Findings - PZ - 2021 - A-09-20 & RZ-12-20 - West of Beacon Light Road & East of Hartley Road - Application For Annexation And Rezone Of 388.4 Acres BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR AN ANNEXATION AND REZONE )
FROM RUT (RURAL-URBAN TRANSITION) )
AND RR[RURAL RESIDENTIAL)TO )
R-E-DA [RESIDENTIAL-ESTATES WITH A )
DEVELOPMENT AGREEMENT] FOR J&M )
LAND,LLC,CABRA CREEK,LLC,M2 LAND, )
LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-09-20&RZ-12-20
The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning
Commission for their recommendation on February 16, 2021, 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:
A. PROJECT SUMMARY:
J&M Land,LLC,Cabra Creek LLC,&M2 Land LLC,represented by Van Elg and Scott Wonders,
P.E.,with J-U-B Engineering, are requesting annexation and rezone from RR(Rural Residential—
Ada County designation)and RUT(Residential-Urban Transition—Ada County designation)to R-
E-DA(Residential-Estates with a development agreement). The 388.4-acre site,consisting of nine
(9) parcels, is located on the north side of West Beacon Light Road and the east side of Hartley
Road at 4012 North Hartley Road and 5802 West Beacon Light Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held on-site at 6:00 PM, on Monday, October 19th, 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 October 22, 2020. A revised preliminary concept plan,
colored conceptual master plan,and conceptual landscape plans were received by the City of Eagle
on February 11, 2021.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on November 16, 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 January 15,2021.Notice of this public hearing
was mailed to property owners within fifteen-hundred feet (1500-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
January 14, 2021. The site was posted in accordance with the Eagle City Code on January 18,
2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot Residential, RUT(Rural-Urban Transition Agriculture
Residential Transition —Ada County Designation),
Overlay, RR(Rural Reserve—Ada
Agriculture/Rural, County designation)
Foothills Residential
Overlay
Proposed No Change R-E-DA(Residential-Estates Single-family residential
with a development
agreement)
North of site Agriculture/Rural, PS (Public/semipublic), RR Agriculture
Foothills Residential, (Rural Reserve—Ada County
Foothills Residential designation)
Overlay
South of site Neighborhood RUT(Rural-Urban Transition Agriculture
Residential,Large Lot —Ada County designation),
Residential, and Compact A-R-DA(Agricultural-
Residential Residential with a
development agreement)
East of site Large Lot Residential, RUT(Rural-Urban Transition Agriculture
Residential Transition —Ada County Designation),
Overlay RR(Rural Reserve—Ada
County designation)
West of site Large Lot Residential, RUT(Rural-Urban Transition Agriculture
Residential Transition —Ada County Designation),
Overlay MU-DA(Mixed Use with a
development agreement),
A-R-DA(Agricultural-
Residential with a
development agreement)
G. DESIGN REVIEW OVERLAY DISTRICT:
Not located within the DDA, TDA, CEDA, or DSDA.
H. TOTAL ACREAGE OF SITE: 388.4
APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE:
See applicant's justification letter, date stamped by the City on October 22, 2020 (attached to the
staff report).
J. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See applicant's justification letter, date stamped by the City on October 22, 2020 (attached to the
staff report).
K. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is located within the City of Eagle Municipal Water Service Area. The applicant is
proposing to serve the site with individual septic systems.
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L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes,Nitrate Priority Area
Evidence of Erosion—No
Fish Habitat—No
Floodplain— Yes
Mature Trees—Yes
Riparian Vegetation—Unknown
Steep Slopes—No
Stream/Creek—Yes(Intermittent)
Unique Animal Life—No
Unique Plant Life—No
Unstable Soils—No
Wildlife Habitat—No
N. NON-CONFORMING USES:None
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to staff report.
Museum Curator/City Historic Preservation Officer email dated November 18, 2020 (attached to
the staff report).
