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Findings - PZ - 2006 - A-13-06/RZ-16-06 & PP-14-06 - A/Rz From Rut To R-1-Da/Sylvan Wood Subd/31-Lot/25.41 Acre843 N Ballantyne Lane BEFORE THE EAGLE PLANNING AND ZONING COMMISSION ORIGINAL IN THE MATTER OF AN APPLICATION ) FORAN ANNEXATION, REZONE WITH A ) DEVELOPMENT AGREEMENT, AND ) PRELIMINARY PLAT FOR SYLVAN WOODS ) SUBDIVIDISION FOR SYL VAN WOODS I, LLC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-13-06/RZ-16-06 & PP-14-06 The above-entitled Annexation, Rezone with a development agreement, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 7, 2006, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Sylvan Wood 1, LLC, represented by Phil Hull with The Land Group, Inc., is requesting an annexation and rezone from RUT (Rural Urban Transitional) to R-l-DA (Residential one unit per acre with a development agreement) and preliminary plat approval for Sylvan Wood Subdivision, a 31-lot (24-residential, 7-common) residential subdivision. The 25.41-acre site is located on the southwest corner of Ballantyne Lane and Floating Feather Road at 843N. Ballantyne Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, May 3, 2006. The annexation, rezone, and preliminary plat applications for this item were received by the City of Eagle on May 18, 2006. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on 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 May 19, 2006. The site was posted in accordance with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on May 19, 2006 in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: Ada County File #200600188-PBA/ZCA- Property boundary adjustment (County action which adjusts the property lines of this site into their current configuration). E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 24 K:IPlanning DeptlEag1e ApplicationslSUBSI20061Sylvan Woods pzLdoc 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 DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNA TION Existing Residential One (I unit RUT (Rural Urban Transition- Single Family Dwelling & per acre maximum) Ada County Designation) Agricultural Uses Proposed Residential One (1 unit R-I-DA (Residential-l unit per Single Family, Residential per acre maximum) acre with a development Subdivision agreement) North of site Residential Estates (1 R-E (1 unit per 2 acres Single Family, Scotch unit per 2 acres maximum) Subdivision maximum) South of site Residential One (1 unit R-2-DA-P (Residential with a Single Family, per acre maximum) development agreement and Countryside Subdivision PUD) East of site Residential One (1 unit R-l (Residential-l unit per Single family, Lockwood per acre maximum) acre) Subdivision West of site Residential One (1 unit A-R (Agricultural Residential) Single family, Wehern per acre maximum) one unit per 5 acres Subdivision H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA 1. SITE DATA: Total Acreage of Site - 25.41 Acres Total Number of Lots - 31 Residential - 24 Common - 7 Total Number of Units - 24 Single-family - 24 Existing - 0 Proposed - 24 Total Acreage of Any Out-Parcels - 0 Page 2 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzfdoc Additional Site Data Proposed Required Dwelling Units Per Gross Acre .94 units/acre I-unit per acre maximum Minimum Lot Size 37,006 sq. ft. 37,000 sq. ft. Minimum Lot Width 103 ft. (approximately) 100 ft. Minimum Street Frontage 30- ft. 35-ft. Total Acreage of Common Lots 2.24-acres (Excluding planters) o -acres minimum Percent of Site as Common Area 8.8% 0% J. GENERAL SITE DESIGN FEATURES: Landscape Screening: As required by Eagle City Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot (35') wide buffer along Ballantyne Road. All benning, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat. Open Space and Design: The proposed development includes 2.24 acres (8.8%) of common area. The common area consists of the required buffer area along Floating Feather and Ballantyne Roads and a .52- acre open space area within the development. 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 twelve feet (12') wide. Fire Hydrants and Water Mains: The preliminary plat shows five (5) fire hydrants located within the subdivision. The hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes or no) - no Page 3 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The Farmers Union Canal and mature trees are located along the northern boundary of the site. 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 detailed drawing on the preliminary plat shows a forty-two foot (42') wide right-of- way street section with a twenty-nine foot (29') wide travel way including rolled curbing throughout subdivision. No Stub streets are provided since the adjacent land is already developed. An eight foot (8') wide grassy swale to be utilized as a drainage swale with a five foot (5') wide detached sidewalk are shown to be located within the right-of-way adjacent to the interior streets. Cul-de-sac Design: Three (3) cul-de-sacs are proposed for the site: The northern cul-de-sac is 745-ft. In length (in excess of the 500-ft standard established in ECC 9-3-2(1)(G) The southern cul-de-sac is 151-ft in length The western cu-de-sac is 200 ft in length Sidewalks (to be ADA compliant): A 5-foot wide meandering, detached sidewalk is required along Floating Feather Road and Ballantyne Lane abutting the northern and eastern portion of the site. A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the roadway on the interior streets. 