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.
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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
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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
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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.
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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.
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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.
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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:
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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.
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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
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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
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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
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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;
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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.
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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:
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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.
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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
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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
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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.
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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;
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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.
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DATED this 12th day of November, 2008.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada COtitJ..!Y, Idaho
ATTEST:
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..........Sharon . Bergmann, Eagle City lerk
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