Ada County Development Services
Ada County Highway District
Ballentyne Ditch Company
Communities in Motion 2040(COMPASS)
Eagle Fire Department
Eagle Sewer District
Farmers Union Ditch Company(Jerry A. Kiser)
Marathon Pipe Line,LLC
P. LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from James Santurro,date stamped by the City on January 21, 2021
Email correspondence received from Philip Fry,dated January 21,2021
Correspondence received from Joan Mantel,date stamped by the City on January 25,2021
Correspondence received from Ryan Fornstrom,date stamped by the City on January 25, 2021
Email correspondence received from Lon Stewart,dated February 5,2021
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:
Large Lot
Suitable for single family residential adjacent to Estate Residential uses. Densities range from 1
unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for densities
higher than 1 unit per 2 acres. Open space and parks in this area will be generally limited. Land
uses in this category will tend to appear as suburban large lot and generally less agrarian than the
Estate Residential and Agricultural/Rural designations.
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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.
6.6 VILLAGE PLANNING AREA
The Village Planning Area is designated for the establishment of an employment center at
Beacon Light Road that is oriented to the State Highway 16 corridor and the provision of goods
and services in the northwest portion of the City so residents are not required to travel
significant distances for basic amenities. The land uses are intended to be flexible to encourage
corporate office, light manufacturing, and similar uses into the area and to create a unique
destination within the City. The non-residential area along Beacon Light Road will transition
into similar sized large lot residential uses as development approaches Homer Road and the
Foothills. Neighborhood Residential uses are designated south of Beacon Light to Floating
Feather Road. This area is not intended to be master planned but does require great care in
planning to ensure that uses are compatible and that the Village Center serves as the activity
center of the area and is not taken over by residential uses.
6.6.1 Village Planning Area Uses/Design
A. The land use and development policies specific to the Village Planning Area
include residential, commercial, retail, civic, research and development park,
corporate and/or educational campus,hospitality,and office uses. Non-residential
uses will be focused in the Village Center.
1. Village Center: The Village Center is generally located along the north and
south sides of Beacon Light Road,extending from State Highway 16 East to
Hartley Lane, as shown on the Future Land Use Map(Map 6.1). All Non-
residential uses will be focused in the Village Center. This area is comprised
of three key components:
a. A research/development park, educational campus, and/or corporate park
area designed to provide sufficient space for corporate headquarters in a
park-like setting with ancillary commercial uses located in the Village
Center; and
b. The village center should include supporting office, retail commercial,
hospitality,and civic uses that will benefit and support the non-residential
uses,as well as the larger residential area;
c. Office and restaurant uses with drive thrus are considered a supporting use
to the corporate and campus uses. Office and restaurant uses that are
appropriately designed and internally oriented to the larger development
area may be considered on a case by case basis.(See Figure 6.9)
d. Non-residential development in the northeast portion of the Village Center
should be designed and oriented to capitalize on the needs of users of the
future 22-acre Terra View Park.
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2. Residential Uses should be developed as follows:
a. New developments proposed near the Village Center in the Compact
Residential designation are encouraged to include apartments, town
homes, condominiums, patio homes, bungalows and live/work units
ranging in densities from 4 to 8 units per acre.
b. Densities should decrease as distance increases from the village center.
The overall densities in the Village Planning Area and in the
Neighborhood Residential designation, south of Beacon Light Road,
should average 1-2 units per acre. Residential area north of Beacon Light
is Large Lot Residential with a Residential Transition Overlay,
transitioning (feathering and clustering) to the north and east ensuring
compatibility with existing residential and foothills development.
c. Lot sizing and compatibility will be paramount as residential development
reaches the existing 2 and 5-acre lots in the area east of Linder Road and
north of Floating Feather Road. Special care should be given to the
feathering and clustering of residential units as development reaches the
foothills/Farmers Union Canal. (See Figure 6.10)
Figure 6.10: Farmland Cluster
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d. All non-residential use in the Village Planning area should be directed to
the Village Center or the commercial center at State Highway 16 and State
Highway 44(See Moon Valley& State Planning Area Section 6.10).
