Findings - CC - 2007 - A-01-07/RZ-01-07/PP-01-07 - A/Rz From Rut To R2-Da/Adonai Subd/12 Lot/5.7 Acre/2440 N Park Lane
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
AN ANNEXATION AND REZONE FROM RUT )
TO R-2-DA AND PRELIMINARY PLAT FOR )
ADONAI SUBDIVISION FOR DWAYNE LINGEL )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-OI-07/RZ-OI-07 & PP-OI-07
The above-entitled annexation, rezone, and preliminary plat applications came before the Eagle City
Council for their action on June 26, 2007, at which time public testimony was taken and the public hearing
was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Dwayne Lingel is requesting annexation and rezone from RUT (Rural Urban Transition -
Ada County designation) to R-2-DA (Residential, 1.7-units per acre with development
agreement) and preliminary plat approval for Adonai Subdivision, a 12 lot (8-buildable, 4-
common) residential subdivision. The 5.7-acre site is located on the east side of Park
Lane Road approximately 1,200-feet south of Beacon Light Road at 2440 North Park
Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, January 5, 2007 at the Eagle Public
Library in compliance with the application submittal requirement of Eagle City Code. The
applications for this item was received by the City of Eagle on January 10,2007.
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 April 16, 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 April 9, 2007. Requests for agencies' reviews were transmitted on January 12,
2007, in accordance with the requirements of the Eagle City Code. The site was posted in
accordance with the Eagle City Code on April 20, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on June 11, 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 6, 2007.
The site was posted in accordance with the Eagle City Code on June 13,2007.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: NA
E. COMPANION APPLICATIONS: NA
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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 Residential Two (Two RUT (Rural Urban Transition Agriculture
units per acre maximum) - Ada County designation)
Proposed No Change R-2-DA (1.7-units per acre Single family residential
with development agreement)
North of site Residential Two (Two RUT (Rural Urban Transition Single family residential,
units per acre maximum) - Ada County designation) agriculture
South of site Residential Two (Two Rl (Residential, up to one Single family, residential
units per acre maximum) unit per acre maximum - Ada (Puffin Park Subdivision)
County designation)
East of site Residential Two (Two RUT (Rural Urban Transition Agriculture
units per acre maximum) - Ada County designation)
West of site Residential Two (Two R 1 (Residential, up to one Single family residential
units per acre maximum) unit per acre maximum - Ada (Ripcord Ranch
County designation) Subdivision)
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site - 5.70
Total Number of Lots - 12
Residential - 8
Common - 4
Total Number of Units -
Single-family - 8
Total Acreage of Any Out-Parcels - none
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 1.7-units per acre 1.7-units per acre maximum
Minimum Lot Size 20,204-square feet 17,000-square feet
Minimum Lot Width 120-feet 75-feet
Minimum Street Frontage 58-feet 30-feet
Total Acreage of Common Area .57-acres .57-acres (minimum)
Percent of Site as Common Area 10.1% 10% (minimum)
J. GENERAL SITE DESIGN FEATURES:
Open Space, Green Belt Areas and Landscape Screening:
According to the preliminary plat date stamped by the City March 23, 2007, the applicant
is proposing a thirty five foot (35') landscaped buffer area on the west edge of the
property adjacent to North Park Lane. There is also a 13,374-square foot landscaped
common area proposed to be located at the east portion of the property.
At the north east section of the property a 421-square foot landscaped common area is
proposed.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 that unobstructed utility easements shall be provided along
front lot lines, rear lot lines, and side lot lines when deemed necessary. Total easement
width shall not be less than twelve-feet (12 ').
Fire Hydrants and Water Mains:
The preliminary plat shows one (1) fire hydrant located approximately 389-feet east of the
main entrance off of North Park Lane and on the north side of the proposed Adonai Drive.
The hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System (yes or no) - No
Pressurized Irrigation:
The property has water rights with the Farmers Union Ditch Company. The water right
will be retained and a pressurized irrigation system will be provided to serve the
residential and common areas within the proposed development.
The City of Eagle currently requires the installation of pressurized irrigation systems for
the irrigation of landscaping when new development is within an irrigation district and
water rights are available. The narrative provided with the Lockey Subdivision preliminary
plat application indicates the property has existing water rights from the Farmer's Union
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Ditch Company. The applicant is proposing to work with the adjacent developers of
Tabasco Trail Estates and Lingel (Adonai) Subdivisions to establish a joint water
association for providing the required pressurized irrigation to the developments.
