Findings - PZ - 2006 - A-06-06.RZ-06-06 & PP-06-06 - A/Rz From Rut To Mu-Da/Gray Eagle Subd/45-Lot/13.88 Acre/3377 & 3395 W. Ff Road
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR ANNEXATION AND REZONE )
FROM RUT (RURAL URBAN TRANSITION) )
TO MU-DA (MIXED USE WITH DEVELOPMENT )
AGREEMENT) (RESIDENTIAL ONLY) AND )
PRELIMINARY PLAT FOR GRAY EAGLE )
SUBDIVISION FOR JOHN WOOD AND )
TOM RICKS )
OR/G/N1h
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-06-06/RZ-06-06 & PP-06-06
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eag]e Planning
and Zoning Commission for their recommendation on Ju]y 5, 2006, at which time public testimony was
taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and
taken ora] 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:
John Wood and Tom Ricks are requesting annexation and rezone from RUT (Rura] Urban
Transition) to MU-DA-Residential Only (Mixed Use Residentia] with a development
agreement), and preliminary plat approval for Gray Eag]e Subdivision, a 45 lot (4]
residential, 4 common) residential subdivision. The ]3.88-acre site is located on the south
side of West F]oating Feather Road approximately 1,/4-mi]e east of Park Lane at 3377 and
3395 West F]oating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, March 23, 2006, on site in compliance
with the application submittal requirement of Eag]e City Code. The annexation, rezone,
and preliminary plat applications for this item were received by the City of Eag]e 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 Eag]e City ordinances on June 19, 2006. 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 Tit]e 67, Chapter 65, Idaho Code and Eag]e City
Code on June ]6, 2006. Requests for agencies' reviews were transmitted on March 3,
2006, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eag]e City Code on June 20, 2006. Requests for agencies' reviews
were transmitted on Apri] 10, 2006, for the annexation, rezone, and the preliminary plat
applications in accordance with the requirements of the Eag]e City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF mSTIFICATlON OF A DEVELOPMENT AGREEMENT (if
applicable):
The City is requesting a development agreement to ensure the development of the property
is consistent with the Comprehensive 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 Transitional RUT (Rural Urban Transition- Single family dwellings &
Residential (3 units per Ada County Designation) pasture
acre maximum)-Park
Lane Planning Area
Proposed No Change MU-DA-ResidentialOnly Single family residential
(Mixed Use-Residential Only development
three units per acre with a
development agreement)
North of site Residential Two (2 R-E (Residential Estates - One Single family residential
units per acre unit per two acres) subdivision (Cavallo
maximum) Subdivision)
South of site Transitional RUT (Rural Urban Transition- Farmland
Residential (3 units per Ada County Designation)
acre maximum)-Park
Lane Planning Area
East of site Transitional RUT (Rural Urban Transition- Farmland
Residential (3 units per Ada County Designation)
acre maximum)-Park
Lane Planning Area
West of site Residential One RUT (Rural Urban Transition- Future West Valley
Ada County Designation) Baptist Church and a
single family home
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA
I. SITE DATA:
Total Acreage of Site - 13.88 Acres
Total Number of Lots - 45
Residential ~ 41
Common - 4
Total Number of Units - 41
New Single-family - 40
Existing - I
Total Acreage of Any Out-Parcels - 0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.95 units per acre 3 units per acre (maximum)
Minimum Lot Size 8,010 sq. ft. 8,000 sq. ft.
Minimum Lot Width 70 ft. (approximately) 70 ft.
Minimum Street Frontage 35 ft. 35-ft.
Total Acreage of Common Lots 1.48-acres (64,558 sq. ft.) 1.388 -acres minimum
Percent of Site as Common Area 10.66% 10%
*Note: while this proposed subdivision incorporates the a minimum of 10% open space, it will be
conditioned to have access to the open space amenities (including pathways and a pool and
clubhouse) within the future project to the south called Spur Ranch, as agreed to by the applicants.
A separate Memorandum of Agreement (MOA) will be executed between the City and the
applicants assuring the allowance for this development to utilize said amenities within Spur Ranch.
The MOA will also include a requirement for the Spur Ranch development to include the above
referenced amenities.
1. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4)(a), the applicant proposes to
construct a thirty-five foot (35') wide buffer within a common lot along Floating Feather
Road. All berming, fencing and landscaping details, including any proposed pump houses
for pressurized irrigation, require Design Review Board review and approval prior to
submittal of a final plat.
Open Space and Design:
As required by Eagle City Code Section 9-3-8(D), the applicant is required to provide a
minimum 10% of open space within the development. The proposed development will
provide a total of 1.48 acres (10.66%) of open space within four (4) common lots. The
majority (.87 acres) of the open space, located along the southern property line, contains a
playground and walking paths connecting the property to the adjacent future Baptist
Church and the future adjacent subdivision. The remaining open space is provided within
the landscape buffer along Floating Feather Road and within a 2,696 square foot common
lot located between residential lots 22 and 24. In addition to these areas, the applicant is
also proposing an 840 square foot landscape island, including guest parking, within the cul-
de-sac of Grass Valley Court.
Also - see additional open space information provided as a footnote (*Note...) under
Section I above.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
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Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than twelve feet
(12") wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
On-site Septic System (yes or no) - no, the applicant is proposing to extend an 18" gravity sewer
main east from the development adjacent to Floating Feather Road to Park Lane and
Floating Feather Road where the sewer mainline is located.
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. A majority of the existing trees located around the two existing
homes on the property, the drainage ditch, and along Floating Feather Road will be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. 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:
The subdivision will be provided access to West Floating Feather Road through a
temporary access located on Lot 6, Block I. North Sierra Meadows Drive is proposed as a
stub street to the eastern boundary approximately 170' south of West Floating Feather
Road. North Sierra Meadows Drive will provide the main access to the subdivision and
the temporary access located on Lot 6, Block I, will be eliminated upon completion of a
collector road upon the development of the property east of this site. The interior lots are
served by four (4) streets which form a loop through the subdivision. Grass Valley Court
is proposed as a cul-de-sac approximately 100' in length and serves six (6) lots.
Cul-de-sac Design:
Cul-de-sacs proposed: one (I) bulb court with a 48-foot radius, 100-feet in length.
