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Findings - CC - 2008 - A-04-08/RZ-09-08/PP-04-08 - A/Rz From Rut To Re-Da/8 Lot/14.36 Acre/671 E Beacon Light Rd. BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT TO R-E-DA AND PRELIMINARY ) PLAT FOR SPRINGHA VEN SUBDIVISION ) FOR BEACON LIGHT HOMESTEAD, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-04-08/RZ-09-08 & PP-04-08 The above-entitled annexation, rezone, and preliminary plat applications came before the Eagle City Council for their action on October 28, 2008, 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: Beacon Light Homestead, LLC, represented by Matthew Smith is requesting an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation) to R-E-DA (Residential- Estates up to one unit per two acres with a development agreement) and preliminary plat approval for Springhaven Subdivision an 8-10t (6-buildable, 2-common) residential subdivision. The 14.36-acre site is located on the south side of East Beacon Light Road approximately 1,984 feet east of the intersection of North Eagle Road and East Beacon Light Road at 671 East Beacon Light Road. B. APPLICA TION SUBMITTAL: A Neighborhood Meeting was held on site at 6:00 PM, August 5, 2008, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on August 7, 2008. 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 August 25, 2008. 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 August 22, 2008. The site was posted in accordance with the Eagle City Code on September 14,2008. Requests for agencies' reviews were transmitted on August 12, 2008, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 6, 2008. 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 October 2, 2008. The site was posted in accordance with the Eagle City Code on October 17,2008. Page lof21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS: N/A E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter dated July 28, 2008, provided by the applicant is included herein by reference. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential-Estates (up to RUT (Rural-Urban Transition One (1) single-family one dwelling unit per two - Ada County designation) dwelling and two (2) acres) accessory structures Proposed No Change R-E-DA (Residential-Estates Residential subdivision with a development consisting of eight (8) lots agreement) (6 buildable, 2 common) North of site Rural Residential (up to RUT (Rural-Urban Transition Two (2) single-family one dwelling unit per five - Ada County designation) dwellings (one (1) acres) unplatted parcel and Lot 1, Block 1, Sunnybrae Subdivision) South of site Residential-Estates (up to A-R (Agricultural- Three (3) single-family one dwelling unit per two Residential) dwellings (One (1) acres) unplatted parcel and Lots 10 and 11, Los Luceros Acres Subdivision) East of site Residential-Estates (up to RUT (Rural-Urban Transition Accessory structures and one dwelling unit per two - Ada County designation) agricultural acres) West of site Residential-Estates (up to R-E (Residential-Estates) Three (3) single-family one dwelling unit per two dwellings and accessory acres) structures (one (1) unplatted parcel and Lots 6 and 7, Block 1, Bighorn Subdivision No.2) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. 1. SITE DATA: Total Acreage of Site - 14.36 acres Total Number of Lots - 8 Page 2 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc Residential - 6 Commercial - 0 Industrial - 0 Common - 2 Total Number of Units - 6 Single-family - 6 Total Acreage of Any Out-Parcels - none ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .42-units per acre .50-units per acre maximum Minimum Lot Size 1.80-acres 1.80-acres minimum Minimum Lot Width 163.50-feet 100-feet Minimum Street Frontage 229.69-feet 35-feet Total Acreage of Common Area .35-acres (15,635 sq. ft.) O-acres (minimum) Percent of Site as Common Area 2.4% 0% (minimum) J. GENERAL SITE DESIGN FEATURES: Open Space and Landscape Screening: As required by Eagle City Code Section 8-2A-7(J)(4)(b), the applicant proposes to construct a fifty-foot (50') wide landscaped buffer adjacent to Beacon Light Road. All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat. Storm Drainage and Flood Control: The applicant should demonstrate that the storm water from individual lots is handled by a storm drainage facility or the applicant should place a note on the final plat stating all storm water from the individual lots is to be retained on the individual lots per Eagle City Code 9-4-1-10. This should be completed prior to the City Clerk signing the final plat. Utility and Drainage Easements, and Underground Utilities: Eagle City Code Section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: The preliminary plat shows two (2) fire hydrants located within the subdivision. The hydrants should be installed and approved as required by the Eagle Fire District. On-site Septic System (yes): Since sewer is not located in proximity to the site and the development will not exceed one unit per two acres, all homes within the development will be served by individual septic systems. Pressurized Irrigation: The applicant has provided documentation from Farmers Union Ditch Company indicating the property has 0.82 shares of irrigation water available for irrigation. The preliminary plat date stamped by the City on August 7, 2008, delineates a PIRR (pressurized irrigation) line serving all of the proposed lots within the subdivision with the Page 3 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc exception of the landscape island located within the cul-de-sac (Lot 1, Block 2). The preliminary plat shows the PIRR line located on Lots 2-6 and Lot 7, Block 1, within the existing twenty-five foot (25') wide ingress/egress approximately twenty-three feet (23 ') from the rear property line. Preservation of Existing Natural Features: Eagle City Code Section 9-3-S (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The proposed site was utilized as agricultural ground previously and there are no trees or watercourses located on the property. