Findings - PZ - 2007 - A-11-07/RZ-14-07/PP/FP-01-07 - Rz From Rut To A-R-Da/5-Lot/26.22 Acre/1964 W. Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
WITH DEVELOPMENT AGREEMENT )
FROM RUT TO A-R-DA AND COMBINED )
PRELIMINARYI FINAL PLAT FOR VIGNE )
D' AQUILA SUBDMSION FOR AQUILA LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-ll-071RZ-14-07 & PPIFP-OI-07
The above-entitled Annexation, Rezone with a development agreement, and Combined Preliminary
PlatlFinal Plat applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 6, 2007, at which time public testimony was taken and the public hearing was
closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Aquila LLC, represented by Doug Russell with The Land Group, Inc., is requesting
annexation and rezone with development agreement from RUT (Rural Urban Transition)
to A-R-DA (Agricultural-Residential- up to one (I) unit per five (5) acres with a
development agreement) and combined preliminary plat and final plat approval for Vigne
d' Aquila Subdivision, a five (5) - lot residential subdivision. The 26.22-acre site is
generally located on the northeast comer ofN. Ballantyne Road and W. Beacon Light
Road at 1964 W. Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site on April 12, 2007, at 6:00 PM, in compliance
with the application submittal requirement of Eagle City Code. The annexation, rezone
and preliminarylfinal plat applications for these items were received by the City of Eagle
on June 11,2007.
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 June 25, 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 June 22, 2007. The site was posted in accordance with the Eagle City Code on
July 25, 2007. Requests for aaencies' reviews were transmitted on June 18, 2007, in
accordance with the requirements of the Eagle City Code.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On June 19, 2007, the Eagle City Council adopted Resolution No. 07-14, recognizing the
Eagle Wine District Overlay (EWD) located within the Western Snake River Plain
Viticultural District. This property is located within the EWD Overlay District.
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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:
COMPPLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Rural Residential (up RUT (Rural Urban Transitional- One (I) single-family
to one dwelling unit Ada County designation) home and accessory
per five acres) structures
Proposed No Change A-R-DA (Agricultural-Residential Residential subdivision
with a development agreement) consisting of five (5)
lots
North of site Rural Residential (up RUT (Rural Urban Transitional- One (I) single-family
to one dwelling unit Ada County designation) home, accessory
per five acres) structures and pasture
South of site Residential Estate (up R-E (Residential Estates - up to one Three (3) single-family
to one dwelling unit unit per two acres) and RUT homes and accessory
per two acres) (Residential - Ada County structures
designation)
East of site Rural Residential (up RUT (Rural Urban Transitional- One (I) single-family
to one dwelling unit Ada County designation) residence, accessory
per five acres) structures and pasture
West of site Rural Residential (up RUT (Rural Urban Transitional- Two (2) single-family
to one dwelling unit Ada County designation) homes within Buckhorn
per five acres) Estates Subdivision
H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 26.22-acres
Total Number of Lots - 5
Commercial - 0
Industrial - 0
Common - 0
Total Number of Units - 5
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .19-units per acre I-unit per five acres (.20-units
per acre maximum)
Minimum Lot Size 5.l5-acres (224,368 sq. ft.) 4.70-acres (204,732 sq. ft.)
Minimum Lot Width 190- feet (approx.) I 00- feet
Minimum Street Frontage I 65.24-feet 35-feet
Total Acreage of Common Area O-acres O-acres (not required in the A-
(measured as total landscaping of R zoning district)
the entire site)
Percent of Site as Common Area 0% 0% (not required in the A-R
(measured as total landscaping of zoning district)
the entire site)
J. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is not proposing to install the required landscape buffering per Eagle
City Code adjacent to N. Ballantyne Lane and W. Beacon Light Road. As required by
Eagle City Code Section 8-2A-7(J)( 4)(a), the applicant is required to construct a
thirty-five-foot (35') wide buffer along N. Ballantyne Lane and as required by Eagle
City Code Section 8-2A-7(J)(4)(b), the applicant is required to construct a fifty foot
(50') wide buffer area along W. Beacon Light Road. Since the applicant is proposing
to plant wine grape vineyards within the subdivision adjacent to N. Ballantyne Road
the applicant intends to propose and submit an Alternative Method of Compliance
application along with the Design Review application for the site for relief from the
buffer requirements. The alternative method of compliance regarding buffering,
fencing and landscaping details, including any proposed pump houses for irrigation,
are required for be reviewed and approved by the Design Review Board and City
Council prior to the City Clerk signing the Final Plat.
