Findings - CC - 2007 - A-09-07/RZ-11-07/PP-12-07 - Annex 27 Acres/Rz From Rut To Re-Da/Tranquil Estates/3 Lot/7 Acre/2141 Wblr ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE FROM )
RUT TO R-E-DA AND PRELIMINARY PLAT )
FOR TRANQUIL ESTATES SUBDIVISION )
FOR GARY AND JANETTE DREW )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-09-07/RZ-11-07&PP-12-07
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle City
Council for their recommendation on June 24, 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:
Gary and Janette Drew, represented by Angela Comish, are requesting an annexation of
twenty seven (27) acres, to rezone the property from RUT (Rural Urban Transition — Ada
County designation) to R-E-DA (Residential, one unit per two acres with a Development
Agreement) and preliminary plat approval for Tranquil Estates Subdivision, a three (3) lot,
seven (7) acre subdivision (only a portion of the site is proposed for development at this
time). The twenty seven (27) acre site is located on the southwest intersection of North
Ballantyne Lane and West Beacon Light Road at 2141 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, April 11, 2007 at the location of the
proposed development(2141 Beacon Light Road) 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 25, 2007.
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 Code on May 21, 2007. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on May 15, 2007. Requests for agencies' reviews were transmitted on May 4, 2007,
in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on June 7, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on June 9, 2007. 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 July 5, 2007.
The site was posted in accordance with the Eagle City Code on July 13, 2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None
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E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT(if
applicable):
The City is requesting a development agreement to ensure the development of the property
is consistent with the Comprehensive plan and vision of the City of Eagle.
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Estates RUT(Rural Urban Transition Single family residential,
- Ada County designation) Agricultural
Proposed No Change R-E-DA (Residential Estates- Single family residential
up to two units per acre
maximum with a
development agreement)
North of site Residential Rural RUT(Rural Urban Transition Single family residential,
-Ada County designation) Agricultural (Buckhorn
Estates No. 1)
South of site Residential Estates RUT(Rural Urban Transition Single family residential,
- Ada County designation) Agricultural (Kensington
Meadows Subdivision)
East of site Residential Estates R-E(Residential Estates - up Single family residential
to two units per acre (Hoffman Subdivision No.
maximum) 1)
West of site Residential Estates RUT(Rural Urban Transition Single family residential,
- Ada County designation) Agricultural (Hoffman
Subdivision No. 2)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
SITE DATA:
Total Acreage of Site-27-acres(total to be annexed and rezoned)
7-acres (total to be platted at this time)
Total Number of Lots -3
Residential - 3
Total Number of Units-3
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Single-family -3
Total Acreage of Any Out-Parcels - Seven (7) of the twenty seven (27) acres proposed for
annexation and rezone are proposed to be developed at this time. The applicant has provided staff
with a concept plan for future development of the remaining twenty(20)acres.
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1-unit per 2 acres 1-unit per 2 acres maximum
Minimum Lot Size 78,408-square feet(1.8-acres) 1.8-acres
Minimum Lot Width 219.76-feet 100-feet
Minimum Street Frontage 219.76-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
iPercent of Site as Common Area 0% 0% required in the R-E zone
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
According to the preliminary plat date stamped by the City April 25, 2007, the applicant
is proposing a fifty foot (50') wide landscaped buffer area and sidewalk on the south side
of West Beacon Light Road adjacent to the north boundary of the proposed subdivision.
The applicant is also proposing a five foot (5') wide sidewalks detached by an eight foot
(8')wide landscape strip along one side of the proposed internal road (Wyatt Avenue).
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 that 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').
Fire Hydrants and Water Mains:
The preliminary plat date stamped by the City on April 25, 2007, does not show any fire
hydrants. Fire hydrants should be installed and approved as required by the Eagle Fire
District.