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 is required prior to the submittal of a Final Plat. Any modifications of street names shall be completed before final plat approval. Page 4 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways/Pathways: The preliminary plat does not delineate any public pathways located within the development. The application states that the common area within the development will include an east to west pathway connection. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. The detailed street section does not show a bike lane on the interior roads. The Eagle Pathway plan designates a bike lane along Floating Feather and Ballantyne Lane. M. PUBLIC USES PROPOSED: See "Open Space and Design" 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 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 prior to development of the site. The development will be provided water service by United Water. P. NON-CONFORMING USES: Based upon the information available and the recommended site specific conditions recommended the proposed rezone will not create any non-conforming issues with regard to provisions of the Eagle City Code: Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - Yes, ditch banks Fish Habitat - no Floodplain - no Mature Trees - yes, see south side of ditch banks Riparian Vegetation - yes -ditch banks Steep Slopes - yes, ditch banks Stream/Creek: - no Unique Animal Life - no Unique Plant Life - no Unstable Soils - no Wildlife Habitat - no Historical Assets - no R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): Not required. S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Page 5 of 24 K:IPlanning DepllEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc City Engineer: All comments within the Engineer's letters dated June 21, 2006, are of special concern (see attached). Ada County Highway District Central District Health District Chevron Pipeline Department of Environmental Quality Eagle Fire District Eagle Sewer District Idaho Transportation Department Meridian School District Ringert Clark (rep: Drainage District #2) (correspondence dated June 13,2006) T. LETTERS FROM THE PUBLIC: None received to date. U. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the development in one phase. STAFF ANALYSIS: 2000 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map (Western Area Plan adopted 09-14-04) designates this site as Residential One: Suitable primarily for single family residential development within areas that are rural in character. Chapter 1 - 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. g. To ensure that the development of land is commensurate with the physical characteristics of the land. 1.3 The City of Eagle Vision Statement b. interconnected with user-friendly pathways and roadways; 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 Page 6 of 24 K:IPlanning DeptlEagle ApplicationslSUBSI20061Sylvan Woods pzf.doc 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. . United Water, Eagle Water Company, and the City provide water to Eagle residents. Some private water systems and wells are also used. . Private canal companies and drainage districts provide irrigation water and drainage water management. 4.27 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. 4.5 Implementation Strategies d. Encourage land use development to reduce street hazards by developing access to elementary and secondary schools on local streets and/or pathways. Chapter 6 - Land Use 6.1 Background and Existing Conditions Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the Impact Area are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. 6.2 Land Use Issues Residents of Eagle and its Impact Area have a strong desire to maintain the rural Page 7 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc "feel" of the community. In order to ensure the quality of life that is desired by Eagle residents, it is necessary to maintain a tax base that is adequate for providing expected public services. 6.6 Objectives To encourage the preservation of open spaces. 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. k. Protect gravity flow irrigation systems including canals, laterals and ditches to assure continued delivery of irrigation water to all land serviced by such systems, to protect irrigation systems as a long range economical method for water 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. Chapter 8 - Transportation 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. \. 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 of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance. o. 