Preservation of Existing Natural Features:
Per Eagle City Code Section 9-3-8(B) existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. No such features are known to exist on the property.
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 March 23, 2007, there will
be an eighty foot (80') wide entrance to the proposed Adonai Drive off of North Park
Lane. Adonai Drive is proposed to be 690-feet (approximately) connecting east to west
from North Park Lane to a stub street at the north east section of the property. Adonai
Drive is proposed to have a 320-square foot landscaped island at the west entrance of the
property and a 250-square foot (approximately) landscaped island within a bulb-out
330-feet east of the North Park Lane entrance.
Blocks Less Than 500': None
Cul-de-sac Design: None
Sidewalks:
According to the preliminary plat date stamped March 23, 2007 by the City, five-foot
(5') wide detached sidewalks with eight-foot (8') planting strips are proposed for both
sides of the proposed Adonai Drive. A ten foot (10') wide sidewalk is proposed along the
west section of the property adjacent to North Park Lane.
Curbs and Gutters:
Six inch (6") 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.
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L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Other than the above mentioned sidewalks, the preliminary plat date stamped March
23,2007 by the City shows no proposed pathway system.
Bike Paths:
Per Eagle City Code Section 9-4-1-7 a bicycle pathway shall be provided within all
subdivisions as part of the public right-of-way or separate easement, as may be specified by
the city council. Bike paths are not proposed on the preliminary plat date stamped January
10, 2007 by the City.
M. PUBLIC USES PROPOSED:
See "Open Space and Design" noted above.
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
According to the narrative supplied by the applicant and date stamped by the City on
January 10, 2007, the property will be serviced by the Eagle Fire Department, United
Water, and the Eagle Sewer District.
P. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern -No
Evidence of Erosion - No
Fish Habitat - No
Floodplain - No
Mature Trees -No
Riparian Vegetation - No
Steep Slopes - No
Stream/Creek: No
Unique Animal Life - No
Unique Plant Life - Unknown
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 to the staff report and
is incorporated herein by reference. Comments, which appear to be of special concern, are noted
below:
City Engineer: All comments within the Engineer's letter dated February 27, 2007, are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health Department
Chevron Pipeline
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Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Department of Lands
S. LETTERS FROM THE PUBLIC (incorporated herein by reference):
Patricia Minkiwicz stated in correspondence date stamped by the City on April 30, 2007,
that the proposed subdivision is in an area of transitioning and that the proposed lots a half
acre in size are not a proper transition to the five acre properties located across Beacon
Light Road.
Barbara Crowell provided a petition from property owners located in the general vicinity
of the development and correspondence date stamped by the City on May 14, 2007,
addressing what they believe are problems with the development and providing
recommended solutions. The correspondence also indicated that the neighborhood
meetings for the developments (Lockey, Tobasco Trails, and Lockey [Adonai]
Subdivisions) were sporadic at best.
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 (Western Area Plan adopted 09-14-04)
designates this site as Residential Two:
Suitable primarily for single family residential development within areas that are rural in
character.
B. SOARING 2025 COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL: None
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
. Eagle City Code Section 8-1-2
Open Space: A common area platted as a separate lot, provided within a recorded
easement, or dedicated to and accepted by the city. The area shall be substantially
open to the sky, exclusive of streets, buildings and other covered structures, and
shall be designated and intended as a usable and convenient amenity to any
proposed development. Wetland areas, drainage ditches, irrigation ditches, and
similar features shall not be considered as a part of the minimum area of open
space required.
. Eagle City Code Section 8-2A-7 J(4)(a) Major Roadways:
a. Any road designated as an urban collector 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)
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shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of
the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one foot (1') vertical
distance. If a decorative block wall, cultured stone, decorative rock, or similarly
designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area shall be provided for the placement of the decorative wall.
Chain link, cedar, and similar high maintenance and/or unsightly fencing shall not
be permitted.
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
. Eagle City Code Section 9-3-1 Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions,
improvements and facilities done, constructed or made in accordance with said provisions
shall comply with the minimum design standards set forth in this chapter; provided,
however, that any higher standards adopted by any highway district, the Idaho
transportation department or health agency shall prevail over those set forth herein.
