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Findings - CC - 2011 - RZ-17-04-MOD2 - Mod To Rezone With Da Inst#106057136/Inst#109031309 BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A MODIFICATION TO THE REZONE ) WITH DEVELOPMENT AGREEMENT ) ASSOCIATED WITH EAGLEFIELD ESTATES ) SUBDIVISION FOR COLEMAN HOMES,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-17-04 MOD2 The above-entitled rezone with development agreement modification application came before the Eagle City Council for their decision on March 22, 2011. The 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: Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions LLP, is requesting modifications to the development agreement (Instrument#106057136) and the modified development agreement(Instrument#109031309) associated with the R-2-DA-P (Residential-two units per acre with a development agreement - Planned Unit Development), R-4-DA-P (Residential-four units per acre with a development agreement- Planned Unit Development), and MU-DA-P (Mixed Use with a development agreement— Planned Unit Development) zoning classifications for the Eaglefield Estates Planned Unit Development. The 142.4-acre site is generally located 650-feet west of Linder Road and north of State Highway 44. B. APPLICATION SUBMITTAL: The rezone with development agreement modification request was received by the City of Eagle on December 10, 2010. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 21, 2011. 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 February 18, 2011. The site was posted in accordance with the Eagle City Code on March 12, 2011. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On January 24, 2006, the City Council approved an annexation and rezone from RR (Rural Residential-Ada County Designation)to R-2-DA-P(Residential-two units per acre with a development agreement—planned unit development), R-4-DA-P (Residential-four units per acre with a development agreement—Planned Unit Development) and MU-DA- P (Mixed Use—with a development agreement—Planned Unit Development), conditional use, preliminary development plan, preliminary plat, and vacation of right-of-way approvals for Eaglefield Estates Planned Unit Development (A-11-04/RZ-17-04/CU-10- 04/PPUD-3-04/PP-9-04NAC-2-04)for this site. Page 1 of 12 K\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf doc On February 13, 2007, the City Council approved the final development plan and final plats for Eaglefield Estates Subdivision Phases No. 1 & No. 2, for Eaglefield, LLC (FPUD-03-06 &FP-10-06 [No. 1] &FPUD-4-06 &FP-11-06 [No. 2]). On March 25, 2008, the City Council approved a modification to the development agreement(Instrument#109031309) to modify the approved setbacks for the development and modify the municipal water Memorandum of Agreement (MOA) to allow for the amendments to be made to the MOA with out a modification to the development agreement(RZ-17-04 MOD). On May 16,2008,the final plat for Eaglefield Estates Subdivision No. 1 was recorded at the Ada County Recorder's Office. On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and Planning, submitted an extension of time application for the preliminary plats for Eaglefield Estates Subdivision and Eaglefield Estates II Subdivision(EXT-13- 09). On October 27, 2009, the City Council remanded the Extension of Time application for the preliminary plat for Eaglefield Estates Subdivision and Eaglefield Estates II Subdivision (EXT-13-09)to staff. On August 10, 2010,the City Council approved a preliminary plat extension of time application for Eaglefield Estates Subdivision to be valid until February 12, 2012 (EXT- 06-10). The preliminary plat for Eaglefield Estates II Subdivision has expired. Page 2 of 12 K;\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccfdoc E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing High Density Residential/ MU-DA-P (mixed use with a Eaglefield Estates Planned Transitional Residential/ development agreement- Unit Development Residential Two(up to 2 PUD),R-4-DA-P (residential units/acre) with a development agreement-PUD), R-3-DA-P (residential with a development agreement- PUD)R-2-DA-P(residential with a development agreement-PUD) Overall density of 2.61 units per acre Proposed No Change No Change No change North of site Residential Two(up to 2 A-R(Agricultural Legacy Development units/acre) Residential) South of site High Density Residential RUT(Ada County State Street and vacant Transitional Residential designation) parcel East of site High Density Residential RUT(Ada County Cabra Creek Subdivision Transitional Residential designation), MU-DA-P and vacant parcel (mixed use with a development agreement- PUD),R-4-DA-P (residential with a development agreement-PUD), R-2-DA (residential up to two units per acre with development agreement) West of site High Density Residential/ RUT(Ada County Legacy Planned Unit Transitional Residential/ designation),R-2-DA-P Development and single- Residential Two(up to 2 (residential with a family dwelling& units/acre) development agreement- agriculture PUD) F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA. G. TOTAL ACREAGE OF SITE: 142.4-acres Page 3of12 K:\Planning Depl\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf doc H. