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Findings - PZ - 2006 - A-4-06/RZ-4-06 & PP-4-06 - A/Rz From Rut To R-3-Da/Kathleen Estates Subd/35-Lot/10.51/325 N Park Lane BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION, REZONE, AND ) PRELIMINARY PLAT FOR KATHLEEN ) ESTATES SUBDIVISION FOR CAPITAL ) DEVELOPMENTAND TOM RICKS ) OR \ G \ N: !~, \- FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-4-06/RZ-4-06 & PP-4-06 The above-entitled Annexation, Rezone, and Prelirninary Plat applications carne before the Eagle Planning and Zoning Commission for their recommendation on June 5, 2006, at which time public testirnony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testirnony, and having duly considered the rnatter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Dave Yorgason with Capital Development is requesting annexation of9.99-acres and a rezone with a development agreement frorn RUT (Rural Urban Transition) to R-3-DA (Residential-three units per acre maxirnum with a development agreement) and preliminary plat approval for Kathleen Estates Subdivision. The 35-lot subdivision (29- residential, 6-common) consisting of 1O.51-acres is located approximately 1,320-feet north ofW. State Street, on the west side ofN. Park Lane at 325 N. Park Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, December 22, 2005 on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on April 5, 2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on May 22, 2006. Notice of this public hearing was rnailed 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 15, 2006. Requests for agencies' reviews were transmitted on March 3, 2006, in accordance with the requirernents of the Eagle City Code. The site was posted in accordance with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transrnitted on April 12, 2006, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On June 28, 2005, the City Council approved an annexation, rezone and preliminary plat for Eagle Creek Subdivision (A-2-05/RZ-4-05IPP-4-05) which includes the northern portions of Lot 1-8, Block 3, of the proposed Kathleen Estates Subdivision. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzrdoc F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a developrnent agreement to ensure the development of the property is consistent with the Cornprehensive plan and vision of the City of Eagle. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Three - Park RUT (Residential - Ada Agriculture Lane Planning Area County designation) Proposed No Change R-3-DA (Residential-up to Residential Subdivision three units per acre with a development agreement) North of site Residential Three - Park R-3 (Residential-up to three Eagle Creek Subdivision Lane Planning Area units per acre) South of site Residential Three - Park RUT (Residential - Ada Residential & Pasture Lane Planning Area County designation) East of site PubliclSerni-Public Public/Serni-Public Eagle High School West of site Residential Three - Park R-3-DA (Residential-up to Single-family dwellings Lane Planning Area three units per acre with a development agreement) Senora Creek Subdivision No.1 H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. 1. SITE DATA: Total Acreage of Site - +/-10.51-acres (Area to be annexed - 9.99-acres. The remaining 0.52- acre is currently located within the city limits.) Total Number of Lots - 35 Residential - 29 Commercial - 0 Industrial - 0 Common - 6 Total Nurnber of Units - 29 Single-family - 29 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - none Page 2 of 20 K:IPlanning DeptlEagle Applications\SUBS\2006IKathleen Estates pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 2.76-units per acre 3-units per acre maximum Minimum Lot Size 9,306-square feet 1O,000-square feet Minimum Lot Width 80-feet 75-feet Minimum Street Frontage 20-feet 35-feet Total Acreage of Common Area 26,850 square feet (.62 acres) 1.05-acres (minimum) I. 13 -acres * Percent of Site as Common Area 5.87% 10% (rninimum) 10.8%* *Note: The Common Area calculation is inclusive of the eight foot (8') wide planter strips adjacent to the interior roads within the public right of way. J. GENERAL SITE DESIGN FEATURES: Open Space, Green Belt Areas and Landscape Screening: The preliminary plat for the subdivision shows 1.13 acres of common open space area (inclusive of the planter strips located within the right of way). This development will be incorporated into the Eagle Creek Subdivision (Senora) Horne Owner's Association. Eagle Creek Subdivision (Lot 8, Block 2) consists of a pool/clubhouse area, basketball court, tot lot, and a parking area for pool/clubhouse area. The residents of Kathleen Estates will utilize the amenities within Eagle Creek Subdivision. Pedestrian connectivity will be provided to the developrnent to the north on a pedestrian pathway to be located on Lot 8, Block 3, as shown on the preliminary plat date starnped by the City on April 8, 2006. Storm Drainage and Flood Control: Specific drainage system plans are to be subrnitted 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 easernents. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easernent, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no) - not allowed Pressurized Irrigation: The applicant states that a pressurized irrigation system using non-potable irrigation water will be utilized for the landscape watering needs for this development. The proposed pressurized irrigation system will be connected into the pressurized irrigation system in the development to the north (Eagle Creek Subdivision). Page 3 of 20 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzf.doc 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. The site currently has mature trees in proximity to the existing residence located on the site. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: Roadway access frorn Park Lane will be provided by the developer with interior ACHD roads. The applicant is proposing to construct a roadway within the development with a thirty-six foot (36') wide roadway section (as measured from back of curb to back of curb). Rolled 3" curb and eight foot (8') wide grass landscape strips are proposed on both sides of the roadway. There will be one stub street connecting to the parcel to the north and one stub street connecting to the parcel to the south. There are three (3) landscape islands proposed to provide traffic calming on W. Cardon Street. Blocks Less Than 500': None Cul-de-sac Design: None proposed. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the roadway. There is also a five-foot (5') detached sidewalk proposed to be constructed adjacent to N. Park Lane Curbs and Gutters: Rolled 3" curb and gutters are proposed within the interior of the development Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any rnodifications made to the lights shall be completed before the final plat approval. Street Names: Street narne approval by the Ada County Street Narne Committee has not been received to date. Approval from that committee is required prior to final plat approval. L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian circulation will utilize the proposed detached sidewalks and a pathway connecting this development with the development to the north, (Eagle Creek Page 4 of 20 K:IPlanning DeptlEagle ApplicationslSUBSl20061Kathleen Estates pzf.doc Subdivision) utilizing Lot 8, Block 3. Bike Paths: Bikes will have access to the proposed pathway systern and detached sidewalks throughout the developrnent. 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. M. PUBLIC USES PROPOSED: See "Open Space, Greenbelt Areas and Landscape Screening" noted above. N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists o. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Preliminary approval letters (with conditions) from the Eagle Fire Department and the Eagle Sewer District have been received. The Eagle Sewer District states that it will be necessary for the applicant to petition to annex the subject property into the sewer district for sewage disposal and the construction plans will need to be approved by the District's consulting engineer prior to developrnent of the site. The site is located within United Water Company ofIdaho service area. United Water provided correspondence indicating that this development is serviceable by United Water. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes, see aerial and Preservation of Existing Natural Features section within this report. Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Anirnal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: Ada County Highway District (ACHD) Chevron Pipeline Eagle Fire Departrnent Eagle Sewer District Idaho Transportation Departrnent (ITD) Page 5 of20 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzf.doc Joint School District NO.2 Ringert Clark (Drainage District No.2) State of Idaho Departrnent of Environrnental Quality (DEQ) United Water Cornpany ofIdaho S. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Cornprehensive Plan Land Use Map designates this site as Residential Three Suitable prirnarily for single family residential developrnent within an urbanized setting. Chapter 1 - Overview 1.1 City of Eagle Staternent of Purpose b. To ensure that adequate public facilities and services are provided to the people at reasonable cost. Chapter 4 - Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded plays an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it rnust be involved in any plans that will effect the community. Service providers currently include: . The Eagle Sewer District provides sewer service within a designated sewer service area. . The Meridian and Boise School Districts provide K-12 education. . Private canal cornpanies and drainage districts provide irrigation water and drainage water management. 4.2.7 Other Services and Utilities Pressure Irrigation The City of Eagle currently requires the installation of pressurized irrigation systems for the irrigation oflandscaping when new development is within an irrigation district and water rights are available. Page 6 of 20 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzrdoc B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL This property is within the Park Lane Planning Area as recognized in the 2025 Western Area Plan. C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 Open Space A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient arnenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minirnum area of open space required. . ECC Section 8-2-4 Schedule Of Building Height And Lot Area Regulations: DD ~ Zoning Maximum Interior Street Maximum Minimum Lot Minimum District Height Side Side Lot Covered Area (Acres Or Lot Sq. Ft.) G And H' Width " '---- EJ135' IEJD~EJI4O% 1110,000 ID . ECC Section 8-2-4(H): All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and R-l, shall have a minirnurn lot area that is 10 percent larger than shown in this table. . ECC Section 8-2A-7 (J)(4)(a) a. Any road designated as an urban or rural collector on the Ada County long range highway and street rnap: A rninimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree rnay be substituted with two (2) fIoweringlornarnental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A rninimurn five foot (5') high, maximurn 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 maxirnurn 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 sirnilarly 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 sirnilar high maintenance and/or unsightly fencing shall not be permitted. Page 7 of 20 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Kathleen Estates pzf.doc D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-1-6 Rules and Definitions OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and accepted by the city, substantially open to the sky, exclusive of streets, buildings and other covered structures. RIGHT OF WAY: A strip ofland dedicated or reserved for use as a public way which normally includes streets, sidewalks and other public utilities or service areas. . ECC Section 9-3-1 MINIMUM STANDARDS REQUIRED: All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation departrnent or health agency shall prevail over those set forth herein. . ECC Section 9-3-3 PEDESTRIAN WALKWAYS: Right