Findings - CC - 2009 - A-07/09/RZ-08-09/PP/FP-01-09 - A/Rz From Rut To Ar-Da/2 Lot/10.01 Acre/6344 W Beacon Light RoadDRIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A REZONE FROM RUT (RURAL -URBAN
TRANSITION) TO A -R -DA (AGRICULTURAL -
RESIDENTIAL WITH A DEVELOPMENT
AGREEMENT) AND COMBINED PRELIMINARY
PLAT/FINAL PLAT FOR SULIK SUBDMSION FOR
PAUL AND SUSAN SULIK
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-07-09/RZ-08-09 & PP/FP-01-09
The above -entitled Annexation, Rezone with a development agreement, and Combined Preliminary
Plat/Final Plat applications came before the Eagle City Council for their action on October 13, 2009, 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:
Paul and Susan Sulik are requesting annexation and rezone with development agreement from
RUT (Rural -Urban Transition) to A -R -DA (Agricultural -Residential — up to one (1) unit per
five (5) acres with a development agreement) and combined preliminary plat and final plat
approval for Sulik Subdivision, a two (2) lot residential subdivision. The 10.01 - acre site is
generally located on the north side of W. Beacon Light Road approximately 1,280 feet east of
Hartley Road at 6344 W. Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at 6:00 PM, Wednesday, February 18, 2009, 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 June 18, 2009.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in the Idaho Statesman in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and the Eagle City Code on July 17, 2009. Notice of
Public Hearing on the application for the Eagle Planning and Zoning Commission was
also published in the Valley Times on July 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 July 13, 2009. The site was posted in accordance with the Eagle City Code on
July 20, 2009. Requests for agencies' reviews were transmitted on June 29, 2009, 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 September 28, 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 September 23,
2009. The site was posted in accordance with the Eagle City Code on October 2, 2009.
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D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated February 21, 2009, provided by the applicant (attached to the
staff report).
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN
ZONING LAND USE
DESIGNATION DESIGNATION
Existing Transitional Residential RUT (Rural -Urban Two (2) single-family
Transitional -Ada County homes and accessory
designation) structures
Proposed No Change A -R -DA (Agricultural -
Residential with a
development agreement)
North of site Transitional Residential
RUT (Rural -Urban
Transitional -Ada County
designation)
Residential subdivision
consisting of two (2) lots
Agriculture
(Proposed Hartley Lane
Planned Unit Development)
South of site Residential Two (up to RUT (Rural -Urban Agriculture
two dwelling units per Transitional -Ada County
acre) designation)
East of site Rural Residential (up to RUT (Rural -Urban One (1) single-family
one dwelling unit per five Transitional -Ada County residence and accessory
acres) designation) structures and agriculture
West of site Rural Residential (up to RUT (Rural -Urban Two (2) single-family
one dwelling unit per five Transitional -Ada County residences and accessory
acres) designation) structures
H. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
I. SITE DATA:
Total Acreage of Site — +1- 10.01 -acres
Total Number of Lots — 2
Total Number of Units — 2
Residential — 2
Commercial — 0
Industrial — 0
Common — 0
Single-family — 2
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Duplex — 0
Multi -family - 0
Total Acreage of Any Out -Parcels — none
ADDITIONAL SITE DATA
Dwelling Units Per Gross Acre .20 -units per acre
PROPOSED
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
(measured as total landscaping of
the entire site)
Percent of Site as Common Area 0%
(measured as total landscaping of
the entire site)
4.70 -acres (204,732 sq. ft.)
280.28 -feet (approx.)
50 -feet
0 -acres
J. GENERAL SITE DESIGN FEATURES:
REQUIRED
1 -unit per five acres (.20 -units
per acre maximum)
4.70 -acres (204,732 sq. ft.)
100 -feet
35 -feet
0 -acres (not required in the A-
R zoning district)
0% (not required in the A -R
zoning district)
Landscape Screening:
The applicant is not proposing to install the required landscape buffering per Eagle City
Code adjacent to W. Beacon Light Road. The site contains several trees adjacent to W.
