Findings - CC - 2012 - RZ-09-08MOD2 - Mod To Da Inst#109109347/14.07 Acre/671 E Beacon Light Road BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A MODIFICATION TO THE )
DEVELOPMENT AGREEMENT )
ASSOCIATED WITH THE SPRINGHAVEN )
SUBDIVISION FOR MATTHEW SMITH )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-08 MOD 2
The above-entitled rezone with development agreement modification application came before the Eagle
City Council for their action on November 13, 2012. 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:
Matthew Smith is requesting modification to the development agreement (Instrument
#109109347) associated with the R-E-DA (Residential-Estates with a development agreement)
zoning classification for Springhaven Subdivision. The 14.07-acre site is generally located on the
south side of East Beacon Light Road approximately 1,984 feet east of the intersection of North
Eagle Road and East Beacon Light Road at 671 East Beacon Light Road.
B. APPLICATION SUBMITTAL:
The rezone modification request was received by the City of Eagle on October 22, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on October 29, 2012. Notice of this public hearing was mailed to property owners
within three hundred feet(300-feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on October 26, 2012. The site was posted
in accordance with the Eagle City Code on November 3, 2012.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 28, 2008, the City Council approved an annexation and rezone from RUT (Rural-
Urban Transition — Ada County designation) to R-E-DA (Residential-Estates with a development
agreement) and a preliminary plat for Springhaven Subdivision an 8-lot (6-buildable, 2-common)
residential subdivision for Beacon Light Homestead, LLC (A-04-08/RZ-09-08&PP-04-08).
On October 28, 2008,the Eagle City Council approved a design review application for the
common area landscaping within Springhaven Subdivision(DR-60-08).
On September 22, 2009, the City Council approved the final plat for Springhaven Subdivision, an
8-lot (6-buildable, 2-common) residential subdivision for Beacon Light Homestead, LLC (FP-06-
08).
On April 12, 2011, the City Council approved a modification to the Conditions of Development
and associated exhibit to the development agreement to provide an additional concept plan for a 2-
lot subdivision and address the timing of construction of the pressurized irrigation, landscape
buffer berm, and sidewalk located adjacent to East Beacon Light Road(RZ-09-08 MOD).
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On April 12, 2011, the City Council approved a combined preliminary/final plat for Springhaven
Subdivision, a 2-lot residential subdivision for Matthew Smith(PP/FP-01-11).
E. COMPANION APPLICATIONS:None
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential-Estates RUT(Rural-Urban One(1)single-family
(up to one dwelling Transition -Ada County dwelling and two(2)
unit per two acres) designation) accessory structures
Proposed No Change R-E-DA(Residential- Residential subdivision
Estates with a consisting of eight(8)lots(6
development agreement) buildable, 2 common)
North of site Rural Residential(up RUT(Rural-Urban Two(2)single-family
to one dwelling unit Transition -Ada County dwellings (one(1)unplatted
per five acres) designation) parcel and Lot 1, Block 1,
Sunnybrae Subdivision)
South of site Residential-Estates A-R(Agricultural- Three(3) single-family
(up to one dwelling Residential) dwellings(One(1)unplatted
unit per two acres) parcel and Lots 10 and 11,
Los Luceros Acres
Subdivision)
East of site Residential-Estates RUT(Rural-Urban Accessory structures and
(up to one dwelling Transition -Ada County agricultural
unit per two acres) designation)
West of site Residential-Estates R-E(Residential-Estates) Three(3) single-family
(up to one dwelling dwellings and accessory
unit per two acres) structures(one(1)unplatted
parcel and Lots 6 and 7,
Block 1, Bighorn
Subdivision No. 2)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA, or DSDA.
G. TOTAL ACREAGE OF SITE: +/- 14.07 acres
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.
I. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
J. AGENCY RESPONSES:
The following agencies have previously responded with the original application (A-04-08/RZ-09-
08 &PP-04-08)and their correspondence is attached to the staff report:
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City Engineer: All comments within the engineer's letter are of special concern (attached to the
staff report and included herein by reference).
Ada County Highway District— Will approve the application if all the Site Specific and Standard
Conditions of Approval as outlined in the ACHD report are satisfied.