Open Space:
Because this subdivision will be located within the A-R zoning district, a minimum
amount of open space is not required, and none is proposed.
Storm Drainage and Flood Control:
The applicant should demonstrate that the storm water from individual lots is handled
by a storm drainage facility or the applicant should place a note on the final plat
stating all storm water from the individual lots is to be retained on the individual lots
per Eagle City Code 9-4-1-10. This should be completed prior to the City Clerk
signing the final plat.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires twelve-foot (12') wide utility easements shall
be provided along all exterior boundaries of the subdivision.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District.
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On-site Septic System (yes)-
Since sewer is not located in proximity to the site and the proposed lots are greater
than five (5) acres in size all homes with in the development will be served by
individual septic systems.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add
value to residential development and enhance the attractiveness of the community
(such as trees, watercourses, historic spots and similar irreplaceable assets) shall be
preserved in the design of the subdivision. The existing trees, which are located
around the existing structures and along the Farmer's Union Canal on site, are
proposed to be preserved.
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:
Private or Public Streets:
The applicant is not proposing new streets since N. Ballantyne Lane will provide
frontage to the proposed lots.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
An eight foot (8') wide pathway is proposed adjacent to N. Ballantyne Lane. There is
no pathway or sidewalk proposed adjacent to W. Beacon Light Road.
Curbs and Gutters:
The applicant is not proposing the construction of curbs and gutters adjacent to N.
Ballantyne Lane or W. Beacon Light Road in order to achieve the appearance typical
of vineyards in the western region of the United States.
Lighting:
Lighting for the proposed subdivision 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 prior to the City Clerk signing the final plat.
Street Names: No new streets are proposed with this application.
L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pathways: The applicant is proposing an eight foot (8") wide pathway adjacent to N.
Ballantyne Lane.
Bike Paths: None proposed.
M. PUBLIC USES PROPOSED: None proposed.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters have not been received from the Eagle Fire Department and Eagle Sewer District.
Central District Health Department provided correspondence date stamped by the City on
July 2, 2207, indicating that they will require a subdivision application and full
engineering report prior to providing a recommendation regarding the proposed
subdivision. The development will be provided potable water by individual wells.
P. NON-CONFORMING USES:
Based upon the information available and the recommended conditions within the
development agreement, the proposed rezone will not create any non-conforming issues
with regard to provisions of the Eagle City Code.
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees - Yes, around the existing structures and along Farmers Union Canal
Riparian Vegetation - Yes, along the pond in the southern portion of the site
Steep Slopes - No
Stream/Creek - Farmers Union Canal
Unique Animal Life - No
Unique Plant Life - No
Unstable Soils - No
Wildlife Habitat - No
Historical Sites - No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required.
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff
report. Comments, which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letters dated July 3, 2007, are of
special concern (see attached to the staff report).
Central District Health
Chevron Pipeline
Compass-Community Planning Association
Department of Environmental Quality
Eagle Fire Department
T. COMMENTS FROM THE CITY FORESTER (attached to the staff report):
Tree valuations from Julie Lafferty, City Forester, dated July 3, 2007.
U. LETTERS FROM THE PUBLIC: None received to date.
V. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the development in one phase.
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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 "Rural Residential";
Suitable primarily for single family residential development on large acreages which may
be in transition from agricultural to residential use or may combine small scale
agricultural uses with residential uses. Maximum density of up to I unit per 5 acres.
Chapter 6 - Land Use
6.7 Implementation Strategies
a. Preserve the natural features and resources of Eagle.
b. Establish land use patterns and zoning districts that do not exhaust available services
such as sewer, water, police, fire, recreational areas, highways and transportation
systems.
J. Farm related uses and activities should be protected from land use conflicts or
interference created by residential, commercial, or industrial development. The Idaho
Right To Farm Act should be promoted.
Chapter 8 - Transportation
8.6 Implementation Strategies
I. Encourage street lighting to increase roadway and neighborhood safety while
preserving a rural environment free of any unnecessary lighting.
m. Establish and require minimum setbacks between developments and roadways and to
encourage installation of berms and landscaping for all developments to enhance
safety and to enrich the roadway and community appearance.
o. Encourage arterial and collector roadway design criteria consistent with the rural
nature of planned and existing developments generally within the areas designated on
the Land Use Map as Residential Rural (one dwelling unit per five acres maximum)
and Residential Estates (one dwelling unit per two acres maximum). Such designs
should include the following:
1. Vertical Curbs should not be permitted, except where may be required by ACHD.
Where curbs are needed, flat or rolled curbs should be encouraged.