Beacon Light Road. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b), the applicant is
required to construct a fifty foot (50') wide buffer area along W. Beacon Light Road.
Open Space:
Because this subdivision will be located within the A -R zoning district, a minimum
amount of open space is not required, and none is proposed.
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 twelve -foot (12') wide utility easements shall be
provided along all exterior boundaries of the subdivision.
Fire Hydrants and Water Mains:
The applicant is not proposing any fire hydrants since municipal water lines are not
located in proximity to the site.
On-site Septic System:
Central sewer service is not located in proximity to the site and Central District Health
Department has previously approved the existing homes to be served by individual septic
systems.
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Pressurized Irrigation:
The site is currently being served by flood irrigation. The applicant is requesting a waiver
of the pressurized irrigation requirement.
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (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 existing trees, which are located around the existing
structures and adjacent to W. Beacon Light Road, are proposed to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If during excavation or
development of the site, any historical artifacts are discovered, state law requires
immediate notification to the state.
K. STREET DESIGN:
Private or Public Streets:
The proposed two (2) lot subdivision is fronted by West Beacon Light Road and does not
contain any internal streets.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None
Cul-de-sac Design: No cul-de-sacs are proposed
Curbs and Gutters:
No curbs and gutters are proposed adjacent to West Beacon Light Road.
Sidewalks:
West Beacon Light Road abutting this parcel is currently not improved with any curb,
gutter or sidewalk. A sidewalk is not proposed within the subdivision. Also, there are no
sidewalks located nor proposed on W. Beacon Light Road in proximity to this site. In lieu
of constructing sidewalks the applicant is dedicating to the Ada County Highway District
additional road right-of-way adjacent to W. Beacon Light Road.
Lighting:
Lighting for the proposed subdivision 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 lights
shall be completed prior to the City Clerk signing the final plat.
Street Names:
Street name approval by the Ada County Street Name Committee has not been received to
date. Approval from that committee is required prior to final plat approval.
L. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: None proposed
Bike Paths: None proposed
,6014., M. PUBLIC USES PROPOSED: None proposed
N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
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O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Letters have not been received from the Eagle Fire Department and Eagle Sewer District.
Central District Health Department provided correspondence date stamped by the City on
July 15, 2009, indicating that they will require a subdivision application and full
engineering report prior to providing a recommendation regarding the proposed
subdivision. The development will be provided potable water by a shared well.
P. NON -CONFORMING USES:
Based upon the information available and the recommended conditions within the
development agreement, the proposed rezone will not create any non -conforming issues
with regard to provisions of the Eagle City Code.
Q.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — No
Evidence of Erosion — No
Fish Habitat — No
Floodplain — No
Mature Trees — Yes — adjacent to W. Beacon Light Road and in proximity to the single-family
dwelling closest to W. Beacon Light Road.
Riparian Vegetation — No
Steep Slopes — No
Stream/Creek — No
Unique Animal Life — Unknown
Unique Plant Life — Unknown
Unstable Soils — No
Wildlife Habitat — No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required
S. 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:
City Engineer: All comments within the Engineer's letters dated July 28, 2009, are of
special concern (attached to the staff report).
Ada County Highway District — Recommended dedicating 48 feet of right-of-way from the
centerline of W. Beacon Light Road without compensation in lieu of constructing a
sidewalk at this time. The district is also permitting only one (1) access point to be shared
by both properties.
Central District Health Department — Requires the applicant to file a subdivision
engineering report with the district.
Chevron Pipe Line — No conflicts with the pipe line.
Department of Environmental Quality — Recommended verifying that there is adequate
water and sewer to serve the project.
Idaho Transportation Department — No comment
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T. LETTERS FROM THE PUBLIC:
A letter of correspondence dated February 17, 2009, from Bert and Dave Johnson, and Pat
Thacker was received with the application expressing concern regarding the delivery of
irrigation water via a pipe line from the Farmers Union Canal. They requested that they
have access for maintaining the pipe line and that future development does not occur on
top of the current delivery system. They also requested that the delivery of irrigation water
not be impeded as required pursuant to state statute.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• The Comprehensive Plan Land Use Map designates this site as Transitional Residential and
Village Center.