Curbs, Gutters, and Sidewalks:
Floating Feather Road abutting this parcel is currently not improved with any curb, gutter,
or sidewalk. A five foot (5') wide detached concrete sidewalk is required along Floating
Feather Road within the thirty five-foot (35') wide common lot. The applicant will install
rolled curbs and gutters to accommodate storm water runoff along the internal streets,
which meet Ada County Highway District standards (see 'Public Streets' section above).
Five foot (5') wide sidewalks, separated from the street by a six foot (6') wide landscape
area, are proposed on both sides of the internal streets within the subdivision.
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
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Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee is required prior to the
submittal of the Final Plat. Any modifications of street names shall be completed before
final plat approval.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The applicant proposes pedestrian pathways within the .87-acre common lot located along
the south property line adjacent to the Drainage District No.2 drainage ditch.
Connections are proposed to the future Baptist Church to the west and south across the
drainage ditch to the future multi-use path and subdivision. Between residential Lots 22
and 24, Block 1, another pathway within a common lot is proposed to connect to the
adjacent future subdivision. A pathway will also be provided from the buffer area adjacent
to Floating Feather Road into the development on an approximately 200' foot long,
twenty-six foot (26') wide portion of Lot I, Block I, allowing residents easy access to
Floating Feather Road. These pathways are proposed to provide interconnectivity among
this site, the Baptist Church, Eagle High School, and the future development of the
property to the east (identified by the applicants as Spur Ranch).
Bike Paths:
Eagle City Code section 9-4- I -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. The applicant has not provided any bicycle designated pathways
through the development, although, being a small loop street subdivision with one access
to the adjacent property, cyclists could safely use the street or the detached sidewalks.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" 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, 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 development of the site. Joint School District No.2 provided
correspondence indicating the school district is currently overcrowded and residents
cannot be assured of attending neighborhood schools. The site is located within United
Water Company ofIdaho service area and United Water provided correspondence
indicating that this development is serviceable by United Water. Sewer, water, and
irrigation will be provided from Floating Feather Road through an easement located on a
twenty-six foot (26') wide portion of a common lot (Lot I, Block 1).
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P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - unknown
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see Preservation of Existing Natural Features section above
Riparian Vegetation - yes, along the drainage ditch on the south property line
Steep Slopes - yes, along the drainage ditch on the south property line
Stream/Creek - yes, Drainage District No.2
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - no
Wildlife Habitat - yes, as noted in the Preliminary Plat application submitted by the applicant
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required.
R. 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:
City Engineer: All comments within the Engineer's letters dated May 4, 2006, are of special
concern (see attached).
Central District Health District
Chevron Pipeline
Department of Environmental Quality
Eagle Fire District
Eagle Sewer District
Idaho Transportation Department
Joint School District No. 2 - warning the schools throughout the district are operating over
capacity
Ringert Clark-Drainage District No.2
United Water ofIdaho
S. LETTERS FROM THE PUBLIC: None received to date.
T. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicants are proposing to construct the development in one phase.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. The Comprehensive Plan Land Use Map designates this site as Transitional Residential
Residential Transition
Residential Development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sixes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning text for a
completion description.
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Chapter 4 - Schools, Public Services And Utilities
4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation of landscaping when new development is within an irrigation district and
water rights are available.
4.3 Goal
To meet the expected demands of the City and its Impact area:
a. Encourage the provision of public utilities, services, and schools.
4.5 Implementation Strategies
c. The City and school district(s) should coordinate school site selection to
ensure the availability of public services.
J. The City and Eagle Sewer District should continue to work together to
coordinate urban development based upon the Land Use component of the
Comprehensive Plan and the Eagle Sewer District's master plan.
Chapter 6 - Land Use
6.5 Goal
To preserve the rural transitional identity.
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
c. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes,
affordable and subsidized housing and large acreage developments.
k. Protect gravity flow irrigation systems including canals, laterals, and ditches to
assure continued delivery of irrigation water to all land serviced by such water
systems, to protect irrigation systems as long as a long range economical
method for delivery and to coordinate surface water drainage to be compatible
with irrigation systems.
I. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development.
The Idaho Right To Farm Act should be promoted.
p. Support City of Eagle flood and storm drainage regulations to achieve
protection of property rights, environmental protection and flood damage
reduction for community residents.
Chapter 8 - Transportation
8.3.0 City of Eagle Functional Pathway Classifications
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8.3.1 Paths
Function:
To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location:
Paths could be located on corridors separate from roadways such as utility easements,
irrigation canals, or adjacent to rivers or creeks. Paths could also be located along
roadway right-of-ways and would usually be separated from vehicle travel lanes and the
paved section of the roadway by a median or sidewalk.
8.3.2 Bike Lanes
Function:
Primarily used as a lane for bicycles and other non-motorized uses.
Location:
Bike Lanes usually exist on the same pavement surface as motorized lanes. Arterials and
collectors should be provided with bike lanes on each side of the roadway.
8.4 Goal
Plan a transportation system to serve the planned land use of the City of Eagle and its Area
of Impact.
8.5 Objective
Encourage alternative transportation forms such as walking and biking.
8.6 Implementation Strategies
a. Work in conjunction with the Ada County Highway District (ACHD), Idaho
Transportation Department (ITD), and Ada Planning Association (APA) to
classify roadways on the City of Eagle Transportation/Pathway Network Maps
#1 and #2 incorporated into this Comprehensive Plan by reference. The Maps
are to assure conformity to designations as delineated on the Land Use Map.
The maps shall be provided to the Ada Planning Association for input into the
Ada Planning Association's Functional Street Classification Map and
Regional Transportation Plan.
b. Integrate all modes of travel to support air quality improvement measures.
c. Encourage roadway design standards that are consistent with the Idaho
Transportation department (ITD), Ada County Highway District (ACHD),
Ada Planning Association, and other agencies that may be responsible for
roadway planning and design.
e. Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle Transportation/Pathway
Network Maps #1 and #2, adopted local and regional pathway plans, as may
be needed for intra-neighborhood connectivity and to ensure that bike and
pedestrian traffic is not unnecessarily pushed out onto arterials and collectors.
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1. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways
and to encourage installation ofberrns and landscaping for all developments
to enhance safety and to enrich the roadway and community appearance.
B. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated on
the Land Use Map as Residential Rural (one dwelling unit per five acres maximum)
and Residential Estates (one dwelling unit per two acres maximum). Such designs
should include the following:
I. Vertical Curbs should not be permitted, except where may be required by
ACHD. Where curbs are needed, flat or rolled curbs should be encouraged.
2. Sidewalks and/or pathways should meander and be separated from any
roadway edge or curb to allow for added pedestrian safety. Topography,
trees, ditches and/or similar features may limit the distance between
sidewalks and/or pathways and the roadway edge. Easements may be needed
if portions of the sidewalk and/or pathway is to be located outside of the
right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only at
driveways and/or street intersections that are expected to generate a
minimum of 1000 vehicle trips per day, or where determined to be necessary
for safety by ACHD. Any portion of a center turn lane which is not used for
such a driveway or intersection should be landscaped. Such landscaped
medians would need to be maintained by the City and would require a
license agreement with the highway district having jurisdiction.
4. The roadways should be constructed to provide a bike lane on both sides of
the roadway.
Chapter 9 - Parks, Recreation And Open Spaces
9.5 Pathways And Greenbelts
Pathways are nonmotorized multi-use paths that are separated features from bicycle and
pedestrian lanes constructed as a part of a roadway.
9.5.2 Objectives
a. To create a pathway system that reflects desire to have a pedestrian and
bicycle friendly community.
b. To provide a network of central and neighborhood paths where residents are
able to safely access and utilize pathways for alternative forms of
transportation.
e. All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
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9.6 Open Space
Open space is land which is not used for buildings or structures and offers opportunities
for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism,
leisure activities, viewpoints, and wildlife habitat.
9.6.1 Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways,
drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and
viewpoints for public use and enjoyment.
9.6.2 Objectives
a. To establish open space to protect the finite resource base of Eagle's natural
environment - air, ground water, surface water, soil, forested areas, plant and
wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and
wetlands.
b. To provide an open space setting for active and passive recreation for all age
groups throughout the community.
c. To protect against hazards that are inherent to flood plains, flood ways, steep
slopes, and areas of geological instability.
e. To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
9.6.3 Implementation Strategies
a. Require developers to utilize open space for above-ground, on-site storm
water management (i.e., grassy swales, constructed wetlands, and water
features.
Chapter I I - Special Areas And Sites
I 1.2 Recognized Special Areas and Sites
Drainages and Canals
Special natural and manmade features of Eagle are the drainages and canals. The main
purpose of the canals and drainage ditches is that of distributing and moving water.
11.3 Goal
To promote the conservation and efficient management of all Special Areas and Sites.
1 1.4 Implementation and Strategies
a. Protect and improve natural and man-made waterways.
g. Preserve existing trees and establish appropriate landscaping as a part of new
developments.
h. Encourage the preservation of habitat areas which provide for fish and
wildlife.
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Chapter 12 - Community Design
12.4 Implementation Strategies
g. New residential, commercial, and industrial development shall be required to
meet minimum design standards as specified by City Ordinances.
1. Buffer and transition zones should be developed between conflicting types of
land use.
k. Encourage the preservation of natural resources such as creeks, drainages,
steep slopes, and ridge lines as visual amenities.
I. Encourage the development of pathways and open-space corridors throughout
the City.
o. Encourage the planting and preservation of trees that will create beauty and
add to the healthy environment of downtown (see Eagle Tree Plan below).
q. Maintain the rural residential character and open space environment in and
around the City.
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
Chapter 13 - Implementation
13.0 Implementation
Implementation is the phase of the planning process which makes the goals, objectives,
and policies, as stated in the Comprehensive Plan become realities.
There are several important planning tools which help implement this Comprehensive
Plan.
13.3 Special Implementation Techniques For Development within the Citv Limits
Clustering is useful when trying to protect sensitive natural resources, and avoid
hazardous areas or preserve natural sites. Clustering involves assessing the natural
characteristics of a site and grouping the buildings or lots through the on-site transfer of
density rather than distributing them evenly throughout the project as in a conventional
subdivision. Not only do cluster developments help preserve open space, they also tend to
minimize the visual impacts associated with development, reduce costs of building and
maintaining public roads, and decrease grading in environmentally sensitive areas.
Development Agreements allow the City to enter into a contract with a developer upon
rezoning. The Development Agreement may provide the City and the developer with
certain assurances regarding the proposed development upon rezoning.
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B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL
Chapter 2 - Community Design
2.3 Goals
Identify "Activity Centers": Identify areas that due to the nature of existing
uses, future uses and/or transportation corridors will lend themselves to increased
activity and non-residential use so to preserve larger areas as primarily residential
neighborhoods.
2.5 Implementation Strategies
d. Create a City composed of neighborhoods in which basic amenities
(schools, utilities, parks, and services) are accessible, visually pleasing,
and properly integrated to encourage walking and cycling.
f. Encourage the preservation and public access to open space through
developments and as a rural design element of urbanizing areas.
r. All non-transmission utility distribution within the City of Eagle should be
underground.
s. All urban development shall occur under the jurisdictional authority of the
City and be connected to municipal services.
Chapter 4 - Public Facilities And Services
4.7 Irrigation Water
The City of Eagle sets in an irrigated river valley partitioned by several major
irrigation systems operated by irrigation districts or companies. These entities
and the water resource they manage are an integral element in the development of
greenscape that typifies the Boise River Valley. This resource and distribution
network also provides significant recharge to the shallow ground water zone upon
which many wells and water amenities depend.
4.7.1 Goals
Protect the existing irrigation system and increase use or reuse of the surface
water resource for park, residential and commercial landscape irrigation and water
amenities.
Maintain irrigation standards that promote the conservation and reuse of surface
water.
4.7.2 Objective
Ensure that new development incorporates existing irrigation water for landscape
irrigation and water amenities when water rights are available on-site or by means
of appropriation or transfer.
Maintain surface water rights within general areas of use to ensure adequate
supply for the enjoyment of amenities such as city parks and greenbelts.