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE MODIFICATION: See applicant's justification letter attached to the staff report and incorporated herein by reference. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. J. NON-CONFORMING USES:None are apparent on the site. K. AGENCY RESPONSES: The following agencies have previously responded with the original application (A-11-04/ RZ-17-04/CU-10-04/PPUD-3-04/PP-9-04NAC-2-04)and their correspondence is attached to the staff report: Ada County Highway District Ada County Street Name Committee Boise River Flood Control District Central District Health Division of Environmental Quality Drainage District#2 Eagle Fire District Eagle Sewer District Idaho Department of Transportation Meridian School District: Letter includes a warning that all schools are over capacity Middleton Mill Ditch Company L. LETTERS FROM THE PUBLIC:None received to date STAFF ANALYSIS PROVIDED IN THE STAFF REPORT: DISCUSSION: • The applicant is requesting modifications to the original development agreement (Executed on March 27, 2006 — Instrument #106057136) and the modified development agreement (Executed on March 18, 2009—Instrument#109031309) associated with RZ-17-04 for the Eaglefield Estates Planned Unit Development. The request for the modification of the development agreement is to amend a "Whereas" contained on page 2 of the original development agreement and modify "Conditions on Development"No. 2.1 and No. 2.2 as noted within their narrative date stamped by the City on December 10, 2011. o "WHEREAS" The sixth "Whereas" of the original development agreement (Instrument #106057136) contained on page 2 states the following: WHEREAS, the Property Owner has agreed to the use restrictions of a 369-lot(312 single- family lots, 15-four-plex lots, 41-common lots, and 1-well lot) and the and other limitations set forth herein upon the use and development of the Property and has consented to a MU- DA-P (Mixed Use with a development agreement PUD), R-4-DA-P (Residential four units per acre maximum with a development agreement PUD), R-3-DA-P (Residential three units per acre maximum with a development agreement PUD), and R-2-DA-P(Residential two per acre maximum with a development agreement PUD) zoning designation for the Property with the requirements set forth in this Development Agreement;and The applicant is requesting the language in the "Whereas" be amended as follows with strikethrough text to be deleted and underline text to be added: Page 4 of 12 K,\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf.doc WHEREAS,the Property Owner has agreed to the use restrictions of a 3-69 371-lot(312 329 single-family lots, 15 four plex lots, 41-common lots, and 1-well lot) and the and other limitations set forth herein upon the use and development of the Property and has consented to a MU-DA-P (Mixed Use with a development agreement PUD), R-4-DA-P (Residential four units per acre maximum with a development agreement PUD), R-3-DA-P (Residential three units per acre maximum with a development agreement PUD), and R-2- DA-P (Residential two per acre maximum with a development agreement PUD) zoning designation for the Property with the requirements set forth in this Development Agreement; and o Condition 2.1 The maximum density for the Property shall be 2.61-dwelling units per acre (312 single family lots and 15 four-plex lots). The applicant is requesting the reference to the 15 four-plex lots be removed and seventeen additional single family lots are added to the lot count. The applicant is requesting the condition to be amended as follows with strikethrough text to be deleted and underline text to be added: The maximum density for the Property shall be 2.61-dwelling units per acre(312 329 single-family lots and 15 four plex lots). o Condition 2.2 The Gables-MU Zone (four-plex lots)Prefer to use a building envelope front rear side Coverage Size frontage setback setback side in out width 35% 10,000 35 20 20 5 20 50 The Cedars-R4 Zone (single family detached) front rear side Coverage Size* frontage setback setback side in out Width 6,000, 6,500 & 5 ft 1st+ 40% 7,000 35 20** 20 2.5 ft 2nd 20** 50 *All lots between 6, 000 and 6,999 sq ft shall have shared/common drives. All lots less than 6,000 sq ft shall be alley loaded. See Exhibit"Dl"for lot access requirements. **15-foot front yard setback: Lots 4,6,8, and 10, Block 3 Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4 Lots 1, 3, 5, 7, 9, and 