Findings - CC - 2012 - RZ-16-06 MOD/PP-02-12 - Da Mod And Pp/Lion;S Gate Subd/32 Lot/27.38 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION AND PRELIMINARY )
PLAT FOR LION'S GATE SUBDIVISION )
FOR LAZURAS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-16-06 MOD AND PP-02-12
The above-entitled development agreement modification and preliminary plat applications came before the
Eagle City Council for their action on December 11, 2012. 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:
Lazarus, LLC, represented by Lance Warnick with Aspen Engineers, is requesting a
development agreement modification and preliminary plat approval for Lion's Gate
Subdivision a 32-lot (25-buildable, 7-common) residential subdivision. The 27.38-acre
site is generally located on the southwest corner of Ballantyne Lane and West Floating
Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held from 10:00 AM to 11:00 AM, Saturday, September 8,
2012, on site in compliance with the application submittal requirement of Eagle City
Code. The applications for these items were received by the City of Eagle on September
20, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on October 15, 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 11, 2012. Requests for agencies' reviews were transmitted on
September 25, 2012 in accordance with the requirements of the Eagle City Code. The site
was posted in accordance with the Eagle City Code on October 24, 2012.
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 November 26, 2012 and December 3, 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 November 21, 2012. The site was posted in accordance with the Eagle City
Code December 1, 2012.
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D. HISTORY OF PREVIOUS ACTIONS:
On September 26, 2006,the Eagle City Council approved an annexation,rezone, and
preliminary plat for Sylvan Wood Estates Subdivision (A-13-06/RZ-16-06/PP-14-06).
On January 9, 2007,the Eagle City Council approved a design review application for the
common area landscaping within Sylvan Wood Estates Subdivision(DR-106-06).
On July 24, 2007,the Eagle City Council approved a final plat for Sylvan Wood Estates
Subdivision(FP-03-07).
On July 8, 2008,the Eagle City Council approved a final plat extension of time for Sylvan
Wood Estates Subdivision to be valid until July 24, 2009 (EXT-11-08).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to R-1-DA(Residential-1 unit Vacant land with
one unit per acre per acre with a development agricultural use
maximum) agreement)
Proposed No change No change Single-Family,Residential
Subdivision
North of site Residential Estates(one R-E(1 unit per 2 acres Single-Family Residential
unit per two acres) maximum) Subdivision—Scotch
Subdivision
South of site Residential One(up to RUT(Ada County Single-Family Residence
one unit per acre) Designation) and Agricultural
East of site Residential One(up to R-1 (Residential-1 unit per Single-Family Residential
one unit per acre) acre) Subdivision—Lockwood
Subdivision
West of site Residential One(up to 1 A-R(Agricultural Residential Single-Family Residential
unit per acre) one unit per five acres) Subdivision— Wehern
Subdivision
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA or CEDA.
H. SITE DATA:
Total Acreage of Site—27.38
Total Number of Lots—32
Residential—25
Commercial—0
Industrial—0
Common—7
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Total Number of Units-
Single-family—25
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre .91-dwelling units per acre Up to one unit per acre
maximum
Minimum Lot Size 37,005-square feet 37,000-square feet
Minimum Lot Width 100-feet 100-feet
Minimum Street Frontage 46.45-feet 35-feet
Total Acreage of Common Area 2.39-acres 0-acres No open space
required within the R-1
(Residential up to one unit per
acre)zoning designation
Percent of Site as Common Area 8.7% 0%
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
As required by Eagle City Code Section 8-2A-7(J)(4) (a) &(b), the applicant proposes to
construct a fifty-foot (50') wide buffer along Floating Feather Road and a thirty-five foot
(35') wide buffer along Ballantyne Road. All berming, fencing and landscaping details,
including any proposed pump houses for pressurized irrigation, are required for Design
Review Board review and approval prior to submittal of a final plat.
Open Space:
The proposed development includes 2.39 acres(8.7%)of common area. The common area
consists of the required buffer area along Floating Feather and Ballantyne Roads,
proposed cul-de-sac and entrance way islands.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, 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.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide.