6.6.2 Village Planning area Access
A. The development Village Center Planning Area should include the construction of
north/south boulevards as entry roads into the area. These roads should include
planted medians,detached sidewalks,and traffic circles.
B. This area will also include the extension of Homer Road from Linder Road to the
Village Center.The intent of this roadway extension is to allow connectivity from
the areas north of Beacon Light Road into the Village Center while decreasing
demand on Beacon Light Road. Front-on housing should be discouraged on this
roadway.
C. The Village Planning Area will be dependent upon the interconnectivity of local
roads as the area develops.
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D. Access to the area from State Highway 16 should be limited to Beacon Light Road
and, in the short-term,Floating Feather Road.
E. Commercial and retail uses should be discouraged from fronting on State Highway
16. Non-residential uses should be focused internally to the Village Center with
residential uses focusing on local/collector roads.
F. ITD should be discouraged from constructing frontage roads along the eastern side
of State Highway 16. Alternatively, development should install landscape berms
along State Highway 16 to continue a gateway feeling similar to Eagle Road.
G. A collector road should be constructed from the Village Center south to Floating
Feather Road and into the commercial development at the State Highway 44 and
State Highway 16 intersection.
H. The design of the area should incorporate non-motorized pathways linking
residential areas to the Village Center,foothills,and the existing Eagle Downtown.
6.6.3 Issues of Concern
A. The scaling and compatibility of uses will be of significant concern in this area. in
order for non-residential uses to locate in this area they will require the
establishment and development of residential uses prior to construction. The
compact residential designation should be developed to support the planned non-
residential uses in the area. New residents should be made aware that the area is
intended to have research/development park,educational campus,and/or corporate
park uses in the area.
B. Special care should be taken to preserve the Village Center area. While residential
uses will be the first demand in the area the City needs to work with land owners
and developers to preserve sufficient land for the non-residential uses that will be
needed to serve the area at buildout. If development pressure is not held back,the
City's vision for an employment area will not be achieved.
C. Special care should be taken to ensure that employment uses are incorporated into
the Village Center. The Village Center designation is scaled for the inclusion of
employment uses. If the City allows the area to shift into a retail and/or
commercial-only area the size of the land use designation should be re-scaled.
D. Special care should be taken to ensure that non-residential uses area internally
oriented to the Village Center and that buildings and signage do not clutter the
State Highway 16 corridor. If special care is not taken the vision of the City of
Eagle for State Highway 16 to serve as an entry corridor will not be achieved.
8.4 TRANSPORTATION SYSTEM IMPLEMENTATION STRATEGIES
8.4.1 Roadway Strategies
H. Work with ACHD,ITD,COMPASS,and the development community to construct
the planned roadway network shown in the Future Roadway Network maps(Maps
8.6 and 8.7), using the Project Priorities Maps (Maps 8.8—8.8D)as guidance for
prioritization. The broad goals of these connections are: 1)to provide continuous
north-south and east-west connections between adjacent arterials or section-line
collectors approximately every Y2-mile (i.e., approximately halfway between the
major roads that are typically spaced about one-mile apart) and 2) to provide
continuity at other locations by making short connections between existing and
planned streets.
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P. Local and collector streets through residential neighborhoods are recommended to
provide connectivity while being designed to preserve the character of the
surrounding neighborhoods through appropriate design techniques, including
street width,traffic calming,and traffic control. The goal of the local street system
is to provide for local circulation within Eagle and not for regional traffic.Cul-de-
sac streets and private streets should be discouraged. In order to provide this
connectivity, new developments should be required to stub access to adjacent
undeveloped or underdeveloped parcels consistent with ACHD road spacing
standards.All new developments should be reviewed for appropriate opportunities
to connect to local roads and collectors in adjacent developments.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions:
R-E RESIDENTIAL-ESTATES DISTRICT: To provide opportunities for very low density
residential land use compatible with the topography and public service capacities. Gross density
shall not exceed one single-family dwelling unit per two(2)acres.
DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted
on the official zoning map of the city(i.e.,C-2-DA), indicates that the zoning was approved by the
city with a development agreement. Specific provisions,as may have been incorporated within the
development agreement, are applicable to development within this zoning designation.
• Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements:
J. Buffer Areas/Common Lots:
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:
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
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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 CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
PRIVATE STREET: A right of way which provides access to adjacent properties under separate
ownership and which is not dedicated to or officially accepted by a public entity,but not including
a driveway as defined in subsection 9-3-2-1J of this title.
• Eagle City Code Section 9-3-2: Design Standards:
9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
A. Street Location and Arrangements: When an official street plan or comprehensive development
plan has been adopted, subdivision streets shall conform to such plans.
• Eagle City Code Section 9-3-2-5: Private Streets:
Private streets may be permitted, in the discretion of the council, subject to the following:
A. Compliance: Private streets may provide access to no more than ten percent(10%)of the lots
within a planned unit development provided the council determines that the private streets are
in compliance with each of the following standards:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that private
streets will serve to enhance the overall development.
2. The private streets shall provide safe and effective movement of both vehicular and
pedestrian traffic, sidewalks,and parking.
3. The private streets shall provide adequate access for service and emergency vehicles.
4. The private streets do not adversely affect access or good transportation planning to adjacent
property and to the area travel networks.
5. The private streets do not landlock adjacent property due to topography or parcel layout.
6. Other than to provide emergency access,the private streets do not connect one public street
to another, thereby encouraging travel through the development served by the private
street; provided, however, that in order to provide secondary access, a private street may
have more than one connection to a public street and/or may be connected to more than
one public street if access thereto is controlled by automatic gates or other control devices
approved by the council.
7. The use or alignment of the private streets does not interfere with the continuity of public
streets.
8. An appropriate mechanism has been established for the repair and maintenance of the
private streets, including provisions for the funding thereof.
D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all
applicable components of the comprehensive plan.
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E. Waiver: The council may waive or modify any of the standards or requirements of this section
when the private streets have been determined to be an integral element of the overall plan and
scheme of the development or will serve to enhance the overall development; provided,
however,that any such waiver shall not be injurious to public health or safety.
D. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards:
A. Standards For Floodplains Without Established Base Flood Elevations(BFE):
Within the special flood hazard areas designated as zone A (also known as unnumbered A
zones) and established in section 10-1-6, where no base flood elevation (BFE) data has been
provided by FEMA,the following provisions, in addition to the provisions of section 10-1-8-2
and section 10-1-8-6, shall apply.
The BFE used in determining the flood protection elevation (FPE) shall be based on the
following criteria:
3. All subdivision, manufactured home park, and other development proposals shall provide
base flood elevation (BFE) data if development is greater than five (5) acres or has more
than fifty(50)lots/manufactured home sites. Such base flood elevation(BFE)data shall be
adopted by reference in accordance with section 10-1-6 and utilized in implementing this
chapter.The applicant/developer shall submit an application for a conditional letter of map
revision (CLOMR) prior to preliminary plat approval and have obtained a letter of map
revision(LOMR)prior to any building permits for structures being issued.
E. DISCUSSION (based on the Preliminary Concept Plan, date stamped by the City on February 11,
2021):
• The property is located within an area which is designated Large Lot Residential with the
comprehensive plan. The Large Lot Residential designation allows up to one unit per one acre to
one unit per two acres. The Preliminary Concept Plan shows a development consisting of 190-lots
(186-buildable, 4-common). Based on the number of buildable lots the proposed density of the
development is .48-dwelling units/acre which is approximately one unit per two acres. Although
the Large Lot Residential designation will allow up one unit per one acre based on the sizes of
parcels located in proximity to the site the applicant should be limited within the development
agreement to not exceed one unit per two acres to allow for a transition in lot sizing.Although this
request is for an annexation and rezone staff will be referencing subdivision code since the
Preliminary Concept Plan identifies issues that will need to addressed prior to submittal of a
subdivision application.