. Eagle City Code Section 9-3-2-2 (A) Street Widths:
Street and road right of way widths, grade, alignment, and so forth, shall conform to the
adopted major street plan or comprehensive plan and shall be approved by the highway
district and/or other agency having jurisdiction.
. Eagle City Code Section 9-3-8(D)
Open Spaces: The minimum percentage of the gross area that must be set aside for open
spaces in new subdivisions shall be as follows:
IZoning DistrictIIR-21IR-3 IIR-4 IIR-5 I !R-6-R-25 1
IOpen Space 1110%1110%1110%1110%1110% I
. Eagle City Code Section 9-4-1-6 (B)(1)(c & d) Location:
1. The city shall require the creation and maintenance of pathways, (except in cases
where it is shown to be inappropriate), that provides access to adjacent:
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
d. Neighborhoods;
. Eagle City Code Section 9-4-1-6 (D) Pathway Design:
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While the city may exercise considerable discretion in determining the design of
pathways, the following minimum standards should be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in
width. Micropathways within subdivisions which are designed for primary use by
the residences of the subdivision shall be a minimum six feet (6') wide and shall be
located within a sixteen foot (16') wide pedestrian access easement. Regional
pathways such as the Boise River greenbelt and pathways located adjacent to major
roadways shall be a minimum ten feet (10') wide and shall be located within a
twenty foot (20') wide pedestrian access easement.
2. Barriers may be placed at the terminal ends of paths to restrict use by motor vehicles
while allowing use by bicycles, wheelchairs and other modes of travel.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from
both edges of the paved path, shall be required, and will be owned by either the
abutting property owner(s) or a homeowners' association unless accepted by a public
entity. The five foot (5') wide landscaped area on either side of the pathway may be
decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt
to the easement line) when used in conjunction with a meandering pathway,
however, the total width of the landscape area shall not be less than ten feet (10')
(Le., 2 feet on one side of the path and 8 feet on the other). For safety purposes,
planting material in this area is limited to three feet (3') in height. The landscape,
fence and building regulations for this area shall be indicated by a note on the plat.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection
molded panels with a minimum of 0.085 inch wall thickness in modules a minimum
of twenty four inches (24") long by twenty four inches (24") deep. Each panel shall
have no less than four (4) vertical deflecting ribs ofa minimum 0.085 inch thickness
protruding one-half inch (1/2") at ninety degrees (900) from the interior of the panel,
spaced six inches (6") apart. A minimum of nine (9) anti lift tabs, three (3) each
between the vertical ribs, shall be integrated into each panel, measuring a minimum
of 0.085 inch thickness and protruding three-eighths inch (3/8") from the panel wall.
An integrated joining system shall be employed for instant assembly by sliding one
panel into the other. An alternative type barrier system of equal root penetrative
resistance may be considered on a case by case basis, subject to the approval of the
zoning administrator.
6. In order to design for crime prevention the following design standards will be
followed:
a. The use of "see through" fencing is preferred, as it provides better visibility
from adjacent homes or buildings. If solid fencing is used it may not exceed
four feet (4') in height.
b. Adequate lighting may be provided as determined by Eagle city council and
may be owned and maintained by the city of Eagle once the path is turned over
to the city for maintenance.
c. The use of corners and curves in the design of the paths is discouraged.
. Eagle City Code Section 9-4-1-6 (F) (2,3 & 6) Sidewalk Design:
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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.
E. DISCUSSION:
. The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two"
with a density not to exceed two (2) units per acre. The proposed Adonai Subdivision
includes eight (8) residential lots and four (4) common area lots with an overall density of 1.7
units per gross acre.
. The applicant is requesting an R-2-DA (Residential, two units per acre maximum with a
development agreement) zoning designation with lots sizes ranging from 20,204-square feet to
27, 287-square feet. The proposed lot sizes comply with the 17,000 square-foot minimum
requirements for the R-2 zone. The subdivision design complies with the technical
requirements (or will pursuant to the conditions outlined herein) of Eagle City Code.