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Fire Hydrants and Water Mains:
The preliminary plat shows four (4) fire hydrants located within the subdivision. The
hydrants should be installed and approved as required by the Eagle Fire District.
On-site Septic System(yes or no)-No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to
be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
J. STREET DESIGN:
Public Streets:
The typical interior street section shown on the preliminary plat, date stamped by the City
on September 20, 2012, shows a 40-foot wide right-of-way street section with a 36-foot
wide travel way including rolled curbing throughout the subdivision. The street section
also shows a 15-foot wide ACRD sidewalk easement (eight-foot (8') wide planter strip,
five-foot (5') wide sidewalk, and two-feet (2') located at the backside of the sidewalk)
located on one side of the street.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None
Cul-de-sac Design:
Two(2) cul-de-sacs are proposed for this site:
The eastern cul-de-sac is approximately 460-feet in length.
The western cul-de-sac is approximately 540-feet in length.
Sidewalks:
The preliminary plat date stamped by the City on September 20, 2012, shows a detached
five-foot (5') wide concrete sidewalk abutting the planter strips located on both sides of
the interior roadways, including the main entrance from North Ballantyne Lane. The
applicant is also proposing a detached five-foot (5') wide concrete sidewalk to be located
adjacent to North Ballantyne Lane and located on the south side of the New Dry Creek
Canal which is located adjacent to West Floating Feather Road.
Curbs and Gutters:
Curbs and gutters, which meet Ada County Highway District standards, are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning
Administrator prior to the submittal of the final plat. Any modifications made to the lights
shall be completed before the final plat approval.
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Street Names:
Street name approval from the Ada County Street Name Committee has been received by
the city.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
L. PUBLIC USES PROPOSED:None proposed
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—none
Evidence of Erosion —yes — the applicant indicated there are a few washouts from an irrigation
ditch located on the northern portion of the property
Fish Habitat—no
Floodplain—no
Mature Trees — yes — located adjacent to North Ballantyne Lane at the northeastern area of the
site and at the southeastern corner of the site
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Preliminary approval letters (with conditions)from the Eagle Fire Department and Eagle
Sewer District have been received. The development will be provided water service by
United Water.
P. 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 letter dated October 18, 2012 are of special
concern(attached to the staff report).
Ada County Highway District—Provided a draft staff report requiring the widening of Floating
Feather Road, additional dedication of right-of-way located adjacent to Ballantyne Lane,
widening and the construction of vertical curb, gutter, and a five-foot (5) wide sidewalk to be
located adjacent to Ballantyne Lane. The draft staff report also addressed the design of the
entrance island and the landscape islands located within the cul-de-sacs. The draft staff report
also indicated that direct lot access to Floating Feather Road and Ballantyne Lane is prohibited.
Central District Health — Indicated that central water and central sewer will be required. The
correspondence also indicated that infiltration beds for storm water disposal are considered
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shallow injection wells and that an application and fee will need to be submitted to the
department for review and approval of the shallow injection wells.
Chevron Pipe Line—Indicated no conflict with the pipe line
Eagle Fire Department—Indicated they have no opposition to the application provided the access
roads,fire flows, spacing of fire hydrants are approved by the department. The street signs will
need to be installed and fire mitigation fees will need to be paid prior to the issuance of building
permits.
Eagle Sewer District—Indicated the property has been annexed into the District and that a line is
available to serve the development provided construction plans are submitted to the District for
review and approval prior to the commencement of construction. The letter also indicated that the
District will be requiring sewer to be extended through this project to the adjacent western
property.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands.
Idaho Transportation Department—Indicated that ITD has no objection to the application.
Joint School District No. 2 (Meridian School District): - Indicated that the school district is
already operating beyond capacity. The letter also indicated that development will create the need
for $20,750.00 in revenue to help purchase a school site. The school district also requested that
the developer provide safe walkways, bike paths, and safe pedestrian access for the students.
Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
New Dry Creek Ditch Company— Listed several conditions regarding encroachments, request for
relocation, access to, and easement requirements associated with the irrigation facility located
adjacent to the proposed development.