2. Sidewalks and/or pathways should meander and be separated from any roadway
edge or curb to allow for added pedestrian safety. Topography, trees, ditches
and/or similar features may limit the distance between sidewalks and/or pathways
and the roadway edge. Easements may be needed if a portion of the sidewalk
and/or pathway is to be located outside of the right-of-way.
3. Unless otherwise determined by ACHD to be necessary for public safety,
roadways should be a maximum of two lanes with a center turn lane only at
driveways and/or street intersections that are expected to generate a minimum of
1000 vehicle trips per day, or where determined to be necessary for safety by
ACHD. Any portion of a center turn lane which is not used for such a driveway
or intersection should be landscaped. Such landscaped medians would need to be
maintained by the City and would require a license agreement with the highway
district having jurisdiction.
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4. The roadways should be constructed to provide a bike lane on both sides of the
roadway.
Chapter 12 - Community Design
12.4 Implementation Strategies
o. Encourage the planting and preservation of trees that will create beauty and add to the
healthy environment of downtown (see Eagle Tree Plan below).
12.5 Eagle Tree Plan
12.5.1 Goal
To establish and enhance areas of tree growth that will create beauty, add to a healthy
environment and increase economic stability.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 8-2A-7 J(4)(c) Major Roadways:
c. Any road designated as a an urban or rural collector on the Ada County long range
highway and street map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of
way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each
required shade tree may be substituted with two (2) flowering/ornamental trees,
provided that not more than fifty percent (50%) ofthe 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. Chain link, cedar, and
similar high maintenance and/or unsightly fencing shall not be permitted.
· Eagle City Code Section 8-3-3 (F) Maximum Units Per Lot, states in part:
Any buildable lot conforming to this title, with a zoning designation of R-E shall be
permitted a maximum of one single-family dwelling unit per lot.
· Eagle City Code Section 8-3-5 (A) (I) Accessory Building:
Will not be located in any required front or street side yard area.
· Eagle City Code Section 8-10-1 (B)
Initiation of Development Agreement:
I. A development agreement may be initiated for the rezoning of a particular parcel of
land or collection of parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the zoning administrator.
c. On recommendation of the commission.
d. Required by the council.
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2. In the event of a determination by the commission that a development agreement
should be entered into, the commission shall retain jurisdiction of the matter, defer
consideration of the rezone applied for and set a time limit for submittal ofthe
development agreement. The commission shall then proceed as specified in this
section.
3. In the event of a determination by the council that a development agreement should be
entered into, the council shall remand the matter back to the commission for submittal
of the development agreement. The council may direct the commission on remand of
the matter to the commission. The commission shall then proceed as specified in this
section.
4. In the event of either of the above, all time limits required by this code may be stayed
upon affirmative vote of the commission or council.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
· Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request
that the subdivision application be processed as both a preliminary and final plat if all the
following exist:
I. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in
an acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title ofthe City.
· Eagle City Code Section 9-3-2 (C)(3)(I) Preliminary Plat - Required Information and Data:
A site report as required by the appropriate health district where individual wells or septic
tanks are proposed
. Eagle City Code Section 9-3-2-3(B)
Sight Triangles: Minimum clear sight distance at all street and driveway intersections
shall be approved by the highway district having jurisdiction.
· Eagle City Code Section 9-3-5 (B) - Lots shall conform to the following standards:
Future Arrangements: Where parcels ofland are subdivided into unusually large lots (such
as when large lots are approved for septic tanks), the parcels shall be divided, where
feasible, so as to allow for future re-subdividing into smaller parcels. Lot arrangements
shall allow for the ultimate extension of adjacent streets through the middle of wide
blocks. Whenever such future subdividing or lot splitting is contemplated, the plan thereof
shall be approved by the City Council prior to taking of such action.
· Eagle City Code Section 9-3-5 (C) Sufficient Area for Septic Tank:
Where individual septic tanks have been authorized, sufficient area shall be provided for a
replacement sewage disposal system.
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. Eagle City Code Section 9-3-6 (A) Easements:
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').