Residential Transition
Residential development that provides for a transition of density within the planning area
while keeping in context the density, scaling and lot sizes of existing or proposed uses.
Commonly requires changes in lot dimensions and scaling, see specific planning area text for a
complete description.
Village Center
Suitable for development that accommodates the development of an employment center with
supporting residential, commercial, quasi -public, and business uses. All uses should be within
walking distance from the employment center and are intended to service the immediate area
not to distract from the central business district.
• Chapter 6 — Land Use
6.6 Land Use Implementation Strategies
g.
Locate higher -density residential development closest to the Central Business
District (CBD) and activity centers as shown on the Comprehensive Plan
Land Use Map.
1. Protect gravity flow irrigation systems including canals, laterals and ditches to
assure continued delivery of irrigation water to all land serviced by such
systems, to protect irrigation systems as a long range economical method for
water delivery and to coordinate surface water drainage to be compatible with
irrigation systems.
m. Protect farm- related uses and activities from land use conflicts or from
interference created by residential, commercial, or industrial development.
Promote the Idaho Right To Farm Act.
6.8 Land Use Sub Areas
6.8.2 Village Planning Area
The Village Planning Area is designed to provide flexibility of design while also
ensuring compatibility to existing large lot residential uses and transitional density
as development approaches Homer Road and the Foothills. This area is not
intended to be master planned but does require great care in planning to ensure
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that uses are compatible and that the Village Center serves as an anchor of the
area and is not taken over by residential uses.
a. Uses/Design
The land use and development policies specific to the Village Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and/or educational campus, hospitality and office uses. Non-
residential uses will be focused in the Village Center.
1. Village Center: The Village Center encompasses approximately 600 -
acres and is generally located along Beacon Light Road, bounded by
Palmer Lane to the west and Lanewood Road to the east, and is more
specifically described on the Future Land Use Map (Map 6.1). All Non-
residential uses will be focused in the Village Center. This area is
comprised of three key components:
(a) A research and development/educational campus and/or corporate park
area designed to provide sufficient space for corporate headquarters in
a park -like setting near ancillary commercial uses located in the village
center; and
(b) A village center providing ancillary retail commercial, hospitality and
civic uses;
(c) A potential high school and/or middle school site located near the
village center and higher density residential areas. This location allows
for the transfer of density into an appropriate residential area which
minimizes busing costs and the traffic concerns of placing schools in
residential areas because the schools will be within walking distance to
services that the students would typically use.
Illustration 6.2
Village Center Concept
2. Residential Areas:
New developments that are proposed near the Village Center shall be
encouraged to include apartments, town homes, condominiums, patio
homes, bungalows and live/work units ranging in densities from 5 to up to
10 units per acre.
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Algobs
Decreasing densities should be allowed as the area radiates out of the
village center. The overall densities in the Village Planning Area outside
of the village center shall average 1-2 units per acre to the south of
Beacon Light Road. Residential densities north of Beacon Light should
be 1-2 units per acre transitioning (feathering and clustering) to the north
and east ensuring compatibility with existing residential and foothills
development.
Lot sizing and compatibility will be paramount as residential development
reaches the existing 2 and 5 -acre lots in the area east of Linder Road and
north of Floating Feather Road.
Special care should be given to the feathering and clustering of residential
units as development reaches the foothills/ Farmers Union Canal.
All Commercial use beyond Neighborhood Commercial should be
directed to the commercial center at State Highway 16 & 44 or to the
Village Center.
Illustration 6.3:
Farmland Cluster Example
b. Access
The Village Planning Area will promote the construction of an east/west
boulevard that will include planted medians, sidewalks and limited
signalization. This road design shall be similar to Harrison Boulevard and
Park Center Boulevard in Boise.
