Findings - CC - 2007 - CPA-3-06/A-09-06/RZ-10-06/PP-11-06 - Cpa From R1 Totr/From Rut To R2 With Da/Countryland Subd/17 Lot/6.6 Acre
IN THE MATTER OF AN APPLICA nON
FOR A COMPREHENSIVE PLAN MAP )
AMENDMENT, REZONE WITH DEVELOPMENT)
AGREEMENT AND PRELIMINARY PLAT FOR )
COUNTRY LAND EST A TES SUBDIVISION FOR )
JLJ ENTERPRISES, INC. )
OR/6//I;41..
BEFORE THE EAGLE CITY COUNCIL
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CPA-3-06/A-9-06/RZ-IO-06/PP-ll-06
The above-entitled Comprehensive Plan Amendment, Annexation, Rezone with development agreement.
and Preliminary Plat applications came before the Eagle City Council for their action on January 9. 2007.
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:
JLJ Enterprises Inc, represented by Van Elg of The Land Group Inc, is requesting a
Comprehensive Plan Map Amendment from Residential One (up to one unit per acre) to
Transitional Residential, an Annexation and Rezone from RUT (Ada County) to R-2-DA
(up to three units per acres with Development Agreement limiting it to 2 units per acre).
and preliminary plat for Countryland Subdivision, a 17 lot (12 buildable) residential
subdivision The 6.6-acre site is generally located 1/4 mile west of Ballantyne Road and 1/4
north of State Highway 44 at 2556 W. State Street.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, January 31, 2006, at 462 E. Shore Drive
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 19. 2006.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65.
Idaho Code and the Eagle City ordinances on May 30, 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 9, 2006. The site was posted on May 26, 2006. Requests for agencies'
reviews were transmitted on May 9,2006, in accordance with the requirements of the
Eagle City Code.
Notice of Public Hearing for the final recommendation by the Eagle Planning and Zoning
Commission on the above-entitled Comprehensive Plan Amendment. Annexation, Rezone
with development agreement, and Preliminary Plat applications by the Commission was
published in accordance for requirements of the Idaho Code and Eagle City Code on
October 9, 16, and 20, 2006, in the Idaho Statesman and in the Valley Times on October
9, 16, and 23, 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
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of Title 67, Chapter 6S, Idaho Code and Eagle City Code on July 20, 200S.
Notice of Public Hearing for all the Comprehensive Plan Amendments for the Eagle City
Council were published in accordance for requirements of Title 67, Chapter 65. Idaho
Code and the Eagle City ordinances on December 11, 18 &29, 2006. The site was posted
in accordance with the Eagle City Code on December 29, 2006.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:NONE
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
Existing Residential One (up to RUT (Ada County Designation) Existing house and
one dwelling units per outbuildings
acre maximum
Proposed Transitional Residential R-2-DA (Residential with a Residen ti al/C ommel'c ial
Development Agreement development
maximum of 1.82 units per acre)
North of site Residential One (up to R-l (Residential) Redwood Creek
one dwelling units per Subdivision
acre maximum
South of site Residential One (up to RUT (Ada County Designation) Single-family dwellings
one dwelling units per
acre maximum
East of site Residential Two (up to R-2 (Residential) Countryside Estates
Two dwelling units per Subdivision
acre maximum)
West of site Residential One (up to R-l (Residential) Timberland Subdivision
one dwelling units per
acre maximum
ADDITIONAL SITE DATA PROPOSED REQUIRED
(Under Ihe existing R-l designation would (for Ihe R-l Zone)
not be relevant if the CPA is approved)
Dwelling Units Per Gross Acre 1.82-units per acre 1 unit per acre
Minimum Lot Size 12,200-square feet 17,OOO-square feet
Minimum Lot Width 94- feet 2S-feet
Minimum Street Frontage 4 I-feet 3S-feet
Total Acreage of Landscaped Area .66-acres (28,750 square feet) 10% minimum
Percent of Site as Landscaped Area 11 % (excludes planter strips) 10% minimum
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G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H. TOTAL ACREAGE OF SITE: 6.60-acres
I. APPLICANT'S REQUEST FOR COMPREHENSIVE PLAN AMENDMENT:
See the letter date stamped by the City on April 19, 2006, submitted by the applicant's
representative. (Attached to the staff report)
J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE ANNEXATION AND
REZONE:
See the letter date stamped by the City on April 19, 2006, submitted by the applicant's
representative. (Attached to the staff report)
K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
The applicant has provided a draft copy of a development agreement with limited details
regarding the use of the property (see development agreement date stamped by the city on
April 19, 2006). Staff has recommended additional conditions to be placed within a
development agreement, as provided below under Staff Analysis Section "D" of the staff
report.
L. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (1) (4) (c) requires a minimum 75-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Open Space:
Will provide a total of 11 % of common area 10% minimum is required.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance has submitted street drainage
plans. 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) - No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
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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.
M. STREET DESIGN:
The applicant has proposed to connect W. Skywood drive east/west through the site from
the existing street stubs in Countryside Estates and Timberland Subdivisions. One cul-de-
sac is proposed to be constructed midway at 43S-feet (approximately) in length and end
within a SO-foot radius turn-around. An approximately 230-foot stub street is proposed to
the south to allow for the future redevelopment of the 6 acre parcel with a cul-de-sac.
The street is to be constructed with nine foot (9') wide landscape strips and five foot (5')
wide separated sidewalks on both sides of the roadway except in the cul-de-sac where a
five foot (5') attached sidewalk is shown.
Applicant's Justification for Private Streets (if proposed): None proposed, none permitted
Blocks Less Than SOO': None
Cul-de-sac Design:
The roadway serving the subdivision consists of one (1) cul-de-sac proposed to be
constructed at 43S-feet (approximately) in length and end within a SO-foot radius turn-
around. An approximately 230-foot stub street is proposed to the south to allow for the
future redevelopment of the 6 acre parcel with a cul-de-sac.
Sidewalks:
A five foot (5') wide detached concrete sidewalk with a 9-foot (9') planter strip is
proposed throughout the development except in the cul-de-sac where a five foot (S')
attached sidewalk is shown.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
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 Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
N. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian circulation will utilize the proposed detached sidewalks connecting this
development with the development to the east (Countryside Estates) and west
(Timberland).
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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.
O. PUBLIC USES PROPOSED: None
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek: no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
R. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The City has received a letter from the Central District Health Department stating the need
for connection to central water and waste water services. The site is not currently annexed
to the Eagle Sewer District. Annexation into the Eagle Sewer District's service boundaries
should be a condition of the development agreement. The project site is located within
United Water's certificated service area.
S. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
T. NON-CONFORMING USES:
The subject site currently has a shop located within five feet (S') of the proposed interior
side lot line and within required 30-foot front setback. The structure, if not removed.
would result in a non-conforming use.
U. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments which appear to be of special concern are noted below:
City Engineer: All comments within the Engineer's letter dated June 19, 2006, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Chevron Pipeline
DEQ
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Eagle Sewer District
Meridian School District
United Water
V. LETTERS FROM THE PUBLIC: None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. The subject property is currently zoned RUT with a Comprehensive Plan Land Use Map
designation of Residential One (up to one unit per acre).
Chapter 1 - Overview
1.3 The City of Eagle Vision Statement
In 1999, City of Eagle citizens envision their future town as a well-planned
community that encourages diversified living and housing opportunities,
economic vitality that offers jobs for residents, and places for people to recreate
and enjoy Eagle's natural beauty.
a. known as a highly livable town that successfully balances many of the rural
elements of its heritage with growth;
f. an economically strong city that fosters local businesses and clean industry.
Chapter 5 - Economic Development
5.1 Background
The economic development component of the Comprehensive Plan discusses the
economics and employment in Eagle. The city encourages appropriate economic
development while retaining those attributes that give Eagle its special living and
working environment.
5.5 Implementation Strategies
b. Encourage a diversity of uses in the Central Business District.
f. New commercial development outside of the Central Business District should
complement the Central Business District and Eagle's rural residential
identity.
g. Encourage commercial growth adjacent to the Central Business District and
discourage isolated commercial development in outlying areas.
Chapter 6 - Land Use
6.1 Background and Existing Conditions
Managing growth and channeling it into orderly community development is the
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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.
6.3 Land Use Designations
Residential One
Suitable primarily for single family residential development within areas that are
rural in character.
Residential Transition:
Residential development that provides for a transition of density within the
planning area while keeping in context the density, scaling and lot sizes of
existing or proposed uses. Commonly requires changes in lot dimensions and
scaling, see specific planning area text for a complete description.
6.7 Implementation Strategies
b. Establish land use patterns and zoning districts that do not exhaust available
services such as sewer, water, police, fire, recreational areas, highways and
transportation systems.
c. Provide for a broad spectrum of housing types including apartments,
townhouses, condominiums, single family attached, manufactured homes.
affordable and subsidized housing and large acreage developments.
r. Encourage a verity of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Chapter 12 - Community Design
12.2 Goal
Strive to create an aesthetically pleasing community and protect the unique natural
beauty and small town character of the City.