. Eagle City Code 9-4-1-5 Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to
install, at the subdividers' expense, streetlights in accordance with city specifications and
standards at locations designated by the "administrator" (as defined by section 9-1-6 of
this title, or his/her representative, hereinafter referred to as "administrator"). After
installation and acceptance by the administrator, the city shall have the right to pay the
cost of maintenance and power and assume ownership of the streetlights.
. Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
. 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.
D. DISCUSSION:
. The Comprehensive Plan Land Use Map designates this site as Rural Residential (up to one
unit per five-acre maximum). The applicant is proposing a rezone from RUT (Residential-Ada
County designation) to A-R-DA (Agricultural-Residential with a development agreement) and
preliminary plat/final plat approval for Vigne d' Aquila Subdivision. The maximum overall
density of the project will not exceed. 19-units per acre.
. On June 19, 2007, the City Council adopted Resolution No. 07-14, recognizing the Eagle
Wine District Overlay (EWD). The proposed Vigne d' Aquila Subdivision is located within
the EWD overlay. The applicant is proposing a five (5) lot subdivision with the front two-
thirds (2/3) of each lot adjacent to N. Ballantyne Lane to be planted in wine grape vineyards.
The applicant submitted a Concept Landscape Plan stamped by the City on July 26, 2007,
showing a road cross section for Ballantyne Road. The road section shows an eight foot (8')
wide asphalt path located outside of the right-of-way adjacent to a three foot (3') high berm
contained within the subdivision. The berm is shown with a 3: I slope planted with ornamental
trees and seeded with a dry land seed mix. Approval of an Alternative Method of Compliance
application is required for the proposed buffer configuration. It is the intent of the applicant to
submit this application along with the Design Review application.
· The applicant proposes to subdivide the 26.22-acre site into five (5) parcels, with lot sizes no
less than 5. 15-acres in size. The Site Topography Plan date stamped by the City on June II,
2007, shows access to the lots will be provided using a combination of two (2) shared
driveways for four (4) of the five (5) lots and a single driveway for the lot located at the comer
ofN. Ballantyne Road and W. Beacon Light Road. All of the proposed driveways are shown
taking access from N. Ballantyne Lane. The utilization of the common driveways will help
minimize additional access points along N. Ballantyne Lane. The preliminary/final plat date
stamped by the City on June 11, 2007, shows Lots I and 2, Block I, as well as Lots 3 and 4,
Block I, each share common driveways. The aforementioned lots should be required to share
common driveways as shown on the preliminary/final plat.
· With this proposed subdivision, staff believes the character of the area will not be changed
since the proposed lot configurations, as well as the intent to develop the site with single
family dwellings, is compatible to the surrounding development.
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. The site currently has one (I) single-family dwelling and several detached accessory structures
located in proximity to the corner ofN. Ballantyne Lane and W. Beacon Light Road. The
applicant indicated within the narrative that all existing structures will be removed. Staff has
incorporated a condition within the Development Agreement stating the applicant will be
required to be removed all structures (houses, garages, barns, etc.) from the site prior to the
City Clerk signing the final plat.
· The applicant is not proposing to construct the required landscape/screening buffers adjacent
to N. Ballantyne Lane ofW. Beacon Light Road; instead the applicant has provided a revised
road section to be utilized within the Eagle Wine District Overlay (EWD) to distinguish this
area from other parts of the City. Normally the City and ACHD would require curb, gutter,
sidewalk, and a landscape/screening buffer adjacent to N. Ballantyne Lane and W. Beacon
Light Road. However, since this area is located within the EWD staff recommends that the
applicant be permitted to construct N. Ballantyne Lane and W. Beacon Light Road prior to the
City Clerk signing the final plat.
· The narrative provided by he applicant indicates the front two-thirds of the lots adjacent to N.
Ballantyne Lane will be planted in wine grape vineyards and the vineyard area will be
controlled and maintained by a single homeowner's cooperative. The applicant should be
required to submit a Concept Plan showing the location of the grape vineyard areas and a
building envelope for the residential dwellings on each of the parcel prior to the City adopting
an ordinance of annexation for the property. The applicant should also provide a section
within the CC&R's addressing the homeowner's cooperative and access issues for review and
approval by the City Attorney prior to the City Clerk signing the final plat. The applicant
should be required to submit a Design Review application showing an alternative form of
compliance in regard to the required buffer areas adjacent to N. Ballantyne Lane and W.
Beacon Light Road per Eagle City Code for review and approval by the Design Review Board
and City Council prior to the City Clerk signing the final plat.
