Findings - PZ - 2020 - A-01-20/RZ-01-20 & PP-01-20 - Monticello Estates Sub - 1232 N Park Ln 12 Lot Residential Subdivision BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION,REZONE FROM )
FROM RUT(RURAL-URBAN TRANSITION— )
ADA COUNTY DESIGNATON)TO R-3-DA )
(RESIDENTIAL WITH A DEVELOPMENT )
AGREEMENT)AND PRELIMINARY PLAT )
FOR MONTICELLO ESTATES SUBDIVISION )
FOR MONTICELLO ESTATES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-01-20/RZ-01-20&PP-01-20
The above-entitled annexation, rezone with a development agreement, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on June 1, 2020, at
which time public testimony was taken and the public hearing was closed. The Eagle Planning and
Zoning Commission, 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:
PROJECT SUMMARY:
A. Monticello Estates, LLC — Nathan Cutler, represented by Penelope Constantikes, with Riley
Planning Services, LLC, is requesting annexation, rezone from RUT (Residential-Urban
Transition — Ada County designation) to R-3-DA (Residential with a development agreement),
and preliminary plat approvals for Monticello Estates Subdivision, a 12-lot (10-buildalble, 2-
common) residential subdivision. The 4.07-acre site is located at the southeast corner of North
Park Lane and West Floating Feather Road at 1232 North Park Lane.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on site at 6:00 PM,on Wednesday,January 29,2020,on site
in compliance with the application submittal requirement of Eagle City Code. The application for
this item was received by the City of Eagle on February 5,2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on February 12, 2020, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on May 15,2020. Notice of this public hearing
was mailed to property owners within fifteen-hundred feet(1,500-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
May 12,2020. The site was posted in accordance with the Eagle City Code on May 18,2020.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's narrative,date stamped by the City on February 5,2020(attached to the staff
report).
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's narrative,date stamped by the City on February 5,2020(attached to the staff
report).
H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood Residential RUT(Rural-Urban Transition Single-family dwelling
and Residential Transition —Ada County designation) with pasture
Overlay
Proposed No Change R-3-DA(Residential with a Residential subdivision
development agreement)
North of site Neighborhood Residential R-E(Residential-Estates) Church
and Residential Transition
Overlay
South of site Neighborhood Residential RUT(Rural-Urban Transition Rays Acres Subdivision
and Residential Transition —Ada County designation)
Overlay
East of site Neighborhood Residential RUT(Rural-Urban Transition Agriculture(Rays Acres
and Residential Transition —Ada County designation) Subdivision)
Overlay
West of site Neighborhood Residential R1 (Residential—Ada Church and single-family
and Residential Transition County designation) dwelling
Overlay
DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA,TDA,CEDA,or DSDA.
J. SITE DATA:
Total Acreage of Site—4.07-acres
Total Number of Lots— 12
Residential— 10
Commercial—0
Industrial—0
Common—2
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Total Number of Units— 10
Single-family— 10
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—none
ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 2.45-units per acre 2.45-units per acre maximum
(as limited within the
development agreement)
Minimum Lot Size 10,000-square feet 10,000-square feet
Minimum Lot Width 75-feet 75-feet
Minimum Street Frontage 15-feet 35-feet
Total Acreage of Common Area 34,304-square feet 31,944-square feet(minimum)
Percent of Site as Common Area 19.3% 18%(minimum)
K. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the City on February 5,2020, shows a common lot for the
buffer area located along West Floating Feather Road (minor arterial) and North Park Lane. The
common lot varies in size from 20-feet to 50-feet in width. The preliminary plat also shows a 35-
foot wide buffer area common lot located south of Monticello Avenue along North Park Lane.
Open Space:
A total of 34,304-square feet of open space is proposed (inclusive of the planter strips). The
required buffer areas located adjacent to North Park Lane and West Floating Feather Road will be
contained within common lots. One of the buffer area common lots is proposed to contain a
community garden area. A pathway is proposed to provide access from Monticello Court to the
community garden area.