Chapter 13 - Implementation
13.5 Comprehensive Plan Amendments
From time to time, changing conditions will result in a need for comprehensive
plan amendments.
The Land Use Planning Act provides for amendment to the Comprehensive Plan.
The City Councilor any group or person may petition the City Planning and
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Zoning Commission for a plan amendment at any time. On its own initiative, the
City Planning and Zoning Commission may also originate an amendment to the
Comprehensive Plan. However, the City Planning and Zoning Commission may
recommend amendments to the Comprehensive Plan to the City Council not more
frequently than every six (6) months; however text amendments may be
recommended at any time.
13.7 Implementation Strategies
c. Any person applying for a Comprehensive Plan amendment shall submit a
justification letter for the amendment which shall include the following:
1. A specific description of the change being requested.
2. Specific information on any property involved.
3. A description of the condition or situation which warrants a change
being made in the Plan.
4. A description of the public benefit(s) that would occur from such a
change in the Plan and an explanation of why the public would need
any such benefit(s).
5. An explanation of why no other solutions to the condition or situation
which warrants a change in the Plan are possible or reasonable under
the current policies of the Plan.
6. A proposed development plan for any land involved if a specific
development is planned at the time the request for the amendment is
being made.
7. An analysis showing the estimated impact on infrastructure expected
to occur by any proposed change.
8. Any other data and information required by the City for their
evaluation of the request.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
ECC Section 8-1-2
Open Space
A common area platted as a separate lot, provided within a recorded easement. or
dedicated to and accepted by the City. The area shall be substantially open to the
sky, exclusive of streets, buildings and other covered structures, and shall be
designated and intended as a useable and convenient 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.
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Eagle City Code Section 8-2-1
Centralized water and sewer facilities are required for all subdivision and lot splits
applications submitted after the effective date hereof in all districts exceeding one
dwelling unit per two (2) acres (R-E).
ECC Section 8-2-4 Schedule Of Building Height And Lot Area Regulations.
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.
Eagle City Code Section 8-2A-7(J)(4)(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 (S) 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 (S') 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.
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
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 district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
· ECC Section 9-3-3 PEDESTRIAN WALKWAYS:
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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 heightand area regulations as set forth in section 8-2-4 of this code.
· ECC Section 9-3-6 EASEMENTS:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot
lines and side lot lines when deemed necessary. Total easement width shall
not be less than twelve feet (12').
· ECC Section 9-3-7 PLANTING STRIPS AND RESERVE STRIPS:
Planting strips and reserve strips shall conform to the following standards:
A. Planting StripslBuffer Areas: Planting stripslbuffer 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 striplbuffer area
shall not be a part of the normal street right of way and shall comply with all
landscapelbuffer 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 DistrictllR-2 IIR-3 IIR-41IR-s IIR-6-R-2SI
IOpen Space 1110%1110%1110%1110%1110% 1
· ECC Section 9-4-1-6 (A) & (B) PEDESTRIANIBICYCLE PATHWAY AND SIDEWALK
REGULATIONS:
A. Intent: The placement of pathways is intended to encourage non motorized
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:
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1. The city shall require the creation and maintenance of pathways,
(except in cases where it is shown to be inappropriate), that provides
access to adjacent:
a. Schools;
· ECC Section 9-4-1-8 UNDERGROUND UTILITIES
Underground utilities are required.
· ECC Section 9-4-1-12 LANDSCAPE BUFFER AREAS:
Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required
for the protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision
plats shall show the location of all buffer areas.
D. DISCUSSION:
· The applicant is requesting a change in the comprehensive plan land use map designation to
Residential Transition to allow for the rezone and development of the 6-acre site while
ensuring lot line compatibility to adjacent lots both within the R-2 zoning designation to the
east and the R-l zoning designation to the north and west.
· Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3))
within the 2000 Comprehensive Plan the applicant must show, "the condition or situation
which warrants a change being made in the plan." The justification letter submitted by the
applicant states that due to the size and narrowness a Transitional Residential designation is
appropriate to provide lot sizes that are commensurate with the lots to the east (R-2) and the
west (R-l).