Ringert Law (Drainage District No. 2)—Indicated that any relocation,piping, encroachments, or
drainage discharges will require District approval.
Q. LETTERS FROM THE PUBLIC:
Steve Russell—Provided email correspondence dated October 16, 2012, that indicated a concern
with the location of the proposed entrance of the development in relationship to the entrance
providing access to Lockwood Subdivision located on the east side of North Ballantyne Lane. The
email also indicated that Mr. Russell is also concerned with the location of the entrance being
located in proximity to a blind curve.
Mike and Linda Plunkett — Submitted correspondence, date stamped by the City on October 26,
2012. The correspondence also included an exhibit from an agreement the Plunketts had entered
into with the previous buyer regarding the design of the previous development. The
correspondence indicated their concerns with the layout of the buildable lots located adjacent to
their property. The correspondence also indicated that a berm with a solid fence was to be
constructed between the Plunkett's property and the proposed subdivision to provide buffering
from the residences to be constructed. The correspondence also indicated that the overhead power
lines located on the southern porition of the proposed development provide power to their
pumphouse and those power lines would need to be re-located. The Plunketts also constructed a
new irrigation water diversion box and are concerned that the drainage from the new subdivision
may encroach into the area where the irrigation water diversion is located.
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STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential One
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 1 unit per 1 acre.
B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior ' Street Covered F And Square Feet) Lot
District ! Height Front Rear Side Side J* H* Width I*
R-1 35' 30' 30' 15' 30' 35% 37,000 100'
• Eagle City Code Section 8-2A-7 (J)(4)(a-b): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway(measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings,and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet(35')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: four(4)shade trees, five(5)evergreen 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.
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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.
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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which
normally includes streets, sidewalks and other public utilities or service areas.
• Eagle City Code Section 9-3-1: Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements
and facilities done, constructed or made in accordance with said provisions shall comply with
the minimum design standards set forth in this chapter and with all applicable requirements set
forth in title 8, chapter 6, "Planned Unit Developments", of this code; provided, however, that
any higher standards adopted by any highway district, the Idaho transportation department or
health agency shall prevail over those set forth herein.
• Eagle City Code Section 9-3-2: Streets and Alleys
o Section 9-3-2-1(G): Location and Design
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet
(750') in length and shall terminate with an adequate circular turnaround having a minimum
radius of fifty feet(50')of right of way including a landscape island with a minimum radius of
ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
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landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street.
o Section 9-3-2-2(A): Street Widths
A. Street and road right of way widths, grade,alignment, and so forth, shall conform to
the adopted major street plan or comprehensive plan and shall be approved by the
highway district and/or other agency having jurisdiction.
• Eagle City Code Section 9-3-7: Planting Strips and Reserve Strips
Planting strips and reserve strips shall conform to the following standards:
A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed
next to incompatible features such as highways,railroads, commercial or industrial uses to
screen the view from residential properties and to provide noise mitigation for those
residents. Such planting strips/buffer areas shall be a minimum of twenty feet(20')wide
unless a greater width is required within section 8-2A-7 of this code. The landscape
strip/buffer area shall not be a part of the normal street right of way and shall comply with
all landscape/buffer area requirements within section 8-2A-7 of this code.
• Eagle City Code Section 9-4-1-2: Streets and Alleys
All public streets and alleys shall be constructed in accordance with the standards and
specifications adopted by the Ada County Highway District or the Idaho Transportation
Department, whichever the case may be.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations
B. Location
1. The city shall require the creation and maintenance of pathways(except in cases where it
is shown to be inappropriate),that provide access to adjacent:
a. Schools;
c. Adopted pathway elements within the comprehensive plan and the ridge to rivers
pathway plan;
2. In addition,pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination, or
b. When the pedestrian/cyclist would otherwise have to travel a distance of more than
one-half(1/2)mile alongside a local or collector roadway in order to reach the desired
destination.
F. Sidewalks
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.
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2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the
standards and specifications of the Ada County highway district.