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 Page 8 of 24 K:IPlanning DeptlEagle ApplicationslSUBSI20061Sylvan Woods pzf.doc five acres maximum) and Residential Estates (one dwelling unit per two acres maximum). Such designs should include the following: 1. 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 road way. 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. 9.5.3 Implementation Strategies d. Construct bridges to provide access to existing and future greenbelt and pathway system easements. f. Prioritize greenbelt and pathway development: 1). greenbelt/pathway system along the Boise River: 2). greenbelt/pathway system along the Dry Creek: 3). Corridor preservation along future planned pathways and irrigation features: and 4). Road crossings. 9.6 Open Spaces Page 9 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006lSylvan Woods pzf.doc 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 11 - Special Areas and Sites 11.2 Recognized Special Areas and Sites Dry Creek Floodplain The Dry Floodplain is designated as a special area due to its ecological and scenic significance. The area comprises the length of the Dry creek Floodplain through the Impact Area. 11.4 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. Chapter 12 - Community Design 12.4 Implementation Strategies a. Establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle. This includes growth within the Impact Area that discourages or precludes the establishment of other City centers. c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. Page 10 of 24 K:\Planning Dept\Eagle Applications\SUBS\2006\Sylvan Woods pzf.doc k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and ridgelines 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. B. 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. . ECC Section 8-2A-7 (J)(4)(a) a. Any road designated as an urban or rural collector on the Ada County long range highway and street map: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . 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: Page 11 of 24 K:IPlanning DeptlEagle ApplicalionslSUBSI20061Sylvan Woods pzf.doc A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. . ECC Section 8-2-4 Schedule Of Building Height And Lot Area Regulations C. 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 Zoning Maximum D D '""rim Street Maximum Minimum Lot Area Minimum District Height t Side Side Lot Covered (Acres Or Sq. Ft.) G Lot And H* Width [* EJDEJ EJ ~EJ 135% 1137.000 1r=J 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. . Eagle City Code Section 9-3-1 Minimum Standards Required: All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. . Eagle City Code Section 9-3-2-2 (A) Street Widths: 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. Page 12 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006lSylvan Woods pzf.doc . 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. . Eagle City Code Section 9-3-6 Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). B. Unobstructed drainageway easements shall be provided as required by the city council. 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 9-3-7 Planter Strips and Reserve Strips: 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 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 alllandscape/buffer area requirements within section 8-2A-7 of this code. . 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 9-4-1-6 (B)(1)(c & d) Location: 1. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: c. Adopted pathway elements within the comprehensive plan and the ridge to rivers pathway plan; d. Neighborhoods; . Eagle City Code Section 9-4-1-6 (F) (2,3 & 6) Sidewalk Design: 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. . ECC Section 9-4-1-8 UNDERGROUND UTILITIES Underground utilities are required. Page 13 of 24 K:IPlanning DeptlEagle Applications\SUBS\2006ISylvan Woods pzf.doc . ECC Section 9-4-1-12 LANDSCAPE BUFFER AREAS: Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. D. DISCUSSION: . The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two" The Eagle Comprehensive Plan Land Use Map designates the property as "Residential One" with a density not to exceed 1 units per acre. The overall density of the proposed Sylvan Woods Subdivision is .94 units per acre. . Currently, the approximate 25.41-acre parcel is being utilized as farm ground. With the development of this site, the applicant proposes a thirty one (31) lot residential subdivision (24- buildable lots and 7-common lots). The applicant is proposing to remove all existing structures from the site, which should be conditioned to be completed prior to the City Clerk signing the final plat. A demolition permit should be required prior to the removal of the structures and the proper approvals for the removal of the existing well and septic tank should be provided prior to the submittal of the final plat. . The proposed development provides building lots ranging from 37,006 square feet to 47,830 square feet in size. The applicant is requesting an R-l zoning designation; the required minimum lot size in an R-l zone is 37,000 square feet. The proposed subdivision design complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code. . Per