx City Engineer: All comments within the engineer's letter dated April 23, 2019, are of special concern (attached to the staff report). Ada County Highway District (ACHD) Andeavor (formerly known as Tesoro Logistics) Boise River Flood Control District #10 (email correspondence received from Jared Richardson) Central District Health Department Department of Environmental Quality Eagle Fire Department Idaho Transportation Department New Dry Creek Ditch Company (email correspondence received from Ron Sedlacek) Q. LE'II'ERS FROM THS PUBLIC (attached to the staff report): Correspondence received from Steve Crane, date stamped by the City on May 31, 2019. R. PROPOSED '11ME SCHEDULE FOR THE DEVELOPMENT OF 1 HE The applicant is proposing to construct the subdivision in one (1) phase. S. EAGLE CITY CODE FII\TDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 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. Page 6 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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. STAI'F' ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING '1 HIS PROPOSAL: 6.3 Land Use Designations: The Comprehensive Land Use Map (adopted November 14, 2017), designates this site as the following: Large Lot Residential Suitable primarily for single family residential adjacent to Estate Residential uses. Densities range from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities higher than 1 unit per 2 acres. Open spaces and parks in this area will be generally limited. Land uses in this category will tend to appear as suburban large lot and generally less agrarian than the Estate Residential and AgriculturallRural designations. Chapter 6 — Land Use (Page 65 states in part) The City reserves the right to limit density based on compatibility with existing adjacent uses including, but not limited to, the transition of lot sizes, compatibility of use, the intensity of use, the overall design of a project, the impact to infrastructure, and the ability to serve a specific use or project. 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 for the R-3 (Residential) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Width I* Sq. Ft.) G And H* R-3 35' 30' 25' 7.5' 20' 40% 10,000 75' 8-2-4(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): 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 Page 7 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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: 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 OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: HILLSIDE SUBDIVISION: Any subdivision, or portion thereof, having an average slope of ten percent (10%) or more. • Eagle City Code Section 9-3-2-5: Private Streets: Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (10%) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide adequate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 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. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. Page 8 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County Highway District's structural standards for streets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County Highway District's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (12') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Vertical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2-1G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current engineering and design standards. Page 9 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location of the private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual easement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection Cl of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modified and that the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintenance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. • 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 Page 10 of 29 K:\Planning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzfdocx 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. • Eagle City Code Section 9-5-3: Hillside Subdivisions: 9-5-3-1: PRESERVATION OF NATURAL FEA'i'URES: In order to preserve, retain, enhance and promote the existing and future appearance, natural topographic features, qualities and resources of hillsides, special consideration shall be given to the following: B. Rolling grassy landforms, including knolls, ridges and meadows; 9-5-3-2: DEVELOPMENT EVALUATION: A. All development proposals shall take into account and shall be judged by the way in which land use planning, soil mechanics, engineering geology, hydrology, civil engineering, environmental and civil design, and architectural and landscape design are applied in hillside areas, including, but not limited to: 1. Planning on development to fit the topography, soils, geology, hydrology and other conditions existing on the proposed site; 2. Orientation of development on the site so that grading and other site preparation is kept to an absolute minimum; 3. Shaping of essential grading to blend with natural landforms and to minimize the necessity of padding and/or terracing of building sites; 4. Division of large tracts into smaller workable units on which construction can be completed within one construction season so that large areas are not left bare and exposed during the winter -spring runoff period; 5. Completion of paving as rapidly as possible after grading; 6. Allocation of areas not well suited for development because of soil, geology or hydrology limitations for open space and recreation uses; 7. Minimizing and disruption of existing plant and animal life; and 8. Consideration of the view from and of the hills. B. Areas having soil, geology or hydrology hazards shall not be developed unless it is shown that: 1. Their limitations can be overcome; 2. Hazard to life or property will not exist; 3. The safety, use or stability of a public way or drainage channel is not jeopardized; and 4. The natural environment is not subjected to undue impact. 