On-site Septic System(yes or no)—No
Pressurized Irrigation:
The applicant has proposed to modify the existing pressurized irrigation system to serve
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the development.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B) 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. Numerous mature trees exist on the property and have been
evaluated by the City Forester.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
K. STREET DESIGN:
Public Streets:
According to the preliminary plat date stamped by the City on April 25, 2007, there will
be an entrance to the development from West Beacon Light Road. The proposed internal
public road (Wyatt Avenue) is fifty four feet (54') wide and extends 600-feet
(approximately), terminating with a fifty foot (50') radius cul-de-sac at the southeast
section of the proposed subdivision.
Blocks Less Than 500': None
Cul-de-sac Design:
One (1) fifty foot(50') radius cul-de-sac is proposed to be located at the southeast section
of the proposed subdivision.
Sidewalks:
According to the preliminary plat date stamped by the City on April 25, 2007, the
applicant is proposing a five foot (5') wide detached sidewalk on one side of the internal
public road (Wyatt Avenue). The applicant is also proposing a five foot (5') wide
detached sidewalk along West Beacon Light Road adjacent to the north boundary of the
property.
Curbs and Gutters:
Six inch (6")rolled curb and gutters are proposed.
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
lighting shall be completed before the final plat approval.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
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Pedestrian Walkways:
Other than the above mentioned sidewalks, the preliminary plat date stamped by the City
on April 25, 2007, shows no other proposed pathway system.
Bike Paths:
Per Eagle City Code Section 9-4-1-7 a bicycle pathway shall be provided within all
subdivisions as part of the public right-of-way or separate easement, as may be specified by
the city council.
M. PUBLIC USES PROPOSED: None
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is serviceable by United Water and the Eagle Fire Department.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -No
Evidence of Erosion -No
Fish Habitat-No
Floodplain -No
Mature Trees -Yes
Riparian Vegetation-No
Steep Slopes -No
Stream/Creek: Yes (drainage ditch)
Unique Animal Life-No
Unique Plant Life-No
Unstable Soils -No
Wildlife Habitat-No
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
R. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern,are noted below:
City Engineer: All comments within the engineer's letter dated May 25, 2007, are of
special concern(see attached).
City Forester: All comments within the forester's letter dated May 10, 2007, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Chevron Pipeline
Department of Environmental Quality
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Eagle Fire Department
Idaho Department of Lands
United Water Company
S. 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 Comprehensive Plan Land Use Map designates this site as Residential Estates:
Suitable primarily for single family residential development within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one(1) unit per two (2)acres.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Log Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.)G Lot
And H* Width I*
R-E 135' 150' 30' 20' 35' 20% 111.8 acres 100'
• Eagle City Code Section 8-2A-7 J(4)(b)Major Roadways:
a. Any road designated as a minor arterial on the Ada County long range highway
and street map:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred(100) linear feet of right of
way: five (5) shade trees, eight(8) evergreen trees, three (3) flowering ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted
with two (2) flowering/ornamental trees, provided that not more than fifty percent
(50%)of the shade trees are substituted.
A minimum five foot(5')high, maximum eight foot(8')high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet(3')horizontal distance to one foot(I')vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot(4')wide flat area shall be provided for the placement of the decorative wall.
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Chainlink, 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:
• 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 9-4-1-6 (F)Sidewalk Design:
1. Sidewalks, a minimum five feet(5') wide, shall be required on both sides of the street;
except, that where the average width of lots, as measured at the street frontage line or
at the building setback line, is over one hundred feet (100'), sidewalks on only one
side of the street may be allowed.
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.
4. Trees shall be placed at the front of each lot generally located on each side lot line.
Minor variations to the location of a tree may be considered by the design review
board during the review of the subdivision landscape plan.
5. If sidewalk is required on one side of each street only (as provided for in subsection
F1 of this section), then the trees on the side of the street with no sidewalk shall be
placed within five feet(5')of the edge of roadway.
6. In zoning districts which prohibit densities greater than one dwelling unit per two (2)
acres and at the council's discretion, a four foot (4') wide striped path (with
pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on
both edges of all internal roadways may be permitted in lieu of constructing
sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. (Ord.