Eagle City Code, subdivisions with an R-l zoning designation do not require a specific, minimum amount of open space. However, the proposed development includes 2.24 acres (8.8%) of the site as common area open space including a gathering area, landscape islands within a cul- de-sac, and landscape buffer adjacent to Ballantyne Lane. . The letter received from the City Engineer, dated June 21, 2006, enumerates a list of conditions by which the project should comply. City staff agrees with the list of conditions with the exception of condition number 12. With regard to this condition (relating to cul-de-sac length), the applicant proposes to construct a single cul-de-sac in excess of the 500-ft maximum length established under ECC 9-3-2-1(G). Due to the fact that the properties surrounding this site are already developed (with no stub streets), access to the site from the west and south is not possible. Moreover, Floating Feather Road is designated in the Eagle Comprehensive Plan as a Minor Arterial, and due to such a designation, the need to limit access points to the north of this development is important to preserve the long range function of Floating Feather Road. Therefore, access to the northern portion of the site would best be served through an extended-length cul-de-sac with the caveat that a "bulb" type turn around be provided mid-point in the street (similar to the street and cul-de-sac design in Lockwood Subdivision). The Eagle Fire District is in support of the 745-foot length and the proposed length is in compliance with the International Fire Code. . The New Dry Creek Canal borders the northern boundary of the development. Due to the location of the canal, a 404-Permit may be required by the Army Corp of Engineers for development in the area. The applicant should provide documentation from the Army Corps of Engineers regarding the requirement of a 404- Permit prior to submitting application for final plat approval. 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 Page 14 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzLdoc 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-l (Residential-up to one units per acre) is consistent with the Residential One 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-I zone (Residential-up to one unit per acre) is compatible with the R- E (Residential Estates) zone and land use to the north since that area has been developed with lots of similar size; d. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R- 2-DA (Residential-two units per acre with a development agreement) zone and land use to the south since that area has been developed with lots of similar size; e. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R- 1 (Residential-up to one unit per acre) zone and land use to the east since that area is designated as Residential One in the Comprehensive Plan and has been developed with lots of similar size; f. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the A- R (Agricultural-Residential-up to one unit per 5-acres) zone and land use to the west; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. . 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: 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; 3. The proposed development will provide continuity with the capital improvement plan for municipal water through a memorandum of agreement for providing water from the City of Eagle municipal water system; 4. That based upon agency verification and additional written comments of the Eagle Fire District and 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. Page 15 of24 KIPlanning DcptlEaglc ApphcalionslSUBSl20061Sylvan Woods pzf.doc 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 August 7, 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 by no one. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no. COMMISSION DECISION REGARDING THE REZONE AND DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (Jacobs absent) recommend approval of A-13-06 and RZ-16-06 for an annexation and rezone from RUT to R-I-DA with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission: 2.1 The maximum overall density of the property shall not exceed .94 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 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. 2.4 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 and approving the final construction plans prior to submittal of the final plat application. 2.5 A copy of the recorded record of survey for the property line adjustment (Ada County File #200600188) shall be provided to the City prior to submittal of the final plat. 2.6 Pay all fees associated with this development agreement prior to the City's execution of the development agreement. COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Jacobs absent) recommend approval of PP-14-06 for a preliminary plat for Sylvan Woods Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Page 16 of24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzrdoc Commission and strikethrough text to be deleted by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the development agreement for RZ-16-06. 