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:
The preliminary plat, date stamped by the City on February 5, 2020, identifies the easements to
be in conformance with Eagle City Code Section 9-3-6.
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire Department.
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On-site Septic System:
The existing dwelling is currently served by a septic system. The preliminary plat, date stamped
by the City on February 5, 2020, identifies the location of the existing septic with a label
indicating the septic will be abandoned.
Pressurized Irrigation:
The development will contain a pressurized irrigation system which is supplied from the New
Dry Creek Ditch Company. The applicant has provided a "Preliminary Pressure Irrigation
Report," date stamped by the City on February 11, 2020, to address the City of Eagle Pressure
Irrigation Standards.
Preservation of Existing Natural Features:
There are several trees located in proximity to the existing dwelling which will need to be
retained or mitigated if removed.
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.
L. STREET DESIGN:
Public Streets:
P/L 63, P/L
5' a' 3.i' a' S.
L 2A - 2
---.._„, .
MIN.FIAT • >.✓ I,
LANDING ITV P:]CC?�" 3^ASPHALT'PAVEMLN- J \ 3.1 MA%.GILT/FILL ITT •)
5'•THICK SIDEWALK PER A 3/A MN I I'.[_Rl,3NED AGGR EGA a 11
ACHO SUPP.SD-rOR Mfr.) `6.&VERTICAL R
n GUTTER PER
16"-6"MINUS PIT RUN / ACHE)SUPP.Sp-7O1(M..)
NOTES
1. SIDEWALK CROSS SLOPE SHALL NOTE EXCEED 2.094.
THERE ARE NO TOLERANCES'ALLOWED.
TYPICAL STREET SECTION
33' BACK TO BACK
63' RIGHT-OF-WAY
-NTS-
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L4J_IIIn 171.1 1 PAWKY.,NRLIPACrIR i NI'I.1 Ric Y m +<. ... 3.1 MAI TR iI ITT)i 1
t'T5Et U:,..,..pIR "IN v,Ius:Ilui•iie,_..W,ArinER; r
H'r WI..Sh l KR iral•i 15111'11R11
NI KS
t SCIIS.,+K UI.YS tlPit UV,NO,lir IC:rm.
norslrso T^ItAM.zn•I'.mn-,
CUI,-DE;SAC SECTION
101 BACK TO BACK
1 5'RIC III-OF-WAY
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Blocks Less Than 500':None proposed.
Cul-de-sac Design:
One(1)cul-de-sac is proposed:
• Monticello Court: 125-feet in length, 50.5-feet radius (measure from back of curb to back of
curb [island])
Sidewalks:
A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips located within
the proposed right-of-way on both sides of all interior public roadways with the exception of the
cul-de-sac. A detached 5-foot wide concrete sidewalk is proposed along West Floating Feather
Road. There is currently an attached sidewalk located along North Park Lane.
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.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
The landscape plan,date stamped by the City on February 5,2020,shows an 8-foot wide pathway
providing connectivity from Monticello Court to the common lot containing the garden boxes.
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.
N. PUBLIC USES PROPOSED:None proposed.
O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
Q. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—No
Evidence of Erosion—No
Fish Habitat—No
Floodplain—No
Mature Trees—Yes, located in proximity to the existing house
Riparian Vegetation—No
Steep Slopes—No
Stream/Creek—No
Unique Animal Life—No
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Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:
Not required
S. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments,which appear to be of special concern,are noted below:
City Engineer: All comments within the Engineer's letters dated February 26,2020,are of special
concern(attached to the staff report).
City Trails and Pathways Superintendent
Ada County Development Services Department
Ada County Highway District
Ballentyne Ditch Company
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
West Ada School District
T. LETTERS FROM THE PUBLIC(attached to the staff report):
Email correspondence received from Katrina and Justin Jones,dated March 30,2020.
Written correspondence received from Justin and Katrina Jones, date stamped by the City on
March 31,2020.
THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE
FOLLOWING 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 November 15,2017), designates this site as the
following:
Neighborhood
Suitable for single family residential. Densities range from 2 units per acre to 4 units per acre.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be
paramount in this overlay to ensure appropriate transition between uses. See specific planning
areas for further description.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
SETBACK LINE: A line established by this title, generally parallel with and measured from
the lot line (except for front setback), defining the limits of a yard in which no building or
structure may be located aboveground except as may be provided herein.
• Eagle City Code Section 8-2-1: Districts Established, Purposes and Restrictions:
R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential
neighborhoods. Gross density in an R district shall be determined according to the numeral
following the R. The numeral designates the maximum number of dwelling units per acre.
Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3,R-4 and R-5
zoning districts, unless approved as part of a planned unit development (PUD). Centralized
water and sewer facilities are required for all subdivision and parcel division applications
submitted after the effective date hereof in all districts exceeding one dwelling unit per two
(2) acres (R-E). Whenever there is a conflict or difference between the provisions of this
section and those of other chapters and/or other titles, the chapter or title with the more
restrictive provision shall prevail.
• Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations:
I. Lot width shall be determined as follows: The distance between side lot lines measured at
a point midway between the front and rear lot lines. Minimum lot frontage,the portion of
a lot front adjacent to a public or private street, for all residential zoning districts shall be
35 feet.
• Eagle City Code Section 8-2A-7(J)(4)(a): 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.
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.
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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 master street map typologies map 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 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style,
durable fencing material. Specific buffer area fences and decorative walls may be allowed as
otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high
maintenance and/or unsightly fencing shall not be permitted within the above designated
areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to
this effect.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
• Eagle City Code Section 9-4-1-8: Underground Utilities:
Underground utilities are required.
D. DISCUSSION(based on the preliminary plat, date stamped by the City on February 5, 2020):
• The preliminary plat identifies the location of the house,existing barn, existing shed, existing
playhouse, shed, and a horse cover located within the property. The existing barn, existing
shed, and existing playhouse are labeled to be removed; however, the shed and horse cover
are not labeled to be removed. The horse cover overlaps the property line dividing Lot 2,
Block 1, and Lot 5, Block 1. If not removed the horse cover would be located within the
required public utility, drainage, and irrigation easements, and the required side setback
associated with Lot 2, Block 1, and Lot 5, Block 1. The preliminary plat also shows a
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structure labeled as shed overlapping the west subdivision boundary line approximately 35-
feet north of Monticello Avenue. A majority of the shed is encroaching into the right-of-way
associated with North Park Lane. The applicant should be required to remove the structures
labeled as "Existing Barn, Existing Shed, Existing Playhouse, Horse Cover, and Shed" (as
shown on the preliminary plat) from the property. The structures should be removed prior to
the City Clerk signing the final plat.
• Plat note#1 of the preliminary plat references streetlights as"Eagle City Street Lights."Eagle
City Code Section 9-4-1-5, states in part, "the subdivider (and subsequent homeowners'
association) shall assume ownership of the streetlights and shall pay the cost of maintenance
and power in perpetuity." The applicant should be required to provide a revised preliminary
plat with the references to "Eagle City Street Lights" in plat note #1 revised to state
"streetlight."The revised preliminary plat should be provided prior to submittal of a final plat
application.
• Plat note #7 of the preliminary plat states, "Lot 1, Block 1, and Lot 1, Block 2, are common
lots which shall be owned and maintained by the homeowner's association, and shall be
subject to a blanket public utility easement,pressure irrigation,property drainage."
The plat note is vague to the intention for the reference to pressure irrigation and property
drainage whether it is an easement for those services. The applicant should be required to
provide a revised preliminary plat with plat note#7 revised to state, "Lot 1, Block 1, and Lot
1, Block 2, are common lots which shall be owned and maintained by the homeowner's
association, and shall be subject to a blanket public utility, pressure irrigation, and property
drainage easement."The revised preliminary plat should be provided prior to the submittal of
a final plat application.