This area will also include the extension of Homer Road from Linder Road to
the village center and the realignment of Beacon Light Road to slow the flow
of traffic between Hwy 16 and Hwy 55.
The Village Planning Area will be dependent upon the interconnectivity of
,4001,,, local roads as the area develops.
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Access to the area from State Highway 16 should be limited to the mile
between Beacon Light Road and Floating Feather.
Commercial and retail uses should be discouraged from fronting on State
Highway 16. Non-residential use should be focused internally to the Village
Center and the residential uses and located along local/collector roads.
ITD should be discouraged from constructing frontage roads along the eastern
side of Hwy 16 and landscape berms should be used to continue a gateway
feeling to the city along the eastern side of Hwy 16.
The design of the area should incorporate non -motorized pathways linking
residential areas to the village center, foothills and the existing Eagle
Downtown.
• Chapter 8 — Transportation
8.1 Background:
The City's existing network of roadways represents only a portion of the system
needed to serve future growth and development. As the City continues to
experience growth, population will increase and the number of vehicles using the
transportation system will increase. In addition to adding new streets and
roadways, modifications and extensions to the existing routes will be necessary in
order to create a fully integrated, modern, efficient transportation system that will
effectively serve the residents of the City, the business community and the
traveling public.
8.2 Street Classifications:
A roadway system must include a number of streets, each of which are designated
to handle a particular type and amount of traffic. The City of Eagle
Transportation/Pathway Network Maps #1 and #2, illustrates various proposed
classifications of roadways which are included in the Eagle City limits and Eagle
Area of Impact.
8.2.3 Rural Arterial: Beacon Light Road
Mobility Function:
The primary function of a rural arterial is to provide major circulation and
movement within rural low density areas (i.e.: one unit per two acres and lower)
and to connect with major activity centers and principle arterials. A rural arterial
may serve motorized and non -motorized transportation needs and may include up
to three vehicular traffic lanes with center turn lanes only at driveways and/or
street intersections that are expected to generate a minimum of 1,000 vehicle trips
per day, or where determined to be necessary for safety by ACHD.
Access Function:
Access to other roadways is less restrictive than principal arterials. Direct lot
access is restricted.
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Right -of -Way:
As shall be determined by the Highway District having jurisdiction with
recommendations by the City seriously considered by the Highway District.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2 defines Easement as:
Authorization by a property owner for the use by another, and for a specified purpose, of
any designated part of his property.
• Eagle City Code Section 8-1-2 defines Nonconforming Use as:
A building, structure or use of land existing at the time of enactment of this title, and
which does not conform to the regulations of the district in which it is situated.
• Eagle City Code Section 8-1-2 defines Setback Line as:
A line established by this title, generally parallel with and measured from the lot line,
defining the limits of a yard in which no building or structure may be located aboveground
except as may be provided herein.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Regulations:
Official Height and Area Regulations
Zoning Maximum Front Rear Interior Street Maximum Minimum Lot Area Minimum
District Height Side Side Lot Covered (Acres Or Sq. Ft.) G Lot
And H* Width I*
I'4"R 1135'
60'
30'
130' 1145' 1110%
114.7 acres 11100'
• Eagle City Code Section 8-2A-7(J)(4)(b)
Any road designated as a minor arterial on the transportation and pathway network plan in
the Eagle comprehensive plan:
A minimum of fifty feet (50') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: five
(5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty
four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade
trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided,
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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• Eagle City Code Section 8-3-5: Unique Land Uses:
Certain unique land uses pose special problems that may have detrimental influences on
surrounding land uses. The following performance standards for such unique land uses
shall be adhered to in addition to all other provisions of this title:
A. Accessory Building:
3. Accessory buildings one hundred twenty (120) square feet in area or larger shall
comply with the minimum setbacks as required in section 8-2-4 of this title and shall be
limited to a maximum height of twenty five feet (25').
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6 Rules and Definitions
EASEMENT: A grant by a property owner to specific persons or to the public to use land
for specific purposes. Also, a right acquired by prescription.