420, 5-21-2002)
• Eagle City Code Section 9-4-1-11: Fire Hydrants and Water Mains:
Adequate fire protection shall be required in accordance with the appropriate fire
district standards. (Ord. 88, 11-15-1983)
• Eagle City Code Section 9-4-1-9(C)(1): Pressurized Irrigation Facilities:
For any new subdivision and/or PUD,to be provided with a public water system and
containing more than four(4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the city council.
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• Eagle City Code 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. (Ord. 420, 5-21-2002)
D. DISCUSSION:
• The applicant is requesting an annexation and rezone to R-E-DA (up to one unit per two acres
maximum) of twenty seven (27) acres located on the southwest section of West Beacon Light
Road and North Ballantyne Lane. The applicant is also requesting a preliminary plat for
Tranquil Estates, a three (3) lot subdivision on seven (7) of the above mentioned twenty seven
(27) acres. The proposed subdivision will have lot sizes ranging from 1.8-acres to 2.12-acres
and will comply with the 1.8-acre minimum lot size requirements for the R-E zone. The
subdivision design complies with the technical requirements(or will pursuant to the conditions
outlined herein)of Eagle City Code.
• The Eagle Comprehensive Plan Land Use Map designates the property as Residential Estates
with a density not to exceed one (1) unit per two acres. The proposed Tranquil Estates
Subdivision includes three (3) residential lots with an overall density of one (1) unit per two
(2)gross acres.
• According to the narrative provided by the applicant to the City date stamped April 25, 2007,
central water services are not available to the Property. However, according to a letter
provided by United Water and date stamped by the City on May 8, 2007, the property is
serviceable by United Water from a twelve inch (12")water main located on North Ballantyne
Lane at the southeast corner of the property. As recommended in the development agreement
for this site, all existing homes and all homes to be constructed within the entire twenty seven
(27)acre site shall be required to connect to central water services (United Water Company).
• Eagle City Code requires that any new subdivision containing more than four (4) lots shall be
provided with a pressurized irrigation system and that a pressurized irrigation plan shall be
provided to the City for review by the City Engineer. The preliminary plat provided by the
applicant contains only three (3) lots, however a concept plan date stamped by the City on
April 25, 2007, shows how the entire twenty seven (27) acre parcel could be developed in the
future with a total of eleven (11) lots. As recommended in the development agreement, the
applicant should provide documentation showing the existing water right for the entire twenty
seven (27) acre property, how the water right will be transferred and divided up among the
various lots, and a pressurized irrigation plan to the City for review and approval by the City
Engineer prior to the City Council approving the preliminary plat.
• According to the preliminary plat date stamped by the City on April 25,2007, a fifty foot(50')
wide buffer area within an easement is proposed along the north section of the property
adjacent to West Beacon Light Road. However, the buffer is not shown to be bermed or
landscaped in compliance with Eagle City Code. The applicant should provide a landscape
plan that shows the fifty foot(50') wide buffer area adjacent to West Beacon Light Road to be
bermed and landscaped in accordance with Eagle City Code. The landscape plan should be
reviewed and approved by the Design Review Board prior to the submittal of a final plat
application.
• According to the preliminary plat date stamped by the City on April 25, 2007, the required
five foot (5') wide sidewalk adjacent to West Beacon Light Road is not shown to be
meandering. The applicant should provide a revised preliminary plat that shows the sidewalk
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adjacent to West Beacon Light Road to be slightly meandering in compliance with ADA
requirements. The revised preliminary plat should reviewed and approved by staff prior to the
submittal of a final plat application.
• According to the preliminary plat date stamped by the City on April 25, 2007, the internal
sidewalk is shown to be separated from the proposed internal road (Wyatt Avenue) by a
"parkway", which is not shown to be landscaped. The City requires that all sidewalks be
separated from the road by an eight foot (8') wide landscaped strip containing a variety of
street shrubs, trees and grass. The applicant should provide a revised preliminary plat that
shows the internal sidewalk system to be separated from the road by an eight foot (8') wide
landscaped strip. The revised preliminary plat should be reviewed and approved by the staff
prior to the submittal of a final plat application.