• The Conceptual Landscape Plan, date stamped by the City on February 11, 2021, shows a private
street section with the roadways constructed with permeable pavers. The private street has a 12-
foot wide detached equestrian pathway located on one side of the private street and an 8-foot wide
detached pedestrian pathway located on the opposite side of the private street. The private street is
lined with 50-foot wide class III canopy trees(as identified on the Conceptual Landscape Plan).If
the private streets are approved,the applicant should be required to construct the street section as
identified on the Conceptual Landscape Plan,date stamped by the City on February 11, 2021.
The Conceptual Landscape Plan also shows the subdivision will contain a 20-foot wide buffer with
berm and a mix of trees along the perimeter of the site.The applicant should be required to construct
the buffer with berm and a mix of trees along the perimeter of the site as shown on the Conceptual
Landscape Plan, date stamped by the City on February 11, 2021. The landscape plan should be
reviewed and approved by the Design Review Board and City Council prior to the installation of
the landscaping.
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• The Flood Insurance Rate Map (FIRM), panel #16001C0135J, identifies a portion of the site as
Zone A Special Flood Hazard Area.The Zone A area is an area where Base Flood Elevations(BFE)
have not been determined. Pursuant to Eagle City Code Section 10-1-8-7(A)(3) an applicant is
required to provide a BFE for all subdivision proposals greater than 5-acres or has more than 50-
lots.The applicant is also required to submit a Conditional Letter of Map Revision(CLOMR)prior
to preliminary plat approval and have obtained a Letter of Map Revision (LOMR) prior to any
building permits for structures being issued. The applicant should be required to comply with all
requirements of Eagle City Code Title 10,Flood Control.
• Eagle Fire Department provided correspondence date stamped by the City on December 3, 2020,
indicating a majority of the property lies within the boundaries of the Eagle Fire Protection District.
With this being the case, the applicant should be required to work with both the Eagle Fire
Protection District and the Star Fire Protection District regarding all fire service/protection issues
for the proposed development.
• The applicant provided a Justification Statements letter, date stamped by the City on October 22,
2020,which indicates the applicant is proposing to serve the development with municipal water
from the City of Eagle Municipal Water System. The applicant should be required to comply with
Eagle City Code,Title 6,Chapter 5,Water System.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on February
16,2021,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 to the Planning and Zoning Commission
by no one.
C. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one(other than the applicant/representative).
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the Planning
and Zoning Commission by one (1) individual who indicated a concern with developing in the gulch
area due to the floodplain and would like to see the property zoned to restrict the property to one
unit/five acres.
COMMISSION DELIBERATION: (Granicus time 01:26:24)
Upon closing the public hearing,the Commission discussed during deliberation that:
• A concern with the number of septic systems required to serve the development.
• The applicant should be required to provide a groundwater study.
COMMISSION DECISION:
The Commission voted 4 to 0 (Smith absent) to recommend approval of A-09-20 & RZ-12-20 for an
annexation and rezone from RR (Rural Residential — Ada County designation) and RUT (Rural-Urban
Transition—Ada County designation)to R-E-DA(Residential-Estates with a development agreement)for
J&M Land, LLC, Cabra Creek LLC, & M2 Land LLC, with the following staff recommended conditions
to be placed within a development agreement:
3.1 The maximum density for the Property shall be 0.48-dwelling units per acre.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, the 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
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Code, which shall comply with the Eagle City Code, as it exists at the time such applications are
made except as otherwise provided with 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
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 Owner shall construct the landscape street section with pathways, and buffer with berm with a mix
of trees along the perimeter of the site as shown on the Conceptual Landscape Plan,date stamped by
the City on February 11, 2021. The landscape plan shall be reviewed and approved by the Design
Review Board and City Council prior to submittal of a final plat application.
