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Findings - CC - 2009 - A-02-09/RZ-02-09 - A/Rz From Rut To Re-Da/6.12 Acre Site/1628 N Meridian Rd. BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL-URBAN TRANSITION) ) TO R-E-DA (RESIDENTIAL-ESTATES ) WITH A DEVELOPMENT AGREEMENT) ) FOR TERRY L. AND NANCY HARRIS ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-02-09 & RZ-02-09 The above-entitled annexation and rezone applications carne before the Eagle City Council for their action on July 14,2009, at which time public testimony was take:n 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: Terry 1" and Nancy Harris represented by Shawn Nickel with Rose Law Group Borton are requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) to R-E-DA (Residential-Estates up to one unit per two (2) acres with a development agreement). The 6.l2-acre site is generally located on the east side ofN. Meridian Road approximately 950 feet north ofW. Floating Feather Road at 1628 N. Meridian Road. B. APPLICAnON SUBMITTAL: A Neighborhood Meeting was held onsite at 6:15 PM, Wednesday, November 19,2008, on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 4, 2009. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance: with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 20, 2009. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 13, 2009. The site was posted in accordance with the Eagle City Code on April 24, 2009. Requests for agencies' reviews were transmitted on March 5, 2009, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance: with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 22,2009. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 17, 2009. The site was posted in accordance with the Eagle City Code on July 3, 2009. Page 1 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHaTTis.doc D. HISTORY OF RELEVANT PREVIOUS ACnONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates (up to RUT (Rural-Urban Transition Single-family one (1) dwelling unit per - Ada County designation) dwelling/pasture five (5) acres maximum) Proposed No Change R- E- D A (Residential-Estates Future parcel division up to one (1) unit per two (2) acres with a development agreement) North ofsite Residential Estates (up to R-E (Residential-Estates up to Residential (Canterbury one (1) dwelling unit per one (1) unit per two (2) acres) Subdivision) two (2) acres maximum) South of site Residential Estates (up to RUT (Rural-Urban Transition Single-family dwelling one (1) dwelling unit per - Ada County designation) two (2) acres maximum) East of site Residential Estates (up to RUT (Rural-Urban Transition Vacant parcel one (1) dwelling unit per - Ada County designation) two (2) acres maximum) West of site Residential Two (up to R-E (Residential-Estates up to Residential (Cavallo Estates two (2) dwelling units per one (1) unit per two (2) acres) Subdivision) acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. H. TOTAL ACREAGE OF SITE: +/- 5.7 4-acres (+/- 6.l2-acres inclusive of adjacent irrigation ditch parcel) I. APPLICANT'S STATEMENT OF JUSnFICAnON FOR THE REZONE: See amended justification letter date stamped by the City on May 5, 2009, provided by the applicant (attached to the staff report). J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See amended justification letter date stamped by the City on May 5, 2009, provided by the applicant (attached to the staff report). K. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: United Water Company has stated in an email that this site is serviceable from an existing twelve inch (12") water line located within the Meridian Road right-of-way. Page 2 of III K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc L. PUBLIC USES SHOWN ON FUTURE ACQUISInONS MAP: No map currently exists M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - none Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes, adjacent to the existing dwelling and Meridian Road Riparian Vegetation - no Steep Slopes - no Stream/Creek - yes, Dry Creek Canal adjacent to north property line Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown N. NON-CONFORMING USES: None are apparent on the site. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: Ada County Highway District - Provided site specific conditions of approval the District may require when it reviews a future development application Central District Health Department - No objections to the proposal Chevron Pipeline - No conflicts with the pipeline Department of Environmental Quality - No comment Eagle Fire Department - Comments regarding street signs, spacing of fire hydrants, and requirement of fire access roads. Idaho Transportation Department - No comment United Water Company of Idaho (email from Dan Brown) - Indicated the property is serviceable from an existing 12" water line fronting the property in Meridian Road. P. LETTERS FROM THE PUBLIC: None received 10 date. ST AFF 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 11-27-07) designates this site as: Residential Estates Suitable primarily for single family residential development on acreages may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. An allowable density of up to 1 unit per 2 acres. Page 3 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc Chapter 8 - Transportation 8.2 - Street Classification 8.2.6 Local Roadways Mobility Function: The primary function of a local street is to serve abutting property. Local streets are to be designed to allow on-street parking and discourage continuous or unobstructed flow of traffic through residential neighborhoods. Access Function: To normally provide abutting properties with unrestricted access to the local street unless the street is a local commercial street, in which case access restrictions may apply. Right-of- Way: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. All roadways not classifie:d as arterials or collectors are considered local roadways. 