Findings - CC - 2006 - A-04-06//rz-4-06/PP-4-06 - Kathleen Estates Subd/35-Lot/10.51 Acres Is Located 325 N Park Ln
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION
FOR AN ANNEXATION, REZONE, AND
PRELIMINARY PLAT FOR KATHLEEN
EST A TES SUBDIVISION FOR CAPITAL
DEVELOPMENT AND TOM RICKS
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)
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-4-06/RZ-4-06 & PP-4-06
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle City
Council for their action on July 11, 2006. The City Council continued the item to July 25, 2006, at which
time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard
and taken oral and written testimony, and having duly considered the matter, makes the following Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Dave Yorgason with Capital Development is requesting annexation of9.99-acres and a
rezone with a development agreement from RUT (Rural Urban Transition) to R-3-DA
(Residential-three units per acre maximum with a development agreement) and
preliminary plat approval for Kathleen Estates Subdivision. The 35-10t subdivision (29-
residential, 6-common) consisting of 10.5 I-acres is located approximately 1 ,320-feet north
ofW. State Street, on the west side ofN. Park Lane at 325 N. Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, December 22, 2005 on site in compliance
with the application submittal requirement of Eagle City Code. The application for this
item was received by the City of Eagle on April 5, 2006.
e. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on May 22, 2006. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 15, 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 Eagle City Code on May 26, 2006
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 26, 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 TitIe 67, Chapter 65, Idaho Code and Eagle City Code on June 21, 2006.
The site was posted in accordance with the Eagle City Code on June 30, 2006.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 28, 2005, the City Council approved an annexation, rezone and preliminary plat
for Eagle Creek Subdivision (A-2-0S/RZ-4-05/PP-4-0S) which includes the northern
portions of Lot 1-8, Block 3, of the proposed Kathleen Estates Subdivision.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION 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 DESIGNA nONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Three - Park RUT (Residential - Ada Agriculture
Lane Planning Area County designation)
Proposed No Change R-3-DA (Residential-up to Residential Subdivision
three units per acre with a
development agreement)
North of site Residential Three - Park R-3 (Residential-up to three Eagle Creek Subdivision
Lane Planning Area units per acre)
South of site Residential Three - Park RUT (Residential - Ada Residential & Pasture
Lane Planning Area County designation)
East of site Public/Semi-Public Public/Semi-Public Eagle High School
West of site Residential Three - Park R-3-DA (Residential-up to Single-family dwellings
Lane Planning Area three units per acre with a
development agreement) Senora Creek Subdivision
No. I
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
1. SITE DATA:
Total Acreage of Site - +/-JO.Sl-acres (Area to be annexed - 9.99-acres. The remaining 0.52-
acre is currently located within the city limits.)
Total Number of Lots - 35
Residential - 29
Commercial - 0
Industrial - 0
Common - 6
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Total Number of Units - 29
Single-family - 29
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.76-units per acre 3-units per acre maximum
Minimum Lot Size 9,306-square feet 10,000-square feet
Minimum Lot Width 80-feet 75-feet
Minimum Street Frontage 20-feet 35-feet
Total Acreage of Common Area 26,850 square feet (.62 acres) l.05-acres (minimum)
l.13 -acres *
Percent of Site as Common Area 5.87% 10% (minimum)
10.8%*
*Note: The Common Area calculation is inclusive of the eight foot (8') wide planter strips
adjacent to the interior roads within the public right of way.
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
The preliminary plat for the subdivision shows 1.13 acres of common open space area
(inclusive of the planter strips located within the right of way). This development will be
incorporated into the Eagle Creek Subdivision (Senora) Home Owner's Association. Eagle
Creek Subdivision (Lot 8, Block 2) consists of a pool/clubhouse area, basketball court, tot
lot, and a parking area for pool/clubhouse area. The residents of Kathleen Estates will
utilize the amenities within Eagle Creek Subdivision. Pedestrian connectivity will be
provided to the development to the north on a pedestrian pathway to be located on Lot 8,
Block 3, as shown on the preliminary plat date stamped by the City on April 8, 2006.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
On-site Septic System (yes or no) - not allowed
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Pressurized Irrigation:
The applicant states that a pressurized irrigation system using non-potable irrigation water
will be utilized for the landscape watering needs for this development. The proposed
pressurized irrigation system will be connected into the pressurized irrigation system in the
development to the north (Eagle Creek Subdivision).