of way for pedestrian walkways in the middle oflong blocks rnay be required where necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas. The pedestrian easement shall be at least ten feet (10') wide. . ECC Section 9-3-5 (A) LOTS: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code. . ECC Section 9-3-6 EASEMENTS: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). . ECC Section 9-3-7 PLANTING STRIPS AND RESERVE STRIPS: Planting strips and reserve strips shall conform to the following standards: A. Planting StripsfBuffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view frorn residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a rninimum of twenty feet (20') wide unless a greater width is required within section 8-2a-7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall cornply with all landscape/buffer area requirernents within section 8-2A-7 of this code. . ECC Section 9-3-8 PUBLIC SITES AND OPEN SPACES: Public sites and open spaces shall conform to the following standards: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, Page 8 of 20 K:IPlanning DeptlEagle ApplicationslSUBSl20061Kathleen Estates pzf.doc watercourses, historic spots and sirnilar irreplaceable assets) shall be preserved in the design of the subdivision. D. Open Spaces: The minimurn percentage of the gross area that must be set aside for open spaces in new subdivisions shall be as follows: IZoning DistrictllR-2 IIR-3 IIR-4 IIR-5 1 IR-6-R-25 I jOpen Space 1110%1110%1110%1110%1110% I . ECC Section 9-4-1-6 (A) & (B) PEDESTRIAN/BICYCLE P A THW A Y AND SIDEWALK REGULATIONS: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placernent of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network rnaps within the comprehensive plan, pathway design as it relates to both crirne prevention and function, and the responsibilities of ownership, maintenance, and liability. B. Location: 1. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: a. Schools; . ECC Section 9-4-1-6 (D)(1) PATHWAY DESIGN: D. While the city rnay exercise considerable discretion in determining the design of pathways, the following minirnurn standards should be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for prirnary use by the residences of the subdivision shall be a rninimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easernent. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minirnum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. . ECC Section 9-4-1-8 UNDERGROUND UTILITIES Underground utilities are required. . ECC Section 9-4-1-12 LANDSCAPE BUFFER AREAS: Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. Page 9 of 20 K:IPlanning DeptlEagle ApplicationslSUBSI20061Kathleen Estates pzf.doc E. DISCUSSION: . The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Three" with a density not to exceed 3 units per acre. The Soaring 2025 (Western Area Plan) Comprehensive Plan designates this area as being located within the Park Lane Planning Area, which is a sub area of the Western Planning area. The overall density of the proposed Kathleen Estates Subdivision development is 2.76 units per acre. . The applicant proposes one access point from Park Lane for the development. Park Lane is designated as an Urban Collector on the Ada County Functional Street Classification Map. The applicant has proposed a 35-foot wide common lot adjacent to Park Lane for the construction of a buffer area. Eagle City Code Section 8-2A-7 (J)(4)(a) requires the installation of a buffer that is a minimum of35-foot wide abutting the road right-of-way. . Park Lane is shown as a Urban Collector on the Ada County Long Range Highway and Street Map - 2025 Functional Street Classification System. . The 2000 Cornprehensive Plan, Chapter 4 discusses school and public service issues. The Eagle Sewer District has indicated that this property has not been annexed into the District. The portion of this site that is not currently annexed into the Eagle Sewer District's boundaries will be required to be annexed into their boundaries prior to the City accepting a final plat application for the site. A letter of approval shall be provided to the City from the Eagle Sewer District approving the final construction plans prior to issuance of building permits for the subdivision. . The applicant has not provided any docurnentation that demonstrates that water rights (or shares) are adequate to irrigate all of the lots per Eagle City Code Section 9-4-1-9- (C) Pressurized Irrigation Facilities. The applicant is required to provide the necessary information to show that adequate rights or shares exist to prior to the City Council approval of the prelirninary plat. . The prelirninary plat date stamped by the City on April 5, 2006, shows the planter strips adjacent to the streets to be included within the road right-of-way. Per Eagle City Code Open Space is an area platted as a separate lot, or an area dedicated to and accepted by the City. A revised preliminary plat should be provided showing additional open space outside of the road right-of-way to meet the rninirnurn ten percent (10%) open space requirernent prior to subrnitting application for final plat. . The preliminary plat date stamped by the City on April 5, 2006, shows Lot 6, Block 3 to be approximately twenty (20') feet in width; therefore it would be a substandard lot in the R-3 Zone. Per Eagle City Code, the minimurn lot frontage, the portion of a lot front adjacent to a public street, for all residential districts shall be 35 feet. The applicant should be required to provide a revised preliminary plat showing Lot 6, Block 3 having a minimum lot frontage of 35-feet prior to submitting application for final plat. . The prelirninary plat date stamped by the City on April 5, 2006, shows Lot 2, Block 2 to be 9,306 square feet in size. The minimum lot size in an R-3 Zone is 10,000 square feet. The applicant should be required to provide a revised prelirninary plat showing Lot 2, Block 2, to be a rninimum of 10,000 square feet to rneet the minimum lot size Page 10 of20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzf.doc of an R-2 zone prior to submitting application for final plat. . The prelirninary