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: The detailed typical street section on the preliminary plat date stamped by the City on August 7, 200S, shows a fifty-foot (50') wide right-of-way street section with a thirty foot (30') wide travelway (measured back of curb to back of curb) with one foot (1 ') wide ribbon curbing on each side. The preliminary plat shows N. Old Orchard Lane providing access to the subdivision from E. Beacon Light Road. The street section also shows an eight foot (S') wide drainage swale contained within the right-of-way and four foot (4 ') wide striped bike lanes located adjacent to the travel lanes. Blocks Less Than 500': None Cul-de-sac Design: The preliminary plat date stamped by the City on August 22, 200S, shows one 1,075-foot long thirty foot (30') wide internal road (N. Old Orchard Lane) that terminates at a fifty foot (50') diameter (from center of island) cul-de-sac. Sidewalks: The preliminary plat date stamped by the City on August 22, 200S, does not show any sidewalks within the development. The applicant is proposing a four foot (4') wide striped bike lane along both sides ofN. Old Orchard Lane. Curbs and Gutters: The typical street section on the preliminary plat date stamped by the City on August 22, 200S, shows one foot (1 ') wide ribbon curbing on each side of the proposed roadway. 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. Page 4 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: The applicant is proposing a four foot (4') wide striped bike lane along both sides of N. Old Orchard Lane pursuant to Eagle City Code. The preliminary plat date stamped by the City on August 22, 200S, does not show a sidewalk located within the buffer area adjacent to E. Beacon Light Road. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. The preliminary plat date stamped by the City on August 7, 200S, does not show a street section nor did ACHD require a bike lane for E. Beacon Light Road. ACHD is currently drafting a pathway/bike master plan and to date has not finalized street sections for the location of these facilities. The typical street section included on the preliminary plat shows four foot (4') striped bike path bike paths adjacent to N. Old Orchard Lane. 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 lots within the subdivision will be served by individual wells and septic. The applicant is proposing to extend an Eagle Water Company water line outside of their certificated service area for fire suppression. The Eagle Water Company water line will be utilized until a City of Eagle Municipal Water line is located adjacent to Beacon Light Road. Upon connection to the City of Eagle Municipal Water line potable water will be available. 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 - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached within the staff report. Comments which appear to be of special concern are noted within the Staff Analysis/Discussion section of the report. Page 5 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc City Engineer: All comments within the Engineer's letters dated August 22, 200S, are of special concern and incorporated herein by reference. Ada County Highway District - Will approve the application if all the Site Specific and Standard Conditions of Approval as outlined in the ACHD report are satisfied. Central District Health District - Will require additional information prior to approval of individual sewage disposal Chevron Pipeline Company - Indicate there is no conflict with the pipeline Department of Environmental Quality - Need to address air quality, wastewater, drinking water, surface water, and hazardous waste and ground water contamination requirements. Eagle Fire Department - Need to address street signs, fire hydrants, access roads, and minimum fire flows Idaho Department of Lands - No significant impact to the Endowment Lands in the general vicinity Idaho Transportation Department - No comment S. LETTERS FROM THE PUBLIC: None received to date. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map (adopted February 13,2007), designates this site as Residential-Estates: Suitable primarily for single family residential development within areas on acreages that may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. Maximum density of up to one (1) unit per two (2) acres. · Chapter 4 Schools, Public Services And Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded plays an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will effect the community. Service providers currently include: a. The City of Eagle which provides administrative services, library services, and a portion of the water service. d. United Water, Eagle Water Company, and the City which provide water to Eagle residents. Some private water systems and wells are also used. g. Private canal companies and drainage districts which provide irrigation water and drainage water management. Page 6 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 4.6.4 Implementation Strategies 1. Work with other water service providers to maintain a safe and sufficient water supply across jurisdictional boundaries. o. Require the construction of dry-line water facilities and fire hydrant stub-outs in developments anticipated to be served by the municipal system as identified in the Water Master Plan and the Comprehensive Plan. B. WATER SERVICE ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 6-5-3: Service Area and Connection Requirement A. Service Area: The area serviced by the city shall be only that area within the corporate limits of the city, which is so designated by the city council, and such other contiguous and neighboring territory as the city council shall, from time to time, deem necessary to serve and identified on the water service development plan map contained in the city of Eagle water service master plan. B. Connection To Water System Required: Every parcel ofland or premises within the boundaries of the city, improved by new construction for occupancy and occupied or used by any person or persons, or as a commercial business, shall be connected to the city water department public water system so long as the area is within the service area of the city water system. The owner or person in charge of such land shall make or cause to be made, such connection within sixty (60) days after receiving official notice from the city to so connect. All charges associated with the laying of pipe from the home or