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The site currently has mature trees in proximity to the existing
residence located on the site.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
K. STREET DESIGN:
Public Streets:
Roadway access from Park Lane will be provided by the developer with interior ACHD
roads. The applicant is proposing to construct a roadway within the development with a
thirty-six foot (36') wide roadway section (as measured from back of curb to back of
curb). Rolled 3" curb and eight foot (8') wide grass landscape strips are proposed on both
sides of the roadway. There will be one stub street connecting to the parcel to the north
and one stub street connecting to the parcel to the south.
There are three (3) landscape islands proposed to provide traffic calming on W. Cardon
Street.
Blocks Less Than 500': None
Cul-de-sac Design: None proposed.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the
roadway. There is also a five-foot (5') detached sidewalk proposed to be constructed
adjacent to N. Park Lane
Curbs and Gutters:
Rolled 3" curb and gutters are proposed within the interior of the development
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any 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 has not been received to
date. Approval from that committee is required prior to final plat approval.
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L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed detached sidewalks and a pathway
connecting this development with the development to the north, (Eagle Creek
Subdivision) utilizing Lot 8, Block 3.
Bike Paths:
Bikes will have access to the proposed pathway system and detached sidewalks throughout
the development. Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be
provided in all subdivisions as part of the public right-of-way or separate easement, as may
be specified by the City Council.
M. PUBLIC USES PROPOSED:
See "Open Space, Greenbelt Areas and Landscape Screening'" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions) from the Eagle Fire Department and the
Eagle Sewer District have been received. The Eagle Sewer District states that it will be
necessary for the applicant to petition to annex the subject property into the sewer district
for sewage disposal and the construction plans will need to be approved by the District's
consulting engineer prior to development of the site. The site is located within United
Water Company of Idaho service area. United Water provided correspondence indicating
that this development is serviceable by United Water.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes, see aerial and Preservation of Existing Natural Features section within this
report.
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - no
Wildlife Habitat - no
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
Ada County Highway District (ACHD)
Chevron Pipeline
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Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department (ITD)
Joint School District No.2
Ringert Clark (Drainage District No.2)
State ofIdaho Department of Environmental Quality (DEQ)
United Water Company ofIdaho
S. LETTERS FROM THE PUBLIC: None received to date.
ST AFF 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 Residential Three
Suitable primarily for single family residential development within an urbanized setting.
Chapter I - Overview
1.1 City of Eagle Statement of Purpose
b. To ensure that adequate public facilities and services are provided to the people at
reasonable cost.
Chapter 4 - Schools, Public Services and Utilities
4.1 Background
Public utilities, facilities, and services are necessary for the overall welfare of the public
and are generally available to Eagle residents. The City and special districts provide the
basic services of water, sewer, school, police, fire and library to residents. With Eagle's
growing population comes the need for increased public services and the necessity to
improve existing service delivery systems.
Policies concerning the manner in which public utilities and services are expanded plays
an important role in the location and intensity of future housing, commercial and industrial
development. Since the City of Eagle depends on outside providers, it must be involved in
any plans that will effect the community. Service providers currently include:
. The Eagle Sewer District provides sewer service within a designated sewer service
area.
. The Meridian and Boise School Districts provide K-12 education.
. Private canal companies and drainage districts provide irrigation water and
drainage water management.
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4.2.7 Other Services and Utilities
Pressure Irrigation
The City of Eagle currently requires the instaIlation of pressurized irrigation systems for
the irrigation oflandscaping when new development is within an irrigation district and
water rights are available.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL
. This property is within the Park Lane Planning Area as recognized in the 2025 Western
Area Plan.
C. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. ECC Section 8-1-2
Open Space
A common area platted as a separate lot, provided within a recorded easement, or
dedicated to and accepted by the City. The area shall be substantially open to the
sky, exclusive of streets, buildings and other covered structures, and shaIl be
designated and intended as a useable and convenient amenity to any proposed
development. Wetland areas, drainage ditches, irrigation ditches, and similar
features shaIl not be considered as a part of the minimum area of open space
required.
. ECC Section 8-2-4 Schedule Of Building Height And Lot Area Regulations:
-
Zoning Maximum DD'""""' Street Maximum Minimum Lot Minimum
District Height t Side Side Lot Covered Area (Acres Or Lot
Sq. Ft.) G And H' Width "
-
EJ135' ] EJ EJ EJ EJ 140% 1110.000 ID
. ECC Section 8-2-4(H):
All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and
R-l, shall have a minimum lot area that is 10 percent larger than shown in this table.
. ECC Section 8-2A-7 (J)(4)(a)
a. Any road designated as an urban or rural coIlector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the foIlowing plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree 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 benn 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:
. ECC Section 9-1-6 Rules and Definitions
OPEN SPACE: A common area platted as a separate lot, or an area dedicated to and
accepted by the city, substantially open to the sky, exclusive of streets, buildings and other
covered structures.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
. ECC Section 9-3-1 MINIMUM STANDARDS REQUIRED:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway distnct, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. ECC Section 9-3-3 PEDESTRIAN WALKWAYS:
Right of way for pedestrian walkways in the middle of long blocks may be required where
necessary to obtain convenient pedestrian circulation to schools, parks or shopping areas.
The pedestrian easement shall be at least ten feet (10') wide.
. ECC Section 9-3-5 (A) LOTS: Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the
official height and area regulations as set forth in section 8-2-4 of this code.
. ECC Section 9-3-6 EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (I 2').
. ECC Section 9-3-7 PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to
be placed next to incompatible features such as highways, railroads,
commercial or industrial uses to screen the view from residential properties
and to provide noise mitigation for those residents. Such planting strips/buffer
areas shall be a minimum of twenty feet (20') wide unless a greater width is
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required within section 8-2a-7 of this code. The landscape strip/buffer area
shall not be a part of the normal street right of way and shall comply with all
landscape/buffer area requirements within section 8-2A-7 of this code.
. ECC Section 9-3-8 PUBLIC SITES AND OPEN SPACES:
Public sites and open spaces shall conform to the following standards:
B. Natural Features: Existing natural features which add value to residential
development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the subdivision.
D. Open Spaces: The minimum percentage of the gross area that must be set
aside for open spaces in new subdivisions shall be as follows:
IZoning DistrictIIR-21IR-3 IIR-41IR-S I IR-6-R-25 I
IOpenSpace 1~~~~II0% I
. ECC Section 9-4-1-6 (A) & (B) PEDESTRIAN/BICYCLE P A THW A Y AND SIDEWALK
REGULA nONS:
A. Intent: The placement of pathways is intended to encourage nonmotorized
forms of travel, and to provide safe, convenient and aesthetic alternative travel
routes to common destinations such as schools, parks, shopping centers, etc. The
following factors will be considered in the placement of any pathway: the utility
and need for a given pathway, impacts to existing neighborhoods, compliance
with the transportation/pathway network maps within the comprehensive plan,
pathway design as it relates to both crime prevention and function, and the
responsibilities of ownership, maintenance, and liability.
B. Location:
1. The city shall require the creation and maintenance of pathways,
(except in cases where it is shown to be inappropriate), that provides
access to adj acent:
a. Schools;
. ECC Section 9-4-1-6 (D)(l) PATHWAY DESIGN:
D. While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten
feet (10') in width. Micropathways within subdivisions which are
designed for 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 (l0') wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
. ECC Section 9-4-]-8 UNDERGROUND UTILITIES
Underground utilities are required.
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. ECC Section 9-4-1-12 LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection ofresidential 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 "Residential
Three" with a density not to exceed 3 units per acre. The Soaring 2025 (Western Area
Plan) Comprehensive Plan designates this area as being located within the Park Lane
Planning Area, which is a sub area of the Western Planning area. The overall density
of the proposed Kathleen Estates Subdivision development is 2.76 units per acre.