. Per Eagle City Code, subdivisions with an R-2 zoning designation are required to have a
minimum of ten percent (10%) of the gross area provided as open space. The proposed
development includes .57 acres (10.1 %) of the site as common area open space including the
8,798-square foot buffer area that extends adjacent to North Park Lane and the 13,785-square
foot section along the east portion of the property. The applicant has indicated that the 13,785-
square foot open space section located on the east portion of the property will connect to a
proposed 2.02-acre master planned park with shared access between the proposed Adonai,
June Lockey and Tabasco Trail Estates subdivisions, establishing more active open space for
the Adonai Subdivision residents. Applications for June Lockey and Tabasco Trail
subdivisions have been submitted to the City, however no binding document has been
submitted to the City to date that would ensure this master park will be established.
. The City has received applications for June Lockey and Tobasco Trail Subdivisions proposed
to be located to the east of Adonai Subdivision. The applicants of all three subdivisions have
indicated that residents of the three subdivisions will share access to all proposed open space
within the three (3) subdivisions. Since the above subdivisions are proposed to be located
adjacent to each other and are proposing to share access and open space then Adonai
Subdivision, June Lockey Subdivision and Tobasco Trail Subdivision should establish a
common homeowner's association. A statement should be placed in the CC&Rs and a note
should be placed on the final plat indicating that all shared open space will be maintained by a
common homeowner's association, to be reviewed and approved by the City Attorney prior to
the City Clerk signing the final plat for any of the three subdivisions.
. According to the pressurized irrigation analysis date stamped by the City on January 10, 2007,
the property has retained the surface water right on file with the Idaho Department of Water
Resources through the Farmers Union Ditch Company. The property has an existing
pressurized irrigation system and is entitled to 4.71 shares of water, and no downstream
obligations are known to exist. The applicant should place a note on the final plat that the
irrigation system will be maintained by the homeowner's association. A statement should also
be placed in the CC&Rs that one homeowner's association shall maintain, in perpetuity, the
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irrigation system. The CC&Rs shall be reviewed and approved by the City Attorney prior to
the City Clerk signing the final plat.
. According to the pressurized irrigation analysis date stamped by the City on January 10, 2007,
the full capacity of the irrigation system to service the property is dependent on the assumption
that all residential and common area lots will be irrigated in an odd/even day pattern. The
applicant should provide a statement in the CC&Rs that the homeowner's association will be
responsible for creating and maintaining a use schedule for the irrigation system. The CC&Rs
shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final
plat.
. A Pressurized Irrigation Analysis provided with the June Lockey preliminary plat application
date stamped by the City on March 15, 2007, states that the pressurized irrigation system will
be a combined system between June Lockey Subdivision, Tabasco Trail Estates, and Adonai
Subdivision, to create a common pressurized system.
The narrative explains that a Joint Water Association will be formed for the three
developments and will be owned by the homeowner's association. It further states the Joint
Water Association will hire an operator for maintenance and operation of the system. Staff has
not received any documentation formalizing a "Joint Water Association" that will serve as the
controlling body for the irrigation system. To ensure that the pressurized irrigation system will
be owned and operated by the property owners of the three developments, the applicant should
provide language in the CC&R's and an operation and maintenance manual that also provides
a funding mechanism for the replacement of pumps. The applicant should also provide a
formalized agreement for a Joint Water Association system to be submitted at the time of
application for final plat approval.
. The applicants for Adonai Subdivision, Lockey Estates Subdivision and Tabasco Trail
Subdivision have verbally agreed to share in irrigation resources and open space, to be
provisioned as notes on the final plats and conditions within a common set of CC&Rs.
However, in the event that the above stated agreement does not occur or is not approved by the
City then Adonai Subdivision should provide a landscape plan showing how usable open
space requirements will be attained either by restructuring existing open space or by adding a
pathway system connecting the existing open space to the proposed Tabasco Trail pathway
system adjacent to the south portion of Adonai Subdivision. The landscape plan should be
reviewed and approved by the Design Review Board prior to application for final plat.
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-2-DA (Residential 1.7-units per acre with a
development agreement) is consistent with the Residential Two (2 units per acre
maximum) 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-2-DA (ResidentiaI1.7-units per acre with a development agreement)
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zoning designation is compatible with the RUT (Rural Urban Transition - Ada County
designation) zone land use to the north since that area is being developed in a similar
manner as this development, and;
d. The proposed R-2-DA (Residential 1.7-units per acre with a development agreement)
zoning designation is compatible with the R-l (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-2-DA (Residential 1.7-units per acre with a development agreement)
zoning designation is compatible with the R-I (Ada County designation) zone land
use to the west since that area is being developed in a similar manner as this
development, and;
f. The proposed R-2-DA (ResidentiaI1.7-units per acre with a development agreement)
zoning designation is compatible with the RUT (Residential Urban Transition - Ada
County designation) 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
h. As stated in the Development Agreement, the applicant will remove all existing
structures on the site, therefore, no non-conforming uses are expected to be created
with this rezone.
. Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the
Commission and Council", and based upon the information provided to staff to date, staff
believes that the proposed preliminary plat is in accordance with the City of Eagle Code
because:
1. The subdivision will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan and/or Eagle City
Code Title 9, as shown within the findings provided within this document and the
proposed residential use is in accordance with the residential land use designation of
this area shown within the Comprehensive Plan;
2. The subdivision will be served adequately by essential public facilities such as streets,
police and fire protection, schools, drainage structures, refuse disposal, water and
sewer; or that the persons or agencies responsible for the establishment of the
proposed use shall be able to provide adequately any such services, as noted in the
documentation provided from said agencies and as required as a part of the conditions
of approval;
3. 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, Eagle Sewer 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.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested annexation,
rezone, and preliminary plat with the conditions as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on
May 21, 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 three (3) individuals who thought that the proposed Adonai Subdivision fit
well into the area and was a good design.
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning
Commission by six (6) individuals who expressed concerns regarding density, transitioning
and traffic along North Park Lane.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-OI-07/RZ-OI-07 for an annexation and
rezone from RUT to R-2-DA with conditions to be placed within a development agreement as
shown within their findings offact and conclusions of law document, dated June 4, 2007.
Further, the Commission voted 5-0 to recommend approval ofPP-01-07 for a preliminary plat for
Adonai Subdivision with the site specific conditions of approval and standard conditions of
approval shown within their findings of fact and conclusions of law document, dated June 4,2007.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the City Council on June 26, 2007,
at which time testimony was taken and the public hearing was closed. The City Council
made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by six (6)
individuals who indicated the proposed subdivision complies with the Comprehensive
Plan designation of Residential Two, blends with development occurring at this time in
the immediate area, and will transition well with the adjacent properties when they are
redeveloped in the future. They also indicated that, in combination with June Lockey
Subdivision and Tobasco Trail Subdivision, the overall development plan for the area is
appropriate and provides good vehicle and pedestrian connectivity, and provides nice
amenities. One (1) of the individuals indicated the additional density is needed to support
business within the City.
C. Oral testimony in opposition to this proposal was presented to the City Council by three
(3) individuals who indicated concerns related to the following: 1) that the subdivision
preliminary plat does not show a transition of lot sizes to the adjacent properties, 2) the
views will be obstructed by new homes within the development, 3) the additional traffic
will have a negative impact on the area, 4) excess irrigation water, which will come from
the proposed pond located within the common lot, may become a nuisance, 5) vehicular
impacts on adjacent properties, 6) lack of information provided regarding the subdivision.
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COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The City Council voted 4 to 0 to approve A-OI-07/RZ-OI-07 for an annexation and rezone from
RUT to R-2-DA for Dwayne Lingel with the following conditions to be placed within a
development agreement.
2.1 The applicant will develop the Property subject to the conditions and limitations set forth
in this Development Agreement. Further, the applicant will submit such applications
regarding design review, preliminary and final plat reviews, and/or any conditional use
permits, if applicable, and any other applicable applications as may be required by the
Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time
such applications are made except as otherwise provided within this Agreement.
2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of
the project. As the Concept Plan evolves, the City understands and agrees that certain
changes in that concept may occur or be required. If the City determines that any such
changes require additional public comment due to potential impacts on surrounding
property or the community, a public hearing shall be held on any proposed changes in the
Concept Plan, notice shall be provided as may be required by the City.
2.3 The density for the property shall not exceed 1.8 dwelling units per acre.
2.4 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 the
pressurized irrigation system and 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
joint water 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.
2.5 Provide a formalized agreement between the property owners of June Lockey, Tobasco
Trail Estates, and Adonai Subdivisions for a Joint Water Association to operate and
maintain the pressurized irrigation system. The Joint Water Association agreement shall
be submitted at the time of application for final plat approval.