3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by
a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed
with sod, automatic irrigation, and planted with three inch(3")minimum caliper shade
class trees along all streets within the subdivision. Installation of landscaping shall be in
accordance with section 8-2A-7 of this code. The area within the eight foot(8')wide
landscape strip may be counted toward the minimum required common area open space.
• 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.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for
the protection of residential properties from streets classified as collectors,arterials,
freeways/expressways,waterways,railroad rights of way or other features. Subdivision plats
shall show the location of all buffer areas.
D. DISCUSSION:
• The Eagle Comprehensive Plan Land Use Map designates the property as Residential One
with a density not to exceed one(1)unit per acre. As described in the Comprehensive Plan the
Residential One areas are suitable primarily for single family residential development within
areas that are rural in character. The applicant has submitted a development agreement
modification and a preliminary plat applications for Lion's Gate Subdivision, which consists
of 27.38-acres located in proximity to the southwest corner of North Ballantyne Lane and
West Floating Feather Road. The applicant is proposing a 32-lot (25-buildable, 7-common)
residential subdivision with a proposed density of.91-dwelling units per acre. The proposed
development provides building lots ranging in size from 37,005-square feet to 38,734-square
feet in size. The property is currently zoned R-1-DA (Residential—up to one (1)unit per acre
with a development agreement)which requires a minimum lot size of 37,000-square feet.
• Pursuant to Eagle City Code, subdivisions with an R-1 (Residential — up to one (1) unit per
acre) zoning designation do not require a specific minimum amount of open space. However,
the proposed development includes 2.39-acres (8.7%) of site as common area open space. The
open space areas include the required buffer areas located adjacent to West Floating Feather
Road and North Ballantyne Lane and the landscape islands located within the entrance, cul-de-
sac and knuckle internally within the subdivision.
• The applicant's narrative, date stamped by the City on September 20, 2012, indicates that the
subject property was previously approved for a similar residential development. On September
26, 2006, the City Council approved an annexation, rezone with development agreement, and
preliminary plat for Sylvan Wood Subdivision to be located on the subject parcel. The
applicant is requesting a development agreement modification to revise the concept plan,
address the allowable density, increase the number of lots from 24 to 25, and change the
ownership. The applicant has provided an amended concept plan which may be utilized for the
development agreement modification. Condition of Development 2.1 currently reads "The
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maximum overall density of the property shall not exceed .94 units per acre." The applicant is
requesting Condition of Development be modified to read "The maximum overall density of
the property is .94 units per acre." Staff is not recommending this modification since with the
increase of residential lots from 24 to 25 the proposed density of the development will not
exceed .94 units per acre. The applicant is also requesting to modify Condition of
Development 2.2 to allow for the increase of residential lots from 24 to 25. Although the
applicant is proposing to increase the number of residential lots the proposed density is still
below the maximum allowable density as designated by the Comprehensive Plan and the R-1
(Residential—up to one(1)unit per acre)zoning designation.
• The preliminary plat, date stamped by the City on September 20, 2012, delineates an overhead
power line traversing from east to west on the southern portion of Lots 5 and 6, Block 1,
Pursuant to Eagle City Code utilities are required to be placed underground. All overhead
utilities on the site should be removed and placed underground, prior to the issuance of any
building permits for the site.
• The preliminary plat, date stamped by the City on September 20, 2012, shows that landscape
buffer lots are located adjacent to North Ballantyne Lane (a residential collector) and West
Floating Feather Road (a minor arterial). Although no residential lots are directly adjacent to
each of the aforementioned roads the applicant should be required to place a note on the final
plat indicating that no residential lots shall have direct access to either North Ballantyne Road
or West Floating Feather Road unless access is approved by the Ada County Highway District
and the City of Eagle.
• The preliminary plat, date stamped by the City on September 20, 2012, shows a typical interior
street section with a five-foot (5') wide sidewalk shown on only one (1) side of the street. In
proximity to the typical interior street section diagram there is a note that indicates that
sidewalk may possibly be constructed on only one side of the street if allowed by the city and
ACHD. The map portion of the preliminary plat shows sidewalks to be located on both sides
of the interior streets. The applicant should be required to provide five-foot (5') wide
sidewalks on both sides of the interior streets.