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4.7.3 Implementation Strategies
a. Encourage policies such as the lining of ponds to maximize the use of
water resources.
b. Develop an irrigation water policy and standards for construction for
guidance in the preparation of pressurized irrigation plans.
c. Pursue the acquisition and development of surface water rights for use in
parks and greenbelts.
d. Communicate with irrigation districts and companies to provide adequate
protection of canals to ensure future access and operation of canal system
for domestic irrigation.
e. Establish water rates for potable water used for irrigation that encourage
use of surface water as the first alternative for development.
f. Set up a program with land owners for a "first right of refusal" to acquire
unused water shares to keep and utilize those shares in the City.
4.8 Storm Drainage/Flood Control
Storm Drainage
With the continued construction of impermeable surfaces such as rooftops,
asphalt streets, and concrete drives, storm water run-off has become a matter
requiring increased control and management. Receiving streams abundant with
fish and other aquatic life must be protected from the pollutants that may become
concentrated in storm water. The City of Eagle has made significant progress in
setting standards for storm water discharge by developing standards for surface
and subsurface discharge that are protective ofreceiving waters and assure longterm
reliance of subsurface treatment facilities.
Chapter 5 Transportation
5.1 Goals
Maintain the function and connectivity of the street system for current users,
emergency response efforts, and for use by future generations.
Using sound land use and transportation relationships, develop alternate routes or
corridors for ACHD planners to evaluate that best emphasize the needs of
developing areas while lessening the potential for congestion.
5.2 Objectives
Encourage completion of the existing street system and creation of new links,
within reasonable constraints, as the transportation system develops.
Promote land use policies that limit access as necessary to maintain safe and
efficient operation of the existing street system while allowing reasonable access
to individual development parcels.
Maintain safe and comfortable neighborhoods by minimizing speeding and cutthrough
traffic.
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5.3 Implementation Strategies
d. When review land use amendments, zone changes, master plans,
conditional uses and other significant entitlement requests, take into
consideration the impact of the project on street levels of service. The
City's preferred standards shall be those identified for new streets in
ACHD's Development Policy manual, or its successor. Service level
impacts shall be minimized through project modifications, traffic
management plans, street improvement plans or other means.
1. New developments shall be required to stub access to adjacent
underdeveloped parcels, where appropriate.
J. All new developments shall be reviewed for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
m. A collector street system shall be pursued within each square mile of
development adequate to serve the density of development. Suggestions
shall be forwarded to ACHD for planning and adoption in the TIP.
o. Discourage direct lot access to parcels abutting collector streets.
Chapter 6 - Land Use
6.4A General Strategies
a. Maintain a Vision Map that depicts opportunities for creating and
enhancing activity centers and linkages between planning areas and
the existing City.
b. Maintain a Future Land Use Map that encourages higher densities
around activity centers and transit routes but also provides for large
residential areas that continue to promote the rural character of the
City of Eagle.
c. Use smaller planning areas to help guide development in the western
planning area.
e. Special design treatments shall be required to provide compatibility of
new development with existing development such as building
orientation, increased setbacks, height limitations, size restrictions
design requirements, fencing, landscaping or other methods as
determined through the development review process.
6.4C Park Lane Planning Area
The Park Lane Planning Area is designated as mixed use combining community
commercial, professional office, and a variety of residential densities. The vision for the
area is to recognize the activity center created by Eagle High School and existing
development approved by Ada County and to provide compatible land uses at densities
that accommodate pedestrian scale design and future mass transit.
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6.4C.l Uses
The land use and development policies specific to the Park Lane Planning
Area include the following:
Flint Drive shall be preserved primarily as a residential street while properties abutting
State Street should include a mix of residential uses, limited retail and office uses that
promote trip capturing.
The land use for the properties north of Flint Estates and extending to Floating Feather
Road is Transitional Residential to ensure compatible residential lot sizing adjacent to
Colony subdivision. Extending from east to west, ensuring compatibility with the 1 acre
lots in Colony Subdivision,
densities in this area will increase to maximum of 3units per acre near Eagle High School.
6.4C.2 Design
Flint Estates Area:
The Flint Estates area adjacent to State Highway 44 should be designed to provide limited
retail uses that encourage pedestrian circulation from the residential and high school areas,
and to compliment the existing mixed use areas at State Highway 44 and Park Lane
(Camille Beckman).
Street trees, benches and sidewalks are encouraged within the Flint Estates Area as well as
within the greater Park Lane Planning Area.
Transitional residential densities and design elements (berms, fences, etc.) should be used
to provide buffering to residential areas to the east and north of the mixed use area.
6.4C.3 Access
Linkage roads through the area east of Eagle High School should provide connectivity to
Floating Feather Road to the north, Park Lane to the west, and Breanna Drive to the east.
D. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code 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 amenity to any proposed development. Wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a
part of the minimum area of open space required.
. Eagle City Code Section 8-2-1 Districts Established, Purposes and Restrictions:
MU Mixed Use District:
To provide for a variety and mixture of uses such as limited office, limited commercial,
and residential. This district is intended to ensure compatibility of new development with
existing and future development. It is also intended to ensure assemblage of properties in a
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unified plan with coordinated and harmonious development which shall promote
outstanding design without unsightly and unsafe strip commercial development. Uses
should complement the uses allowed within the CBD zoning district. All development
requiring a conditional use permit in the MU zoning district, as shown in section 8-2-
3 of this chapter, shall occur under the PUD and/or development agreement process
in accordance with chapter 6 or 10 of this title unless the proposed development does not
meet the area requirements as set forth in section 8-6-5- I of this title. In that case a
cooperative development, in conjunction with adjacent parcels (to meet the minimum area
requirements), shall be encouraged. Otherwise a conditional use permit shall be required
unless the proposed use is shown as a permitted use in the MU zoning district within
section 8-2-3 of this chapter. Residential densities shall not exceed twenty (20) dwelling
units per gross acre. When a property is being proposed for rezone to the MU zoning
district a development agreement may be utilized in lieu of the PUD and/or conditional
use process if approved by the city council provided the development agreement includes
conditions of development that are required during the PUD and conditional use process.
. Eagle City Code Section 8-2-3 Schedule of District Regulations:
Single-family dwellings within a Mixed Use zone require a Conditional Use Permit.