facilities to be served by the city's mains shall be the responsibility of the user and shall be properly designed and constructed in conformity with requirements specified by the city. If a parcel of land is not within three hundred feet (300') of a water main, connection may not be required unless the city elects to extend the water main to within three hundred feet (300') ofthe applicant's property. · Eagle City Code Section 6-5-4: Description of Service E. Special Contracts: When the applicant's requirements for water are unusual or large, such as an independent water district, or necessitate considerable special or reserve equipment or capacity, the city, by authorization of the city council, reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. The special contracts shall be in writing, signed by the applicant and approved by the city council. C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 8-2A-7 (J)(4)(b) Landscape and Buffer Area Requirements, Major Roadways: b. Any road designated as a minor arterial on the transportation and pathway network plan in the Eagle comprehensive plan: Page 7 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 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 (S) 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 (S') 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. Ifa 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 and with all applicable requirements set forth in title S, chapter 6, "Planned Unit Developments", of this code; 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 Streets and Alleys: 9-3-2-1: Location and Design: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius often feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. The following exceptions may be considered by the council: 2. In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. H. Half Streets: Half streets shall be prohibited except where unusual circumstances make such necessary to the reasonable development of a tract in conformance with this title and where satisfactory assurance for dedication of the remaining part of the street is provided. Whenever a tract to be subdivided borders on an existing half or partial street, the other part of the street shall be dedicated within such tract. Page 8 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 9-3-2-4: Street Names: The naming of streets shall conform to the following standards: B. All new streets shall be named as follows: 5. Cul-de-sacs having a predominately north-south direction shall be named "place". · Eagle City Code 9-3-9: Water System: The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of this code. · Eagle City Code, Section 9-4-1 Improvements Required: Every subdivider shall be required to install the following public and other improvements in accordance with the following conditions and specifications. 9-4-1-2: Streets and Alleys: All public streets and alleys shall be constructed in accordance with the standards and specifications adopted by the Ada County highway district or the Idaho transportation department, whichever the case may be. 9-4-1-5: Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by section 9-1-6 of this title, or hislher representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. 9-4-1-10: Storm Drainage; Flood Controls: A. Adequate Storm Drainage System: An adequate storm drainage system to accommodate storm water runoff from the public rights of way shall be required in all subdivisions. The requirements for each particular subdivision shall be established by the Ada County highway district and/or the Idaho transportation department, and construction shall follow the specifications and procedures established by said Ada County highway district or Idaho transportation department. H. Storm Drainage Retention Facilities: On site retention or partial on site retention of storm drainage from new developments is required in any case where, due to development activity, such drainage would be increased either in peak flow rate or in total quantity from that previously discharged from the land or property being developed. Complete retention is required in all cases except those where: 1) runoff flows directly, without crossing intervening property, into an existing drain ditch or other drainage facility that is operated and maintained by a drainage receiver, and 2) such drainage receiver agrees, as evidenced by valid and binding public document, to receive a certain definite quantity of storm drainage from the development. Retention on site of any drainage not so accepted by a Page 9 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc drainage receiver or of any drainage in excess of the quantity accepted by a drainage receiver is a duty of the current property owner at any time. Retention or partial retention facilities shall be provided as an essential part of such development. Design and construction of such retention facilities shall conform to standards, entitled "Design Standards For Storm Drainage Retention Facilities", adopted by resolution of the city council, and which standards may, from time to time, be amended by subsequent resolution of the council. All facilities shall be maintained on an ongoing basis in order to perform as designed. Should any of the provisions of the supplemental standards conflict with the standards set forth herein, the higher standard shall apply. D. DISCUSSION: · The Comprehensive Plan Land Use Map designates this site as Residential-Estates (up to one unit per two-acre maximum). The applicant is proposing a rezone from RUT (Residential _ Ada County designation) to R-E-DA (Residential-Estates with a development agreement) and preliminary plat approval for Springhaven Subdivision. The applicant proposes to subdivide the 14.36-acre site into eight (S) lots (6 buildable, 2 common). The proposed subdivision will have lot sizes ranging from I.S-acres to 3.60-acres and will comply with the I.S-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 maximum overall density of the project will not exceed .42-units per acre. · The preliminary plat date stamped by the City on August 22, 200S, shows a fifty foot (50') wide buffer area within a common lot along the north section of the property adjacent to E. Beacon Light