Central District Health District — Will require additional information prior to approval of
individual sewage disposal
Chevron Pipeline Company—Indicate there is no conflict with the pipeline
Department of Environmental Quality—Need to address air quality, wastewater, drinking water,
surface water, and hazardous waste and ground water contamination requirements.
Eagle Fire Department—Need to address street signs,fire hydrants, access roads, and minimum
fire flows
Idaho Department of Lands — No significant impact to the Endowment Lands in the general
vicinity
Idaho Transportation Department—No comment
K. LETTERS FROM THE PUBLIC:None received to date.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
The Comprehensive Plan Land Use Map, adopted August 25, 2009, designates this site as
Residential Estates:
Suitable primarily for single family residential development within areas on acreages that may
be in transition from agricultural to residential use or may combine small scale agricultural
uses with residential uses. Maximum density of up to one(1)unit per two(2)acres.
B. WATER SERVICE ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL
CONCERN REGARDING THIS PROPOSAL:
• Eagle City Code Section 6-5-3: Service Area and Connection Requirement
A. Service Area: The area serviced by the city shall be only that area within the
corporate limits of the city,which is so designated by the city council,and such
other contiguous and neighboring territory as the city council shall, from time to
time, deem necessary to serve and identified on the water service development
plan map contained in the city of Eagle water service master plan.
B. Connection To Water System Required: Every parcel of land or premises within
the boundaries of the city, improved by new construction for occupancy and
occupied or used by any person or persons, or as a commercial business, shall be
connected to the city water department public water system so long as the area is
within the service area of the city water system. The owner or person in charge of
such land shall make or cause to be made, such connection within sixty(60)days
after receiving official notice from the city to so connect. All charges associated
with the laying of pipe from the home or facilities to be served by the city's mains
shall be the responsibility of the user and shall be properly designed and
constructed in conformity with requirements specified by the city. If a parcel of
land is not within three hundred feet(300')of a water main, connection may not
be required unless the city elects to extend the water main to within three hundred
feet(300')of the applicant's property.
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• Eagle City Code Section 6-5-4: Description of Service
E. Special Contracts: When the applicant's requirements for water are unusual or
large, such as an independent water district, or necessitate considerable special or
reserve equipment or capacity,the city,by authorization of the city council,
reserves the right to make special contracts,the provisions of which are different
from and have exceptions to the regularly published water rates, rules and
regulations. The special contracts shall be in writing, signed by the applicant and
approved by the city council.
C. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:None
D. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 9-3-9: Water System
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with Title 6,
Chapter 5 of this code.
E. DISCUSSION:
• As noted in the provided narrative date stamped by the City on October 22, 2012, the applicant is
requesting a modification to the development agreement (Executed on September 23, 2009 —
Instrument#109109347) associated with RZ-09-08 for Springhaven Subdivision. The applicant is
requesting a modification to Condition of Development 3.4 of the executed development
agreement to allow a temporary water service connection to provide both potable and fire
suppression water for the proposed subdivision. The applicant's requested modification to
Condition of Development 3.4 is shown as follows with strike through text to be deleted and
underline text to be added:
o Condition 3.4
As required by Title 6, Chapter 5, Eagle City Code,the Property shall become part of the City
of Eagle's municipal water system. All water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights
and title to the main at the time of service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant as designated by the City Engineer where
future water system extensions are expected to occur. The developer shall enter into a
"Memorandum of Agreement" to provide potable water for—fire suppression to Springhaven
Subdivision in compliance with and consistent with the intent of Title 6, Chapter 5 of Eagle
City Code prior to adoption of an ordinance of annexation.
The applicant is prepared to start construction of the 8-lot (6-buildable, 2-common) residential
subdivision that was originally approved for the site. The applicant contacted Eagle Water
Company regarding the water service line for fire suppression at which time Eagle Water
Company indicated that they would also require water service for potable water. The applicant is
requesting the development agreement modification to allow for the connection of temporary water
service line for both potable water and fire suppression.
• The proposed development is located within the City of Eagle Municipally Owned Water System
service area as identified in the Comprehensive Plan on the City of Eagle System Development
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Plan Map. The closest available City of Eagle municipal water service line is located more that
2,400-feet east of the proposed street for Springhaven Subdivision. Eagle Water Company has a
water service line located within the adjacent subdivision (Bighorn Subdivision). The applicant is
proposing to construct a water line for temporary water service for both potable water and fire
suppression utilizing water from a nearby existing Eagle Water Company water main. As
proposed, the Eagle Water Company's water line will be extended outside of their certificated
water service area. The applicant is proposing to stub the aforementioned water line at E. Beacon
Light Road so that when a City of Eagle Municipal Water System water line becomes available a
connection may be made to the city's system and eliminate the Eagle Water Company connection.