. Eagle City Code Section 8-2-4 Schedule of Height and Lot Area Regulations:
Zoning Maximum IFrontllRearllnterior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) Lot
G And H* Width 1*
IMU 1135' 1~~17.5' 1120' 1150% 117,000 1150' I
. Eagle City Code Section 8-2-4(B):
Additional 5 feet per story setback for multi-story structures. Height not to exceed 3
stories except by conditional use permit.
. Eagle City Code Section 8-2A-7 (J)(I) Buffer Area/Common Lots:
I. Definition: A transition zone or buffer area consists of horizontal space (land) and
vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is
to physically separate and visually screen adjacent land uses which are not fully
compatible due to differing facilities, activities, or different intensities of use, such as
townhouses and a convenience store, or a high volume roadway and residential
dwellings.
. Eagle City Code Section 8-2A-7 (J)(4)(b) Major Roadways:
b. Any road designated as a minor arterial on the Ada County long range highway and
street map:
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.
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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 (I ') 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.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-1-3 Purpose:
The purpose of these regulations is to promote the public health, safety and general
welfare, and to provide for:
B. The coordination of streets and roads within a subdivision with other existing or
planned streets and roads;
C. Adequate open space for travel, light, air and recreation;
D. Adequate transportation, water drainage and sanitary facilities;
. Eagle City Code Section 9-3-2-1 Street And Alleys Locations:
Street and road location shall conform to the following standards:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in
new subdivisions shall be such that said streets extend to the boundary line of the tract
to make provisions for the future extension of said streets into adjacent areas, and
shall have a cul-de-sac or temporary cul-de-sac. A reserve street may be required and
held in public ownership.
. Eagle City Code Section 9-3-2-2 (A) Street Widths:
A. Street and road right of way widths, grade, alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
. Eagle City Code Section 9-3-6 (A & C) 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').
C. All natural drainage courses shall be left undisturbed or be improved in a manner
which will improve the hydraulics and ease of maintenance of the channel.
. Eagle City Code Section 9-3-8 (B) Natural Features:
Existing natural features which add value to residential development and enhance the
attractiveness of the community (such as trees, watercourses, historic spots and similar
irreplaceable assets) shall be preserved in the design of the subdivision.
. Eagle city Code Section 9-4-1-2 Streets and Alleys:
All streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County highway district.
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. Eagle City Code Section 9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of
this title, or hislher representative, hereinafter referred to as "administrator"). After
installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights.
. Eagle City Code Section 9-4-1-6 (B)(1)(a,d, g & h) Location:
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;
d. Neighborhoods;
g. Transportation or other community facilities, and vacant parcels, held either publicly or
privately which could provide future neighborhood connection(s) to the above noted
sites; and
h. In similar cases where deemed appropriate.
. Eagle City Code Section 9-4- I -6 (C) Existing Neighborhoods:
The placement of a path will be based upon consideration of current residents of a
neighborhood as well as future residents. Based upon the following, the city may choose
to provide a pathway in existing neighborhoods when:
2. The pathway would provide access to a nearby school or park.
4. No alternative pathway is provided.
5. Connects to adjacent subdivision pathways.
. Eagle City Code Section 9-4-1-6 (D) Pathway Design:
While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
I. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the
residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a twenty
foot (20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped arealbuilding and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to
the easement line) when used in conjunction with a meandering pathway, however, the
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total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one
side of the path and 8 feet on the other). For safety purposes, planting material in this
area is limited to three feet (3') in height. The landscape, fence and building regulations
for this area shall be indicated by a note on the plat.
4. The official design standards for pathways set forth in the following manuals are to be
used as guides: the "Bicycle Pedestrian Design Manual" for Ada County, the "Design
Guide for Accessible Outdoor Recreation", and the "Guide for the Development of
Bicycle Facilities", or other nationally recognized design standards.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding
one-half inch (1/2") at ninety degrees (900) from the interior of the panel, spaced six
inches (6") apart. A minimum of nine (9) antilift tabs, three (3) each between the
vertical ribs, shall be integrated into each panel, measuring a minimum of 0.085 inch
thickness and protruding three-eighths inch (3/8") from the panel wall. An integrated
joining system shall be employed for instant assembly by sliding one panel into the
other. An alternative type barrier system of equal root penetrative resistance may be
considered on a case by case basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention the following design standards will be followed:
a. The use of "see through" fencing is preferred, as it provides better visibility
from adjacent homes or buildings. If solid fencing is used it may not exceed
four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and maintained by the city of Eagle once the path is turned over
to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
. Eagle City Code Section 9-4-1-6 (E) Responsibility:
Responsibility: The following provisions are intended to provide guidance to those entities
that are responsible for construction, maintenance and/or liability for a pathway.
Installation costs, which may include construction of the paved path, are the responsibility
of the developer.
I. Homeowners' Association:
a. Pathway systems within a proposed subdivision providing access to private
common space and/or other amenities that are used solely by the residents of a
subdivision shall be the responsibility of the homeowners' association.
b. Where the residents of a subdivision will be the primary beneficiaries of a
pathway, and, travel from adjoining neighborhoods will be minimal, a
homeowners' association may be required to take responsibility for that path.
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. Eagle City Code Section 9-4-1-7 Bicycle Pathways:
A bicycle pathway shall be provided within all subdivisions as part of the public right of
way or separate easement, as may be specified by the city council.
. Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
. Eagle City Code Section 9-4-1-9 Pressurized Irrigation Facilities:
I. For any new subdivision and/or PUD, to be provided with a public water system and
containing more than four (4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the city council.
. Eagle City Code Section 9-4-1-10 Storm Drainage, Flood Controls:
A. Adequate Storm Drainage System: An adequate storm drainage system to
accommodate storm water runoff from the public rights of way shall be required in all
subdivisions. The requirements for each particular subdivision shall be established by
the Ada County highway district and/or the Idaho transportation department, and
construction shall follow the specifications and procedures established by said Ada
County highway district or Idaho transportation department.
D. Natural Drainageway Treatment: Natural drainageways shall be riprapped or
otherwise stabilized below drainage and culvert discharge points for a distance
sufficient to convey the discharge without channel erosion.
E. Runoff From Impervious Cover: Runoff from areas of concentrated impervious cover
(for example, roofs, driveways and roads) shall be collected and transported to a
natural drainage way with sufficient capacity to accept the discharge without undue
erOSlOn.