Road. Also, the preliminary landscape plan date stamped by the City on August 7, 200S, does not show the minimum five foot (5') wide sidewalk located within the common lot adjacent to East Beacon Light Road. The applicant should submit a Design Review application with a revised landscape plan showing the required improvements (berming, landscaping, sidewalk, and irrigation pumphouse) located within the common lots to be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. · The existing power utilities to the site are located overhead. Per Eagle City Code, underground utilities are required. The applicant should be required to place all utilities underground prior to the City Clerk signing the final plat. · The preliminary plat date stamped by the City on August 22, 200S, shows the proposed interior street to be named "N. Old Orchard Lane". Pursuant to Eagle City Code cul-de-sacs having a predominately north-south direction shall be named "place". The proposed street names should be reviewed and approved by the Ada County Street Naming Committee ed prior to submitting a final plat application. · The preliminary plat date stamped by the City on August 22, 200S, shows existing fifty-foot (50') wide existing ingress/egress easements straddling both the east and west boundaries of the proposed subdivision. The adjacent property to the east has approximately three-hundred and thirty feet (330') of frontage on E. Beacon Light Road, and since the Ada County Highway District (ACHD) is only permitting one (1) access located at the northwest comer of the site, the ingress/egress access easement bisecting the eastern boundary is not required. The applicant should vacate the ingress/egress easement adjacent to the eastern property line prior to submitting a final plat application. The preliminary plat also shows N. Old Orchard Lane to be constructed approximately 635' within the ingress/egress access easement straddling the west property line from the point that Page 10 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc the ingress/egress easement intersects E. Beacon Light Road. Since a portion of the street and proposed right-of-way is shown to be located on the adjacent property, the applicant should provide an agreement with the adjoining property owner indicating an assurance for dedication of the right-of-way for N. Old Orchard Lane prior to submitting a final plat application. The portion of the ingress/egress easement adjacent to the western property line which is not utilized for right-of-way should be vacated prior to submitting a final plat application. · The adjacent unplatted property located at the southwest comer of the proposed subdivision gains access to E. Beacon Light Road through the existing ingress/egress easement located along the western boundary of the proposed subdivision. The preliminary plat date stamped by the City on August 22, 200S, delineates a fifty-foot (50') wide ingress/egress access easement providing access to the cul-de-sac located in proximity to the northeast comer of the aforementioned unplatted property. The applicant should show a fifty-foot (50') wide ingress/egress easement from the terminus of N. Old Orchard Lane to the unplatted parcel located at the southwest comer of Springhaven Subdivision at the time of submitting a final plat application. · The preliminary plat date stamped by the City on August 22, 200S, shows N. Old Orchard Lane to be approximately eleven-hundred feet (1,100') in length. Pursuant to Eagle City Code, cul-de-sacs greater than seven hundred fifty feet (750') in length and up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the city if approved by the fire department and the highway district having jurisdiction. The Ada County Highway District staff report dated August 29, 200S, indicates the street section meets District policy and should be approved. To date the City has not received correspondence from Eagle Fire Department approving the length of the cul-de-sac. The applicant should provide correspondence from Eagle Fire Department approving the length of the cul-de-sac prior to submitting a final plat application. · The proposed development is located within the City of Eagle Municipally Owned Water System service area as identified in the Comprehensive Plan on the City of Eagle System Development Plan Map. The applicant is proposing to construct a water line and fire hydrants for fire suppression utilizing water from a nearby existing Eagle Water Company water main. As proposed the Eagle Water Company's water line will be extended outside of their certificated water service area. The applicant is proposing to stub the aforementioned water line at E. Beacon Light Road so that when a City of Eagle Municipal Water System water line becomes available a connection may be made to the city's system and eliminate the Eagle Water Company connection. It should be noted that the proposed Eagle Water Company water line is only to be utilized for fire suppression until such time as it is connected to the City of Eagle Municipal Water System. The applicant should enter into a "Memorandum of Agreement" (MOA) in regard to providing water service from an Eagle Water Company water line to the site for fire suppression, only prior to adoption of an ordinance of annexation. · The preliminary plat date stamped by the City on August 22, 200S, shows the pressurized irrigation line (PIRR) to be located outside of the twenty-five foot (25') wide ingress/egress easements located on Lots 2-7, Block 1 and the required twelve-foot (12') wide drainage and irrigation easement adjacent to the rear property lines and the six foot (6') wide drainage and irrigation easement adjacent to the side property line located on Lot 3, Block 1. The pressurized irrigation line should be located within the required drainage and irrigation easements. · Plat note #7 on the preliminary plat date stamped by the City on August 22, 200S, indicates that direct lot access to E. Beacon Light Road is prohibited unless specifically allowed by the Page 11 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc Ada County Highway District and the City of Eagle. As noted in the Ada County Highway District (ACHD) staff report date stamped by the City on August 29, 2008, direct lot access to