2. Comply with all requirements of the City Engineer (excluding item no. 12 as noted on their response letter dated June 21, 2006). 3. Provide a revised preliminary plat showing an emergencv vehicle turn around an landscape island located on the northern cul-de-sac 500ft north of the intersection with the entry road, prior to submitting a Design Review application. The turn around shall be designed an approved by ACHD and the Eagle Fire Department. 4. 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. 5. Provide a revised preliminary plat showing minimum cul-de-sacs radii of 102' with 20' wide (minimum) landscape islands. Written approval of the cul-de-sacs and landscape islands shall be provided from the Eagle Fire District prior to the submittal of the final plat application. 6. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404- Permit prior to submittal of the final plat application. 7. The grass swales along both sides of the roadways within this subdivision shall have a maximum slope of 4: 1 (or as approved by the Ada County Highway District), planted with sod. 8. Provide a revised preliminary plat showing a typical street section of Ballantyne Road with a five foot (5') wide (minimum) detached concrete sidewalk within the 50-foot wide landscape buffer, prior to submitting a Design Review application. The sidewalk shall be installed prior to the issuance of any occupancy permits within the subdivision. 9. Provide a revised preliminary plat with note #3 changed to read, "Each side of common residential lot lines have a six foot (6') wide permanent public utilities, irrigation, and drainage easement" prior to submittal of the final plat application. 10. Provide a revised preliminary plat with note #4 changed to read, "A twelve foot (12') wide permanent public utility, irrigation, and drainage easement shall be provided along all exterior lot boundaries" prior to submittal of the final plat application. 11. Provide a revised preliminary plat including a plat note or delineate a minimum twelve foot (12') wide utility easements along the front and rear property lines of each lot, prior to submittal of the final plat. 12. All overhead utilities on the site shall be removed and placed underground, prior to the issuance of any building permits for the site. 13. 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 Page 17 of24 K:IPlanning DeptlEagle Applicaliol1s\SUBS\2006ISylvan Woods pzf.doc the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 14. All living trees 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. 15. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 50-foot wide buffer area along Floating Feather Road for review and approval by the Design Review Board, prior to submittal of the final plat. The berm and landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision. 16. The applicant shall provide a landscape plan showing berming, fencing, and planting details within the required 35-foot wide buffer area along Ballantyne Lane for review and approval by the Design Review Board, prior to submittal of the final plat. The berm and landscaping shall be installed prior to the issuance of any occupancy permits within the subdivision. 17. 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. 18. Extend the landscaping within the buffer area along Floating Feather Road and Ballantyne Lane to within 9-feet from the edge of pavement or an alternative form of compliance as recommended by the Eagle Design Review Board and approved by the City Council. 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. 19. The applicant shall submit a design review application with a landscape plan showing planting details, screening details, building elevations for an irrigation pump house or any type of irrigation facilities, and other proposed amenities within all common lots 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 R-l zoning district. 20. The entire Sylvan Woods development shall remain under the control of one Homeowner's Association. 21. The applicant shall place a note on the final plat that all common areas are to be owned and maintained by the Sylvan Woods 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 Sylvan Woods 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 unless written approval has been received from the City of Eagle. Page 18 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc 22. Provide a clause in the CC&Rs that requires one homeowners association to maintain in perpetuity all grass swales located within the development. The clause shall further state that the grass swales are not to be filled with soil or other material that would block proper drainage. The CC&Rs shall be reviewed and approved by the City attorney and the City engineer prior to the approval of the final plat. 23. Provide a letter from the New Dry Creek Ditch Company approving 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. 