plat date stamped by the City on April 5, 2006, shows overhead power located on Lots 1-3, Block 3. Per Eagle City Code all utilities are to be located underground. Provide a revised preliminary plat noting all power lines to be located underground prior to submittal of the final plat application. . The preliminary plat date stamped by the City on April 5, 2006, shows roadway cross section details showing the sidewalks to be located within the required utility and drainage easements adjacent to the street. Eagle City Code 9-3-6 requires that all utility easernents should be unobstructed. The applicant should provide a revised prelirninary plat and roadway cross section showing a rninimurn of twelve feet (12') feet in width with a rninimurn ten feet (10') of unobstructed easement adjacent to the street. The revised prelirninary plat should be provided prior to submitting a Design Review application STAFF RECOMMENDED FINDINGS: . Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Cornprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-3-DA (Residential-up to three units per acre with a development agreement) is consistent with the Residential Three designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-3-DA (Residential-up to three units per acre with a development agreement) is cornpatible with the R-3 (Residential-up to three units per acre) land use to the north and west since these areas are being developed in a sirnilar manner as this developrnent, and; d. The proposed R-3-DA (Residential-up to three units per acre with a development agreement) is compatible with the RUT (Residential-Ada County Designation) zone and land use to the south since that area could be developed with lots of similar size in the sarne rnanner at a later date; e. The proposed R-3-DA (Residential-up to three units per acre with a development agreernent) is compatible with the R-2-DA (Residential-two units per acre with a development agreement) zone and land use to the west since that area will be developed with lots of sirnilar size; f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Cornprehensive Plan; and g. As stated in the Developrnent Agreement, the applicant will remove all existing structures on the site. Therefore, no non-conforming uses are expected to be created with this rezone. . Prelirninarv Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed prelirninary plat is in accordance with the City of Eagle Code because: Page 11 of20 K:IPlanning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzf.doc a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Cornprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital irnprovernent prograrns for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and United Water Company as conditioned herein, there is adequate public financial capability to support the proposed developrnent; e. That any health, safety and environmental problerns that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone, and Prelirninary Plat with conditions as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 5, 2006, at which time testimony was taken and the public hearing was closed. The Commission rnade their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission frorn no one (not including the applicant/representative). C. Oral testirnony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT AGREEMENT: The Commission voted 5 to 0 to recommend approval of A-04-06 and RZ-04-06 for an annexation and rezone from RUT to R-3-DA with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: 2.1 The maxirnum overall density of the property shall not exceed 2.76 units per acre. 2.2 The Concept Plan (Exhibit A) 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 or be required. 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. Page 12 of20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzf.doc 2.3 The applicant shall obtain a license agreernent frorn ACHD, to allow the right-of-way between this property and the edge of pavement along N. Park Lane and the interior streets to be landscaped prior to the City of Eagle signing the final plat. 2.4 The developrnent shall comply with the Eagle City Code, as it exists in final form at the time a design review application is rnade, including compliance with all of the conditions as provided within this developrnent agreement. 2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries prior to subrnittal of the final plat. A letter of approval shall be provided to the City from the Eagle Sewer District. 2.6 A License Agreement frorn Drainage District NO.2 shall be provided for all irnprovements within the Drainage District No.2 easernent prior to the City Clerk signing the final plat. 2.7 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the City Clerk signing the Final Plat. Dernolition permits shall be obtained prior to the removal of said structures and approval permits for the rernoval of the existing well and septic. 2.8 The applicant shall provide a revised concept plan showing additional open space adiacent to the pathway lot (Lot 8. Block 3) for the purpose of providing a pocket park for the use of the residence within the subdivision. The revised concept plan shall be provided for review and consideration bv the City Council prior to City Council action on the preliminary plat. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend approval of PP-04-06 for a preliminary plat for Kathleen Estates Subdivision with the following staff recommended site specific conditions 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. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the developrnent agreernent for rezone application RZ-04-06. 2. Comply with all requirernents of the City Engineer. 