• According to the preliminary plat date stamped by the City on April 25, 2007, the applicant is
proposing a five foot (5') wide detached sidewalk that extends along the west side of the
proposed internal road (Wyatt Avenue). The plat shows the sidewalk terminating at the
southern section of the proposed cul-de-sac. The applicant should provide a revised
preliminary plat that shows the internal sidewalk extending around the complete cul-de-sac
and along the east portion of Wyatt Avenue terminating with the road at the Feng-Ling Wang
property. The revised preliminary plat should be reviewed and approved by staff prior to the
submittal of a final plat application.
• According to the preliminary plat date stamped by the City on April 25, 2007, there are two
existing structures that do not meet the City's setback requirements. An existing garage
structure is located on Lot 1, Block 1 which encroaches within ten feet(10') of the street side
property line to the south. Eagle City Code requires all structures to be set back at least thirty
five feet (35') from the street side property line within the R-E zone. An existing shed
structure is located on Lot 3, Block I approximately sixteen feet(16') from the property line to
the south. Eagle City Code requires a twenty foot (20') minimum setback from the side yard
property line within the R-E zone. The applicant should provide a revised preliminary plat
that shows all existing structures to be in compliance with the City's setback requirements.
The revised preliminary plat should be reviewed and approved by staff prior to the submittal
of a final plat application.
STAFF RECOMMENDED FINDINGS:
• Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided to staff to date, staff believes that the
proposed rezone is in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R-E-DA (Residential- one unit per 1.8-acres with
a development agreement) is consistent with the Residential Estates 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-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the RUT (Rural Urban Transition -
Ada County designation) land use to the north since that area is being developed in a
similar manner as this development, and;
d. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
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agreement) zoning designation is compatible with the RUT (Rural Urban Transition -
Ada County designation) zone and land use to the south since that area could be
developed with lots of similar size in the same manner at a later date;
e. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the RUT (Residential Urban
Transition - Ada County designation) land use to the west since that area is being
developed in a similar manner as this development, and;
f. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the R-E-DA (Residential-up to one
unit per two acres with a development agreement) zone and land use to the east since
that area will be developed with lots of similar size;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
• 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, and water; 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 United Water Company as conditioned herein, there is adequate
public financial capability to support the proposed development;
5. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone,and Preliminary Plat with conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
June 18, 2007, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission from no one(not including the applicant/representative).
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C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by Cheryl Bloom (representing herself, Bob Hamlin and the Kensington
Meadows HOA) who expressed concerns that an adjacent property owner was not notified,
that the density was too high, subdivisions shouldn't be re-subdivided, and that the
development would create water access issues. Oral testimony was also taken from Matt
Drown who was concerned about future development on the proposed annexed land and how
access would be achieved.
COMMISSION DECISION:
The Commission voted 3 to 1 (McCarrell absent, Pierce against)to recommend denial of A-09-07,
RZ-11-07 for an annexation and rezone from RUT to R-E-DA.
Further, the Commission voted 3 to 1 (McCarrell absent, Pierce against) to recommend denial of
PP-12-07 for a preliminary plat for Tranquil Estates Subdivision.
The above recommendations for denial were based on the following concerns:
1. The proposed subdivision was poorly designed
2. The proposed cul-de-sac was unnecessary and in an undesirable location
3. Lack of a well thought out concept plan for the future development of the complete twenty
seven (27)acres proposed to be annexed and rezoned.
PUBLIC HEARING OF THE COUNCIL
A. A public hearing on the application was held before the City Council on July 24, 2007, at
which time testimony was taken and the public hearing was closed. The Council made their
recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the City Council from no one (not
including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by Sheryl
Bloom who was concerned about density and irrigation/ditch issues on the applicant's property
and adjacent properties.