• The preliminary plat does not contain a plat note referencing that the development is subject
to the conditions of development associated with the rezone.The applicant should be required
to provide a revised preliminary plat with a new plat note stating, "All development within
this subdivision shall be consistent with the conditions of development within the
development agreement associated with RZ-01-20 and any subsequent modifications to the
development agreement." The revised preliminary plat should be provided prior to submittal
a final plat application.
• The existing home located within the property is served by a potable well and septic system.
The locations of the well and septic system are shown on the preliminary plat. Pursuant to
Eagle City Code Section 8-2-3, in all zoning districts with densities which exceed one
dwelling unit per two acres centralized water facilities and sewer facilities are required. The
preliminary plat indicates the septic system is to be abandoned, however, it does not show the
potable well will be abandoned. The existing well and septic system serving the house located
on Lot 2, Block 1, should be abandoned. The applicant should be required to provide
documentation from the general contractor constructing the subdivision that the potable well
and septic system have been abandoned. The existing house should be connected to central
water and central sewer prior to the City Clerk signing the final plat.
• There are currently two (2) access points from North Park Lane which provide access to the
existing home located within the property. The preliminary plat shows the existing home will
have frontage to Monticello Ave with a driveway providing access to Monticello Avenue thus
eliminating the need for access to North Park Lane. However,the preliminary plat also shows
the existing northern access point to North Park Lane will be converted to an emergency
access to the existing home from North Park Lane.The preliminary plat shows the emergency
access point labeled as "Emergency Access Decorative Gate with Fire Department Lock
Box." The decorative gate associated with the emergency access point to North Park Lane
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should be reviewed and approved by the Design Review Board and City Council prior to
construction of the gate. The decorative gate should be installed prior to the City Clerk
signing the final plat. The applicant should provide correspondence from the Eagle Fire
Department approving the completion of the decorative gate prior to issuance of building
permits associated with the lots within the subdivision.
Also, the emergency access driveway will be located within a common lot (Lot 1, Block 1).
The preliminary plat does not delineate an access easement located within the common lot.
The applicant should be required to provide a revised preliminary plat showing the
emergency access point from North Park Lane located within an emergency access easement.
The revised preliminary plat should be provided prior to submittal of a final plat application.
• An underground power line is located in proximity to the southern boundary line of the
property. A portion of the underground powerline located within Lot 2, Block 2, is located
outside of the rear yard 12-foot wide public utility easement area. The applicant has provided
a copy of an Idaho Power Company recorded easement (Ada County instrument
#112007143) associated with the underground power line. The applicant should be required
to provide a revised preliminary plat showing the Idaho Power Company easement associated
with the underground power line located in proximity to the southern boundary of the
property. The revised preliminary plat should reference the instrument number of the
recorded easement. The revised preliminary plat should be provided prior to submittal of a
final plat application.
• Lot 2, Block 1, has 15-feet of street frontage along Monticello Avenue. Pursuant to Eagle
City Code Section 8-2-4(I), the portion of a lot located adjacent to a public street in
residential districts requires a minimum street frontage of 35-feet. The applicant should
provide a revised preliminary plat showing Lot 2, Block 1, with a minimum of 35-feet of
street frontage. The revised preliminary plat should be provided prior to submittal of a final
plat application.
• A portion of the common lot located north of Monticello Avenue along North Park Lane is
20-feet in width.North Park Lane is designated as a collector street. This area of the common
lot is where the required buffer area is to be constructed. Pursuant to Eagle City Code Section
8-2A-7(J)(4)(a), a 35-foot wide buffer area is required to be constructed within a common lot
located adjacent to a collector street. The applicant is requesting a reduction of the required
buffer area located along North Park Lane. The reduction of the buffer area will allow for a
driveway to provide access from the interior street to Lot 2, Block 1,thus eliminating two(2)
existing driveway access points to North Park Lane.