H. Storm Drainage Retention Facilities: On site retention or partial on site retention of
storm drainage from new developments is required in any case where, due to
development activity, such drainage would be increased either in peak flow rate or in
total quantity from that previously discharged from the land or property being
developed. Complete retention is required in all cases except those where: 1) runoff
flows directly, without crossing intervening property, into an existing drain ditch or
other drainage facility that is operated and maintained by a drainage receiver, and 2)
such drainage receiver agrees, as evidenced by valid and binding public document, to
receive a certain definite quantity of storm drainage from the development. Retention
on site of any drainage not so accepted by a drainage receiver or of any drainage in
excess of the quantity accepted by a drainage receiver is a duty of the current property
owner at any time.
Retention or partial retention facilities shall be provided as an essential part of such
development. Design and construction of such retention facilities shall conform to
standards, entitled "Design Standards For Storm Drainage Retention Facilities",
adopted by resolution of the city council, and which standards may, from time to time,
be amended by subsequent resolution of the council. All facilities shall be maintained
on an on going basis in order to perform as designed. Should any of the provisions of
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the supplemental standards conflict with the standards set forth herein, the higher
standard shall apply. (Ord. 468, 4-11-2004)
I. Sediment Catchment Ponds: Sediment catchment ponds shall be constructed and
maintained downstream from each development, unless sediment retention facilities
are otherwise provided. Any facility used shall provide for the removal of surface
debris and contaminants, as well as sediment retention.
J. Completion And Operation Deadline: The overall drainage system shall be completed
and made operational at the earliest possible time during construction.
K. Alterations Of Major Drainageways: Alterations of major drainageways shall be
prohibited except for approved road crossings and drainage structures.
L. Natural Or Improved Open Channel Drainageways: Natural or improved open channel
drainageways shall be preserved or provided for in major waterways; except, that at
road crossings, conduits may be permitted. Minor waterways shall be permitted to be
enclosed in conduits.
. Eagle City Code Section 9-4- I - I 2 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.
E. DISCUSSION:
. The Eagle Comprehensive Plan Land Use Map designates the property as "Transitional
Residential" 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 Gray Eagle Subdivision development is 2.95 units per acre.
. While this proposed subdivision incorporates a minimum of 10% open space, staff is
recommending (and the applicant(s) agree) that the development will be conditioned to
have access to the open space amenities (including pathways and a pool and clubhouse)
within the future project to the south called Spur Ranch. Staff recommends (and the
applicant(s) agree) that a separate Memorandum of Agreement (MOA) should be executed
between the City and the applicants assuring the allowance for this development to utilize
said amenities within Spur Ranch. The MOA should also include a requirement for the
Spur Ranch development to include the above referenced amenities. One of the applicants
(of this development) own the property to the south and desire the conditioning of this
development's open space as indicated herein.
The reason for this unique proposal is based upon the fact that the applicant(s) own most
of the property to the east and south of this site, which is adjacent to the Eagle High
School (noted as the Park Lane Planning area within the Comprehensive Plan). The
applicant(s) desire to master plan this area by creating a master set of CCR's (Spur Ranch)
which will regulate the maintenance and operation of the combined open space of Grey
Eagle, Spur Ranch, and the previously approved subdivision called "Belle Meade". The
applicant(s) master plan for this area also includes a north/south collector roadway that
will connect Floating Feather Road to State Highway 44.
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It is the customary practice of the City of Eagle to require a single development agreement
to regulate the master planning of properties as described herein. Due to the differing
types of ownership involved with the properties in this area, combined with the differing
development schedules of each of the owners, the applicant(s) have requested the City's
consideration of a special Memorandum of Agreement (MOA) as a tool that will assure
the properties will develop in the manner indicated here. It is understood that future
development reviews (rezone with development agreements and preliminary/final plats)
will provide the City additional oversight and discretion with regard to the ultimate
development of the area.
Staff will elaborate on this proposal and will provide additional information to the
Planning and Zoning Commission and City Council during the public hearing.
. There are three (3) existing residences and accessory buildings located on this site (the site
consists of three (3) parcels totaling 13.8S-acres). One of the existing residences (and
associated accessory building) is proposed to remain on the property in the northwest
corner of the subdivision (Lot 9, Block 1) as shown on the preliminary plat, date stamped
by the City on May 4, 2006. With the development of this site, the applicant proposes a
forty-five (45) lot residential subdivision (40 buildable lots, I-existing residence, and 4
common lots). The structures which are shown on the preliminary plat to be removed
should be conditioned to be removed prior to the City Clerk signing the final plat. A
demolition permit should be required prior to the removal of the structures. Applicable
agency approvals for the removal of the existing wells and septic tanks should be provided
to the City prior to the City Clerk signing the final plat.
. The Eagle Sewer District has indicated that, to date, this property has not been annexed
into the District. This site 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 should be required
to 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 existing residence that is proposed to remain on the site (on Lot 9, Block I) should be
required to connect to central water, central sewer, and pressurized irrigation. The
connections to these services should be completed prior to the issuance of any building
permits for new residences within the subdivision.
. The applicant proposes one temporary access point to West Floating Feather Road for the
development. Floating Feather Road is designated as a Minor Arterial on the 2025 Ada
County Functional Street Classification Map as adopted by the Compass Board. The
applicant has proposed a 35-foot wide common lot adjacent to Floating Feather Road for
the construction of a buffer area with exception of I SO' of frontage from the western
property line which fronts an existing residence. Eagle City Code Section 8-2A-7 (J)(4)(b)
requires the installation of a buffer that is a minimum of 50-foot wide abutting the road
right -of-way.
The preliminary plat date stamped by the City on May 4, 2006, does not show the required
50-foot wide buffer area extending onto Lot 9, Block 1, where the existing home is shown
to remain. The existing dwelling has two existing driveways connecting to Floating
Feather Road and the driveways do not contribute to a congruous landscape design typical
of buffer areas approved by the City in the past. The requirement for the 50-foot wide
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buffer would essentially extend the easement or common lot line through the existing
house. Therefore, prior to submittal of the final plat application, the applicant should
submit an alternate method of compliance application to the Design Review Board for
review and consideration of the removal of the buffer from Lot 9, Block 1. At this time,
so as to preserve as much of the buffer area as possible, staff recommends that the buffer
area be included into an easement (instead of a common lot) on Lot 9, Block I.