3. The applicant shall subrnit payment to the City for all engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 4. Provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer area along Park Lane abutting this site for review and approval by the Design Review Board prior to the submittal of a final plat. 5. Provide a revised preliminary plat showing Lot 6, Block 3 having a minirnurn lot frontage of 35-feet prior to subrnitting application for final plat. 6. Provide a revised prelirninary plat showing Lot 2, Block 2, to be a minirnum of 10,000 square feet prior to submitting application for final plat. 7. Provide a revised prelirninary plat and roadway cross section showing a total of twelve feet (12') in width of easement and a rninirnurn often feet (10') in width of unobstructed easement adjacent to the street prior to submitting application for a final plat. Page 13 of 20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzf.doc 8. Provide a revised preliminary plat showing all utility poles providing service to the existing structures on the site to be rernoved, prior to submitting a Design review application. All utility service lines serving existing structures shall be placed underground prior to the issuance of any building permits for the site. 9. Provide a revised prelirninary plat showing additional open space provided outside of the road right- of-way to rneet the minirnum ten percent (10%) open space requirernent prior to submitting application for Design Review. 10. The applicant shall subrnit a design review application and landscape plan showing trees, landscaping, berming, proposed signage, and planting details within the required buffer area along Park Lane abutting this site and any proposed signage and fencing for review and approval by the Design Review Board prior to the subrnittal of a final plat application. II. Extend the landscaping within the required buffer area along Park Lane to within 9-feet frorn the edge of pavement. The 9-feet between the landscaping and edge of pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The gravel shoulder area shall be maintained and kept free of weeds and debris. 12. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located in the 5-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 ternporary occupancy may be issued if weather does not permit landscaping. 13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for rernoval by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 14. Construct a minirnum five foot (5') wide detached concrete sidewalk along Park Lane abutting this site. 15. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of a building permit or as specifically approved and/or required." 16. The Kathleen Estates Subdivision shall remain under the control of one Homeowners Association. 17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained by the Kathleen Estates Homeowner's Association. The applicant shall provide a copy of the CC&Rs which include a similar statement regarding the common lots for review and approval prior to submittal of the final plat. 18. The applicant shall provide CC&Rs that the Kathleen Estates Horneowner's Association shall have the duty to rnaintain the pressurized irrigation system and all common landscape areas in the subdivision are rnaintained in a cornpetent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. Page 14 of20 K:IPlanning DeptlEagle ApplicationslSUBSl2006\Kathleen Estates pzf.doc 19. Provide revised Eagle Creek CC&R's showing that the open space and pool amenities will be available for use by the Kathleen Estates home owners prior to subrnittal of the final plat application. 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 narnes, as approved by the Ada County Street Narne Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer systern construction plans shall be reviewed and approved by the City Engineer. Required irnprovernents shall include, but not be limited to, extending all utilities to the platted property. The developer rnay submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (1.C. Title 50, Chapter 13 and 1.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 (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systerns 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 systern. 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 frorn the appropriate drainage entity approving the drainage system and/or accepting said drainage; or subrnit a letter frorn 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 easernents. The approved drainage systern 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 easernent, and that no runoff shall cross any lot line onto another lot except within a drainage easernent. Page 15 of20 K:\Planning Dept\Eagle Applications\SUBS\2006\Kathleen Estates pzf.doc 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, 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 rnade in such a rnanner 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. Street light plans shall be subrnitted 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 rnaintaining 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. 13. The applicant shall provide utility easernents as required by the public utility providing service, and as rnay be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. 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 requirernents, and any other items of concern as rnay 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 Departrnent prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per rninute 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 systern shall be reviewed and approved by the Eagle Fire Departrnent prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other sirnilar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual rnaintenance 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 rnutual rnaintenance and access easernents. 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 Page 16 of20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzf.doc prior to the City Engineer signing the final plat. 16. Should the horneowner's association be responsible for the operation and rnaintenance of the storm drainage facilities, the covenants and restrictions, horneowner'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. 17. 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. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. 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". 21. 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. 