E. Beacon Light Road is prohibited. The applicant should provide a final plat at the time of final plat application that eliminates the words "unless specifically allowed by the Ada County Highway District and the City of Eagle" as shown on the preliminary plat date stamped by the City on August 22,2008. STAFF RECOMMENDED FINDINGS PROVIDED IN THE STAFF REPORT: · Rezone: With regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-E-DA (Residential-Estates with a development agreement) is consistent with the Residential-Estates land use designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities are not in proximity to this location, nor expected to be provided, to serve single-family dwelling units on this property under the proposed zone therefore the site will be served by individual wells and septic systems; c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the north since Beacon Light Road is a minor arterial and a fifty foot (50') wide landscaped berm will separate this property from those areas, and; d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the A-R (Agricultural-Residential) zone and land use to the south since that area has a similar Comprehensive Plan land use designation and is developed in a similar manner as proposed for this development, and; e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E (Residential-Estates up to one unit per two acres) zone and land use to the west since that site has the same Comprehensive Plan land use designation as proposed for this site, and could be developed in a similar manner; and f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the east since that site has a similar Comprehensive Plan land use designation and could be developed in a similar manner as this development, and; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and · Preliminary Plat: With regard to Eagle City Code 9-2-3 (D)(3)(a) "Action by the Commission and Council", and based upon the information provided to staff to date, staff believes that the proposed preliminary plat is in accordance with the City of Eagle Code because: 1. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; Page 12 of21 K:\PJanning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 2. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water served by individual wells, and sewer by the utilization of septic systems; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; 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. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone with a development agreement, and Preliminary Plat with conditions as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application came before the Eagle Planning and Zoning Commission for their consideration on September 15, 200S, at which time public testimony was taken, the public hearing was closed and the Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (not including the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no. D. Oral testimony neither opposed nor in favor of the application was presented to the Planning and Zoning Commission by two (2) individuals who provided a history of a previous application associated with the property and addressed the current ingress/egress easements. One (1) of the individuals also requested the Commission to address the additional septic systems and wells in the area and that additional buffering be required between the proposed subdivision and Los Luceros Acres Subdivision. COMMISSION DECISION REGARDING THE REZONE: The Commission voted 5 to 0 recommend approval of A-04-0S and RZ-09-0S for an annexation and rezone from RUT to R-E-DA with conditions of development to be placed in a development agreement as provided within their findings of fact and conclusions of law document, dated October 6, 200S. COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 recommend approval of PP-04-0S for a preliminary plat for Springhaven Subdivision with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 6, 200S. Page 13 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on October 28, 2008, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of this proposal was presented to the City Council by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented by no one. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE: The Council voted 4 to 0 to approve A-04-08 and RZ-09-08 for an annexation and rezone from RUT to MU-DA, with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement: 3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, 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. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 Provide an agreement with the adjoining property owner to the west indicating an assurance for dedication of up to twenty-five feet (25') of right-of-way located outside of the subdivision boundary for N. Old Orchard Lane prior to submitting a final plat application. 3.4 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City of Eagle's municipal water system. All water mains to be dedicated to the public shall only be constructed on rights of way, easements, or publicly owned property. Easements or permits secured for the main extension shall be obtained in the name of the City, along with all rights and title to the main at the time of service is provided to the customer paying for the extension. Water mains shall be extended by the applicant as designated by the City Engineer where future water system extensions are expected to occur. The developer shall enter into a "Memorandum of Agreement" to provide water for fire suppression to Springhaven Subdivision in compliance with and consistent with the intent of Title 6, Chapter 5 of Eagle City Code prior to adoption of an ordinance of annexation. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-04-08 for a preliminary plat for Springhaven Subdivision with the following Planning and Zoning Commission recommended site specific and standard conditions of approval with strike through text to be deleted by the Council and underline text to be added by the Council: Page 14 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-09-08. 2. Comply with any requirements of the City Engineer. 3. Provide correspondence from Eagle Fire Department approving N. Orchard Lane as aI, 1 00 foot long cul-de-sac road prior to submitting a final plat application. 