9-5-3-3: ENGINEERING PLANS: The developer shall retain a professional engineer(s) to obtain the following information: A. Soils Report: For any proposed hillside development, a soils engineering report shall be submitted with the preliminary plat. This report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading Page 11 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx procedures, design criteria for corrective measures and opinions and recommendations covering the adequacy of sites to be developed. B. Geology Report: For any proposed hillside development, a geology report shall be submitted with the preliminary plat. This report shall include an adequate description of site geology and an evaluation of the relationship between the proposed development and the underlying geology and recommendations for remedial remedies. The investigation and subsequent report shall be completed by a professional geologist registered in the state of Idaho. C. Hydrology Report: For any proposed hillside development, a hydrology report shall be submitted with the preliminary plat. This report shall include an adequate description of the hydrology, conclusions and recommendations regarding the effect of hydrologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed. (Ord. 566, 5-15-2007) 9-5-3-4: GRADING PLANS: A. Preliminary Grading Plan: A preliminary grading plan shall be submitted with each hillside preliminary plat proposal and shall include the following information: 1. Approximate limiting dimensions, evaluations or finish contours to be achieved by the grading, including all cut and fill slopes, proposed drainage channels and related construction; 2. Preliminary plans and approximate locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A description of methods to be employed in disposing of soil and other material that is removed from the grading site, including the location of the disposal site. B. Final Grading Plan: A final grading plan shall be submitted with each final plat and shall include the following information: 1. Limiting dimensions, evaluations or finish contours to be achieved by the grading, including all proposed cut and fill slopes and proposed drainage channels and related construction; 2. Detailed plans and locations of all surface and subsurface drainage devices, walls, dams, sediment basins, storage reservoirs and other protective devices to be constructed; and 3. A schedule showing when each stage of the project will be completed, including the total area of soil surface which is to be disturbed during each stage together with estimated starting and completion dates. In no event shall the existing natural vegetative ground cover be destroyed, removed or disturbed more than fifteen (15) days prior to grading. 9-5-3-5: Development Standards: A. Soils: 1. Fill areas shall be prepared by removing organic material such as vegetation and rubbish, and any other material which is determined by the soils engineer to be detrimental to proper compaction or otherwise not conducive to stability. No rock or similar irreducible material with a maximum dimension greater than eight inches (8") shall be used as fill material in fills that are intended to provide structural strength. Page 12 of 29 K:\Planning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 2. Fills shall be compacted to at least ninety five percent (95%) of maximum density, as determined by AASHTO T99 and ASTM D698. 3. Cut slopes shall be no steeper than two (2) horizontal to one vertical. Subsurface drainage shall be provided as necessary for stability. 4. Fill slopes shall be no steeper than two (2) horizontal to one vertical and shall not be located on natural slopes two to one (2:1) or steeper, or where fill slopes toes out within twelve feet (12') horizontally of the top of an existing or planned cut slope. 5. Tops and toes of cut and fill slopes shall be set back from property boundaries a distance of three feet (3') plus one-fifth (1/5) of the height of the cut or fill but need not exceed a horizontal distance of ten feet (10'). Tops and toes of cut and fill slopes shall be set back from structures a distance of six feet (6') plus one-fifth (1/5) the height of the cut or fill, but need not exceed ten feet (10'). 6. The maximum horizontal distance of disturbed soil surfaces shall not exceed seventy five feet (75'). B. Roadways: 1. Road alignments should follow natural terrain and no unnecessary cuts or fills shall be allowed in order to create additional lots or building sites. 2. One-way streets shall be permitted and encouraged where appropriate for the terrain and where public safety would not be jeopardized. Maximum width shall be seventeen feet (17') between the backs and curbs. 3. The width of the graded section shall extend three feet (3') beyond the curb back or edge of pavement on both the cut and fill sides of the roadway. If sidewalk is to be installed parallel to the roadway, the graded section shall be increased by the width of the sidewalk plus one foot (1') beyond the curb back. 4. Standard six inch (6") vertical curb and gutter shall be installed along both sides of all paved roadways. C. Driveways And Parkings: Combinations of collective private driveways, cluster parking areas and on street parallel parking bays shall be used to attempt to optimize the objectives of minimum soil disturbance, minimum impervious cover, excellence of design and aesthetic sensitivity. 