Also, the preliminary plat shows the common lot located adjacent to West Floating Feather
Road varies in width from 35-feet to 50-feet. West Floating Feather Road is designated as a
minor arterial. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(b) a 50-foot wide buffer
area is required to be constructed within a common lot located adjacent to a minor arterial
street. Based on the location of the mature trees on the property and the location of the
existing residence the applicant is requesting a reduction in the width of the buffer area to
preserve the existing trees and existing residence. If the City Council approves the reduction
of the required street buffer widths, the applicant should be required to submit an alternative
method of compliance application with a design review application. The alternative method
of compliance application and design review application should be reviewed and approved by
the Design Review Board and City Council prior to submittal of a final plat application.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on June 1,
2020, at which time testimony was taken and the public hearing was closed. The Commission made
their recommendation at that time.
B. Oral testimony in opposition to the application was presented four(4) individuals before the Planning
and Zoning Commission who indicated the following:
• The traffic from the proposed development will impact the adjacent intersection that is already
congested due to proximity of the high school.
• As proposed,the density is too high for the area
• If the existing well is proposed to be utilized to supplement the pressurized irrigation system it
may have an impact on other wells located in proximity to the site.
• Utilities located along the southern property line will block the existing views currently enjoyed
by the adjacent property owners.
• The proposed density will decrease the property values within the area.
• The applicant should be required to increase the lot sizing.
C. Oral testimony in favor of the applications was presented to the City Council by no one(not including
the applicant/representative).
COMMISSION DELIBERATION: (Granicus time 03:45:27)
Upon closing the public hearing,the Commission discussed during deliberation that:
• Although the proposed density is in conformance with the allowed density of 2-4 dwelling units/acre
as identified in the comprehensive plan for Neighborhood Residential, two (2) of the Commissioners
felt that the number of lots located along the southern property line should be reduced by two(2) lots.
One Commissioner indicated the subdivision should be approved as proposed and one (1) other
Commissioner indicated the number of lots located along the southern property line should only be
reduced by one lot.
• The applicant should be permitted to utilize the existing well for irrigation.
• The applicant should not be required to provide 35-feet of frontage to North Park Lane for Lot 2,
Block 1.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE:
The Commission voted 3 to 2 (Johnson and McLaughlin against)to recommend approval of A-01-20 and
RZ-01-20 for an annexation and rezone from RUT to R-3-DA with the following staff recommended
conditions to be placed within a development agreement with underline text to be added by the
Commission with strike through text to be deleted by the Commission:
3.1 The maximum density for the Property shall be 2.15 2.21 dwelling units per acres (4-0 9 single-
family lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan(Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
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potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan,notice shall be provided as may be required by the City.
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, fencing, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an
addendum to the CC&Rs and the repair and maintenance requirement shall run with the land
and that the requirement cannot be modified and that the homeowners association or other
entity cannot be dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit
(Exhibit D). All fencing shall be in conformance with Eagle City Code Section 9-3-10. All
other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited.
(c) A requirement that in the event any of the CC&Rs are less restrictive than any government
rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances
of all applicable government bodies. In the event a governmental rule, regulation, law or
ordinance would render a part of the CC&Rs unlawful, then in such event that portion shall
be deemed to be amended to comply with the applicable rule,regulation, law or ordinance.
3.5 A letter of approval shall be provided to the City from the Eagle Sewer District indicating that the
property has been annexed into the Eagle Sewer District's service boundaries prior to the submittal
of a final plat application. Owner shall comply with all applicable Eagle Sewer District's
regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any
building permits,Owner shall provide proof of central sewer service to the proposed residential use.
3.6 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed and required landscape islands and all common
areas throughout the development, 3) elevation plans for all proposed common area structures and
irrigation pump house(if proposed), 4) landscape screening details of the irrigation pump house (if
proposed), 5) useable amenities such as picnic tables, covered shelters, benches, garden boxes,
gazebos, and/or similar amenities, 6) all proposed fencing throughout the development, and 7)
street lights. The design review application shall be reviewed and approved by the Eagle Design
Review Board and City Council prior to the submittal of a final plat application.