. The applicant proposes one access point from Park Lane for the development. Park
Lane is designated as an Urban Collector on the Ada County Functional Street
Classification Map. The applicant has proposed a 35-foot wide common lot adjacent
to Park Lane for the construction of a buffer area. Eagle City Code Section 8-2A-7
(J)(4)(a) requires the installation ofa buffer that is a minimum of 35-foot wide
abutting the road right-of-way.
. Park Lane is shown as a Urban Collector on the Ada County Long Range Highway
and Street Map ~ 2025 Functional Street Classification System.
. The 2000 Comprehensive Plan, Chapter 4 discusses school and public service issues.
The Eagle Sewer District has indicated that this property has not been annexed inlo
the District. The portion of this site that is not currently annexed into the Eagle Sewer
District's boundaries will be required to be annexed mto their boundaries prior to the
City accepting a final plat application for the site. A letter of approval shall be
provided to the City from the Eagle Sewer District approving the final construction
plans prior to issuance of building permits for the subdivision.
. The applicant has not provided any documentation that demonstrates that water rights
(or shares) are adequate to irrigate all of the lots per Eagle City Code Section 9-4-1-9-
(C) Pressurized Irrigation Facilities. The applicant is required to provide the necessary
infonnation to show that adequate rights or shares exist to prior to the City Council
approval of the preliminary plat.
. The preliminary plat date stamped by the City on April 5, 2006, shows the planter
strips adjacent to the streets to be included within the road right-of-way. Per Eagle
City Code Open Space is an area platted as a separate lot, or an area dedicated to and
accepted by the City. A revised preliminary plat should be provided showing
additional open space outside of the road right-of-way to meet the minimum ten
percent (10%) open space requirement prior to submitting application for final plat.
. The preliminary plat date stamped by the City on April 5, 2006, shows Lot 6, Block 3
to be approximately twenty (20') feet in width; therefore it would be a substandard lot
in the R-3 Zone. Per Eagle City Code, the minimum lot frontage, the portion of a lot
front adjacent to a public street, for all residential districts shall be 35 feet. The
applicant should be required to provide a revised preliminary plat showing Lot 6,
Block 3 having a minimum lot frontage of 35-feet prior to submitting application for
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final plat.
. The preliminary plat date stamped by the City on April 5, 2006, shows Lot 2, Block 2
to be 9,306 square feet in size. The minimum lot size in an R-3 Zone is 10,000 square
feet. The applicant should be required to provide a revised preliminary plat showing
Lot 2, Block 2, to be a minimum of 10,000 square feet to meet the minimum lot size
of an R-2 zone prior to submitting application for final plat.
. The preliminary plat date stamped by the City on AprilS, 2006, shows overhead
power located on Lots 1-3, Block 3. Per Eagle City Code all utilities are to be located
underground. Provide a revised preliminary plat noting all power lines to be located
underground prior to submittal of the final plat application.
. The preliminary plat date stamped by the City on April 5, 2006, shows roadway cross
section details showing the sidewalks to be located within the required utility and
drainage easements adjacent to the street. Eagle City Code 9-3-6 requires that all
utility easements should be unobstructed. The applicant should provide a revised
preliminary plat and roadway cross section showing a minimum of twelve feet (12')
feet in width with a minimum ten feet (10') of unobstructed easement adjacent to the
street. The revised preliminary plat should be provided prior to submitting a Design
Review application
STAFF RECOMMENDED FINDINGS:
. Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-3-DA (Residential-up to three units per acre
with a development agreement) is consistent with the Residential Three designation as
shown on the Comprehensive Plan Land Use Map;
b. The infonnation provided from the agencies having Jurisdiction over the public
facilities needed for this site indicate that adequate public facilities exist, or are
expected to be provided, to serve all uses allowed on this property under the proposed
zone;
c. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) is compatible with the R-3 (Residential-up to three units per acre) land use
to the north and west since these areas are being developed in a similar manner as this
development, and;
d. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) is compatible with the RUT (Residential-Ada County Designation) zone
and land use to the south since that area could be developed with lots of similar size in
the same manner at a later date;
e. The proposed R-3-DA (Residential-up to three units per acre with a development
agreement) is compatible with the R-2-DA (Residential-two units per acre with a
development agreement) zone and land use to the west since that area will be
developed with lots of similar size;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
g. As stated in the Development Agreement, the applicant will remove all existing
structures on the site. Therefore, no non-conforming uses are expected to be created
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with this rezone.