9-5-3-6: VEGETATION AND REVEGETATION:linklink A. The developer shall submit a slope stabilization and revegetation plan which shall include a complete description of the existing vegetation, the vegetation to be removed and the method of disposal, the vegetation to be planted and slope stabilization measures to be installed. The plan shall include an analysis of the environmental effects of such operations, including the effects on slope stability, soil erosion, water quality and fish and wildlife. B. Vegetation sufficient to stabilize the soil shall be established on all disturbed areas as each stage of grading is completed. Areas not contained within lot boundaries shall be protected with perennial vegetal cover after all construction is completed. Efforts shall be made to plant those species that tend to recover from fire damage and do not contribute to a rapid rate of fire spread. C. The developer shall be fully responsible for any destruction of native vegetation proposed for retention. He shall carry the responsibility both for his own employees and for all subcontractors from the first day of construction until the notice of completion is filed. The Page 13 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx developer shall be responsible for replacing such destroyed vegetation. (Ord. 566, 5-15- 2007) 9-5-3-7: MAINTENANCE REQUIRED: The owner of any private property on which grading or other work has been performed pursuant to a grading plan approved or a building permit granted under the provisions of this title shall continuously maintain and repair all graded surfaces and erosion prevention devices, retaining walls, drainage structures or means, and other protective devices, plantings and ground cover installed or completed. D. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on March 12, 2019): • The subject property is designated Large Lot Residential on the Comprehensive Plan Land Use Map. Large Lot Residential allows for densities of 1 unit per acre to 1 unit per 2 acres. The minimum lot size in a R-1 (Residential — up to lunit per acre) zone is 37,000 -square feet. The applicant is requesting a R-3 (Residential) zoning designation to allow for smaller lot sizes. The proposed subdivision has 5 lots located on the east side of Hidden Pond Lane which vary in size from 11,002 — 24,649 -square feet. Although the proposed density is in conformance with the Comprehensive Plan, the Comprehensive Plan contains language which states in part, the City reserves the right to limit density based on compatibility with existing adjacent uses including, but not limited to, the transition of lot sizes, compatibility of use, the intensity of use, and the overall design of the project. Based on the design and sizing of the lots they do not provide a good transition of lot sizing or lot alignment with the adjacent lots located within Covenant Hill Subdivision. With the removal of one lot located on the east side of the Hidden Pond Lane the lots would have a one to one transition with the adjacent lots located within Covenant Hill Subdivision. The applicant should provide a revised preliminary plat showing Lots 7 and 8, Block 1, combined into a single lot. The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • Pursuant to Eagle City Code Section 8-2-4, the required setbacks within the R-3 (Residential) zone are as follows: Front 30 -feet Rear 25 -feet Side 7.5 -feet, 12.5 -feet (second story) Street Side 20 -feet Maximum coverage 40% The applicant is proposing the setbacks to be in conformance with Eagle City Code, however, the preliminary plat shows the front setback on the lots located on the south side of West Hidden Pond Lane 20 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4 (G), all front load garages are to be set back a minimum of 25 -feet from the back of sidewalk. The street section shown on the preliminary plat shows the 8 -foot wide planter strip and the 5 -foot wide sidewalk to be located outside of the private street right-of-way. The setbacks are measured from the property line; therefore, a 30 -foot setback would allow for the front of the garage to be located 17 -feet from the back of the sidewalk. Based on Eagle City Code and the width of the planter strip and sidewalk located on the west side of West Hidden Pond Lane the front setback for the lots located on the south side of West Hidden Pond Lane should be 43 - feet. It is staff's opinion that based on the width of the planter strip and sidewalk located outside of the private street right-of-way the setbacks and lot coverage should be as follows: Page 14 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzfdocx Front 30 -feet 43 -feet (lots located on the west side of West Hidden Pond Lane) Rear 25 -feet Side 7.5 -feet, 12.5 -feet (second story) Street Side 20 -feet Maximum coverage 40% • Plat note #8 of the preliminary plat states, "In addition to the 30.0' front setback, Lots 2 & 3 shall respect a 20.0' setback from the back of detached sidewalk. The setbacks for the lots located adjacent to the detached sidewalk will be addressed with the required setbacks for the subdivision. Based on the setbacks being addressed separately the applicant should be required to provide a revised preliminary plat with plat note #8 removed. The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat does not contain plat notes addressing the following items: 1) the subdivision is subject to a development agreement, 2) building setbacks, 3) re -subdivision of the property, 4) the subdivision is served by a pressurized irrigation system and the homeowner's association is responsible for the operation and maintenance of the system, and 5) direct lot access to West Floating Feather Road is prohibited. The applicant should be required to provide a revised preliminary plat with new plat notes addressing the aforementioned items, as conditioned herein. The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat shows three (3) existing wells located within the site. The well located approximately 250 -feet south of the northern property line is identified that it will be capped/abandoned per local standards. The second well is located approximately 570 -feet south of the northern property line and is proposed to be located within Lot 11 (common lot). The second well is identified to remain