24. Submit construction drawings to the City Engineer for review and approval of any irrigation facility not under the purview of the New Dry Creek Ditch Company to ensure the irrigation facilities are designed and constructed correctly to provide uninterrupted delivery of irrigation water to downstream users. STANDARD CONDITIONS OF APPRO V AL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (1.c. Title 50, Chapter 13 and 1.c. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic 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. Page 19 of24 K:\Planning Dept\Eagle Applicalions\SUBS\2006\Sylvan Woods pzf.doc 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. 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 Page 20 of 24 K:IPlanning DeptlEagle ApplicationslSUBSl2006ISylvan Woods pzf.doc 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. The applicant shall record the subdivision CC&R's in the office of the Ada County Recorder prior to the sale of the first lot. The applicant shall provide the City a copy of the recorded CC&R's prior to the issuance of any building permits. 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 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. Page 21 of24 K:IPlanning DeptlEagle ApplicationslSUBSI20061Sylvan Woods pzf.doc 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 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 in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, May 3, 2006. The annexation, rezone, and preliminary plat Page 22 of 24 K:\Planning DeptlEagle ApplicationslSUBSI20061Sylvan Woods pzf.doc applications for this item were received by the City of Eagle on May 18,2006. 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 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 May 19, 2006. The site was posted in accordance with the Eagle City Code on May 26, 2006. Requests for agencies' reviews were transmitted on May 19, 2006 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-013-06/RZ-16-06) 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 R-I (Residential-up to one units per acre) is consistent with the Residential One 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 indicates 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-l zone (Residential-up to one unit per acre) is compatible with the R-E (Residential Estates) zone and land use to the north since that area has been developed with lots of similar size; d. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-2-DA (Residential-two units per acre with a development agreement) zone and land use to the south since that area has been developed with lots of similar size; e. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the R-l (Residential-up to one unit per acre) zone and land use to the east since that area is designated as Residential One in the Comprehensive Plan and has been developed with lots of similar sIZe; f. The proposed R-l zone (Residential-up to one unit per acre) is compatible with the A-R (Agricultural-Residential-up to one unit per 5-acres) zone and land use to the west; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use as conditioned within the development agreement so not to create a non- conforming use with the R-l zone. 4. The Commission 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 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; Page 23 of 24 K:IPlanning DepllEagle ApplicationslSUBSl2006ISylvan Woods pzLdoc 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. DATED this 21 nd day of August 2006. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho @-~ Jas PIerce, Chairman ATTEST: "....... ""'.. ft'" 'tV OF .... ft<# C \ ........ ~"" ". #.. -.-'0 ". !.. / c,ORPO/f ... (.. \ :: -1,.\". ':. : . _. tfi : \~ \~S8A~ I.. i . ,.>. ~1'1~' .. ~. -" ~ ....:~ :"o.w" , 0 ~ "......; OF IDt>:.~~ "......n.......-- Page 24 of24 K:\Planning DeptlEagle Applications\SUBS\2006\Sylvan Woods pzfdoc Recording Requested By and When Recorded Return to: City of Eagle 660 E. Civic Lane P.O. Box 1520 Eagle, Idaho 83616 Planning & Zoning Cornmission Version For Recording Purposes Do Not Write Above This Line DEVELOPMENT AGREEMENT This Development Agreernent, made and entered into on the date as indicated herein, by and between the City of Eagle, a rnunicipal corporation in the State of Idaho ("Eagle"), by and through its Mayor, and Sylvan Wood I, LLC ("Applicant"). WHEREAS, the Applicant is the owner of record of certain real estate located at 843 North Ballantyne Lane, Eagle, Idaho, ("Property"), as specifically defined in the attached legal description (Exhibit A) which is the subject of an application for Rezone identified as Rezone Application No. RZ-16-06; and WHEREAS, the proposed developrnent includes properties within an area currently zoned RUT (Rural Urban Transition -Ada County Designation); and WHEREAS, the Applicant desires a R-I-DA (Residential-One unit per acre with a development agreement) zoning classification to develop a twenty-four(24) lot residential subdivision on the above described property, which is herein referred to as the "Property"; and WHEREAS, the Planning and Zoning Comrnission and the City Council of Eagle have deterrnined that allowing an R-l zoning designation for the Property rnust be lirnited with a