Findings - PZ - 2007 - A-09-07/RZ-11-07/PP-12-07 - Rz Rut To Re-Da/Tranquil Estates Subd/3-Lot/7 Acre/2141 W Beacon Light Road
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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-09-07IRZ-ll-07 & PP-12-07
The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning
and Zoning Commission for their recommendation on June 18, 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:
Gary and Janette Drew, represented by Angela Cornish, 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 214\ West Beacon
Light Road.
STAFF RECOMMENDATION FOR THE ANNEXATION AND REZONE:
Staff recommends approval of the annexation and rezone with conditions to be placed within a
development agreement as provided herein (go to page 10).
STAFF RECOMMENDATION FOR THE PRELIMINARY PLAT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within this report (go to page 11).
NOTE: The site specific conditions of approval herein are solely a recommendation of City staff.
The final decision on this appfication, and any conditions to be placed on this appfication is totally
subject to the City Council's determination.
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STAFF 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. APPLlCA TlON SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, April II, 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.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
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.
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G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN 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. I)
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) I)
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.
I. 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
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.
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre I-unit per 2 acres I-unit per 2 acres maximum
Minimum Lot Size 78,408-square feet (1.8-acres) I. 8-acres
Minimum Lot Width 219.76-feet I 00- feet
Minimum Street Frontage 21 9. 76-feet 35-feet
Total Acreage of Common Area None proposed None required in the R-E zone
Percent 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 TUnoffTUns either over the curb, or to the
drainage easement, and that no TUn off 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 unobstTUcted 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
the development.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(8) 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
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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 (I) 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 PEDESTRIANIBICYCLE CIRCULATION:
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
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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
Eagle Fire Department
Idaho Department of Lands
United Water Company
S. LETTERS FROM THE PUBLIC: None received to date.
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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 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 (I) 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:
omcial Height and Area Regulations
Zoning Maximum UU Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width 1*
IR-E 1135' I ~ @QJ 120' 1135' 1120% 111.8 acres 11100' I
· 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.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
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. 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 I ine 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
FI 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.
· 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)
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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. I 2-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 (I) unit per two acres. The proposed Tranquil Estates
Subdivision includes three (3) residential lots with an overall density of one (I) 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 (II) 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
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
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"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 A venue 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 I, Block I 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-up to one unit per two
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-up to one unit per two 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-up to one unit per two 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 could be
developed with lots of similar size in the same manner at a later date;
e. The proposed R-E-DA (Residential-up to one unit per two acres with a development
agreement) zoning designation is compatible with the RUT (Residential Urban
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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-up to one unit per two 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
. Preliminarv 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).
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
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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 I (McCarrell absent, Pierce against) to recommend denial of A-09-07,
RZ-ll-07 for an annexation and rezone from RUT to R-E-DA.
Further, the Commission voted 3 to I (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:
I. The proposed subdivision was poorly designed
2. The proposed cul-de-sac was unnecessary and in an undesirable location
3. Lack ofa well thought out concept plan for the future development of the complete twenty
seven (27) acres proposed to be annexed and rezoned.
CONCLUSIONS OF LAW:
1. The annexation and rezone applications for this item were received by the City of Eagle on April 25,
2007. The preliminary plat application for this item was 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.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-09-07/RZ-Il-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 not in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because the Commission was concerned that only a small portion of
the total twenty seven (27) acres was being platted at this time and wanted to see a better concept plan
for the possible future development of the total acres to be annexed and rezoned.
4. The Commission reviewed the particular facts and circumstances of the preliminary plat (PP-12-07)
and based upon the information provided concludes that the preliminary plat is not in accordance with
the general objectives or with any specific objective of the Comprehensive Plan since the proposed
layout of the subdivision is not designed well and that the proposed cul-de-sac is unnecessary and
undesirable. The Commission was also concerned that only a small portion of the total twenty seven
(27) acres was being platted at this time and wanted to see a better concept plan for the possible future
development of the total acres to be annexed and rezoned.
Page 12 of 13
K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc
DATED this 2nd day ofJuly 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
County, IdahQ.
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Page 13 of 13
K:\Planning DeptlEagle ApplicationslSUBS\2007\Watts Tranquil Estates pzf.doc