• Eagle City Code Section 9-2-3 (B)(1-5)
Combining Preliminary and Final Plat in Minor Subdivisions: The applicant may request that
the subdivision application be processed as both a preliminary and final plat if all the
following exist:
1. The proposed subdivision does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
• Eagle City Code Section 9-3-2 (C)(3)(1) Preliminary Plat — Required Information and Data:
A site report as required by the appropriate health district where individual wells or septic
tanks are proposed.
• Eagle City Code Section 9-3-6 Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines
and side lot lines. Total easement width shall not be less than twelve feet (12'), except
that lesser easement widths, to coincide with respective setbacks, may be considered
as part of the planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that
lesser easement widths, to coincide with respective setbacks, may be considered as
part of the planned unit development.
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• Eagle City Code Section 9-4-1-6 Pedestrian/Bicycle Pathway and Sidewalk Regulations
F. Sidewalk Design:
1. Sidewalks, a minimum five feet (5') wide, shall be required on both sides of the
street; except, that where the average width of lots, as measured at the street
frontage line or at the building setback line, is over one hundred feet (100'),
sidewalks on only one side of the street may be allowed.
2. Sidewalks and crosswalks shall be constructed and maintained in accordance with
the standards and specifications of the Ada County highway district.
• Eagle City Code Section 9-4-1-8 Underground Utilities:
Underground utilities are required.
• Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains
Adequate fire protection shall be required in accordance with the appropriate fire district
standards.
D. DISCUSSION:
• The Comprehensive Plan's Land Use Map designates this site as Transitional Residential and
Village Center. The Comprehensive Plan's Land Use Map also designates this area to be
located within the Village Planning Area. The applicant is proposing a rezone from RUT
(Rural -Urban Transitional — Ada County designation) to A -R -DA (Agricultural -Residential
with a development agreement) and preliminary plat/fmal plat approval for Sulik Subdivision.
The applicant proposes to subdivide the 10.01 -acre site into two (2) lots, with lot sizes no less
than 4.70 -acres each. With this proposed subdivision, staff believes the character of the area
will not be changed since the proposed lot configurations, as well as the intent to develop the
site with single family dwellings, is compatible to the surrounding development. The
maximum overall density of the project will not exceed .20 -units per acre. The Village
Planning Area allows for flexibility of design while also ensuring compatibility to existing
residential uses in the area and providing for a transitional density as development approaches
the Foothills. The applicant is aware that the area surrounding the subject property may
develop with densities and uses that may have more additional impacts on the use and zone
proposed, and is also aware that the subject property will more than likely be redeveloped in
the future as the current economy recovers.
• The Central District Health Department (CDHD) provided correspondence date stamped by
the City on July 15, 2009, indicating that an application and full engineering report will be
required for review and approval prior to CDHD providing comment. The applicant should
provide a copy of the CDHD application and engineering report prior to the City Clerk signing
a final plat.
• The existing accessory structures located approximately twelve feet (12') and 2.78 feet east of
the western boundary line do not meet the required side yard setbacks for the A -R
(Agricultural -Residential) zoning district, which is thirty feet (30'). Staff defers comment to
the Commission and Council with regard to requiring the accessory structure to be relocated to
meet the thirty foot (30') side yard setback. If the Commission and Council allow the
accessory structure to remain in its current location, condition 3.4 of the development
agreement should be deleted or modified.
• Pursuant to Eagle City Code new subdivisions shall be provided with a pressurized irrigation
system and that a pressurized irrigation plan shall be provided to the City for review by the
City Engineer. The applicant should provide documentation showing the existing water right
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for the entire property, how the water right will be transferred and divided between the two
lots, and an irrigation plan showing how irrigation will be provided to each lot for review and
approval by the City Engineer prior to the City Clerk signing the final plat.