· The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to
identify "the public benefit that would occur from such a change in the plan." The applicant's
justification letter generally states that approval of this development will remove an existing
access point to State Highway 44 and would support the Class Four access restriction of Y2
mile separation between access points on State Highways. Further, the development helps to
provide east/west connectivity on the local road system parallel to the Highway by connecting
the Timberland and Countryside Estates subdivisions.
· The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) asks for
"An explanation of why no other solutions to the condition or situation which warrants a
change in the Plan are possible or reasonable under the current policies of the Plan". The
applicant's reply in the justification letter states that larger lots with larger houses (as expected
in the R-I zone) would limit access to the site and could result in the development being
unable to provide a stub street to the 6-acre parcel to the south.
· The existing site is a pasture with a single home and associated outbuildings that takes direct
access to State Highway 44 (State Street ), a principle arterial, approximately 1050-feet west of
Ballantyne Lane. The approval of the proposed development would remove an existing access
to State Street and provide a southerly stub to the 6-acre parcel to the south allowing its access
to the highway be eliminated in the future when that parcel redevelops.
· The existing house and out buildings are currently located on three lots of the proposed
development. The intent is for the existing house to be retained in Lot 5, Block 2. All
structures that do not meet the standard setbacks of the R-3 zone should be removed prior to
final plat and demolition permits received for the City of Eagle Building Department.
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· The applicant should be required to provide a revised preliminary plat showing note #5
changed to reflect a rear lot line drainage and utility easement of 12-feet wide and a side lot
line drainage and utility easement of 6-feet wide on all lots prior to the submittal of the final
plat application.
· A minimum of 100-ft. from the centerline of State Highway 44 should be provided in a
separate lot for dedication to ITD to accommodate for future highway expansion.
· Lot 3, Block 2, should be developed with a meandering pedestrian pathway a minimum of six
feet (6') wide and access to the State Street corridor. An easement and/or dedicated pathway
should be developed along the west side of the subdivision between Lots 1 and 2, Block 2.
Fencing along the pathway should be limited to 4 feet in height.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
STAFF RECOMMENDATION FOR THE COMPREHENSIVE MAP AMENDMENT,
ANNEXA nON AND REZONE:
Based upon the information provided to staff to date, staff recommends approval of the requested
comprehensive plan map amendment from Residential One to Transitional Residential and the
requested rezone upon annexation with the conditions to be placed within a development agreement as
provided within the staff report.
STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Staff recommends approval with the site specific conditions of approval and the standard conditions of
approval 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 19.
2006. Testimony was taken, the public hearing was closed and tabled was for future action. The
Commission deliberated and made a recommendation on the application on October 30, 2006.
B. Oral testimony in opposition to the application was presented to the Commission by six (6) individuals
with the following concerns:
Mike McDonald, 2477 W. Concord. Property abuts this area of the application. Wonders why
they are not going back to one acre parcels. Has concerns with the road. Believes there are too
many houses for a small area. Opposes the application.
Joe King, 170 N. Sierra View Way, President of the Ballantyne Ditch Company. Has concerns
regarding the ditch. Lives in Redwood Creek. Is in opposition of the project.
Panida Lachman. Lives in Countryside Subdivision. Believes there will be an impact to the
traffic. Opposes the project.
Susan Madsen, 466 Clear Point Way, Countryside Subdivision. Has concerns about the traffic this
project will create. Believes the lot sizes should be larger. Has concerns that the tot lot in their
subdivision will be used by people that will be living in the proposed subdivision.
Jon Houssin, 2640 W. Timberland Court. Concerns with traffic and density of the proposal.
Would like to see speed bumps in the surrounding subdivisions. Hoping to see one acre lots.
Questions drainage issues. Would be in favor of the project if it has larger lots.
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Mike Wright, 2631 W. Sky Wood Drive. President of the HOA. There are 17 children in their
subdivision. Would like to see speed bumps used. Discusses the problems with drainage swales.
Has concerns with traffic.
C. Oral testimony in favor of the application was presented to the Commission by no one, except the
applicant.
D. Oral testimony neither in favor nor against the application was presented to the. Commission by three
(3) individuals with the following concerns:
John Sayer, 2ISl W. Forest Hill Court. Has concerns with the intersection at Ballantyne and
State. Believes that the road will be a cross street or short cut. Would like to see larger lots. Not
sure if he is opposed or for the project.
Janet Tudor, 229 N. Losta Canyon Lane. Would like some clarification on a vacant lot located
near her property, concerns with drainage.
Bill Chandler, 20S N. Lost Canyon Place. Property is to the east of this area. Has concerns with
traffic. Is not in favor of speed bumps. Has concerns regarding drainage.