. While the applicant has not provided any documentation that demonstrates that sufficient
water rights ( or shares) exist to irrigate all of the lots within this subdivision, it is
understood that a pressurized irrigation system using non-potable, irrigation water will be
required to serve all lots within the development. During the final plat review the design
engineer will be required to show how the pressurized irrigation system will function,
including provision for the source of the non-potable, irrigation water. Since no wavier
request was made (in accordance with Eagle City Code Section 9-4-1-9 (C)(2)) as part of
the preliminary plat application, then it is understood (per Eagle City Code Sections 9-3-9
and 6-5-23 (C)) that non-potable, irrigation water sufficient to serve the development will
be required to be provided.
. Drainage District #2, represented by Ringert Clark, indicated in correspondence dated
May 5, 2006, that they have concerns regarding a drainage ditch and easements that either
runs through or abuts the proposed development. The developer should contact Drainage
District No.2 to allow for review and approval of any encroachment, change of easement,
or drainage discharge into the District's facilities. The applicant should provide
documentation from Drainage District No. 2 approving all improvements within the
Drainage District No.2 easement and any drainage discharge to the drainage ditch prior to
submitting a final plat application.
. Due to the proximity of the drain ditch on the property the Army Corps of Engineers may
require 404 permitting. The applicant should provide documentation from the Army Corps
of Engineers regarding the requirement of a 404 permit prior to submitting a final plat
application.
. Note No.5 on the preliminary plat date stamped by the City on May 4, 2006, indicates the
easement to be provided on the rear lot lines will be six feet (6') wide. Eagle City Code
requires all easements to be twelve feet (12') in width. The final plat shall either delineate
or note that the easement width on the rear lot lines shall be twelve feet (12') in width.
. The preliminary plat date stamped by the City on May 4, 2006, shows the irrigation
storage pond to be located on the West Valley Baptist Church property to the west.
Documentation (consent from the property owner) should be provided approving this
location for the irrigation storage pond. A recorded access easement a minimum of twelve
feet (12') in width to gain access to the pressure irrigation wet well and pump station
should be provided. The documentation approving the location of the irrigation storage
pond, associated equipment buildings, and a recorded access easement should be provided
prior to the submittal of the final plat.
. The applicant has proposed the following standard setbacks (standard for the MU zone)
for all homes within this development: 20'-front, 20'-rear, 7.5'-side (including the
additional 5-foot per story setback), and 20' -street side.
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. Ada County Highway District as not provided a staff report regarding their concerns with
the proposed development. Upon review and approval of Gray Eagle Subdivision by Ada
County Highway District the applicant should comply with all conditions placed on the
subdivision for road and sidewalk improvements including access points to West Floating
Feather Road.
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 Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of MU-DA-Residential Only (Mixed Use with
development agreement) is consistent with the Transitional Residential designation as
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site 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 MU-DA-Residential Only (Mixed Use with a Development Agreement)
is compatible with the RUT (Rural Urban Transitional - Ada County designation)
zone and land uses to the south and east since those areas have the same
Comprehensive Plan designation as this site, and will be developed in a similar
manner has this development;
d. The proposed MU-DA-Residential Only (Mixed Use with a Development Agreement)
is compatible with R-E (Residential-Estates) zone to the north since this area is
developed with a residential subdivision and will be buffered from the proposed
development with a thirty five (35') wide landscape/berm and Floating Feather Road.
e. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
. Preliminarv 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 preliminary plat is in accordance with the City of Eagle Code
because:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive 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;
2. 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;
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3. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments from Eagle
Sewer District, as conditioned herein, there is adequate public financial capability to
support the proposed development;
5. 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone, and Preliminary 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
July 5, 2006, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from one (1) individual (not including the applicant/representative) who is III
supprt of the project and feels it would be good for the City.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by four (4) individuals who are residents of Colony Subdivision. The four
individuals expressed their concerns with the lack of transitioning of lot size, the location of a
collector road on a parcel bordering their subdivision, the density of the development, and the
lack of notification to residents within Colony Subdivision.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval of A-06-06 and
RZ-06-06 for an annexation and rezone from RUT to MU-DA (Residential Only) with the
following staff recommended conditions to be placed within a development agreement:
2. I The maximum overall density of the property shall not exceed 3.00 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.
2.3 The applicant shall obtain a license agreement from ACHD, to allow the right-of-way
between this property and the edge of pavement along West Floating Feather Road and the
interior streets to be landscaped prior to the City Clerk signing the final plat.
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2.4 The applicant shall provide documentation from the Army Corps of Engineers regarding the
requirement of a 404 permit prior to submitting a final plat application.
2.5 The existing residence shall be connected to central sewer, central water, and pressurized
irrigation prior to the issuance of any building permits for new residences within the
development.
2.6 The development shall comply with the Eagle City Code, as it exists in final form at the time
a design review application is made, including compliance with all of the conditions as
provided within this development agreement.
2.7 Provide a Memorandum of Agreement ("MOA") between the City and the applicants that
requires this development to have access to the open space amenities (including pathways and
a pool and clubhouse) within the future project to the south called Spur Ranch; that Grey
Eagle will take sole access to Floating Feather Road via the main roadway within Spur Ranch
and that the existing and temporary access to Floating Feather Road will be abandoned once
the roadway connection to Spur Ranch is completed. The MOA shall also include a
requirement for the Spur Ranch development to include, at a minimum, the above referenced
open space amenities. The MOA shall be reviewed and approved by the City attorney and
shall be executed prior submittal of the final plat.
2.8 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
submittal of the final plat.
2.9 A License Agreement from Drainage District No.2 shall be provided for all improvements
within the Drainage District No.2 easement prior to the City Clerk signing the final plat.
2.10 The developer shall remove all structures (houses, barns, sheds, etc. - as designated on the
preliminary plat to be removed from the site) prior to the City Clerk signing the final plat.