for HOA ownership and use. The third well is located in proximity to the existing house to remain on Lot 13, Block 1. The third well is identified to remain for exclusive use and ownership for Lot 12 [sic]. In regard to the first well, the applicant should provide documentation indicating the well located approximately 250 -feet south of the northern property line was properly abandoned pursuant to the IDAPA rules for the abandonment of wells. The documentation should be provided prior to the City Clerk signing the final plat. In regard to the third well providing service to the existing home located within Lot 13, Block 1, the applicant should provide a revised preliminary plat which indicates the existing well located within Lot 13, Block 1, is for use for the existing house. The existing home (Lot 13, Block 1) may continue the use of the existing well, however, in the event the well fails the owner should be required to connect to the central water system. The owner should be required to provide a water stub -out for public water to the existing home prior to the issuance of any building permits for the subdivision. • Plat note #4 of the preliminary plat states, "Lots 1, 4, 5, and 11, Block One shall be designated as blanket utility, irrigation, drainage, pathway, and ingress/egress easements. All other lots are to be designated single family residential." The lots referenced by number are identified in note #10 as common lots. If it is the intention of the note to identify the referenced lots will contain blanket easements the note should not "designate" the lots as blanket easements, the note should identify the lots as having blanket easements. Also, the reference to the ingress/egress easement is not defined as to why the ingress/egress is provided. The applicant should be required to provide a revised preliminary plat with plat note #4 revised to state, "Lots 1, 4, 5, and 11, Block 1, shall have blanket utility, irrigation, drainage, and pathway easements." The revised preliminary plat should be provided Page 15 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx prior to submittal of final development plan/final plat applications. Although the plat note indicates Lot 4 has an ingress/egress easement, it does not properly address the required plat notes associated with private streets. Pursuant to Eagle City Code Section 9-3-2-5(C)(2) notes shall be included on the face of the plat which shall: a) Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b) Provide that such perpetual easement shall run with the land; and c) Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the City. The applicant should provide a revised preliminary plat with a new plat note associated with Lot 4 which a) conveys to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private streets, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private streets cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat should be provided to the City prior to submittal of final development plan/final plat applications. • Lots 12 and 13, Block 1, gain ingress/egress through Lot 11, Block 1 (common lot). Plat note #5 of the preliminary plat states, "Vehicular access to Lot 11 will be restricted to the owners of Lots 12 and 13 and emergency vehicles only." Plat note #6 states, "The owners of Lots 12 and 13 shall have a blanket access easement of Lot 11 to connect their private driveways to the shared hammer head." Plat note #11 states, "Gated private driveway to be maintained by the owners of Lots 12 and 13 with pedestrian HOA access to the amenities." As noted Lot 11 contains the private driveway providing connection between Lots 12 and 13 and the private street located within Lot 4. Since Lot 11 is proposed to contain a blanket easement it is unknown where the access driveways will be located providing ingress/egress for the two (2) lots. Lot 11 is a common lot; therefore, the applicant will be required to submit a design review application for the landscaping of the common lot. Without knowing the exact location of the driveway ingress/egress points for the two (2) lots it will be difficult to design a landscaping plan for Lot 11. The applicant should be required to provide a revised preliminary plat showing the location of the ingress/egress easements on Lot 11 which provide access to Lots 12 and 13. The revised preliminary plat should be provided prior to submittal of a final development plan/final plat application. Also, it is noted that the owners of Lots 12 and 13, will be responsible for the maintenance of the driveways. Although this is a private driveway it should be treated as a private street regarding the right of ingress/egress, perpetual easement, and the covenant for a maintenance of the driveway. The applicant should be required to provide a revised preliminary plat with note #6 revised to state, "Lot 11 shall contain a perpetual easement for ingress/egress for Lots 12 and 13. The perpetual easement shall run with the land. The restrictive covenant for maintenance of the private driveway cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat should be provided to the City prior to submittal of final development plan/final plat applications. The applicant should provide a revised preliminary plat with plat note #11 removed. The revised preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat contains a street section showing the 29.0' private street with 6" vertical curb and gutter. The preliminary plat application, date stamped by the City on November 15, 2019, indicates the type of curbs and gutters proposed is rolled curb and gutter. Pursuant to Page 16 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzfdocx Eagle City Code Section 9-2-3-5(B)(2) streets that are less than 34 -feet in width shall have vertical curbing. The private street contained within Lot 4 should have 6" vertical curbing located on each side of the street. • The preliminary plat shows that a portion of the lots located on the east side of North Hidden Pond Lane may exceed a slope area of 10% or more. Since not all of the proposed subdivision does not have slopes that exceed 1O% of more, a soils, geology, and grading plan should not be required. In regard to those lots located on the east side of North Hidden Pond Lane that may have slopes that exceed 10% or more, the applicant should be required to provide a detailed grading plan for those lots exceeding a 10% slope area. The grading plan should be provided at the time of final development plan/final plat submittal. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat with the conditions of development, site specific conditions of approval, and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their recommendation on June 17, 2019, at which time public testimony was taken and the public hearing was closed. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by nine (9) individuals who indicated the following concerns: • The property should not be rezoned to R-3 since the surrounding properties are zoned R-1. • The turn -around area located at the terminus of the private street is not large enough for fire trucks. • The residents living on the site race their go-karts up and down the driveway and the additional homes will add to the problem. • The lots should be a minimum of one -acre in size. • The applicant should not be permitted to cluster the lots. • The proposed parking area will attract undesirable individuals to the area. • The area is designated Large Lot Residential in the comprehensive plan and the proposed lot sizing is not in conformance with the comprehensive plan. • The lots should be spread out through the property and not clustered in proximity to West Floating Feather Road. • The design of the subdivision does not provide a transition of lot sizing to the adjacent subdivision. • Any proposed waivers to the required setbacks should be discouraged. • Due to the narrowness of the private street and proposed turn -around emergency vehicle access may be an issue. • If the design of the subdivision is approved as is the height of the homes should be restricted to single -story. • With the number of lots backing up to the existing lots. • The size of the lots does not fit with the size of the existing lots in the area. • The design of the subdivision is misleading since there are two (2) very large lots and the remaining lots are small. • Who is liable if emergency vehicles cannot gain access to the development? • The subdivision should have more than one (1) entrance. Page 17 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx • As designed, the subdivision does not conform with the surrounding subdivisions. • The subdivision should be denied based on only having a single access. • The proposed lots should be consistent in size. • The subdivision is inconsistent with the feel and character of the area. • The subdivision should not have more than five (5) buildable lots. • Re -locating and expanding the existing driveway to a private street will have a detrimental effect on the home located across West Floating Feather Road, due to the number of vehicle trips and headlights shining into the house. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by one (1) individual who indicated the following: • They have a concern with the density of the lots located in proximity to West Floating Feather Road. • A concern with the safety and visibility of vehicles when entering West Floating Feather Road from the subdivision. • Although the proposed subdivision is small, based on the number of subdivisions in the area this subdivision will have a cumulative effect on West Floating Feather Road. COMMISSION DELIBERATION: (Granicus time 01:40:50) Upon closing the public hearing, the Commission discussed during deliberation that: • The development of the subdivision may eliminate some of the concerns with the activity that is currently occurring on the property (i.e. go-kart riding). • They do not believe that illegal activities will be occurring within the proposed parking area. • Agree with clustering of the lots to preserve the trees and the pond currently located on the property. • A planned unit development allows for flexibility of design. • They support reducing the number of lots by merging Lots 7-8 into a single -lot to provide a transition to the adjacent property. • This appears to be an infill project on an irregular shaped property. • They appreciate the design to maintain the existing natural resources located within the site. • The probability of the access being blocked is minimal. • If this proposal is developed with the same care as Covenant Hill Subdivision it will be a quality development. • The fire access issues have been addressed. • The fire and police department have issues with parking on private streets. COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to approve RZ-15-18 for a rezone from R -E (Residential -Estates) to R -3 -DA- P (Residential with a development agreement — PUD) for Creek Water, LLC, with the following conditions to be placed within a development agreement: 3.1 3.2 The maximum number of dwelling units shall not exceed 8 -dwelling units, including the 1 -existing house (.81 -dwelling units per acre). Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. Page 18 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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 repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, private streets, 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 homeowner's association or other entity cannot be dissolved without the express consent of the city. (b) A requirement that the owners of Lots 12 and 13 will be responsible for the maintenance and operation of the common driveway located within Lot 11. (c) A requirement for all fencing located adjacent to open space to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited. (d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential uses. A letter of approval shall be provided to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality, and/or Central District Health, prior to issuance of any building permits. 