8.6.2 Specific Design Strategies a) Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required if permitted under the Americans With Disabilities Act (ADA) and where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required. Where adequate facilities exist, efforts should be made to provide a canopy effect over the roadways. The type of street trees used should be those that have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Root barriers should be required. s) Encourage arterial and collector roadway design criteria consistent with the rural nature of planned and existing developments generally within the areas designated on the Land Use Map as Residential Rural (one dwelling unit per five acres maximum) and Residential Estates (one dwelling unit per two acres maximum). For purposes of this section, roadways should include, but are not limited to: . Homer Road . Beacon Light Road . Park Lane . Meridian Road . Ballantyne Road Page 4 of 1 it K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc · Eagle Road (from Floating Feather Road north to the Impact Area boundary), · Linder Road (from Beacon Light Road north to the Impact Area boundary), · Palmer Road, · New arterial and collector roadways within the Foothills region that have forecast daily traffic volumes of less than 18,000 vehicles. Such designs should include the following: · ADA (Americans With Disabilities Act) permitting, sidewalks and/or pathways should meander and be separated from any roadway edge or curb to allow for added pedestrian safety. Topography, trees, ditches and/or similar features may limit the distance between sidewalks and/or pathways and the roadway edge. Easements may be needed if portions of the sidewalk and/or pathway are to be located outside of the right-of-way. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) C. DISCUSSION: · The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one dwelling unit per two acres). The applicant is requesting annexation and rezone to R-E-DA (Residential-Estates - up to one (1) dwelling unit per two (2) acres with a development agreement) to facilitate a future parcel division. · The applicant provided a draft development agreement, date stamped by the City on May 5, 2009, with Conditions of Development allowing 1) the single family located on the site to remain on the existing well and septic system, 2) a sidewalk to not be required adjacent to Meridian Road, 3) the strip of land containing the irrigation ditch located adjacent to the north boundary to be part of the annexation, but may not be considered as part of a future parcel division, and 4) the agreement will not include any conditions of approval from Ada County Highway District. o Within the justification letter, date stamped by the City on May 5, 2009, the applicant's representative indicated that sewer and water are not readily available to this subdivision. It goes on to state that due to the size of the new lot to be created (2 acres), a private well and individual septic system may be utilized. First, the applicant is requesting the rezone to facilitate a future parcel division. Although a parcel division is allowed pursuant to Eagle: City Code, Title 9, Subdivisions, it should be noted a parcel division is not a subdivision. Secondly, United Water Company of Idaho has indicated that a twelve inch (12") water line is located within Meridian Road which fronts this property therefore the property can be served by central water. The applicant acknowledges the presence of a United Water line within their submitted draft development agreement, Condition of Development No. 2.1, which states: "Existing Well, the existing single family dwelling can remain on the existing domestic well unless the well was to fail. Any new dwellings must hook-up to United Water at the time of Building Permit for the new dwelling. " If the applicant is not willing to connect the existing dwelling to public water at this time the applicant Page 5 of 1 ][ K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc should be required to provide a stub-out for public water to the existing home prior to the City Clerk signing a parcel division record of survey. o Within the draft development agreement provided by the applicant, Condition of Development No. 2.2 states: "Sewer, the existing single family dwelling can remain on the existing individual septic. Any new dwelling must hook-up to Eagle Sewer District if a sewer line is reasonably available at the time of Building Permit for the new dwelling." Condition of Development No. 2.2, should also contain language similar to Condition of Development No. 2.1, requiring that should the septic system serving the existing single-family dwdling fail, the homeowner should be required to hook-up to Eagle Sewer District facilities contingent upon those facilities being available. o Within the applicant's draft development agreement, Condition of Development No. 2.3 states: "Sidewalk, a sidewalk along the frontage of Meridian Road shall not be required as part of this agreement. " The site contains a few mature trees which are located between the existing single family dwelling and Meridian Road. There are no trees located adjacent to Meridian Road on the portion of the site which may be split from the area where the existing single family dwelling is located. A sidewalk was not required as part of the approval for Canterbury Subdivision which is adjacent to this property to the north, however a sidewalk is located adjacent to Cavallo Subdivision on the west side of N. Meridian Road across from this site. The sidewalk continues north from Cavallo Subdivision zoned R-E (Residential Estates up to one unit per two acres) across the front of the adjoining property (known as the Harrison property) which is also zoned R-E-DA (Residential-Estates up to one unit per two (2) acres with a development agreement) and was recently split through the approval of a parcel division. A Condition of Development within the Harrison' development agreement was that a sidewalk be constructed prior to the City Clerk signing a parcel division for that property. The annexation and rezone of the Harris' (subject) property is to facilitate a