• Although both the preliminary plat and final plat date stamped by the City on June 18, 2009,
show a twelve foot (12') wide drainage and utility easement adjacent to the road right-of-way
and the subdivision boundaries the plat note on the respective plats describes the easements as
only being ten feet (10') in width. The applicant should submit a revised final plat noting, "All
lots are hereby designated as having a permanent public utilities, drainage and irrigation
easement twelve feet (12') in width parallel to the road right-of-way and the subdivision
boundary", prior to the City Clerk signing the final plat. Also, the drainage and utility
easements shown on the plat should be described as public utilities, drainage and irrigation
easements. The applicant should provide a revised final plat showing a twelve foot (12') wide
public utilities, drainage and irrigation easement adjacent to the road right-of-way and
subdivision boundaries prior to the City Clerk signing the final plat.
• The preliminary plat date stamped by the City on June 18, 2009, shows a proposed fire
department turn around on each of the proposed lots. The applicant should construct each
proposed fire department turn around and provide a letter of approval from the Eagle Fire
Department prior to the City Clerk signing the final plat.
• The two existing single-family dwellings on the property both receive potable water from a
common well located on the proposed Lot 2. Each dwelling receives water from the common
well utilizing a separate well pump, underground piping system and separate power meters.
The property is located in the City of Eagle Municipal Water System service area, however at
this time there are no municipal water lines in proximity to the subject property. At the time a
City of Eagle Municipal Water line is constructed adjacent to the site the applicant should be
required to connect the existing dwellings to City of Eagle Municipal Water.
• The applicant proposes to subdivide the 10.01 -acre site into two (2) lots, with the lot sizes no
less than 4.70 -acres in size. The preliminary plat date stamped by the City on June 18, 2009,
shows access to the Lot 1 and Lot 2, Block 1, will be provided using a shared driveway
located at the southeast comer of the property. The proposed driveway is shown taking access
from W. Beacon Light Road. The utilization of the common driveway will help minimize
additional access points along W. Beacon Light Road. The aforementioned lots should be
required to share a common driveway as shown on the preliminary plat.
STAFF RECOMMENDED FINDINGS PROVIDED WITHIN 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 A -R (Agricultural -Residential -up to one (1) unit
per five (5) 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 A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with
a development agreement) zone is compatible with the RUT (Rural -Urban
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Transitional — Ada County designation) zone and land use to the north since that area
may possibly be developed with lots of similar size or with a higher density than the
subject property, and;
d. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with
a development agreement) zone is compatible with the RUT (Rural -Urban
Transitional — Ada County designation) zone and land use to the south since that area
may possibly be developed with lots of similar size or with a higher density than the
subject property; and
e. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with
a development agreement) zone is compatible with the RUT (Rural -Urban
Transitional — Ada County designation) zone and land use to the west since that area
may possibly be developed with lots of similar size or with a higher density than the
subject property, and;
f. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with
a development agreement) zone is compatible with RUT (Rural -Urban Transitional —
Ada County designation) zone and land use to the east since that area may possibly be
developed with lots of similar size or with a higher density than the subject property;
and
g. The land proposed for rezone is not located within a "Hazard Area" and "Special
Area" as described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the applicant is required to remove or
relocate the existing structures located within the required setbacks on the site.
Therefore, no non -conforming uses are expected to be created with this rezone.
• Preliminary Plat/Final 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/final plat is in accordance with the City of
Eagle Code 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 Central
District Health Department and Ada County Highway District, 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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Staff has reviewed the particular facts and circumstances of this proposed combined preliminary
and final plat and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum criteria
to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development
in a floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an
acceptable form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any
provision of the Zoning Title of the City.
STAFF RECOMMENDATION PROVIDED VV i i and THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested Rezone upon
Annexation from RUT (Rural -Urban Transition — Ada County designation) to A -R -DA
(Agricultural -Residential- with a development agreement) and Combined Preliminary Plat/Final
Plat with conditions as provided within the staff report.
PUBLIC HEARING OF THE COMNIISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on August
5, 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 (not including the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by no one.
COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 5 to 0 to recommend approval of A-07-09 and RZ-08-09 for an annexation
and rezone from RUT (Rural -Urban Transition — Ada County desigantion to A -R -DA
(Agricultural -Residential with a development agreement) with conditions of development to be
placed in a development agreement as provided within their findings of fact and conclusions of
law document, dated September 14, 2009.
COMMISSIONS DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL
PLAT:
The Commission voted 5 to 0 to recommend approval of PP/FP-01-09 for a combined preliminary
plat/final plat for Sulik 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 September 14, 2009.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on October 13, 2009, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of this proposal was presented to the City Council from 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 3 to 0 (Semanko absent) to approve A-07-09 and RZ-08-09 for an annexation
and rezone from RUT (Rural -Urban Transition — Ada County designation) to A -R -DA
(Agricultural -Residential with a development agreement) for Paul and Susan Sulik with the
following Planning and Zoning Commission recommended conditions to be placed within a
development agreement:
3.1 The owner shall submit a Design Review application for the site (as required by the Eagle City
Code), and shall comply with all conditions required by Eagle as a part of the Design Review
prior to issuance of a certificate of occupancy.
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 or be required. If the City determines that any such changes require
additional public comment due to potential impacts on surrounding property or the
community, a public hearing shall be held on any proposed changes in the Concept Plan and
notice shall be provided as may be required by the City.
,0114. 3.3 The conditions, covenants, and restrictions for the Property shall contain at least the following:
(a) An operations and maintenance agreement requiring the association(s) shall have the
duty to maintain and operate the shared driveway and associated shared access
easement.
(b) An operations and maintenance manual for the irrigation system requiring the
association(s) shall have the duty to maintain and operate the irrigation system including
the funding mechanism for the repair and replacement of head gates, weirs, culverts,
pipe or ditches associated with the irrigation system.
3.4 The accessory structures adjacent to the western property line shall be allowed to remain at its
current location. The side yard setback for the accessory structure located adjacent to the
western boundary line at 6344 W. Beacon Light Road is twelve feet (12'). Should the
accessory structure be removed or replaced, a new accessory structure shall meet the setback
requirements for the A -R (Agricultural -Residential up to one (1) unit per five (5) acres) zone.
3.5 The existing dwellings may remain connected to the existing common well and septic systems,
however in the event City of Eagle Municipal water and/or central sewer service become
available the applicant shall be required to connect the existing dwellings to such services in
the event of failure of the respective systems.
3.6 The applicant shall dedicate to the Ada County Highway District a road right-of-way forty-
eight feet (48') in width from the centerline of W. Beacon Light Road at the time of platting a
two (2) lot residential subdivision. This applicant shall receive no compensation for the road
right-of-way dedication; however the dedication shall be in lieu of constructing a sidewalk
adjacent to W. Beacon Light Road.
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COUNCIL DECISION REGARDING THE COMBINED PRELIMINARY PLAT/FINAL PLAT:
The Council voted 3 to 0 (Semanko absent) to approve PP/FP-01-09 for a combined preliminary
plat/final plat for Sulik Subdivision for Paul and Susan Sulik, with the following Planning and
Zoning Commission recommended site specific conditions of approval and standard conditions of
approval with strike through text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-08-09.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this
project, prior to the City Clerk signing the final plat.
4. Provide documentation showing the existing water right for the entire property, how the water
right will be transferred and divided between the two lots, and an irrigation plan showing how
irrigation will be provided to each lot for review and approval by the City Engineer prior to the
City Clerk signing the final plat.
5. The applicant shall provide a revised final plat noting, "All lots are hereby designated as having a
permanent public utilities, drainage and irrigation easement twelve feet (12') in width parallel to
the road right-of-way and the subdivision boundary", prior to the City Clerk signing the final plat.
6. The applicant shall provide a revised final plat showing a twelve foot (12') wide public utilities,
drainage and irrigation easement adjacent to the road right-of-way and subdivision boundaries
prior to the City Clerk signing the final plat.
7. 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.
8. Provide a copy of the CDHD application and engineering report prior to the City Clerk signing a
final plat.