COMMISSION DECISION:
The Commission voted S to 0 to recommend approval of CPA-3-06/A-9-06/RZ-1O-06/PP-ll-06
for Countryland Estates Subdivision with the site specific conditions of approval and standard
conditions of approval as shown within their findings of fact and conclusions of law document.
dated November 20, 2006.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the Council on January 9, 2007, at which time
testimony was taken and the public hearing was closed. The Council continued the item to January
16,2007 and made their decision 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:
Trevin Rasmussen, 18 N. Pinedale Way, stating concerns about the use of swales and water
rights for the development.
COUNCIL DECISION:
The Council voted 3 to O(Nordstrom absent) to approve CPA-3-06/A-9-06/RZ-1O-06/PP-II-06 for
Country land Estates Subdivision with the site specific conditions of approval and standard
conditions of approval as shown:
CONDITIONS TO BE PLACED WITHIN A DEVELOPMENT AGREEMENT:
2.1 The development shall contain no more that twelve (12) residential units.
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2.2 The development shall not exceed 1.82 units per acre.
2.3 All development within the Property shall be consistent with the Design Guidelines and
generally consistent with the Concept Plan attached hereto as Exhibit B (the "Concept
Plan"). The Concept Plan attached hereto describes the general nature and relative
location of certain elements for Country land Subdivision. The intent of the Agreement is
to allow sufficient flexibility at the time of detailed planning and platting while still
maintaining the general intent of the Concept Plan with the requirements set forth in this
Agreement.
2.4 All buildable lots along the western property line adjacent to Timberland Estates
Subdivision shall be a minimum of 17,000 sq. ft. in size.
2.5 All lots located along the western property line adjacent to Timberland Estates
Subdivision shall comply with the height and area regulations for the R-2 zone contained
in ECC 8-2-4.
2.6 All lots located along the eastern property line adjacent to Countryside Estates Subdivision
shall be a minimum of 12,223 sq. ft. in size.
2.7 All lots located along the eastern property line adjacent to Countryside Estates Subdivision
shall comply with the height and area regulations for the R-3 zone contained in ECC 8-2-
4.
2.8 The applicant shall obtain a license agreement from ITD to allow the right-of-way between
this property and the edge of pavement along State Highway 44 and the interior streets to
be landscaped prior to the City of Eagle signing the final plat.
2.9 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.
2.10 All structures (shops, barns, sheds, etc.) within the required setbacks for the R-3 zone shall
be removed prior to the clerk signing the final plat. Demolition permits shall be obtained
from the City of Eagle Building Department prior to the removal of the structures.
2.11 The septic system for the existing house located on Lot 5, Block 2 shall be abandoned
prior to the city clerk signing the final plat. Proper permits shall be obtained from prior
to the removal of the septic system and copies provided to the City of Eagle.
2.12 The landscape strip located between the curb and sidewalk shall not be used to store, treat.
or convey stormwater. All runoff shall be routed through pipes or curbing to the
designated storm treatment and containment areas.
2.13 The existing well for the existing house located on Lot 5, Block 2 shall be disconnected
from domestic use and certification from United Water of Idaho of connection to a
municipal system prior to the city clerk signing the final plat.
2.14 Lot 3, Block 1 shall be developed so to eliminated access to State Highway 44 and all
access to the development shall be taken from W. Skywood Drive.
SITE SPECIFIC CONDITIONS OF APPROVAL:
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1. Comply with all conditions within the development agreement for rezone application RZ-IO-06.
2. Comply with all applicable 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. The applicant shall be annexed into the Eagle Sewer District prior to the Council adoption of the
rezone ordinance for this property.
5. Provide a landscape plan showing berrning, fencing, and planting details within the required 75-foot
wide buffer area along State Highway 44 abutting this site for review and approval by the Design
Review Board prior to the submittal of a final plat.
6. Comply with all requirements of the Ada County Highway District, specifically (but not limited to)
roadway design and construction of sidewalks.
7. Provide a revised preliminary plat showing a plat note stating a rear lot line drainage and utility
easement of 12-feet wide and a side lot line drainage and utility easement of 6-feet wide on all lots
prior to the submittal of the final plat application.
8. 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 State Highway
44 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.
9. Extend the landscaping within the required buffer area along State Highway 44 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 lTD. The gravel shoulder area shall be
maintained and kept free of weeds and debris.
10. Provide a revised preliminary plat showing a dedication of 100 ft from the centerline of State Highway
44 to the Idaho Transportation Department.