Demolition permits shall be obtained prior to the removal of said structures. Applicable
agency approvals for the removal of the existing wells and septic tanks (associated with the
existing residences that are to be removed) shall be provided to the City prior to the City
Clerk signing the final plat.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 0 (Aspitarte and Lien absent) to recommend approval of PP-06-06 for
a preliminary plat for Gray Eagle 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.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-
06.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit 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 revised preliminary plat showing all utility easements along the front and rear lot
lines to be a minimum of 12-feet wide prior to submittal of the final plat.
5. Provide CC&R's for this development which include language that allows all residents to use
the open space amenities within the greater Spur Ranch Development, as outlined within the
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MOA between the City and the applicants dated . The CCRS shall
provide for a requirement for the maintenance of the open space amenities in perpetuity.
6. Provide documentation from Drainage District No.2 approving all improvements within the
Drainage District No.2 easement and any drainage discharge to the drainage ditch prior to
submitting a final plat application.
7. Provide documentation from the adjacent property owner approving the location of the
irrigation storage pond, associated equipment buildings, and a recorded access easement for
review and approval by the City Attorney prior to the City Clerk signing the final plat.
8. All utility poles and service line providing service to the existing structures on the site shall be
removed, prior to the issuance of any building permits for the site. Utilities that will service
the residence that is to remain on-site (Lot 9, Block I) shall be placed underground prior to the
issuance of any building permits for the site.
9. 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 on the side lot lines, or as approved
by the Design Review Board and within five-feet (5') of the edge of the roadway. 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 within the swales (borrow ditches). 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.
10. All living trees located on the site 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 removal by the City Forester and the Design
Review Board) shall be provided for Design Review Board review and 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.
11. The applicant shall submit a design review application for a landscape plan showing perimeter
and common area landscaping, fencing, and planting details within the required 35-foot wide
buffer area (unless an alternate method of compliance is approved by the Board) along
Floating Feather Road abutting this site for review and approval by the Design Review Board
prior to City approval of a final plat.
12. Delineate on the plat an easement (in conformance with any approved alternate method of
compliance as noted above in ssc # I I above) for the portion of the buffer area located on Lot
9, Block I. The applicant shall submit a design review application and landscape plan showing
fencing (if proposed), trees, landscaping, and berming, and planting details within the required
buffer area, for review and approval by the Design Review Board prior to the City Clerk
signing the final plat.
13. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site, prior to the City Clerk
signing the final plat.
14. Extend the landscaping within the buffer area along Floating Feather Road to within 9-feet
from 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
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area shall be maintained and kept free of weeds and debris.
15. The applicant shall submit a design review application showing any proposed subdivision
signage and a landscape plan showing planting details, pathway details, sidewalk details,
benches, and other proposed amenities within all common lots and any landscape easements
for review and approval by the Design Review Board prior to submitting a final plat
application.
16. The applicant shall submit a design review application with a landscape plan showing planting
details and screening details for an irrigation pump house or any type of irrigation facilities for
review and approval by the Design Review Board prior to the submittal of a final plat. If
proposed, a pump house shall be located to comply with all required setbacks for the MU
zoning district.
17. The entire Gray Eagle/Spur Ranch Subdivision development shall remain under the control of
one Homeowner's Association, or approved subsets thereof.
IS. The applicant shall place a note on the final plat that all common areas are to be owned and
maintained by the Gray Eagle/Spur Ranch Subdivision Homeowner's Association. The
applicant shall provide a copy of the CC&Rs (which include a similar statement regarding the
common areas) for review and approval by the City attorney prior to the approval of the final
plat. The CC&Rs for the Gray Eagle/Spur Ranch Subdivision 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.
19. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and
under the purview of the Company, prior to the approval of the final plat.
20. All existing structures (houses, barns, sheds, etc.) shall be removed from the site prior to the
City Clerk signing the final plat. Demolition permits shall be obtained prior to the removal of
said structures.
21. The existing residence that is to remain on-site (on Lot 9, Block 1) shall be connected to
central water and central sewer prior to the issuance of any building permits for new
residences within the development. The existing well and septic associated with this residence
shall be abandoned in accordance with the requirements of the Central District Health
Department and any applicable regulatory agencies.
22. The applicant shall provide a revised preliminarv plat showing the removal of two lots located
within the eastern boundarY of the subdivision to allow larger lots to provide for transitioning
to the larger lots located east of this development. The revised preliminarv plat shall be
provided prior to the applicant submitting a Design Review application for review and
approval by the Design Review Board.
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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (LC. Title 50, Chapter 13 and LC. 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 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 3 I -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.
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 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.
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12. 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.
13. 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.
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
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.
15. 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.
16. 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.
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 Councilor Eagle City Pathway/Greenbelt Committee for a path or
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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 comply 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 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.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood 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 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.
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 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.
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 time extension is granted by the City Council.
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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 Department, 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 Administrator 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 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.
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 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:
I. A Neighborhood Meeting was held at 6:00 PM, March 23, 20065, on site in compliance with the
application submittal requirement 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 requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 19, 2006. 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 June 16,2006. Requests for agencies' reviews were
transmitted on April 10, 2006 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on June 20, 2006
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-06-06/RZ-06-06) 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 Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of MU-DA-Residential Only (Mixed Use with
development agreement) is consistent with the Transitional Residential designation as
shown on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site 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 MU-DA-Residential Only (Mixed Use with a Development Agreement) is
compatible with the RUT (Rural Urban Transitional ~ Ada County designation) zone and
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land uses to the south and east since those areas have the same Comprehensive Plan
designation as this site, and will be developed in a similar manner has this development;
d. The proposed MU-DA-Residential Only (Mixed Use with a Development Agreement) is
compatible with R-E (Residential-Estates) zone to the north since this area is developed
with a residential subdivision and will be buffered from the proposed development with a
thirty five (35') wide landscape/berm and Floating Feather Road.
e. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone.
4. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-06-06) 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 requested preliminary plat complies with the density of the approved zoning
designation ofR-E (Residential); and
b. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive 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;
c. 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;
d. This development is in continuity with the capital improvement program since the
required public improvements are required as conditioned herein, or are expected to be
installed with the development of individual lots as conditions of approval; and
e. That based upon agency verification and additional written comments from Eagle Sewer
District, Ada County Highway District and United Water, or as conditioned herein, there
is adequate public financial capability to support the proposed development;
f. 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.
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is
adequate public financial capability to support the proposed development.
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DATED this 17th day of July 2006.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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