. Preliminary 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:
a. 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;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle
Fire District, Eagle Sewer District, and United Water Company as conditioned herein,
there is adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth Within the conditions of approval herein.
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
June 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 no one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT
AGREEMENT:
The Commission voted 5 to 0 to recommend approval of A-04-06 and RZ-04-06 for an annexation
and rezone from RUT to R-3-DA for Capital Development and Tom Ricks, with the conditions to
be placed within a development agreement as shown within their findings of fact and conclusions
of law document, dated June 26, 2006.
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COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of PP-04-06 for a preliminary plat for
Kathleen Estates Subdivision, for Capital Development and Tom Ricks, with the site specific
conditions of approval and standard conditions of approval as shown within their findings of fact
and conclusions oflaw document, dated June 26, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on July 11, 2006. The Council
continued the item to July 25, 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 City Council from no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve A-04-06/RZ-04-06 for an annexation and rezone from RUT
to R-3-DA, for Capital Development and Tom Ricks, with the following Planning and Zoning
Commission recommended conditions to be placed within a development agreement with strike
through text to be deleted by the Council.
Further, the Council voted 4 to 0 to approve PP-04-06 for a preliminary plat for Kathleen Estates
Subdivision, for Capital Development and Tom Ricks, with the following Planning and Zoning
Commission recommended site specific and standard conditions of approval (following the
conditions to be placed within the development agreement).
CONDITIONS TO BE PLACED IN A DEVELOPMENT AGREEMENT:
2.1 The maximum overall density of the property shall not exceed 2.76 units per acre.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in
that concept may occur or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan,
notice shall be provided as may be required by the City.
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 N. Park Lane and the interior streets to be
landscaped prior to the City of Eagle signing the final plat.
2.4 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.
2.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that
the property has been annexed into the Eagle Sewer District's service boundaries prior to
submittal of the final plat. A letter of approval shall be provided to the City from the Eagle
Sewer District.
2.6 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.
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2.7 The developer shall remove all structures (houses, barns, sheds, etc.) from the site prior to the
City Clerk signing the Final Plat. Demolition permits shall be obtained prior to the removal of
said structures and approval permits for the removal of the existing well and septic.
2.8 The applieant allall previde a revised eoneept fllan showing asditional open space adjacent to
the flatk,vay lot (Lot 8, Block 3) for the purpose of providing a pocket park for the use of the
resideflee withifl the sHbdivision. The revises concept plan shall be provides for revie'.... and
eOflsideration by the City COUflCil prior to City Cmmcil action on the preliminary plat.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions within the development agreement for rezone application RZ-04-06.
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 landscape plan showing berming, fencing, and planting details within the required 35-foot
wide buffer area along Park Lane abutting this site for review and approval by the Design Review
Board prior to the submittal of a final plat.
5. Provide a revised preliminary plat showing Lot 6, Block 3 having a minimum lot frontage of 35-feet
prior to submitting application for final plat.
6. Provide a revised preliminary plat showing Lot 2, Block 2, to be a minimum of 10,000 square feet
prior to submitting application for final plat.
7. Provide a revised preliminary plat and roadway cross section showing a total of twelve feet (12') in
width of easement and a minimum often feet (10') in width of unobstructed easement adjacent to the
street prior to submitting application for a final plat.
8. Provide a revised preliminary plat showing all utility poles providing service to the existing structures
on the site to be removed, prior to submitting a Design review application. All utility service lines
serving existing structures shall be placed underground prior to the issuance of any building pennits
for the site.