· The Site Topo Plan date stamped by the City on June 11,2007, shows the proposed vineyards
adjacent to N. Ballantyne Lane and not adjacent to West Beacon Light Road. Since the
applicant is not proposing to construct the required landscape/screening buffers adjacent to W.
Beacon Light Road the applicant should provide a revised concept plan showing vineyards to
be located adjacent to West Beacon Light Road prior to submitting a Design Review
application.
· Per Eagle City Code, Section 8-2-1, centralized water and sewer is only required for lots
exceeding one unit per two (2) acres. The site is located within the City of Eagle's water
service area as shown on the City of Eagle System Development Plan Map. The System
Development Plan Map also shows a sixteen inch (16") water line which will be located
adjacent to Beacon Light Road. The applicant should provide a Memorandum of Agreement
(MOA) stating the owner of the properties within Vigne d' Aquila Subdivision, are precluded
from filing a protest regarding water rights with the Idaho Department of Water Resources
against the City of Eagle for the construction of any municipal wells within the City of Eagle's
water service area. It should also be required that, should an individual well fail within Vigne
d' Aquila Subdivision and if a water line is located within Beacon Light Road the individual
well at that time should be abandoned and the residence be required to hook up to municipal
water.
· The Central District Health Department (CDHD) provided correspondence date stamped by
the City on July 2, 2007, indicating that an application and full engineering report will be
required for review and approval prior to CDHD providing comment. The applicant should
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provide a copy of the CDHD application and engineering report prior to the City Clerk signing
a final plat.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN THE STAFF REPORT:
. 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 A-R-DA (Agricultural Residential with
development agreement) is consistent with the Rural Residential designation as shown
on the Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public
facilities needed for this site indicate that adequate public facilities are not in
proximity to this location, or are expected to be provided, to serve single-family
dwelling units on this property under the proposed zone therefore the site will be
served by individual well and septic;
c. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the R-E (Residential Estates-up to one unit per two
acres) and RUT (Ada County designation) zones and land uses to the south because
the proposed development will have lots similar in size or larger in size than will be
developed on those properties;
d. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the RUT (Ada County designation) zone and land uses
to the north, east, and west since those lands have the same Comprehensive Plan
designation as this site, and are developed or may be developed with lots of similar
sIze.
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area"
as described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone if the conditions
to be placed within the development agreement are achieved. .
PreliminarY PlatlFinal 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/final plat is in accordance with the City of
Eagle Code because:
a. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
b. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water served
by individual wells, and sewer by the utilization of septic systems; or that the persons
or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from
said agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development
would prevent continuity;
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d. That based upon agency verification and additional written comments of the Central
District Health Department and Eagle Fire District, as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the
Commission and Council's attention have been adequately addressed by the applicant
or will be conditions of approval as set forth within the conditions of approval herein.
Staff has reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat and, in terms of Eagle City Code Section 9-2-3(B) "I thru 5" (minimum criteria to
combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
I. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision ofthe Zoning Title ofthe City.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Annexation,
Rezone with a development agreement, and Preliminary Plat with conditions as provided within
the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
6,2007, 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 by no
one (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor or opposed to the application was presented to the Planning and Zoning
Commission by one (I) individual that questioned why the property is being annexed into the City
since the size of the proposed lots and the use could occur in the County without the requirement of
being annexed.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 recommend approval of A-I 1-07 and RZ-14-07 for an annexation
and rezone from RUT to A-R-DA with the following staff recommended conditions to be placed
within a development agreement with strike through text to be deleted by the Commission and
underline text to be added by the Commission:
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2.1 The maximum overall density of the property shall not exceed .19 units per acre.
2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes
in that concept may occur. If the City determines that any such changes require additional
public comment due to potential impacts on surrounding property or the community, a
public hearing shall be held on any proposed changes in the Concept Plan, notice shall be
provided as may be required by the City.
2.3 The conditions, covenants, and restrictions for the Property shall contain at least the
following:
(a) Provide that the association(s) 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.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the pump providing water to
the system including the funding mechanism for the repair and replacement of the
pump.
(c) A section providing the formation ofa homeowner's cooperative providing for the
maintenance and control of the grape vineyard area.
2.3 The applicant shall obtain a license agreement from ACHD to allow the right-of-way
between this property and the edge of pavement along West Beacon Light Road and North
Ballantyne Lane to be landscaped prior to the City Clerk signing the final plat.