• The preliminary plat, date stamped by the City on September 20, 2012, shows a typical interior
street section with an eight-foot (8') wide planter strip, five-foot (5') wide sidewalk, and two-
feet (2') of additional easement all located within a 15-foot wide ACHD sidewalk easement.
The map portion of the preliminary plat also delineates a 12-foot wide utility, drainage, and
irrigation (PUDI) easement located outside of the ACRD easement. The subject property is
currently zoned R-1-DA (Residential — up to one (1) unit per acre with a development
agreement). The front yard setback for structures located within the R-1 (Residential — up to
one (1) unit per acre) zoning designation is 30-feet from the front property line. The front
property line is located at the road right-of-way line. Based on the location of the front
property line and the ACHD sidewalk easement structures (including garages) could possibly
be constructed within 17-feet of the back of the sidewalk. If a front loading garage was
constructed 30-feet from the front property line there would be a possibility that vehicles
parked in the driveway outside of the garage could potentially overhang the sidewalk area.
Also, since the PUDI easement is required to be located outside of the ACRD sidewalk
easement the total easement width from the front property line is 27-feet. If in the future
additional utility work was required within the allotted easement the work could take place
within in three-feet (3') of the structure based on the required front yard setback being
measured from the front property line. The front yard setback for structures located within the
subdivision should be a minimum of 50-feet measured from the property line to prevent the
possibility of vehicles parked in the driveway from overhanging the sidewalk area and mitigate
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future impacts to the residential structures should utility, drainage, or irrigation work need to
be performed within the required PUDI easement.
• Pursuant to Eagle City Code, a 50-foot wide landscape/screening buffer common lot is
required to be located adjacent to West Floating Feather Road since it is classified as a minor
arterial. The preliminary plat, date stamped by the City on September 20, 2012, delineates a
78-foot wide common lot located south of the proposed 25-foot right-of-way to be dedicated to
ACRD. The New Dry Creek Canal is also located within the 78-foot common lot. In
correspondence received from New Dry Creek Canal Company it is indicated that the canal
has a 25-foot wide easement measured from the top of each bank that is associated with the
canal. Due to the location of the canal and the associated easement the applicant may not be
able to construct the required buffer area located adjacent to West Floating Feather Road. The
applicant may be required to submit a Design Review application and an Alternative Method
of Compliance in the event that the proposed common area is not large enough to
accommodate the required buffer area and the New Dry Creek Canal. The Design Review
application should be reviewed and approved by the Design Review Board prior to submittal
of a final plat application.
The preliminary plat also delineates a proposed five-foot (5') wide sidewalk located on the
south side of the New Dry Creek Canal outside of the canal easement area. The sidewalk is to
be located within an ACHD sidewalk easement. The location where the sidewalk is proposed
to be constructed is not accessible due to the New Dry Creek Canal which is located parallel to
West Floating Feather Road. In correspondence received from ACRD the district is requiring
the applicant to pave Floating Feather Road 17-feet from the centerline to provide a five-foot
(5') wide paved area located adjacent to the travelway. The five-foot(5') wide paved area will
increase safety for the pedestrians and bicyclists that use Floating Feather Road. The 17-foot
paved area is being required in lieu of the construction of a separated sidewalk.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested development
agreement modification and preliminary plat for Lions Gate Subdivision with conditions to be
placed within a development agreement modification and subdivision site specific conditions of
approval and standard conditions of approval, all as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
November 5, 2012, at which time testimony was taken and the public hearing was closed. The
Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one(other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by two (2) individuals.