3.5 Owner shall provide a copy of an executed ITD Transportation Mitigation Agreement to the City
prior to submittal of the first final plat.
3.6 Owner shall comply with all requirements of Eagle City Code Title 10,Flood Control.
3.7 If individual septic systems are proposed, Owner shall provide a site report as required by Central
District Health Department at the time of submittal of a preliminary plat application. In the event
individual septic systems are not approved by Central District Health Department,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.
3.8 The Property is located within both the Eagle Fire Protection District and the Star Fire Protection
District and, therefore, Owner shall work with both the Eagle Fire Protection District and the Star
Fire Protection District for all fire service/protection issues as it applies to the respective Fire
Districts;provided,however,nothing in this Section shall limit Owner's ability to annex into one fire
district so long as Eagle Fire Protection District, Star Fire Protection District and Owner are working
in good faith reach agreement in a recorded Memorandum of Understanding or as otherwise allowed
under Idaho Law.
3.9 Owner acknowledges that the Property is located within the Eagle Municipal Water Service Area and
compliance with applicable sections of Eagle City Code, Title 6, Chapter 5, Water Systems shall be
required.
3.10 Owner shall provide a public right-of-way for a future connection to West Homer Road. The right-
of way shall be in alignment or proximity to West Wild Wing Way between North Hartley Road and
the east property line.
3.11 Owner shall provide a public pathway(s)plan to be reviewed and approved by the Parks,Pathways,
and Recreation Commission prior to submittal of a preliminary plat application.
3.12 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.
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CONCLUSIONS OF LAW:
1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon
annexation (A-09-20 & RZ-12-20) 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-E-DA(Residential-Estates with a development agreement)
is consistent with the Large Lot and Residential Transition Overlay designations as shown on the
Comprehensive Plan Land Use Map;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are expected to be provided, to serve
the proposed residential use and accessory outbuildings on this property under the proposed zone;
c. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the PS(Public/semipublic)and RR(Rural Reserve—Ada County designation)zones and land
uses to the north since the areas are designated Agriculture/Rural which allows for one(1)unit per
five (5) acres and Foothills Residential which allows for one (1) unit per two (2) acres. The
applicant is proposing to construct a buffer located between the subject property and the two single-
family residential lots and the remaining portion of the property is bordered by BLM land which
will not be developed.The applicant is limited to a density of one(1)unit per two(2)acres through
a development agreement;
d. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Rural-Urban Transition — Ada County designation), A-R-DA (Agricultural-
Residential with a development agreement) zones and land uses to the south since the areas are
designated Neighborhood Residential, Large Lot Residential, and Compact Residential in the
Comprehensive Plan and the applicant is proposing to construct a buffer area located along the
perimeter of the site and adjacent area may be developed with higher density in the future;
e. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Rural-Urban Transition — Ada County Designation), RR (Rural Reserve — Ada
County designation) zones and land uses to the east this area is designated Large Lot Residential
with a Residential Transition Overlay in the Comprehensive Plan and may be developed in a similar
manner;
f. The proposed R-E-DA (Residential-Estates with a development agreement) zone is compatible
with the RUT (Rural-Urban Transition—Ada County Designation), MU-DA (Mixed Use with a
development agreement), and A-R-DA (Agricultural-Residential with a development agreement)
zones and land uses to the west is designated Large Lot Residential and is proposed to be developed
with higher density in the future;
g. The land proposed for rezone is located within a"Hazard Area" and"Special Area" as described
within the Comprehensive Plan and the applicant will be required to submit applications to address
the city's concerns regarding development within those areas pursuant to Eagle City Code prior to
developing the property;
h. No non-conforming uses are expected to be created with this rezone.
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DATED this 1st day of March, 2021.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County,Idaho
Trent Wright,Chairman
A EST: (y " '
. YOF �`
Tracy E. orn, •Eagle City Clerk = : s+••� m;
vtip
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