11, Block 5 (Exhibit"Dl") Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11, Block 5, shall have street side yard setback of 10 ft. All lots within the "Cedars" requiring shared driveways shall be allowed front yard setbacks of 15' to side loaded garages. Front loaded garages shall have a 20' setback. The Meadows-R4 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5ft 1st 40% 8,000 35 20 20 + 5 ft 2nd 20 70 Page 5 of 12 K-\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf doc Sideyard setback of 5' Lots 4,5,7,8,9,10,11,12,16,17,22,23, and 24, Block 12 (Exhibit"D2") The Vintage-R4 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 1st 35% 10,000 35 30 20 + 5 ft 2nd 20 70 The Fairway-R2 Zone (single family detached) front rear side ' Coverage Size frontage setback setback side in out Width 10ft1s` 35% per plan+11,000 35 30 30 +5 ft 2nd 20 75 7.5ft1st 35% per plan-10,999 35 30 25 + 5ft 2nd 20 75 The applicant is also requesting that Condition of Development #2.2, Dimensional Standards by Product Type, "Gables-MU Zone" be modified to reflect "single-family lots" and the "Size" (lots) be changed from "10,000"to "6,996". Since the applicant is proposing single-family dwellings in the "Gables" area the side setback should be changed to five feet (5') in width for a single story and additional 2.5-feet(2.5')for a total of 7.5-feet(7.5') in width for a two (2) story structure. The remaining setbacks and maximum lot coverage should remain as approved within the modified development agreement(Instrument#109031309). The applicant is requesting the condition to be amended as follows with strikethrough text to be deleted and underline text to be added. Text shown in bold is recommended to be added by staff: Dimensional standards within the development shall be as follows: (product type location is attached as Exhibit C) The Gables-MU Zone (four plex lots single-family detached)Prefer to front rear side Coverage Size frontage setback setback side in out width 5ftlst+ 2.5 ft 2"d 35% 10,000 6,996 35 20 20 story 20 50 The Cedars-R4 Zone(single family detached) front rear side Coverage Size* frontage setback setback side in out Width 5ftlst+ 6,000, 6,500 & 2.5 ft 2nd 40% 7,000 35 20** 20 story 20** 50 *All lots between 6, 000 and 6,999 sq ft shall have shared/common drives. All lots less than 6,000 sq ft shall be alley loaded. See Exhibit"Dl"for lot access requirements. **1 5-foot front yard setback: Lots 4,6,8, and 10, Block 3 Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4 Lots 1, 3, 5, 7, 9, and 11, Block 5 (Exhibit"Dl") Page 6 of 12 K_\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf doc Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11, Block 5, shall have street side yard setback of 10 ft. All lots within the"Cedars" -. .• • _ . . • . shall be allowed front yard setbacks of 15' to side loaded garages. Front loaded garages shall have a 20' setback. The Meadows-R4 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 1st + 5 ft 2nd 40% 8,000 35 20 20 story 20 70 Sideyard setback of 5' Lots 4,5,7,8,9,10,11,12,16,17,22,23, and 24, Block 12(Exhibit"D2") The Vintage-R4 Zone (single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft lsl + 5ft2nd 35% 10,000 35 30 20 story 20 70 The Fairway-R2 Zone (single family detached) front rear side Coverage Size frontage setback setback side in out Width 10 ft lst +5 ft 2nd 35% per plan+11,000 35 30 30 story 20 75 7.5ftlst + 5ft 2nd 35% per plan-10,999 35 30 25 story 20 75 o The applicant is also requesting the elimination of the shared access/common driveway easements associated with Lots 3-13, Block 1, Lots 2-5,Block 2, and Lots 1-4, 6-9, 18-21, and 23-26, Block 6. The shared driveways are shown on Exhibit"D"contained within the original development agreement (Executed on March 18, 2009 —Instrument# 106057136) and shown on Exhibit "Dl" contained within the modified development agreement(Executed Instrument — Instrument # 109031309). The area containing the shared access/common driveway easements is located in an area of the Eaglefield Estates Planned Unit Development known as "The Cedars". "The Cedars" area contains the smallest lots within the Eaglefield Estates Planned Unit Development. The original developer of the property was required to provide the shared access/common driveways located within "The Cedars" area to eliminate the appearance of a garage dominated streetscape due to the narrowness of the lots and the associated number of individual driveways. The frontage widths of the lots containing the shared driveways vary from approximately fifty feet (50') to sixty feet (60'). This request is also addressed in the companion vacation application (VAC-02-10) in which the Planning and Zoning Commission recommended approval of the requested vacation of the shared access/common driveway easements referenced above. If the City Council approves the requested vacation as proposed the applicant should provide a revised exhibit (showing the Page 7 of 12 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccfdoc lots which take access from a shared driveway) for incorporation into the modified development agreement. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM: Staff recommends approval of the following modifications to the development agreement Whereas and amended conditions to read as follows: WHEREAS, the Property Owner has agreed to the use restrictions of a 371-lot (329 single- family lots, 41-common lots, and 1-well lot) and the and other limitations set forth herein upon the use and development of the Property and has consented to a MU-DA-P (Mixed Use with a development agreement PUD), R-4-DA-P (Residential four units per acre maximum with a development agreement PUD), R-3-DA-P (Residential three units per acre maximum with a development agreement PUD), and R-2-DA-P (Residential two per acre maximum with a development agreement PUD) zoning designation for the Property with the requirements set forth in this Development Agreement; and 2.1 The maximum density for the Property shall be 2.61-dwelling units per acre(329 single-family lots). 2.2 Dimensional standards within the development shall be as follows: (product type location is attached as Exhibit C) The Gables-MU Zone(single-family detached) front rear side Coverage Size frontage setback setback side in out width 5ftlst+ 2.5 ft 2"d 35% 6,996 35 20 20 story 20 50 The Cedars-R4 Zone(single family detached) front rear side Coverage Size* frontage setback setback side in out Width 5ft 1st+ 6,000, 6,500 & 2.5 ft 2" 40% 7,000 35 20** 20 story 20** 50 * All lots less than 6,000 sq ft shall be alley loaded. See Exhibit"Dl"for lot access requirements. **15-foot front yard setback: Lots 4,6,8, and 10, Block 3 Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4 Lots 1, 3, 5, 7, 9, and 11, Block 5 (Exhibit"Dl") Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11,Block 5, shall have street side yard setback of 10 ft. All lots within the"Cedars" shall be allowed front yard setbacks of 15' to side loaded garages. Front loaded garages shall have a 20' setback. The Meadows-R4 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 1St + 5 ft 2nd 40% 8,000 35 20 20 story 20 70 Sideyard setback of 5' Page 8 of 12 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccfdoc Lots 4,5,7,8,9,10,11,12,16,17,22,23, and 24, Block 12(Exhibit"D2") The Vintage-R4 Zone (single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 1St + 5 ft 2nd 35% 10,000 35 30 20 story 20 70 The Fairway-R2 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 10 ft 1st + 5 ft 2nd 35% per plan +11,000 35 30 30 story 20 75 7.5 ft lst + 5ft2nd 35% per plan-10,999 35 30 25 story 20 75 PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the Council on March 22, 2011, 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 one (1) individual (other than the applicant/representative) who supported converting the four-plex residential lots into single-family residential lots. C. Oral testimony in opposition to this proposal was presented to the City Council by no one. COUNCIL DECISION: The Council voted 4 to 0 to approve RZ-17-04 MOD2 for a modification to the Whereas and a modification to the Conditions of Development within the development agreement(Instrument #106057136)and the modified development agreement(Instrument#109031309)for Coleman Homes, LLC,to read as follows: WHEREAS, the Property Owner has agreed to the use restrictions of a 371-lot (329 single- family lots, 41-common lots, and 1-well lot) and the and other limitations set forth herein upon the use and development of the Property and has consented to a MU-DA-P (Mixed Use with a development agreement PUD), R-4-DA-P (Residential four units per acre maximum with a development agreement PUD), R-3-DA-P (Residential three units per acre maximum with a development agreement PUD), and R-2-DA-P (Residential two per acre maximum with a development agreement PUD) zoning designation for the Property with the requirements set forth in this Development Agreement;and 2.3 The maximum density for the Property shall be 2.61-dwelling units per acre(329 single-family lots). Page 9 of 12 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates daMOD2 ccfdoc 2.4 Dimensional standards within the development shall be as follows: (product type location is attached as Exhibit C) The Gables-MU Zone(single-family detached) front rear side Coverage Size frontage setback setback side in out width 5 ft 1st+ 2.5 ft 2nd 35% 6,996 35 20 20 story 20 50 The Cedars-R4 Zone(single family detached) front rear side Coverage Size* frontage setback setback side in out Width 5 ft 1st+ 6,000, 6,500 & 2.5 ft 2nd 40% 7,000 35 20** 20 story 20** 50 * All lots less than 6,000 sq ft shall be alley loaded. See