3.7 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"E".
To assure compliance with this condition, the applicant shall create an architectural control
committee(ACC) as a component of the development's CC&Rs. Provisions regarding the creation
and operating procedures of the ACC shall be included in the CC&Rs, and shall be reviewed and
approved by the City attorney prior to the approval of the first final plat.
The submittal of a building permit application to the City for each structure within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny,at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
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3.8 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed
development. The subdivision sign(s) shall be located along each roadway that is adjacent to the
Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way
and remain clearly visible from the roadway.
COMMISSION DECISION REGARDING THE PRELIMINARY PLAT:
The Commission voted 3 to 2 (Johnson and McLaughlin against)to recommend approval of PP-01-20 for
a preliminary plat for Monticello Estates Subdivision with the following staff recommended site specific
conditions of approval and standard conditions of approval with text shown with underline to be added by
the Commission and text shown with strike through to be deleted by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-01-20.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for
reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an
invoice by the City,whichever occurs first. (ECC 9-2-3 [C] [3] [1])
4. Provide a revised preliminary plat with the references to "Eagle City Street Lights" in plat note #1
revised to state "streetlight." The revised preliminary plat shall be provided prior to submittal of a
final plat application. (ECC 9-4-1-5)
5. Provide a revised preliminary plat with plat note #7 revised to state, "Lot 1, Block 1, and Lot 1,
Block 2, are common lots which shall be owned and maintained by the homeowner's association,
and shall be subject to a blanket public utility,pressure irrigation,and property drainage easement."
The revised preliminary plat shall be provided prior to the submittal of a final plat application.
6. Provide a revised preliminary plat with a new plat note stating, "All development within this
subdivision shall be consistent with the conditions of development within the development
agreement associated with RZ-01-20 and any subsequent modifications to the development
agreement." The revised preliminary plat shall be provided prior to submittal of a final plat
application.
7. The applicant shall remove the structures labeled as "Existing Barn, Existing Shed, Existing
Playhouse, Horse Cover, and Shed" (as shown on the preliminary plat) from the property. The
structures shall be removed prior to the City Clerk signing the final plat.
8. The septic system serving the house located on Lot 2, Block 1, shall be
abandoned. The applicant shall provide documentation from the general contractor (constructing
the subdivision) that the septic system have had been abandoned. The existing
house shall be connected to central water and central sewer prior to the City Clerk signing the final
plat. The existing well may be utilized to provide supplemental irrigation for Lot 2,Block 1.
9. The decorative gate associated with the emergency access point to North Park Lane shall be
reviewed and approved by the Design Review Board and City Council prior to construction. The
decorative gate shall be installed prior to the City Clerk signing the final plat. The applicant shall
provide correspondence from the Eagle Fire Department approving the completion of the
decorative gate prior to issuance of any building permits.
10. Provide a revised preliminary plat showing the emergency access point from North Park Lane
located within an emergency access easement. The revised preliminary plat shall be provided prior
to submittal of a final plat application.
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11. Provide a revised preliminary plat showing the Idaho Power Company easement associated with the
underground powerline located in proximity to the southern boundary of the property. The revised
preliminary plat shall reference the instrument number of the recorded easement. The revised
preliminary plat shall be provided prior to submittal of a final plat application.
12. Provide a revised preliminary plat showing Lot 2, Block 1, with a street frontage of 35 feet. The
13. If the City Council approves the reduction of the required street buffer widths,the applicant shall be
required to submit an alternative method of compliance application with a design review
application. The alternative method of compliance application and design review application shall
be reviewed and approved by the Design Review Board and City Council prior to submittal of a
final plat application. (ECC 8-2A-7(J)(a-b)
14. All overhead utilities located within the subdivision shall be located underground. (ECC 9-4-1-8)
15. 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.