COUNCIL DECISION REGARDING THE REZONE AND DEVELOPMENT AGREEMENT:
The Council voted 3 to 0 (Nordstrom absent) to approve of A-09-07 and RZ-11-07 for an annexation and
rezone from RUT to R-E-DA with the following conditions to be placed within a development agreement
with underlined text to be added by the Council.
CONDITIONS TO BE PLACED IN A DEVELOPMENT AGREEMENT:
2.1 Applicant will develop the Property subject to the conditions and limitations set forth in
this Development Agreement. Further, the applicant will submit such applications
regarding design review, preliminary and final plat reviews, and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the
Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
2.2 The density for the Property shall not exceed 1 dwelling unit per 2 acres.
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2.3 The applicant shall provide documentation showing the existing water right for the entire
twenty seven(27) acre property, how the water right will be transferred and divided up
among the various lots, and a pressurized irrigation plan to the City for review and
approval by the City Engineer prior to the City Council approving the preliminary plat.
2.4 All existing homes and all homes to be constructed within the entire twenty seven (27)
acre site shall be required to connect to central sewer services (Eagle Sewer District)as
those services become available.
2.5 All existing homes and all homes to be constructed within the entire twenty seven (27)
acre site shall be constructed with sewer stubs to be located at the foundation of the house,
on the street side.
2.6 All existing homes and all homes to be constructed within the entire twenty seven (27)
acre site shall be required to connect to central water services(United Water Company).
2.7 The applicant shall provide a letter from the Farmer's Union Canal Company approving of
any construction plans involving the relocation or construction of irrigation facilities
currently accessing the site and under the purview of the Company, prior to the approval
of the final plat
COUNCIL DECISION REGARDING THE PRELIDIINARY PLAT:
The Council voted 3 to 0 (Nordstrom absent) to approve PP-12-07 for a preliminary plat for Tranquil
Estates Subdivision with the following staff recommended site specific and standard conditions of
approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-11-
07.
2. 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.
3. Comply with all requirements of the City Engineer.
4. Provide a revised preliminary plat that shows the sidewalk along West Beacon Light Road to
be meandering and detached at least nine feet (9') from the edge of the road in compliance
with ADA requirements. The revised preliminary plat shall be reviewed and approved prior to
the submittal of a final plat application.
5. Provide a revised preliminary plat that shows any section of the internal road (Wyatt Avenue)
that does not have a sidewalk to have a designated four foot (4') wide striped pedestrian
walkway. The revised preliminary plat shall be reviewed and approved by staff prior to the
submittal of a final plat application.
6. Provide a revised preliminary plat that shows a landscaped island (10'radius) to be placed at
the center of the proposed cul-de-sac. The revised preliminary plat shall be reviewed and
approved by staff prior to the submittal of a final plat application.
7. Provide a landscape plan that shows the fifty foot (50') wide buffer area adjacent to West
Beacon Light Road to be bermed and landscaped in accordance with Eagle City Code. The
landscape plan shall be reviewed and approved by the Design Review Board prior to the
submittal of a final plat application.
8. The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing perimeter fencing (if proposed), street trees, common area
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landscaping, and berming, fencing, and planting details for review and approval by the Design
Review Board prior to the submittal of a final plat application.
9. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of the street. Trees
shall be placed at fifty foot (50') to seventy five foot (75') intervals at the front of each lot
generally at each side property line and the drive aisles, or as approved by the Design Review
Board. The trees shall be located between eight feet (8') and a maximum of twenty feet (20')
from the edge of the roadway as recommended by the City Forester in collaboration with the
applicant. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the
cost of the installation of all landscape and irrigation improvements. Trees shall be installed
prior to obtaining any occupancy permits for the dwelling units. A temporary occupancy may
be issued if weather does not permit landscaping.
10. Comply with all requirements of the City Forester that are deemed appropriate by the Design
Review Board.