One (1) individual has a concern regarding the location of the proposed access to North Ballantyne
Lane. The individual indicated that he has safety concerns regarding vehicles that will be accessing the
subdivision. Those concerns are based on the location of the curve and the speed of the vehicles
traveling in the area. The individual also asked where the central sewer line is currently located. The
second individual lives adjacent to the proposed development and requested that a berm be constructed
adjacent to their property to provide their family privacy. The individual also requested that no two-
story homes be built on lots adjacent to their property where their swimming pool is located,the power
lines located across the southern section of the proposed development be re-located to an area that will
also provide power to their irrigation pump house, and the individual also had concerns regarding
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where the drainage from the proposed development will be going. The individual did request that a
berm and fence be constructed in proximity to where their backyard and swimming pool are located.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• Although the Commission understands the neighbor's concerns regarding buffering
adjacent to the neighbor's lot the applicant would need to agree to construct the requested
berm and fence to provide buffering.
• The applicant is gaining an additional lot so the applicant should provide a buffer as
requested by the adjacent property owner to the south.
COMMISSION DECISION REGARDING THE REZONE MODIFICATION:
The Commission voted 5 to 0 to recommend approval RZ-16-06 MOD for a modification to the
conditions of developments and associated exhibits for Lion's Gate Subdivision for Lazarus,LLC,
as provided within their findings of fact and conclusions of law document, dated November 19,
2012.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 5 to 0 to recommend approval of Lion's Gate Subdivision (PP-02-12) for
Lazarus, LLC, with the site specific and standard conditions of approval provided within their
findings of fact and conclusions of law, dated November 19, 2012.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on December 11, 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.
D. Oral testimony neither in favor nor in opposition to the application was presented by one(1) individual
who asked about the subdivision entrance not being in alignment with the Lockwood Subdivision
entrance located across Ballantyne Lane. The individual voiced concerned about the offset since
school busses will be making stops at each intersection.
COUNCIL DECISION REGARDING THE REZONE MODIFICATION:
The Council voted 3 to 0 (Grasser abstained)to approve RZ-16-06 MOD for a modification to the
Conditions of Development and associated exhibits for Lion's Gate Subdivision,with the Planning
and Zoning Commission recommended condition of development to be placed within a
development agreement modification as follows::
2.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the
project (25-lot residential subdivision). 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, notice shall be provided as may be required by the
City.
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COUNCIL DECISION REGARDING THE PRELIMINARY PLAT:
The Council voted 3 to 0 (Grasser abstained) to approve Lion's Gate Subdivision (PP-02-12) for
Lazarus, LLC, with the following Planning and Zoning Commission recommended site specific
and standard conditions of approval with strike through text to be deleted by the Council and
underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-16-06
and RZ-16-06 MOD.
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. Add a note to the final plat which states that, "Minimum building setback lines shall be in
accordance with the applicable zoning and subdivision regulations at the time of issuance of a
building permit or as specifically approved and/or required."
5. All overhead utilities on the site shall be removed and/or placed underground, prior to the issuance
of any building permits for the site.
6. The applicant shall submit a Design Review application with a landscape plan showing the
required improvements (berming, landscaping, sidewalk, and irrigation pumphouse) within the
common lots pursuant to Eagle City Code 8-2A to be reviewed and approved by the Design
Review Board prior to the submittal of a final plat application.
7. The developer shall provide shade-class trees in compliance with Eagle City Code (landscape plan
to be reviewed and approved by the Design Review Board) along both sides of all streets within
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. The trees shall be located in an 8-foot wide
landscape strip between the 5-foot wide concrete sidewalk and the curb. 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. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the
trees will be integrated into the open space areas or private lots (unless approved for removal by
the Design Review Board) shall be provided for Design Review Board approval prior to the
submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review
Board's direction) to protect all trees that are to be preserved, prior to the commencement of any
construction on the site.
9. The Lion's Gate Subdivision shall remain under the control of one Homeowners Association.
10. The applicant shall place a note on the final plat that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
11. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to
maintain the pressurized irrigation system and all common landscape areas in the subdivision are
maintained in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees in perpetuity.
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12. Provide a letter A written license agreement executed between €rem—the New Dry Creek Ditch
Company and the applicant approving any construction plans involving the relocation or
construction of irrigation facilities currently accessing the site and under the purview of the
Company. The letter written license agreement shall be provided with the submittal of the final
plat application.