3.6 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. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.7 In conjunction with 3.6 above, all living trees that do not encroach upon the buildable area on any lot 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 and mitigation by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed 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, gazebos, and/or similar amenities, The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal of a final development plan/final plat applications. Page 19 of 29 K:\Planning DeptTagle ApplicationsTreliminary Development Plans\2018\Hidden Pond Sub pzf.docx 3.9 The existing home (Lot 13, Block 1) may continue the use of the existing well, however, in the event the well fails Owner shall be required to connect to the central water system. Owner shall provide a water stub -out for public water to the existing home prior to the issuance of any building permits for the subdivision. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT MODIFICATION, PRELIMINARY DEVELOPMENT PLAN MODIFICATINON, AND PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of CU -07- 1 8/PPUD-05-18/PP-1 1-18 for Hidden Pond Subdivision (Exhibit "A") for Creek Water, LLC, with the following staff recommended site specific condition of approval and standard conditions of approval with underline text to be added by the Commission and strikethrough text to be deleted by the Commission: 1. Comply with all conditions within the development agreement for rezone application RZ-15--18 and subsequent modifications. 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 upon receipt of an invoice by the City or prior to the City Clerk signing the final plat, whichever occurs first. (ECC 9-2-3[C][3][1]) 4. 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. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit is required prior to construction of a fence in any of these locations. 5. Provide a revised preliminary plat showing Lots 7 and 8, Block 1, combined into a single lot. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 6. The following setback requirements shall be as follows: Front 30 -feet 33 -feet (living) 3843 -feet (garage) (lots located on the seuth east side of West Hidden Pond Lane) Rear 25 -feet Side 7.5 -feet, 12.5 -feet (second story) Street Side 20 -feet Maximum coverage 40% 7. Provide a revised preliminary plat with plat note #8 removed. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 8. Provide a revised preliminary plat with a new plat note which states, "All development within this subdivision shall be consistent with the conditions of development within the development agreement associated with RZ-15-18 and any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 9. Provide a revised preliminary plat with a new plat note which states, "Minimum building setback lines shall be in accordance with the applicable zoning regulations at the time of issuance of a building permit, or as specifically approved and/or required." The preliminary plat shall be provided prior to submittal of final development plan/final plat applications. Page 20 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 10. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 11. Provide a revised preliminary plat with a new plat note which states, "This subdivision contains a pressurized irrigation system which will be owned and operated by the Hidden Pond Homeowners Association." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 12. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to West Floating Feather Road is prohibited unless specifically approved by Ada County Highway District and the City of Eagle. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 13. Provide a revised preliminary plat with plat note #4 revised to state, "Lots 1, 4, 5, and 11, Block 1, shall have blanket utility, irrigation, drainage, and pathway easements." The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 14. Provide a revised preliminary plat with a new plat note associated with Lot 4 which a) conveys to each lot owner within the subdivision to be served by the private streets the perpetual right of ingress and egress over the described private streets, b) provide that such perpetual easement shall run with the land, c) provide that the restrictive covenant for maintenance of the private streets cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of final development plan/final plat applications.(ECC 9-2-3-5 :C] -2]) 15. Provide a revised preliminary plat showing the location of the ingress/egress easements on Lot 11 which provide access to Lots 12 and 13. The revised preliminary plat shall be provided prior to submittal of a final development plan/final plat application. 16. Provide a revised preliminary plat with note #6 revised to state, "Lot 11 shall contain a perpetual easement for ingress/egress for Lots 12 and 13. The perpetual easement shall run with the land. The restrictive covenant for maintenance of the private driveway cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. The revised preliminary plat shall be provided to the City prior to submittal of final development plan/final plat applications. 17. Provide a revised preliminary plat with plat note #11 removed. The revised preliminary plat shall be provided prior to submittal of final development plan/final plat applications. 18. The private street contained within Lot 4 shall have 6" vertical curbing located on each side of the street. (ECC9-2-3-5 =B] =2]) 19. Provide a detailed grading plan for those lots exceeding a 10% slope area. The grading plan shall be provided at the time of final development plan/final plat submittal. (ECC 9-5-3-4 -B]) 20. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3) building 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, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development plan/sinal plat applications. (ECC 8-2A-7) Page 21 of 29 KAPlanning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 21. 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, oras 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. 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. 22. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. 23. All living trees that do not encroach upon the buildable area on any lot 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 or private lots (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. 24. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing the ACHD license agreement and associated Ada County instrument number. (ECC 9-4-1-2) 25. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 26. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Hidden Pond Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Hidden Pond 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 1D]:41) 27. Hidden Pond Subdivision shall remain under the control of one Homeowner's Association. 28. All plat notes that are required on the preliminary plat and development plan shall be transferred to the final plat prior to submittal of the final development plan/final plat applications. 29. Owner shall provide documentation indicating the well located approximately 250 -feet south of the northern property line was properly abandoned pursuant to the IDAPA rules for the abandonment of wells. The documentation shall be provided prior to the City Clerk signing the final plat. 30. The existing septic system(s) serving the existing houses shall be abandoned prior to the City Clerk signing the final plat. The remaining existing house located on Lot 13 (as shown on the preliminary plat, date stamped by the City on March 12, 2019) shall be connected to central sewer prior to the City Clerk signing the final plat. 31. Provide documentation from the subdivision contractor indicating the septic system(s) previously located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. Page 22 of 29 K:\Planning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a 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. Page 23 of 29 10Planning DeptTagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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. 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. Page 24 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. 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. 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 P lat. 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. Page 25 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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 accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 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 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. The Commission reviewed the particular facts and circumstances of this proposed rezone with development agreement (RZ-15-18) 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 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 with a development agreement — PUD) complies with the Large Lot Residential and Residential Transition designations as shown on the Comprehensive Plan Land Use Map since the applicant is not proposing more than one unit per Page 26 of 29 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx acre and the proposed density is below the density allowed; 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. The site is located within the Eagle Sewer District and the Suez of Idaho certificated service area for potable water; c. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -E (Residential -Estates) zone and land uses to the north since that area is developed with two (2) homes and the applicant is required to construct a 50 -foot wide landscaped berm between West Floating Feather Road and the buildable lots located within the subdivision; d. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the A -R (Agricultural -Residential) zone and land use to the south since this area has been developed with a residential subdivision and a tree lined canal provides a buffer between the two (2) properties; e. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -1 -DA (Residential with a development agreement) zone and land use to the east since that area is developed with a density similar to the proposed development and the applicant is required to provide a transition of lot alignment to the adjacent subdivision; f. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R-1 (Residential) zone and land use to the west since that area is developed with a density similar to the proposed development; The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non -conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-07-18IPPUD-05-18JPP-1 1-18) 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. Hidden Pond Subdivision has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance with the executed development agreement associated with the site; 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. Hidden Pond Subdivision is designed to be harmonious with the adjacent subdivisions through the transitioning of lots located adjacent to the surrounding subdivisions; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. g. Hidden Pond Subdivision is proposed to be developed with residential homes similar to the residential homes located in the immediate vicinity; and Page 27 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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. Hidden Pond Subdivision will be served by West Floating Feather Road (designated as a minor arterial) and an