future parcel division. The adjacent property south of this site may be developed in the future and a sidewalk may be required as part of that approval. In this area, the city has continual1y required the construction of sidewalks along Meridian Road, and any breaks in the ongoing c:onnectivity will not serve in the best interests of the city. Prior to the redevelopment of this site, whether it is through a parcel division or subdivision approval, the applicant should be required to construct a sidewalk adjacent to North Meridian Road prior to the City Clerk signing a parcel division record of surveyor a subdivision final plat. The applicant should provide a site plan showing a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA standards) located no closer than eighteen feet (18') from the centerline of North Meridian Road. The applicant should[ construct the sidewalk prior to the City Clerk signing a parcel division record of survey. If the applicant locates any portion of the sidewalk outside of the public right of way, the applicant should provide to the City the recorded easement granting public use and access on the portions of the sidewalk located outside of the public right of way. o Within the applicant's draft development agreement, Condition of Development No. 2.4 states: "Irrigation Ditch, the strip of land located along the north boundary of the property that contains the existing irrigation ditch has been included as part of the annexation application, but may not be considered part of any future parcel division until owned by applicant." The application and legal description references and Page 6 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccf Harris.doc describes a piece of property located north of the Harris' property which contains an irrigation ditch. As of this date it is unknown who owns the parcel. The applicant is requesting the City to annex and rezone this property similar to the process of annexing and rezoning a public right-of-way. Until it is determined whether the property is public or privately owned staff is not supportive of annexing and rezoning the property at this time. Due to the fact the owner of the adjacent property where the irrigation ditch is located is unknown, it is impossible to make those owners a party of the development agreement. Staff recommends that only the property currently owned by the applicant be annexed and rezoned. Upon the applicant gaining ownership of the aforementioned property they may then apply for annexation and rezone of that parcel. o Within the applicant's draft development agreement, Condition of Development No. 2.5, states: "ACHD, this agreement does not include any conditions of approval from Ada County Highway District. " It should be noted that the City of Eagle does not have the authority to waive conditions of approval which ACHD places on development applications. Therefore staff does not recommend the applicant's requested Condition of Development No. 2.5 be placed in the development agreement. · 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 - up to one (1) unit per two (2) acres with a development agreement) is consistent with the designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the R-E (Residential- Estates - up to one unit per two acres) zone and land use to the north since that area is developed as a residential subdivision in a similar manner as this property may be developed, and; d. The proposed zoning designation ofR-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the RUT (Residential- Urban Transition - Ada County designation) zone and land use to the south since that area could be developed with lots of similar size in the same manner at a later date; e. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the R-E (Residential- Estates - up to one unit per two acres) zone and land use to the west since that area is developed as a residential subdivision in a similar manner as this property may be developed, and; f. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the RUT (Residential- Urban Transition - Ada County designation) zone and land use to the east since that area may be developed in a similar manner in the future; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and Page 7 of II K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc h. No non-conforming uses are expected to be created with this rezone if the conditions to be placed within the development agreement are achieved. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested annexation and rezone from RUT (Rural-Urban Transition - Ada County Designation) to R-E-DA (Residential-Estates one unit per two (2) acres with a development agreement) with the following conditions to be placed within a development agreement: 3.1 The development shall not exceed one (1) unit per two (2) acres. 3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding a parcel division, 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. 3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion ofthe 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. 3.4 Provide a revised site plan showing a meandering, detached five foot (5') wide concrete sidewalk (meeting ADA standards), no closer than eighteen feet (18') from the centerline of North Meridian Road. The site plan shall be reviewed and approved by Staff prior to construction of the sidewalk. The applicant shall construct the sidewalk prior to the City Clerk signing a parcel division record of survey. If the applicant locates any portion of the sidewalk outside of the public right of way, the developer shall provide to the City the recorded easement granting public use and access on the portions of the sidewalk located outside of the public right of way. 3.5 The existing home may continue the use of the existing well and septic, however the applicant shall provide a stub-out for public water and sewer service to the existing home for connecting to central services in the event that either the well or septic system fail. The stub- out lines shall be provided prior to the City Clerk signing the parcel division record of survey. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on June 1, 2009, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. Page 8 of 11dK:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc COMMISSION DECISION: The Commission voted 4 to 0 (Tanner abstain) to recommend approval of A-02-09 and RZ-02-09 for an annexation and rezone from RUT (Rural-Urban Transition) to R-E-DA (Residential-Estates - up to one (1) dwelling unit per two (2) acres with a development agreement) for Terry 1" and Nancy Harris with conditions to be placed within a development agreement as shown within their Findings of Fact and Conclusions of Law document, dated April 20, 2009. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council on July 14, 2009, 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 to the City Council by no one. COUNCIL DECISION: The Council voted 3 to 0 (Semanko recused) to approve A-02-09 and RZ-02-09 for an annexation and rezone from RUT (Rural-Urban Transition) to R-E-DA (Residential-Estates - up to one (1) dwelling unit per two (2) acres with a development agreement) for Terry 1" and Nancy Harris with the following Planning and Zoning Commission recommended conditions to be placed within a development agreement with strike through text to be deleted by the Council and underline text to be added by the Council: 3.1 The development shall not exceed one (1) unit per two (2) acres. 3.2 Applicant will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applicant will submit such applications regarding a parcel division, 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. 3.3 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. 3.1 Provide a reyised site plaFl sho',yiFlg a meaflderiHg, detached fiye foot (5') wide eOHcrete sidewalk (meetiHg ,^.D:\ standards), no closer thafl eighteeH feet (18') from tbe eeHterline of North Meridiafl R0aa. Tbe site plafl sball be re./iewed afld approyea by Staff prior to eonstmction of the siaewalk. Tbe applicaflt shall construct the side'Nalk prior to the City Clerk signing a parcel division record of survey. Iftbe ltflplicaflt locates aflY portion of the sidewalk ol:ltside oftbe public rigbt of way, the ee'/eloper shall proyide to the City tbe recorded easement granting public \:Ise aFld access 0Fl the porti0ns of the sidewalk 10cated outside of the public right of 'Nay. 3.5 The existing home may continue the use of the existing well and septic system. The, bowever tbe ltflplieaflt shall provide a stub out fer p\:lblic .../ater afld se'.ver service to the existing home fef will be required to connectffig to central services in the event that either the well or septic Page 9 of 111 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris,doc system fail and services are readily available at that time. The srub Ol:lt liRes shall be proyidecl prior to the City Clerk sigaing the parcel clivisioR reeorcl of sl:lrvey. At the time a new residential dwelling is constructed on the property or a portion of the original property the new residential dwelling shall be connected to central services when those services are readily available. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held onsite at 6:15 PM, Wednesday, November 19,2008, on site in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on March 4, 2009. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 20, 2009. Notice of this public hearing was mailed to property owners within three- hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 13, 2009. The site was posted in accordance with the Eagle City Code on April 24, 2009. Requests for agencies' reviews were transmitted on March 5, 2009, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 22, 2009. Notice of this public hearing was mailed to property owners within three- hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on June 17, 2009. The site was posted in accordance with the Eagle City Code on July 3, 2009. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-02-09) 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 is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation ofR-E-DA (Residential-Estates - up to one (1) unit per two (2) acres with a development agreement) is consistent with the designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the R-E (Residential- Estates - up to one unit per two acres) zone and land use to the north since that area is developed as a residential subdivision in a similar manner as this property may be developed, and; d. The proposed zoning designation ofR-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the RUT (Residential- Urban Transition - Ada County designation) zone and land use to the south since that area could be developed with lots of similar size in the same manner at a later date; e. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the R-E (Residential- Estates - up to one unit per two acres) zone and land use to the west since that area is developed as a residential subdivision in a similar manner as this property may be developed, and; Page 10 ofll K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc f. The proposed zoning designation of R-E-DA (Residential-Estates - up to one unit per two-acres with a development agreement) is compatible with the RUT (Residential- Urban Transition - Ada County designation) zone and land use to the east since that area may be developed in a similar manner in the future; g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone if the conditions to be placed within the development agreement are achieved. DA TED this 11th day of August, 2009. CITY COUNCIL OF THE CITY OF EAGLE unty, Idaho / ",'"11...., ", '" " G BAGl. " ..,.." 0"-........ I: 1,## .. ~ .. -.- ! ~ ... ~O\tA 1'~ -.. . \ : r~: ~ ~: -'-'-0 .- .. , -- : : . u ,. '\....... _ :: r\..v!':O: ':... c.~r (:J::r:: -:. e. / ~ ~1cI.. ~ ! ':. ..ZCoR po\l~.. L'\" .... "" & ....... "V \,V ," "" l' ATE 0 ........ '#""'.,1111"'" ATTEST: Page 11 of 11 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-02-09 & RZ-02-09 ccfHarris.doc