11. Provide a revised preliminary plat and landscape plan showing Lot 3, Block 2 developed with a
meandering pedestrian pathway a minimum of six feet (6') and access to the State Street corridor. An
easement and/or dedicated pathway should be developed along the west side of the subdivision
between Lots 1 and 2 of Block 2. Fencing along the pathway should be limited to 4 feet in height.
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 l50c;i,
of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy perrnits 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 deterrnined 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
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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. Provide detailed building elevations of any structures proposed to house the pressurized irrigation
pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design
Review Board prior to the City Clerk signing the final plat.
IS. Useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos,
and/or similar amenities as determined by the City Council shall be provided within the open space
areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design
Review Board, prior to the City approving a final plat.
16. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall
show how the streetlights will facilitate the "Dark Sky" concept of lighting.
17. 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.
18. The applicant shall install at the entrances to Countryland 4' x 4' plywood or other hard surface signs
(mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3-feet above the
ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
19. Any overhead utilities serving the site shall be located underground.
20. All street names shall comply with the requirements of the Ada County Street Naming Committee.
21. The applicant shall place a note on the final plat that all common areas are to be owned and maintained
by the Countryland 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 for phase one. The CC&Rs for the Park Lane Estates
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.
22. All structures not contained within Lot 2 Block 1 and that do not meet the setbacks as established in
the Development agreement shall be removed prior to the City Clerk signing the final plat.
Demolition permits shall be obtained from the City of Eagle Building Department prior to the removal
of the structures.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
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4. Department of Environmental Quality approval of the sewer and water facilities is required prior to
the City Engineer signing the final plat (I.c. Title SO, Chapter 13 and I.c. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the final plat (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 31-380S, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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
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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, I,SOO gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and I,SOO 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.
IS. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or
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.
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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.
2S. 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 ISO% 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.
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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.
3S. 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-feel
above the ground) noticing the contractors to clean up daily, no loud music. and no dogs off leash.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on April 19, 2006.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on May 30, 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 9, 2006. The site was posted on May 26, 2006.
Requests for agencies' reviews were transmitted on May 9, 2006, in accordance with the requirements
of the Eagle City Code.
Notice of Public Hearing for the final recommendation by the Planning and Zoning Commission on
the above-entitled Comprehensive Plan Amendment, Annexation, Rezone with development
agreement, and Preliminary Plat applications by the Commission was published in accordance for
requirements of the Idaho Code and Eagle City Code on October 9, 16, and 20, 2006, in the Idaho
Statesman and in the Valley Times on October 9, 16, and 23, 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 6S, Idaho Code and Eagle City Code on July 20, 200S.
Notice of Public Hearing for all the Comprehensive Plan Amendments for the Eagle City Council were
published in accordance for requirements of Title 67, Chapter 6S, Idaho Code and the Eagle City
ordinances on December 11,18 &29, 2006. The site was posted in accordance with the Eagle City
Code on December 29,2006.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-IO-06) with
regard to Eagle City Code Section 8-7-S "Action by the Commission and Council", and based upon the
information provided concludes that the proposed rezone is in accordance with the City of Eagle
Comprehensive Plan and established goals and objectives because:
a. The requested zoning designations R-2-DA is consistent with the Transitional
Residential designation, the Goals and policies of the comprehensive plan and the
amended 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 any and all uses allowed on this property under the
proposed zone;
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c. The requested zoning designations R-2-DA is compatible with the R-2 zone (two units
per acre maximum) land use to the east because the use of transitional lots sizes
provide a similar number of lots within this development;
d. The proposed R-2-DA zone is compatible with the R-l zone (one unit per acre
maximum) land use to the west because the use of transitional lots sizes provide a
similar number of lots within this development;;
e. The proposed R-2-DA zone is compatible with the RUT zone (Ada County
Designation) land use to the south because if provides a similar opportunity for that
parcel to develop at similar intensities;
f. The proposed R-2-DA zone is compatible with the R-l zone (one unit per acre
maximum) land use to the north because the use of transitional lots sizes provide a
similar number of lots within this development; ;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
h. No non-conforming uses are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-ll-
06) 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, 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. That there are no known capital improvement programs for which this development
would prevent continuity;
4. That based upon agency verification and additional written comments 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.
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DA TED this 13th day of February 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
AQ[~~ ~
- SharoncK. Bergmann, Eagle City Cle k
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Page 22 of 22
K:IPlanning DeptlEagle ApplicationslSUBSl2006lCountryland ccfdoc