2.4 The development shall comply subject to the conditions and limitations set forth in this
Development Agreement. Further, the applicant, as applicable 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 Development Agreement.
2.5 Prior to the issuance of building oermits for Lot 4 and Lot 5 +the developer shall ensure all
existing structures (house, garage, barns etc.) shall be removed from tfte-.5.ite each lot. pFief
te the City Clerk sigRiRg the fiRal ~lat. Demolition permits shall be obtained prior to the
removal of any said structures.
2.6 Provide a Memorandum of Agreement (MOA) stating the owners of the lots within Vigne d'
Aquila shall not file a protest regarding water rights with the Idaho Department of Water
Resources against the City of Eagle for the construction of any municipal wells located
within the City of Eagle water service area.
2.7 Provide a revised concept plan showing vineyards to be located adjacent to West Beacon
Light Road prior to submitting a Design Review application.
COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY PLATIFINAL
PLAT:
The Commission voted 5 to 0 recommend approval of PP/FP-01-07 for a combined preliminary
plat/final plat for Vigne d' Aquila Subdivision for Aquila LLC, with the following staff
recommended site specific conditions of approval and standard conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all requirements of the City Engineer's letters dated July 3, 2007, prior to the City
Clerk signing the final plat.
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. The applicant shall demonstrate that the storm water from individual lots is handled by a storm
drainage facility or shall place a note on the final plat stating all storm water from the individual
lots is to be retained on the individual lots per Eagle City Code 9-4-1-10., prior to the City Clerk
signing the final plat.
4. All utility poles providing service to the existing structures on the site shall be removed, prior to
the issuance of any building permits for the site. All utility service lines serving existing structures
and the building lots shall be placed underground.
5. Lot I and Lot 2, Block I, shall share a common driveway.
6. Lot 3 and Lot 4, Block 1, shall share a common driveway.
7. The applicant shall submit a Design Review and Alternative Method of Compliance applications
for the required landscape/screening buffers adjacent to N. Ballantyne Lane and W. Beacon Light
Road, an eight foot (8') wide pathway adjacent to N. Ballantyne Lane and W. Beacon Light Road,
fencing (if proposed), and pumphouses (if proposed). The design review application shall be
reviewed and approved by the Design Review Board and City Council prior to the City Clerk
signing the final plat.
8. Applicant shall construct the roads as required per Ada County Highway District prior to the City
Clerk signing the final plat.
9. Provide one (I) street light at the entrance to each of the common driveways. The street light shall
incorporate the principles of "Dark Sky Lighting" to negate the effects of light pollution. The
applicant shall submit the exact location and cut sheets showing the street light details for review
and approval by the Zoning Administrator prior to the City Clerk signing the final plat.
10. 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.
II. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along N. Ballantyne Lane and W. Beacon
Light Road within this development. 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 homes. A temporary occupancy may be
issued if weather does not permit landscaping.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the City Forester. A detailed landscape plan showing how the trees will
be integrated into the private lots in relation to the building sites (unless approved for removal by
the City Forester and the Design Review Board) shall be provided for Design Review Board
approval prior to the submittal of a final plat. The applicant shall have an on-site meeting with the
City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing
shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be
preserved, prior to the commencement of any construction on the site.
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13. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final plat.
14. Provide a copy of the public access easement granted to ACHD for the sidewalks/pathways located
outside of the right of way prior to the City Clerk signing the final plat.
15. Provide a copy of the CDHD application and engineering report prior to the City Clerk signing a
final plat.
16. Extend the landscaping within the buffer area along Ballantyne Lane and Beacon Light Road to
within 9-feet from the edge of pavement. The 9-feet between the landscaping and edge of
pavement (along the entire frontage of this site) shall be graveled as approved by ACHD. The
gravel shoulder area shall be maintained and kept free of weeds and debris.
17. The Vigne d' Aquila Subdivision shall remain under the control of one Homeowners Association.
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.
4. Idaho Department of Health & Welfare 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 title 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.
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9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional
engineer certifYing that all drainage shall be retained on-site prior to the City Engineer signing
the final plat. A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to
the City Engineer signing the final plat. The plans shall show how swales, or drain piping,
will be developed in the drainage easements. The approved drainage system shall be
constructed, or a performance bond shall be submitted to the City Clerk, prior to the City
Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and
approved by the City Engineer and City Attorney, prior to the City Engineer signing the final
plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage
easement, and that no runoff shall cross any lot line onto another lot except within a drainage
easement.