4. The applicaflt shall 'lacate the twenty fiye foot (25') wide ingress/egress adjaeent to the eastern property line prior to s\:lbmitting a final plat applieation. If the twenty-five foot (25') wide ingress/egress easement adiacent to the eastern property line is not removed prior to submitting a final plat application, applicant shall add a disclosure in the subdivision CC&Rs describing the easement area 5. The portion of the twenty-five foot (25') wide ingress/egress easement adjacent to the western property line which is not utilized for right-of-way shall be vacated prior to submitting a final plat application. 6. The applicant shall show a fifty-foot (50') wide ingress/egress/public utility easement from the terminus of N. Orchard Lane to the unplatted parcel located at the southwest comer of Springhaven Subdivision at the time of submitting a final plat application. 7. The pressurized irrigation line shall be located within the required twelve foot (12') wide drainage and irrigation easements. 8. Submit a Design Review application with a landscape plan showing the required improvements (berming, landscaping, sidewalk, and irrigation pumphouse) within the common lots pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design Review Board prior to the submittal of a final plat application. 9. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along the street abutting this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 10. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the City Forester. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the City Clerk signing at the final plat. The applicant shall have an on-site meeting with the City Forester to survey all existing trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 11. Springhaven Subdivision shall remain under the control of one Homeowners Association. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. Page 15 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 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. Department of Environmental Quality approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifYing that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certifY that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Page 16 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 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 (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the Page 17 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 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. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. Page 18 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 32. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 33. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 34. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 35. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held on site at 6:00 PM, August 5, 2008, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on August 7,2008. 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 August 25, 2008. 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 August 22,2008. The site was posted in accordance with the Eagle City Code on September 14,2008. Requests for agencies' reviews were transmitted on August 12,2008, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on October 6, 2008. 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 October 2,2008. The site was posted in accordance with the Eagle City Code on October 17, 2008. 3. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-04-08/RZ-09-08) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-E-DA (Residential-Estates with a development agreement) is consistent with the Residential-Estates land use designation as shown on the Comprehensive Plan Land Use Map; Page 19 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities are not in proximity to this location, nor expected to be provided, to serve single-family dwelling units on this property under the proposed zone therefore the site will be served by individual wells and septic systems; c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the north since Beacon Light Road is a minor arterial and a fifty foot (50') wide landscaped berm will separate this property from those areas, and; d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the A-R (Agricultural-Residential) zone and land use to the south since that area has a similar Comprehensive Plan land use designation and is developed in a similar manner as proposed for this development, and; e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the R-E (Residential-Estates up to one unit per two acres) zone and land use to the west since that site has the same Comprehensive Plan land use designation as proposed for this site, and could be developed in a similar manner; and f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible with the RUT (Residential-Ada County designation) zone and land use to the east since that site has a similar Comprehensive Plan land use designation and could be developed in a similar manner as this development, and; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and 4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat (PP-04- 08) 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 subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, water served by individual wells, and sewer by the utilization of septic systems; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. 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; e. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. Page 20 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc DATED this 12th day of November, 2008. CITY COUNCIL OF THE CITY OF EAGLE Ada COtitJ..!Y, Idaho ATTEST: A\C4-<' -- ~ ~ ..........Sharon . Bergmann, Eagle City lerk ",..........,.. ........ ~AGl.. .... ...... 0 ~ ........ I: ff, .:' ~. -. '* $ !-., i' ov.A T~ ... .. "0:. ~ ....: ~~ .. ': : CJ: 0 , _: : - . tI ,. 1.. .... - : ~ h...v.e:O: ':... c.~p <J:::C ~ ~ ..." " ...~.. '\' $ ~ ..-1tC'ORPO\l~..".... ...... S' ........ \: \. ...... " l'I\Tr \' ," ##"1.'" ,". .,.... , , I I ~ . , ~ ' Page 21 of21 K:\Planning Dept\Eagle Applications\SUBS\2008\Springhaven Sub ccf.doc