22. The development shall cornply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the developrnent 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. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) frorn the Corps of Engineers and the Idaho Departrnent of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the fIood plain are prohibited. 26. 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. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require subrnittal 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 cornply 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. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public irnprovements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the Page 17 of20 K:IPlanning DeptlEagle ApplicationslSUBS\2006lKathleen Estates pzf.doc City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant rnay construct any approved improvernents before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the arnount of 150% of the total estimated cost for completing any required improvernents (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. 29. 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 tirne extension is granted by the City Council. 30. 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 Departrnent, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. 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. 32. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Adrninistrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 33. The applicant shall take care to locate and protect frorn darnage existing utilities, pipelines and similar structures. Docurnentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. 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. 35. 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 bottorn of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, Decernber 22, 2005 on site in cornpliance with the application subrnittal requirernent of Eagle City Code. The annexation, rezone and preliminary plat applications for this item were received by the City of Eagle on April 5, 2006. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirernents of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on May 22, 2006. Notice of this public hearing was rnailed 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 15,2006. Requests for agencies' reviews were transrnitted on March 3, 2006 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on April 12, 2006 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-06/RZ-04-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Cornprehensive Plan and established goals and objectives because: Page 18 of20 K:\Planning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzf.doc The requested zoning designation of R-3-DA (Residential-up to three units per acre with a development agreement) is consistent with the Residential Three designation as shown on the Cornprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the needed for this site indicate that adequate public facilities exist, or are provided, to serve all uses allowed on this property under the proposed zone; The proposed R-3-DA (Residential-up to three units per acre with a development agreernent) is compatible with the R-3 (Residential-up to three units per acre) land use to the north and west since these areas are being developed in a similar manner as this development, and; d. The proposed R-3-DA (Residential-up to three units per acre with a development agreement) is compatible with the RUT (Residential-Ada County Designation) zone and land use to the south since that area could be developed with lots of similar size in the same rnanner at a later date; The proposed R-3-DA (Residential-up to three units per acre with a development agreement) is compatible with the R-2-DA (Residential-two units per acre with a developrnent agreernent) zone and land use to the west since that area will be developed with lots of similar size; The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and g. As stated in the Development Agreement, the applicant will rernove all existing structures on the site. Therefore, no non-conforming uses are expected to be created with this rezone. a. public facilities expected to be c. e. f. 4. The Commission reviewed the particular facts and circurnstances of this proposed preliminary plat (PP-04-06) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Cornprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Cornprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the docurnentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and United Water Company as conditioned herein, there is adequate public financial capability to support the proposed developrnent; e. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. Page 19 of20 K:IPlanning DeptlEagle ApplicationslSUBSl20061Kathleen Estates pzf.doc DATED this 19th day of June 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~_c::? as n Pierce, Chairman ATTEST: lQ~~ ~~G-e~ Sharon k Bergmann, Eagle City Cle "..... U.., ~, .... ~'{ OF" '" C\ ....... ~'1 "" .... ,-.. 0 ~ . ,\,.1'1 If( e. '('" ~ :'J .. .. t'!\ 'S . "" . : ~. : -...... : f/'l ~ ) I ,\ I : It ~ e.'., '4 ct'\........ iJ. .., ')........, I \1 ~..o ~##.'.,6 ....... ~ ##### Up ID~ ,',',...... Page 20 of20 K:\Planning DeptlEagle ApplicationsISUBS\2006\Kathleen Estates pzrdoc g. The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Cornprehensive Plan, however, the applicant has received approval of a LOMR (Letter of Map Revision) through FEMA (Federal Ernergency Management Administration) and Ada County which rernoves the site frorn the floodplain; and h. No non-conforming uses are expected to be created with this rezone. DATED this 19th day of June 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~ ,~ ~--- -- so Pierce~irman ATTEST: il~'{~~m~ .....Sharon . Bergmann, Eagle City lerk ,,,,,....., ' . ~ """" !It"" '\~' ., [;' '''''#: ,:t (,,'.. . ...;-if) ~#. (~ /0 I< I' () R ~...:({t.\\ .... .. c "'.)-. \ : ~, : : --... . : .~Sr:, ..... .'1- cAt ....: If>~ .00 ., ~,. ; .,...~ - ~ \.,~~ .... <S' OF Ill"~ ..... Page 20 of 20 K:IPlanning DeptlEagle ApplicationslRZ&A \2006\A-O 1-06 & RZ-O 1-06 pzf.doc