11. Provide a revised preliminary plat that shows all existing structures that are to remain to be in
compliance with the City's setback requirements for the R-E zone. The revised preliminary
plat shall be reviewed and approved by staff prior to the submittal of a final plat application.
12. 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.
13. Place a note on the final plat that the irrigation system will be maintained by the homeowner's
association. A statement shall also be placed in the CC&Rs that one homeowner's association
shall maintain, in perpetuity, the irrigation system. The CC&Rs shall be reviewed and
approved by the City Attorney prior to the City Clerk signing the final plat.
14. Provide a statement in the CC&Rs that states that the homeowner's association will be
responsible for creating and maintaining a use schedule for the irrigation system. The CC&Rs
shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final
plat.
15. Provide a letter from the Farmer's Union Canal Company approving of any construction plans
involving the relocation or construction of irrigation facilities currently accessing the site and
under the purview of the Company, prior to the City Clerk signing the final plat.
16. All overhead utilities on the site shall be removed and placed underground, prior to the
issuance of any building permits for the site.
17. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
18. 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.
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
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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(I.C. Title 50, 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 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
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12. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities,the covenants and restrictions,homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
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walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable)prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
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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:
1. The annexation, rezone and preliminary plat applications for this item were received by the City of
Eagle on April 25, 2007.
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
Code on May 21, 2007. Notice of this public hearing was mailed to property owners within three-
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on May 15, 2007. Requests for agencies' reviews were
transmitted on May 4, 2007, in accordance with the requirements of the Eagle City Code. The site was
posted in accordance with the Eagle City Code on June 7, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance for
requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 9, 2007.
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 July 5, 2007. The site was posted in accordance with the Eagle City Code on July 13,
2007
3. The City Council reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-09-07/RZ-11-07) with regard to Eagle City Code Section 8-7-5 "Action by the Commission
and Council", and based upon the information provided concludes that the proposed annexation and
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
h. The requested zoning designation of R-E-DA (Residential- one unit per 1.8-acres with
a development agreement) is consistent with the Residential Estates designation as
shown on the Comprehensive Plan Land Use Map;
i. The information provided from the agencies having jurisdiction over the public
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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;
j. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the RUT (Rural Urban Transition -
Ada County designation) land use to the north since that area is being developed in a
similar manner as this development, and;
k. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the RUT (Rural Urban Transition -
Ada County designation) zone and land use to the south since that area has the same
comprehensive plan land use map designation and could be developed with lots of
similar size and in the same manner at a later date;
I. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the RUT (Residential Urban
Transition -Ada County designation) land use to the west since that area has the same
comprehensive plan land use map designation and could be developed with lots of
similar size and in the same manner at a later date;
m. The proposed R-E-DA (Residential- one unit per 1.8-acres with a development
agreement) zoning designation is compatible with the R-E-DA (Residential-up to one
unit per two acres with a development agreement) zone and land use to the east since
that area will be developed with lots of similar size;
n. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area"as described within the Comprehensive Plan; and
4. The City Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-12-07) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions)because:
a. The requested preliminary plat complies with the density of the approved zoning designation
of R-E-DA (Residential 1-unit per 2-acres maximum with a Development Agreement); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan and will provide
the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area since these will be large two (2)acre
lots; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served by central sewer from the Eagle Sewer District and will use public water
to be served from United Water. Fire protection will be available from the Eagle Fire District
and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved by the
highway district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the required
public improvements have been installed on site, or are expected to be installed with the
development of individual lots as conditions of approval; and
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g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of preliminary
and/or final plat approval as set forth within the conditions of approval above.
DATED this 146 day of August 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada CCouuntyy,, Idaho
---0O2---_
Nancy C. Merrill, Mayor ••.•••••P(jLE•/��'a
�•• dc 6*PTE.
ATTEST: 6+ �O
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Sharon Bergmann, Eagle City ��~ �**., STA 'c
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