13. The applicant shall be required to place a plat note on the final plat indicating that no residential
lots shall have direct access to either North Ballantyne Road or West Floating Feather Road unless
access is approved by the Ada County Highway District and the City of Eagle.
14. The applicant shall be required to provide five-foot (5') wide sidewalks on both sides of the
interior streets.
15. The front yard setback for structures shall be 2 35-feet measured from the property line.
16. The applicant shall construct a six-foot (6') high berm, as measured from the property adjacent to
the southwest corner of the development (Lots 7, 15, and 16, Block 1)
' . The berm shall be constructed with
a maximum of a 2.5:1 slope on the Plunkett property and a maximum of a 3:1 slope on the
applicant's property. The berm shall have 15-feet of the berm located on the Plunkett' property
(located southwest of Lots 7, 15, and 16, Block 1) and 18-feet of the berm will be located on the
applicant's property. The applicant shall construct a six-foot (6') high solid vinyl fence (which
may have lattice on top) on top of the berm. A recorded easement for the berm shall be executed
between the Plunketts and the applicant with conditions acceptable to the Plunketts, the applicant,
and the City Attorney. A note may be provided on the final plat in lieu of the recorded easement
provided the note states that the easement may not be vacated without permission being granted by
the property owner of the lot located to the southwest of Lots 7, 15, and 16, Block 1.The berm
landscaping and fencing shall be reviewed and approved by the Design Review Board.
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.
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 furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
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.
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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
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s)shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch,pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, 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,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage 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.
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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.
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.
17. 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
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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.
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.
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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
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 from 10:00 AM to 11:00 AM, Saturday, September 8, 2012, on
site in compliance with the application submittal requirement of Eagle City Code. The applications for
these items were received by the City of Eagle on September 20, 2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on October 15, 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 11, 2012. Requests for agencies' reviews
were transmitted on September 25, 2012 in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on October 24,2012.
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 November 26,
2012 and December 3, 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 November 21, 2012. The site was posted in
accordance with the Eagle City Code December 1, 2012.
3. The Council reviewed the particular facts and circumstances of this proposed rezone modification(RZ-
16-06 MOD) 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 applications are in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R-1 (Residential-up to one units per acre) is consistent
with the Residential One 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 indicates 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 R-1 zone (Residential-up to one unit per acre) is compatible with the R-E
(Residential Estates) zone and land use to the north since that area has been developed with
lots of similar size;
d. The proposed R-1 zone (Residential-up to one unit per acre) is compatible with the R-2-DA
(Residential-two units per acre with a development agreement) zone and land use to the south
since that area has been developed with lots of similar size;
e. The proposed R-1 zone (Residential-up to one unit per acre) is compatible with the R-1
(Residential-up to one unit per acre)zone and land use to the east since that area is designated
as Residential One in the Comprehensive Plan and has been developed with lots of similar
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size;
f. The proposed R-1 zone (Residential-up to one unit per acre) is compatible with the A-R
(Agricultural-Residential-up to one unit per 5-acres)zone and land use to the west;
g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as
described within the Comprehensive Plan; and
h. The proposed use, as conditioned within the development agreement, will not create a non-
conforming use with the R-1 zone.
4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-02-
12) and based upon the information provided concludes that the proposed development is in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives 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 and sewer; or that the
persons or agencies responsible for the establishment of the proposed use shall be able to
provide adequately any such services, as noted in the documentation provided from said
agencies and as required as a part of the conditions of approval;
c. That there are no known capital improvement programs for which this development would
prevent continuity;
d. That based upon agency verification and additional written comments of the Eagle Fire
District, Eagle Sewer District, and United Water Company as conditioned herein, there is
adequate public financial capability to support the proposed development;
e. That any health, safety and environmental problems that were brought to the Commission and
Council's attention have been adequately addressed by the applicant or will be conditions of
approval as set forth within the conditions of approval herein.
DATED this 8th day of January, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
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,mes D. Reynol 4 , .yor �� v o R 4 �:0
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Sharon K. Bergmann, Eagle City •jerk ` •f~ E°°• "° o.
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code,to request a
regulatory taking analysis
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