development agreernent to prevent undue darnage to, and to otherwise be in harmony with the Cornprehensive Plan, the existing uses on the site and the cornrnunity; and WHEREAS, the intent of this Developrnent Agreement is to protect the rights of Applicant's use and enjoyrnent of the Property while at the same time limiting any adverse impacts of the development upon neighboring properties and the existing comrnunity and ensuring the Property is developed in a rnanner consistent with Eagle's Comprehensive Plan and City Code; and WHEREAS, the Applicant has agreed to the use restrictions and other lirnitations set forth herein upon the use and developrnent of the Property and has consented to a R-l-DA (Residential- Page 1 of 6 K:IPLanning DeptlEagJe ApplicationslSUBSl2006lsylvan woods da.doc One unit per acre with a developrnent agreernent) zoning designation for the Property with the requirernents set forth in this Developrnent Agreernent; and WHEREAS, the Applicant has previously provided Eagle with an affidavit agreeing to subrnit the Property to a Developrnent Agreernent pursuant to Eagle City Code Section 8-10- I(C)(l); and WHEREFORE, the Applicant and the City of Eagle desire to resolve the issues and concerns that have arisen and for and in consideration of the rnutual covenants contained herein, it is agreed as follows: ARTICLE I LEGAL AUTHORITY 1.1 Eagle will adopt an ordinance arnending the Eagle Zoning Ordinance to rezone the property that is the subject of the application to an R-I-DA (Residential-One unit per acre with a development agreernent) zoning designation, after recordation of, and subject to the provisions of this Developrnent Agreernent. The ordinance will becorne effective after its passage, approval, and publication and the execution and recordation of this Developrnent Agreernent. ARTICLE II CONDITIONS OF DEVELOPMENT 2.1 The rnaxirnurn overall density of the property shall nOl exceed .94 unIls per a.:re. 2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for cornpletion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept rnay occur or be required. If the City determines that any such changes require additional public comment due to potential irnpacts on surrounding property or the cornrnunity, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as rnay be required by the City. 2.3 The development shall cornply with the Eagle City Code, as it exists in final forrn at the tirne a design review application is rnade, including cornpliance with all of the conditions as provided within this developrnent agreernent. 2.4 A letter of approval shall be provided to the City frorn the Eagle Sewer District indicating that the property has been annexed into the Eagle Sewer District's service boundaries and approving the final construction plans prior to submittal of the final plat application. 2.5 A copy of the recorded record of survey for the property line adjustment (Ada County File #200600188) shall be provided to the City prior to subrnittal of the final plat. Page 2 ut6 K:IPlanning DeptlEagle ApplicationslSUBSl2006lsylvan woods da.doc 2.6 Pay all fees associated with this developrnent agreernent prior to the City's execution of the developrnent agreernent. ARTICLE III AFFIDA VIT OF PROPERTY OWNERS 3.1 An affidavit of all owners of the Property agreeing to subrnit the Property to this Development Agreernent and to the provisions set forth in Idaho Code Section 67-651 IA and Eagle City Code Section 8-10-1 shall be provided and is incorporated herein by reference. ARTICLE IV DEFAULT 4.1 In the event the Applicant fails to comply with the comrnitments set forth herein, within thirty (30) days of written notice of such failure from Eagle, Eagle shall have the right, without prejudice to any other rights or remedies, to cure such default or enjoin such violation and otherwise enforce the requirements contained in this Development Agreernent or to terminate the Developrnent Agreernent following the process established in Eagle City Code Section 8-10-1. 4.2 If required to proceed in a court of law or equity to enforce any provision of this Developrnent Agreernent, Eagle shall be entitled to recover all direct out-of-pocket costs so incurred to cure or enjoin such default and to enforce the commitrnents contained in this Development Agreernent, including attorneys' fees and court costs. ARTICLE V UNENFORCEABLE PROVISIONS 5.1 If any term, provision, cornrnitrnent, or restriction of this Developrnent Agreernent or the application thereof to any party or circumstances shall, to any extent, be held invalid or unenforceable, the rernainder of this instrurnent shall terminate and the zoning of the property shall revert to the A-R (Agricultural Residential) zoning designation unless the portion of this instrurnent determined to be invalid or unenforceable is re-negotiated in good faith between the Applicant (or other appropriate party) and Eagle as an arnendrnent to the Development Agreement processed in accordance with the notice and heanng provIsIons of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. ARTICLE VI ASSIGNMENT AND TRANSFER 6.1 After