internal private street network located within the development; and e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense; 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, Suez Water Company, or 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. This development plan includes a centralized common lot with a pond amenity and pedestrian pathway; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The private street serving the development will take access from West Floating Feather Road (designated as a minor arterial); and 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; and 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 Large Lot Residential and the proposed density is in conformance with the comprehensive plan; 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. The developer has requested 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 and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and Page 28 of 29 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx 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. DATED this 1st day of July, 2019 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho J ,M Lr Trent Wright, Chairman ATTEST: Sharon K. Bergmann, Eagle City Cle k ss, CIT Y �r ®:. 2.,,� •••••••• •' • coke ••-y • • s • o • • s % 7 • r' % • iJ � • r .4- : */ •(-)k-17 Yo17••�'e`o•�7•)•1•9r••• s% Page 29 of 29 K:APlanning Dept\Eagle Applications\Preliminary Development Plans\2018\Hidden Pond Sub pzf.docx • PRELIMINARY PLAT FOR HIDDEN POND SUBDI7ISION A PARCEL OF LAND LOCATED WITHIN THE NE 1/4 OF THE NE 1/4 SECTION 7, T.4N., R.1E., B.M., EAGLE, ADA COUNTY, IDAHO 2019 6 7 N. BALLANTYNE LANE .1()f�$ ACMAAN 3^ •.►•Ir«I I 1•;,`t Edi t, W. FLOATING FEATHER ROM STREET SECTION r= w cul hOtiEl�'. c • • N12'49'30"W 32.91' Cik,tlt t" YARN 'A4S ti A.::c .eft: Au P. I • NOTES SURFACE STORtiI �'J:.TER DRAINAGE SN:.II BE QIRECTEQ To PROFUSED UNSITE STURAI 1N.:TER h1AN:.GEI.tENT IaCIIITIEy%.i.►►TOWN 2 THIS UBDIvlSlO►/ IS SL,/,E T TO CUAIPt1ANCE WITH THE IDAHO COLE SECTION 31.3SOS CONERTIIN� IRkIGATIUN 1V'.IER 3 PROTECT SITE K IOC,fTO oUTSIC)E THE 100 YEAR FLOODPLAIN PER FET.,A FLOOD FIRM 6110LC03•lN, DATED 2.19.2003 4. LOTS 1,d, S, AND 1 BLOCK ONE SNAIL BE :DESIGNATED AS BLANKET UTILITY, IRRIGATION, UNAIN:.GE. PI,TNvAv, ANG IrvGREsa/EGaE>> E�sEI►TENT; TILL pTNEN LUl jrNt TU Tlt DESIGNATED SINGLE FAAtIIY RESIDENTIAL 5 VEHICULAR ACCESS 10 LOT 1 ., ll BE RESTRICTED TO THE OWNERS OF LOTS 1: AND 13 ANQ ERIERGENCY �'E HI:IES UNIY THE OWNER S Of TUTS 12 ANO 13 SH:.II NAVE A BIANY,ET ACCE.'i E%.EI.tEr;l OI lc�T 11 TTI CONNE[I THEIR PRIV:.1E I; ILEWAYS TOT /L ,HAREDNARIMER HEF.:! VEGETATION/IAIIOSAPING SH:.It BE REMO`.00NIY :"111EN:.BSc)IUTEty NECES`�RY FOR ONSTRUC110N OF 1.IPROVEI.IEttg UR AS IN)IC:.T LIY/ RE `.lc,E IA1►UN ►'l%.tt. 267 �•!� KI' � AAIE�!+A HiiUENl�R1 OARHi do ASIr ;THIN, 'kL'' Z54t W *RANCV.;: L� ID � N ,.ICO NO'00'26"E 50.32' MIMIC 60 0 30 60 120 SCALE IN FEET = 60' SITE DATA: TOTAL ACRES.............................................!9.85 ACRES AREA EXCLUDING LOTS 11 AND 12...........±5.81 ACRES BUILDABLE LOTS..........................................................9 EXISTING ZONING ...........................R -E (CITY OF EAGLE) PROPOSED ZONE.......................................................R•3 MINIMUM R-3 RESIDENTIAL LOT SIZE.........10,000 sq.ft. MINIMUM PROPOSED LOT SIZE...................11,003 sq.ft. AVERAGE RESIDENTIAL LOT SIZE..................35,767 sq.ft. OPEN SPACE......................................2.10 ACRES (36.0%) BUILDING SETBACKS: STREET SIDE............................................................20.0' IN ADDITION TO THE 30 0 FRON? SETBACI., IDIS: ty 3 SNAIL RE SPECT A 20 0 SETBaC� SIDE ....................... FROIr1 THE BACK OF DETACHED SIUEWAIM 9 UTILITY AND DRAINAGE EASEMENTS SHEET INDEX FRONT, REAR, AND SUBUNISTON BOUNDARY ' - ,,' •. N 6.0 INTERIOR LIGE TOT LINES 1. PRELIMINARY PLAT 10 tors ,,, ANO 11 ARf COMMON 1015 TO BE OwNEG ANp r.u.1N1:.ftJEn By THE H1"Er1 2. PRELIMINARY GRADING PLAN 3. PRELIMINARY PRESSURE IRRIGATION PLAN UTILITY REPRESENTATIVES UTILITY REPRESENTATIVE PHONE GAS 1 INTERMOUNTAIN GAS (208) 377-6839 ELECTRICITY IDAHO POWER {208) 388-6320 DEVELOPER PLANNER LAND SURVEYOR CIVIL ENGINEER TELEPHONE CENTURY LINK (208) 385.2144 _CABLE CABLE ONE (208) 375.8288 ' I SEWER EAGLE SEWER DISTRICT (208j 939-0132 WATER f, EAGLE WATER COMPANY - (208) 939-0242 ! ROADS ADA COUNTY HIGHWAY DISTRICT (208j 454.8135 IRRIGATION FARMERS UNION DITCH COMPANY =31)) FIRE EAGLEFIRE DEPARTMENT 939-6463 29.0' STREET SECTION 30' RICHT•OF•WAY PRIM. ROAD 1' • 10 ll. GATED PRIVATE DRIVEWAY TO BE F.IAINTAINED BY THE n.►IEN�. r.I t(IT, :. •:!t(f 11 �'IITN PE GE�iR1A HOA AI.CESa TO THE AMftJlllEa BACr.EI�'S A,ES SUEUIoS,ON W FLOATING FEATHER RD W HEREFORD DR. TO EAGLE KD PROJECT SITE VICINITY MAP 1`!= 800' GENERAL LEGEND FOUND BRASS CAP MONUMENT FOUND ALUMINUM CAP MONUMENT FOUND 3/8• IRON PILI FOUND 1/2IRON PIN CALCULATED POINT PROPERTY BOUNOARr UNE PARCEL LINE LOT LINE -" - SEC'T�N LINE CENTERLINE EASEMENT LINE S S PI PI EP EP A • PROPOSED SEWER MAIN PROPOSED WATER MAIN PROPOSED PRESSURE IRRIGATION MAMI PROPOSED EDGE Oi PAVEMENT PROPOSED PRESSURE IRRIGATION RISER PROPOSED FIRE HYDRANT PROPOSED SEWER MANHOLE PROPOSED CATCH BASIN PROPOSED SAND b GREASE TRAP DROP INLET TELEPHONE /UNCTION BOX POWER POLE GUY WIRE ANCHOR © POWER TRANSFORMER DECIDUOUS TREE CONIFEROUS TREE tAIW WATER WELL WATER SPIGOT .W. FENCE STORM DRAIN LINE W/MANHOLE SEWER MAIN LINE W/MANHOLE GAS LINE OVERHEAD POWER LINE EDGE OF PAVEMENT EDGE OF DIRT ROAD TOP OF BANK EDGE of WATER OOMEST![ WATER UNE EXTRUDED CURB CURB 6 GUTTER CONCRETE/SIDEWALK TREE CANOPY CURVE TABLE CURVE RADIUS LENGTH CHORD DIST. CHORD BRG. DELTA CT 267.50 255. Id 215 61 Nit O1.23•W 54,912. C2 236.89 67 it 67 IS N2417.5019 1618'15" 811 � Irlll�/IIrKM� � I�tJ�wll.o�ls CALL BEFORE YOU OIGI I'111t4AkitIJ1 NJ,. 1t11 sE ti 11 . i4 1'A ', 73-; N HIDDEN POND SUBDIV PRELIMINARY PL/ 1 1 3