The applicant should enter into a "Memorandum of Agreement" (MOA) with Eagle Water
Company and the City of Eagle in regard to providing temporary water service from an Eagle
Water Company water line to the site for both potable and fire suppression water prior to the City
Clerk signing the final plat. It should be noted that the proposed Eagle Water Company water line
is for temporary use only until such time a City of Eagle Municipal Water Service Line becomes
available or 10-years from the time that the MOA is executed, whichever is less.
• City staff met with the applicant and a representative of Eagle Water Company and determined
that due to the location of the closest available City of Eagle municipal water service line the
request is the most cost effective and best viable option for water service at this time.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT MEMORANDUM:
If City Council determines that the request described herein is in the public interest then staff recommends
approval of the following applicant modifications to the development agreement with strike through text to
be deleted by staff and underline text to be added by staff:
o Condition 3.4
As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the City
of Eagle's municipal water system. All water mains to be dedicated to the public shall only be
constructed on rights of way, easements, or publicly owned property. Easements or permits
secured for the main extension shall be obtained in the name of the City, along with all rights
and title to the main at the time of service is provided to the customer paying for the extension.
Water mains shall be extended by the applicant as designated by the City Engineer where
future water system extensions are expected to occur. The developer shall enter into a
"Memorandum of Agreement" (Exhibit "A") to provide temporary water service for potable
use and fire suppression to Springhaven Subdivision in compliance with and consistent with
the intent of Title 6, Chapter 5 of Eagle City Code prior to
affne*atien the City Clerk signing the final plat.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on November 13, 2012, 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 the application was presented to the City Council by no one (not including
the applicant/representative).
C. Oral testimony in opposition to the application was presented to the City Council by no one.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-09-08 MOD 2 for a modification to the Conditions of
Development and associated exhibits for Stillwater Subdivision, with the following staff
recommended modified Condition of Development
3.4 As required by Title 6, Chapter 5, Eagle City Code, the Property shall become part of the
City of Eagle's municipal water system. All water mains to be dedicated to the public shall
only be constructed on rights of way, easements, or publicly owned property. Easements or
permits secured for the main extension shall be obtained in the name of the City, along with
all rights and title to the main at the time of service is provided to the customer paying for
the extension. Water mains shall be extended by the applicant as designated by the City
Engineer where future water system extensions are expected to occur. The developer shall
enter into a"Memorandum of Agreement"(Exhibit"A")to provide temporary water service
for potable use and fire suppression to Springhaven Subdivision in compliance with and
consistent with the intent of Title 6, Chapter 5 of Eagle City Code prior to the City Clerk
signing the final plat.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on October 22, 2012.
2. Notice of Public Hearing on this application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 29, 2012. Notice of this public hearing was mailed to property owners within three
hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on October 26, 2012. The site was posted in accordance
with the Eagle City Code on November 3, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
09-08 MOD 2) 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 R-E-DA (Residential-Estates with a development agreement)
is consistent with the Residential-Estates land use designation as shown on the Comprehensive
Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities are not in proximity to this location, nor
expected to be provided, to serve single-family dwelling units on this property under the proposed
zone therefore the site will be served by individual wells and septic systems;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Residential-Ada County designation) zone and land use to the north since Beacon
Light Road is a minor arterial and the adjacent properties to the north are similar in size, and;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the A-R(Agricultural-Residential) zone and land use to the south since that area has a similar
Comprehensive Plan land use designation and is developed in a similar manner as proposed for
this development, and;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the R-E (Residential-Estates up to one unit per two acres) zone and land use to the west since
that site has the same Comprehensive Plan land use designation as proposed for this site, and could
be developed in a similar manner; and
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f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Residential-Ada County designation) zone and land use to the east since that site
has a similar Comprehensive Plan land use designation and could be developed in a similar
manner as this development, and;
g. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan.
DATED this 11th day of December, 2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Regulatory Taking Notice: Applicant hastiweiialoptirsuant to section 67-8003, Idaho Code, to request a
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