II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned
by an organized irrigation district, canal company, ditch association, or other irrigation entity,
shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting,
covering or changing has first been approved in writing by the entity. A Registered Engineer
shall certifY that any ditch rerouting, piping, covering or otherwise changing the existing
irrigation or waste ditch (I) has been made in such a manner that the flow of water will not be
impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise
injure any person or persons using or interested in such ditch or their property; and (3)
satisfied the Idaho Standards for Public Works Construction. A copy of such written approval
and certification shall be filed with the construction drawing and submitted to the City
Engineer prior to the City Engineer signing the final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the
City Engineer prior to the City Engineer signing the final plat. All construction shall comply
with the City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final
plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision
prior to signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final
plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the
City Engineer signing the final plat. The letter shall include the following comments and
minimum requirements, and any other items of concern as may be determined by the Eagle
Fire Department officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing
by the Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two
family dwellings, 1,500 gallons per minute for dwellings having a fire area in
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excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses
(i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in
accordance with all agencies having jurisdiction, and shall be verified in writing
by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle
Fire Department prior to issuance of a building permit.
15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to
the Eagle City Attorney which provide for the use, control and mutual maintenance of all
common areas, storage facilities, recreational facilities, street lights or open spaces shall be
reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final
plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City
Attorney prior to the City Engineer signing the final plat.
16. Should the homeowner's association be responsible for the operation and maintenance of the
storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or
other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing
the final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any
other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a
path or 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 ofthe 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.
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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. No change in the terms and conditions ofthis approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
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
ofthe City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved
improvements before the City Engineer signs the final plat. The applicant shall provide a
financial guarantee of performance in the amount of 150% of the total estimated cost for
completing any required improvements (see resolution 98-3) prior to the City Engineer signing
the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash
deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central
District Health Department, Ada County Treasurer, Ada County Highway District
Commissioners, City Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless
for any and all water rights, claims in any way associated with this application.
32. The applicant shall submit cut sheets showing street lighting details for review and approval
by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how
the streetlights will facilitate the "Dark Sky" concept of lighting.
33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
34. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-
feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs
off leash.
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CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held on site on April 12, 2007, at 6:00 PM, in compliance with the
application submittal requirement of Eagle City Code. The annexation, rezone and preliminary/final
plat applications for these items were received by the City of Eagle on June 11,2007.
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 June 25, 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 June 22, 2007. The site was posted in accordance
with the Eagle City Code on July 25, 2007. Requests for agencies' reviews were transmitted on June
18, 2007, in accordance with the requirements of the Eagle City Code.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-II-07/RZ-14-07) 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
rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of A-R-DA (Agricultural Residential with development
agreement) is consistent with the Rural Residential designation as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities are not in proximity to this location,
or are expected to be provided, to serve single-family dwelling units on this property under the
proposed zone therefore the site will be served by individual well and septic;
c. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the R-E (Residential Estates-up to one unit per two acres) and
RUT (Ada County designation) zone and land uses to the south because the proposed
development will have lots similar in size or larger in size than will be developed on those
properties;
d. The proposed A-R-DA (Agricultural Residential with development agreement) zoning
designation is compatible with the RUT (Ada County designation) zone and land uses to the
north, east, and west since those lands have the same Comprehensive Plan designation as this
site, and are developed or may be developed with lots of similar size.
e. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
f. No non-conforming uses are expected to be created with this rezone if the conditions to be
placed within the development agreement are achieved. .
4. The Commission reviewed the particular facts and circumstances of this proposed combined
preliminary/final plat (PP/FP-OI-07) and based upon the information provided concludes that the
proposed combined preliminary/final plat application is in accordance with the City of Eagle Title 9
(Subdivisions) because:
a. The subdivision will be harmonious with and in accordance with the general objectives or
with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as
shown within the findings provided within this document and the proposed residential use is
in accordance with the residential land use designation of this area shown within the
Comprehensive Plan;
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b. The subdivision will be served adequately by essential public facilities such as streets, police
and fire protection, schools, drainage structures, refuse disposal, water served by individual
wells, and sewer by the utilization of septic systems; or that the persons or agencies
responsible for the establishment of the proposed use shall be able to provide adequately any
such services, as noted in the documentation provided from said agencies and as required as a
part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Central District
Health Department and Eagle Fire District, as conditioned herein, there is adequate public
financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DATED this 20th day of August, 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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Jaso PIerce, Chairman
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