its execution, the Developrnent Agreement shall be recorded in the office of the County Recorder at the expense of the Applicant. Each cornrnitment and restriction on the Page 3 of6 K:IPlanning DeptlEagle ApplicationslSUBSl2006lsylvan woods da.doc developrnent shall be a burden on the Property, shall be appurtenant to and for the benefit of the Property, adjacent property, and other residential property near the Property and shall run with the land. This Development Agreement shall be binding on the Applicant and owners, and their respective heirs, adrninistrators, executors, agents, legal representatives, successors, and assigns; provided, however, that if all or any portion of the development is sold, the sellers shall thereupon be released and discharged frorn any and all obligations in connection with the property sold arising under this Agreernent. The new owner of the Property or any portion thereof (including, without lirnitation, any owner who acquires Its interest by foreclosure, trustee's sale or otherwise) shall be liable for all cornrnitrnents and other obligations arising under this Agreernent with respect to the Property or portion thereof. ARTICLE VII GENERAL MA TIERS 7.1 Arnendrnents. Any alteration or change to this Developrnent Agreernent shall be rnade only after cornplying with the notice and hearing provisions of Idaho Code Section 67-6509, as required by Eagle City Code Section 8-10-1. 7.2 Paragraph Headings. This Developrnent Agreernent shall be construed according to its fair rneaning and as if prepared by both parties hereto. Titles and captions are for convenience only and shall not constitute a portion of this Developrnent Agreernent. As used in this Developrnent Agreernent, rnasculine, ferninine or neuter gender and the singular or plural nurnber shall each be deerned to include the others wherever and whenever the context so dictates. 7.3 Choice of Law. This Development Agreernent shall be construed in accordance with the laws of the State of Idaho in effect at the tirne of the execution of this Developrnent Agreement. Any action brought in connection with this Developrnent Agreernent shall be brought in a court of cornpetent jurisdiction located in Ada County, Idaho. 7.4 Legal Representation. Both the Applicant and Eagle acknowledge that they each have been represented by legal counsel in negotiating this Developrnent Agreement and that neither party shall have been deerned to have been the draftor of this agreernent. 7.5 Notices. Any notice which a party rnay desire to give to another party rnust be in writing and rnay be given by personal delivery, by rnailing the sarne by registered or certified rnail, return receipt requested postage prepaid, or by Federal Express or other reputable overnight delivery service, to the party to whorn the notice is directed at the address of such party set forth below; Eagle: City of Eagle 660 E. Civic Lane Eagle, Idaho 83616 Page 4 of 6 K:\Planning Dept\Eagle Applicatiolls\SU BS\1006\sylv'an woods OJ.,liD": Owner: Sylvan Wood I, LLC. 9256 S. Greenfield Road Gilbert, AZ 85234 Or such other address and to such other persons as the parties rnay hereafter designate. Any such notice shall be deerned given upon receipt if by personal delivery, forty-eight (48) hours after deposit in the United States rnail, if sent by rnail pursuant to the foregoing, or twenty- four (24) hours after tirnely deposit with a reputable overnight delivery service. 7.6 Effective Date. This Development Agreernent shall be effective upon the signing and execution of this agreernent by both parties. 7.7 Termination, This agreernent terminates upon cornpletion of Conditions of Developrnent or after 7-years after the Effective Date, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Development Agreement. DATED this _ day of ,2006. CITY OF EAGLE, a rnunicipal corporation organized and existing under the laws of the State of Idaho By: Nancy C. Menill, Mayor ATTEST: Sharon K. Bergrnann, City Clerk Page 5 of 6 K:IPlanning DeptlEagle ApplicationslSUBSl2006lsylvan woods da.doc By: (Sylvan Wood I, LLC. ) STATE OF IDAHO : ss. County of Ada) On this _ day of ,2006, before the undersigned notary public in and for the said state, personally appeared NANCY C. MERRILL, known or identified to me to be the Mayor of the City of Eagle and the person who executed the foregoing instrurnent on behalf of said City and acknowledged to rne that said City executed the sarne. IN WITNESS WHEREOF, I have hereunto set rny hand and seal the day and year first above written. Notary Public for Idaho Residing at: My Cornrnission Expires: ST ATE OF IDAHO ) : ss. County of Ada) On this _ day of , 2006, before the undersigned notary public in and for the said state, personally appeared , known or identified to me to be the owner of the property referenced herein. and the persons who executed the foregoing instrurnent. IN WITNESS WHEREOF, I have hereunto set rny hand and seal the day and year first above written, Notary Public for Idaho Residing at: My Cornrnission Expires: Page 6 of 6 K:\Planning Dept\Eagk Applicatioll.'i\SlIBS\20()()\sylv<ln \\oods JaJ(IC