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10. The applicant shall construct each proposed fire department turn around as shown on the
preliminary plat and provide a letter of approval from the Eagle Fire Department prior to the City
Clerk signing the final plat.
11. The applicant shall submit a Design Review and Alternative Method of Compliance applications
for the required landscape/screening buffers adjacent to W. Beacon Light Road. The design
review application shall be reviewed and approved by the Design Review Board and City Council
prior to the City Clerk signing the final plat.
12. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signing the
final.
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ay. The street light shall
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14. The Sulik Subdivision shall remain under the control of one Homeowners Association.
15. The applicant shall place a note on the final plat that the irrigation system is to be owned and
maintained by the Homeowner's Association.
16. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the irrigation system in perpetuity.
17. The applicant shall delineate an irrigation easement on the final plat for the irrigation ditch
located on the western half of the property which provides irrigation to the adjacent properties to
the south.
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.
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.
AftiN 3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to famish 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.
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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
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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal
used for irrigation water or irrigation waste water without the express written approval of the
organized irrigation district, canal company, ditch association, or other irrigation entity associated
with such ditch, pipe or other structure, or canal. The applicant shall submit a copy of the written
approval from the irrigation entity prior to the City Clerk signing the final plat.
13. 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.
14 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.
15. 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.
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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.
16. 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.
15. 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.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. 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.
20. 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.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. 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.
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25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. 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.
36. 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 of 3 -feet
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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 at 6:00 PM, Wednesday, February 18, 2009, 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 June 18, 2009.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in the Idaho Statesman in accordance with the requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City Code on July 17, 2009. Notice of Public Hearing on the application for the
Eagle Planning and Zoning Commission was also published in the Valley Times on July 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 July 13, 2009. The site was posted in accordance with the Eagle City Code on July 20,
2009. Requests for agencies' reviews were transmitted on June 29, 2009, 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 September 28, 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 September 23, 2009. The site was posted in accordance with the Eagle City Code on
October 2, 2009.
3. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-08-09) 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 of A -R (Agricultural -Residential -up to one (1) unit per five
(5) 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 A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with a
development agreement) zone is compatible with the RUT (Rural -Urban Transitional — Ada
County designation) zone and land use to the north since that area may possibly be developed
with lots of similar size or with a higher density than the subject property, and;
d. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with a
development agreement) zone is compatible with the RUT (Rural -Urban Transitional — Ada
County designation) zone and land use to the south since that area may possibly be developed
with lots of similar size or with a higher density than the subject property; and
e. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with a
development agreement) zone is compatible with the RUT (Rural -Urban Transitional — Ada
County designation) zone and land use to the west since that area may possibly be developed
with lots of similar size or with a higher density than the subject property, and;
f. The proposed A -R (Agricultural -Residential -up to one (1) unit per five (5) acres with a
development agreement) zone is compatible with RUT (Rural -Urban Transitional — Ada
County designation) zone and land use to the east since that area may possibly be developed
with lots of similar size or with a higher density than the subject property; and
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g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan; and
h. As stated in the Development Agreement, the side setback for the accessory structure located
adjacent to the western property line are recognized where they are currently located and will
be permitted to remain until such time they are replaced. Therefore, no non -conforming uses
are expected to be created with this rezone.
4. The Council reviewed the particular facts and circumstances of this proposed combined preliminary and
final plat (PP/FP-01-09) and, in terms of Eagle City Code Section 9-2-3(B) "1 thru 5" (minimum
criteria to combine a preliminary and final plat), has made the following conclusions:
The proposed combined preliminary and final plat:
1. Does not exceed ten (10) lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such as development in a
floodplain, hillside development or the like.
4. All required information for both preliminary and final plat is complete and in an acceptable
form; and
5. The proposed subdivision is not in conflict with the Comprehensive Plan or any provision of
the Zoning Title of the City.
DATED this 27th day of October, 2009.
CITY COUNCIL
OF THE CITY OF EAGLE
Idaho
Phi Bandy, Mayor
ATTEST:
Karon . Bergmann, Eagle Ci lerk
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