2.6 Provide a formalized agreement for a Joint Homeowner's Association for June Lockey,
Tobasco Trail Estates and Adonai Subdivisions for the operation and maintenance of the
common areas. The formalized agreement shall be submitted at the time of application for
final plat approval.
2.7 Useable park amenities such as, pathways, picnic tables, gazebos, swing sets, basketball
courts, ball fields and/or similar amenities as determined by the City Council shall be
provided within the open space areas. Landscape plans showing open space amenities
shall also be reviewed and approved by the Design Review Board prior to submittal of a
final development plan/final plat.
2.8 The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to
be reviewed and approved by the Design Review Board) along the side of the street that
has a sidewalk within this development. Trees shall be placed at the front of each lot
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generally at each side property line and the drive aisles, or as approved by the Design
Review Board. The trees shall be located in an 8-foot wide landscape strip between the 5-
foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the
applicant shall either install the required trees, sod, and irrigation or provide the City with
a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements. Trees shall be installed prior to obtaining any occupancy permits for the
dwelling units. A temporary occupancy may be issued if weather does not permit
landscaping.
2.9 The applicant shall provide a letter from the Farmer's Union Canal Company approving of
any construction plans involving the relocation or construction of irrigation facilities
currently accessing the site and under the purview of the Company, prior to the approval
ofthe final plat.
2.10 Place a note on the final plat which states that the subdivision shall comply with Idaho
Code Section 3 1-3805 concerning irrigation water.
COUNCIL DECISION REGARDING THE PRELIMINARY PLAT
The City Council voted 4 to 0 to approve PP-O 1-07 for a preliminary plat for Adonai Subdivision,
for Dwayne Lingel, with the following site specific conditions of approval and standard conditions
of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. The maximum overall density of the property shall not exceed two (2) units per acre.
2. Comply with all conditions within the development agreement for rezone application RZ-O 1-
07.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
4. The applicant shall provide a revised preliminary plat that shows the sidewalk along North
Park Lane to be meandering and detached at least nine feet (9') from the edge of the road prior
to submitting final plat application.
5. 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.
6. The applicant shall place a note on the final plat that the irrigation system will be maintained
by the homeowner's association. A statement shall also be placed in the CC&Rs that one
homeowner's association shall maintain, in perpetuity, the irrigation system. The CC&Rs
shall be reviewed and approved by the City Attorney prior to the City Clerk signing the final
plat.
7. The applicant shall provide a statement in the CC&Rs that the homeowner's association will
be responsible for creating and maintaining a use schedule for the irrigation system. The
CC&Rs shall be reviewed and approved by the City Attorney prior to the City Clerk signing
the final plat.
8. A statement shall be placed in the CC&Rs and a note shall be placed on the final plat
indicating that the irrigation system and all shared open space will be maintained by a common
homeowner's association among Adonai Subdivision, Lockey Subdivision and Tobasco Trail
Estates Subdivision, to be reviewed and approved by the City Attorney prior to the City Clerk
signing the final plat for any of the three subdivisions.
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9. In the event that the irrigation and open space agreement does not occur between Adonai
Subdivision, Lockey Subdivision and Tabasco Trail Estates Subdivision then Adonai
Subdivision shall provide a landscape plan showing how usable open space requirements will
be attained either by restructuring existing open space or by adding a pathway system
connecting the existing open space to the proposed Tabasco Trail pathway system adjacent to
the south portion of Adonai Subdivision. The landscape plan shall be reviewed and approved
by the Design Review Board prior to application for final plat.
10. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along the side of the street that has a
sidewalk within this development. Trees shall be placed at the front of each lot generally at
each side property line and the drive aisles, or as approved by the Design Review Board. The
trees shall be located in an 8-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements. Trees shall be
installed prior to obtaining any occupancy permits for the dwelling units. A temporary
occupancy may be issued if weather does not permit landscaping.
11. The applicant shall submit a design review application showing proposed subdivision signage
and a landscape plan showing perimeter fencing (if proposed), street trees, common area
landscaping, and berming, fencing, and planting details for review and approval by the Design
Review Board prior to submittal of a final plat application.
12. Useable park amenities such as, pathways, picnic tables, gazebos, swing sets, basketball
courts, ball fields and/or similar amenities as determined by the City Council shall be provided
within the open space areas. Landscape plans showing open space amenities shall also be
reviewed and approved by the Design Review Board prior to submittal of a final development
plan/final plat.
13. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permits applications that do not have an approval letter attached will not
be accepted.
14. The applicant shall provide a letter from the Farmer's Union Canal Company approving of any
construction plans involving the relocation or construction of irrigation facilities currently
accessing the site and under the purview of the Company, prior to the approval of the final
plat.
15. Comply with all requirements of the City Engineer.
16. All street names shall comply with the requirements of the Ada County Street Naming
Committee.
17. All overhead utilities on the site shall be removed and placed underground, prior to the
issuance of any building permits for the site.
18. Place a note on the final plat which states that the subdivision shall comply with Idaho Code
Section 31-3805 concerning irrigation water.
19. 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.
20. Provide a revised preliminary plat that shows the lot line between Lot 3, Block 2 and Lot 4,
Block 2 to be lined up with the lot line separating the two adjacent lots to the south within
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Puffin Park Subdivision~
STANDARD CONDITIONS OF APPROVAL:
I. 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.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned byian organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
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obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has first been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute for non-residential uses (Le.; 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.
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16. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
25. Basements in homes in the flood plain are prohibited.
26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
27. No change in the terms and conditions of this 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 of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
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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.
CONCLUSIONS OF LAW:
1. The applications for this item were received by the City of Eagle on January 10, 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 April 16, 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 April 9, 2007. Requests for agencies' reviews were
transmitted on January 12,2007, in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on April 20, 2007.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 11,2007.
Notice ofthis 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 6, 2007. The site was posted in accordance with the Eagle City Code on June 13,
2007.
3. The City Council reviewed the particular facts and circumstances of this proposed annexation and
rezone (A-OI-07/RZ-OI-07) with regard to Eagle City Code Section 8-7-5 "Action by the Commission
and Council", and based upon the information provided concludes that the proposed annexation and
rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2-DA (Residential 1. 7-units per acre maximum with a
Development Agreement) is in accordance with the Residential Two classification 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 required to be provided,
to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the R-l (Residential, up to one units per acre) zone and land
use to the south since that area is buffered from the proposed development by Tobasco Trail
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Road;
d. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the RUT (Rural Urban Transition, Ada County designation)
zone and land use to the east since that area has the same Comprehensive Plan designation as
this site;
e. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with the Rl (Ada County designation) zone and land use to the west
since that area has the same Comprehensive Plan designation as this site;
f. The proposed R-2-DA (Residential 1.7-units per acre maximum with a Development
Agreement) is compatible with RUT (Rural Urban Transition) zone and land use to the north
since that area has the same Comprehensive Plan designation as this site;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant will remove all existing structures on
the site, therefore, no non-conforming uses are expected to be created with this rezone.
4. The City Council reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-O 1-07) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9 (Subdivisions) because:
a. The requested preliminary plat complies with the density of the approved zoning designation
of R-2-DA (Residential 1. 7-units per acre maximum with a Development Agreement); and
b. Will be harmonious with and in accordance with the general objectives of Title 9 of the Eagle
City Code since the development is consistent with the Comprehensive Plan and will provide
the required improvements for a subdivision; and
c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing and intended character of the general vicinity and that such use
will not change the essential character of the same area; and
d. Will not create excessive additional requirements at public cost for facilities and services as
the site will be served by central sewer from the Eagle Sewer District and will use public water
to be served from United Water. Fire protection will be available from the Eagle Fire District
and fire hydrants will be provided where required; and
e. Will have vehicular approaches to the property designed to not create an interference with
traffic on surrounding public thoroughfares since the project is reviewed and approved by the
highway district having jurisdiction and is subject to the conditions therein; and
f. This development is in continuity with the capital improvement program since the required
public improvements have been installed on site, or are expected to be installed with the
development of individual lots as conditions of approval; and
g. That based upon agency verification and additional written comments of the Eagle Fire
Department and the Ada County Highway District, or as conditioned herein, there is adequate
public financial capability to support the proposed development; and
h. That any health, safety and environmental problems that were brought to the Council's
attention have been adequately addressed by the applicant or will be conditions of preliminary
and/or final plat approval as set forth within the conditions of approval above.
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DA TED this 26th day of February 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
..Ad~fCmm', aho
ATTEST:
M U4<Q ~ ~.r-/
c:::.- Sharon K. Bergmann, Eagle City
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