Exhibit"Dl"for lot access requirements. **15-foot front yard setback: Lots 4,6,8, and 10, Block 3 Lots 4,6,8,10,11,13,14,15,16, and 18, Block 4 Lots 1, 3, 5, 7, 9, and 11, Block 5 (Exhibit"Dl") Lot 10, Block 3, Lots 11-12, Block 4, Lots 1 and 11, Block 5, shall have street side yard setback of 10 ft. All lots within the "Cedars" shall be allowed front yard setbacks of 15' to side loaded garages. Front loaded garages shall have a 20' setback. The Meadows-R4 Zone (single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 15` + 5 ft 2nd 40% 8,000 35 20 20 story 20 70 Sideyard setback of 5' Lots 4,5,7,8,9,10,11,12,16,17,22,23, and 24, Block 12 (Exhibit"D2") The Vintage-R4 Zone(single family detached) front rear side Coverage Size frontage setback setback side in out Width 7.5 ft 1st + 5 ft 2nd 35% 10,000 35 30 20 story 20 70 The Fairway-R2 Zone (single family detached) front rear side Coverage Size frontage setback setback side in out Width 10 ft 1s1 +5 ft 2nd 35% per plan+11,000 35 30 30 story 20 75 7.5 ft 1st 35% per plan-10,999 35 30 25 + 5ft 2nd 20 75 Page 10 of 12 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccf doc story CONCLUSIONS OF LAW: 1. The rezone modification request was received by the City of Eagle on December 10, 2010. 2. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on February 21, 2011.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 February 18, 2011. The site was posted in accordance with the Eagle City Code on March 12, 2011. 3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ- 17-04 MOD2) 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 zoning designation of MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-3- DA-P (Residential up to 3 units per acre with a development agreement and PUD), R-2-DA-P (Residential up to 2 units per acre with a development agreement and PUD) is in accordance with the High Density Residential, Transitional Residential and Residential Two classification as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicated that adequate public facilities exist, or are required to be provided, to serve a single-family and multi-family dwelling residential subdivision on this property under the proposed zones; c. The MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-3-DA-P (Residential up to 3 units per acre with a development agreement and PUD), R-2-DA-P (Residential up to Two units per acre with a development agreement and PUD) zoning districts are compatible with the RUT (Ada County designation), MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD) and R-2-DA (Residential up to 2 units per acre with a development agreement) zones to the east since that area is expected to be developed or is being developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; d. The MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-3-DA-P (Residential up to 3 units per acre with a development agreement and PUD), R-2-DA-P (Residential up to 2 units per acre with a development agreement and PUD) zoning districts are compatible with the R- 2-DA-P (Residential up to 2 units per acre with a development agreement and PUD) to the north since that area is being developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; e. The MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential up to 4 units per acre with a development agreement and PUD), R-3-DA-P (Residential up to 3 units per acre with a development agreement and PUD), R-2-DA-P (Residential up to 2 units per acre with a development agreement and PUD) zoning districts are compatible with the RUT(Rural-Urban Transitional - Ada County designation) and R-2-DA-P (Residential up to 2 units per acre with a development agreement and PUD) zones to the west since that area is expected to be developed or is being developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; f. The MU-DA-P (Mixed Use with a development agreement and PUD), R-4-DA-P (Residential Page 11 of 12 K:\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 cc£doc up to 4 units per acre with a development agreement and PUD), R-3-DA-P (Residential up to 3 units per acre with a development agreement and PUD),R-2-DA-P(Residential up to 2 units per acre with a development agreement and PUD) zoning districts are compatible with the RUT zone (Rural-Urban Transitional - Ada County designation) to the south since that area is expected to be developed with the same density and types of uses as shown on the Comprehensive Plan Land Use Map; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone. DATED this 12th day of April 2011. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho J m s D. Reynolds, Mayor 1.72--€46V—/ ,',,„I I7„,,,,, ATTEST: ♦ ♦`� CIT Y o '•., Sharon Bergmann,Eagle City Clem �� off,•.r 1 S tr• , ° -9/ . II)A1-10 I'•i,II„9„I,Ifa• Page 12 of 12 K\Planning Dept\Eagle Applications\SUBS\2004\Eaglefield Estates da MOD2 ccfdoc