16. The developer shall provide shade-class trees (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 within an 8-foot wide landscape strip between the 5-foot
wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be
placed so as to not interfere with the required placement of street trees. 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. Partial
reduction of the surety may be permitted for any portion of the development that is completed,
including street trees that have been installed. On-going surety for street trees for all undeveloped
portions of the development will be required through project completion. (ECC 8-2A-7[E] and ECC
8-2A-1 8)
17. The applicant shall provide a license agreement from ACHD approving the landscaping located
within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC
9-4-1-2)
18. Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in ECC Section 8-2A-7(J).
19. The Monticello Estates Subdivision shall remain under the control of one Homeowners
Association. (ECC 9-3-8[D][4])
20. The final plat shall contain a plat note(s) which states that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
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21. 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. The CC&Rs shall also
require that all common areas are maintained in a competent and attractive manner, including the
watering,mowing,fertilizing and caring for shrubs and trees in perpetuity. (ECC 9-4-1-9[C][1])
22. Provide a revised preliminary plat showing the removal of one (1) buildable lot along the southern
boundary line of the proposed subdivision. The revised preliminary plat should be provided prior to
submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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. Department of Environmental Quality 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.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof;or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific
criteria for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the fmal 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
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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.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner,
or homeowner's/business owner's association,whichever the case may be.
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 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.
15. 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.
16. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements,and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
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b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square
feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates
shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in
writing by the Eagle Fire Department prior to issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
17. 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.
18. 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.
19. 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.
20. 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 Parks, Pathways, and Recreation
Commission for a path or walkway shall be approved in writing by the Eagle City Parks and
Pathways Commission prior to approval of the final plat by the City Council.
21. Conservation, recreation and river access easements (if applicable) shall be approved by the staff
and the City Engineer and shall be shown on the final plat prior to issuance of a building permit
or Certificate of Occupancy,whichever occurs first.
22. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
23. 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.
24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
25. The applicant shall obtain written approval of the development relative to the effects of the Boise
River floodplain(if applicable)from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
26. 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
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plat.
27. Basements in homes in the flood plain are prohibited.
28. 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.
29. 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.
30. 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.
31. 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.
32. 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.
33. 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.
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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-01-20/RZ-01-20) 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 upon annexation is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. The requested zoning designation of R-3-DA (Residential with a development agreement) is
consistent with the Neighborhood Residential 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-3-DA (Residential with a development agreement) zoning district is compatible
with the R-E (Residential Estates) zone and land use to the north since that area contains a
church. West Floating Feather Road (minor arterial) separates the subject property from the
property to the north;
d. The proposed R-3-DA (Residential with a development agreement) zoning district is compatible
with the RUT(Rural-Urban Transition—Ada County designation)zone and land use to the south
since that area contains two (2) single-family dwellings located on separate lots. Also, there are
mature trees located within the adjacent properties which provide an additional buffer to the
subject property;
e. The proposed R-3-DA (Residential with a development agreement) zoning district is compatible
with the RUT(Rural-Urban Transition—Ada County designation) zone and land use to the east
since that area is designated as Neighborhood Residential in the Comprehensive Plan and may be
developed in a similar manner. The property to the east is currently being used for agriculture;
f. The proposed R-3-DA (Residential with a development agreement) zoning district is compatible
with the R1 (Residential — Ada County designation) zone and land use to the west since a
majority of property located to the west contains a church and the remaining area contains a
single-family residence. West Park Lane (collector) separates the subject property from the
properties located west of the proposed development;
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.
2. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat
(PP-01-20) and based upon the information provided concludes that the proposed preliminary plat
application is in accordance with the City of Eagle Title 9(Subdivisions)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;
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d. That based upon agency verification and additional written comments of the Ada County
Highway District and Eagle Fire Department 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's and
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 15th day of June, 2020.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
6)2.0-xf-7-a
Trent Wright, Chairman
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Sharon K. gmann, Eagle City Cler v MOP *
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