9. Provide a revised preliminary plat showing additional open space provided outside of the road right-
of-way to meet the minimum ten percent (10%) open space requirement prior to submitting
application for Design Review.
10. The applicant shall submit a design review application and landscape plan showing trees, landscaping,
berming, proposed signage, and planting details within the required buffer area along Park Lane
abutting this site and any proposed signage and fencing for review and approval by the Design Review
Board prior to the submittal of a final plat application.
II. Extend the landscaping within the required buffer area along Park Lane 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 area shall be maintained and
kept free of weeds and debris.
12. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at the front of each lot generally at each side property line, or as approved by the
Design Review Board. The trees shall be located in the 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall
either install the required trees, sod, and irrigation or provide the CIty with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
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prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if
weather does not permit landscaping.
13. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be
integrated into the open space areas or private lots (unless approved for removal by the City Forester
and the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. The applicant shall have an on-site meeting with the City Forester to survey
all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant
to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement
of any construction on the site.
14. Construct a minimum five foot (5') wide detached concrete sidewalk along Park Lane abutting this
site.
15. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance
with the applicable zoning and subdivision regulations at the time of issuance of a building pennit or
as specifically approved and/or required."
16. The Kathleen Estates Subdivision shall remain under the control of one Homeowners Association.
17. The applicant shall place a note on the final plat that all common lots are to be owned and maintained
by the Kathleen Estates Homeowner's Association. The applicant shall provide a copy of the CC&Rs
which include a similar statement regarding the common lots for review and approval prior to
submittal of the final plat.
18. The applicant shall provide CC&Rs that the Kathleen Estates Homeowner's Association shall have
the duty to maintain the pressurized irrigation system and all common landscape areas in the
subdivision are maintained in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees in perpetuity.
19. Provide revised Eagle Creek CC&R's showing that the open space and pool amenities will be
available for use by the Kathleen Estates home owners prior to submittal of the final plat application.
STANDARD CONDITIONS OF APPROVAL:
I. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limIted to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (r.c. Title 50, Chapter 13 and r.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4)
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7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
II. 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.
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 sigmng the final plat.
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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 palh or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
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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.
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 hannless 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
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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 fann 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 offIeash.
CONCLUSIONS OF LAW:
I. A Neighborhood Meeting was held at 6:00 PM, December 22, 2005 on site in compliance with the
application submittal requirement of Eagle City Code. The 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 May 22, 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 May 15, 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 Eagle City Code on May 26,2006. Requests for agencies' reviews
were transmitted on April 12, 2006 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on June 26, 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 21, 2006. The site was posted in accordance with the Eagle City Code on June 30,
2006.
3. The Council reviewed the particular facts and circumstances of this proposed annexation and rezone
(A-04-06/RZ-04-06) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided concludes that the proposed annexation and rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives
because:
a. The requested zoning designation of R-3-DA (Residential-up to three units per acre with a
development agreement) is consistent with the Residential Three designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist, or are expected to be
provided, to serve all uses allowed on this property under the proposed zone;
c. The proposed R-3-DA (Residential-up to three units per acre with a development agreement)
is compatible with the R-3 (Residential-up to three units per acre) land use to the north and
west since these areas are being developed in a similar manner as this development, and;
d. The proposed R-3-DA (Residential-up to three units per acre with a development agreement)
is compatible with the RUT (Residential-Ada County Designation) zone and land use to the
south since that area could be developed with lots of similar size in the same manner at a later
date;
e. The proposed R-3-DA (Residential-up to three units per acre with a development agreement)
is compatible with the R-3-DA (Residential-two units per acre with a development agreement)
zone and land use to the west since that area will be developed with lots of similar size;
f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
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described within the Comprehensive Plan; and
g. As stated in the Development Agreement, the applicant will remove all existing structures on
the site. Therefore, no non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-04-
06) and based upon the information provided concludes that the proposed preliminary plat application
is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning desib'l1ation
of R-3-DA (Residential-up to three units per acre with a development agreement); 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. That there are no known capital improvement programs for which this development would
prevent continuity;
e. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed 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.
DATED this 8th day of August 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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