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Findings - CC - 2022 - A-07-21/RZ-07-21 & PP-10-21 - Annexation, Rezone With A Da, And Preliminary Plat BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION,REZONE FROM ) RUT (RURAL URBAN TRANSITION—ADA ) COUNTY DESIGNATION)AND R1 (ESTATE ) RESIDENTIAL—ADA COUNTY DESIGNATION) ) TO R-4-DA(RESIDENTIAL WITH A ) DEVELOPMENT AGREEMENT)AND ) PRELIMINARY PLAT FOR RENE COMMONS ) SUBDIVISION FOR STERLING LAND ) DEVELOPMENT, INC. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-07-21/RZ-08-21&PP-10-21 The above-entitled annexation, rezone with a development agreement, and preliminary plat applications came before the Eagle City Council for their recommendation on December 14, 2021, at which time public testimony was taken and the public hearing was closed. The Eagle City Council, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law: FINDINGS OF FACT: A. PROJECT SUMMARY: Sterling Land Development,Inc.,represented by Becky McKay with Engineering Solutions,LLP, is requesting an annexation, rezone from RUT (Rural-Urban Transition — Ada County designation) and RI (Estate Residential—Ada County Designation) to R-4-DA (Residential with a development agreement), and preliminary plat approval for Rene Commons Subdivision, a 22- lot(17-buildable, 5-common) residential subdivision. The 5.58-acre site is located approximately 160-feet north of the intersection of East Windrose Street and North Falling Water Way at 2425 East Floating Feather Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held adjacent to the subject property at the end of the stub street at North Falling Water Way at 6:00 PM, Thursday, April 29, 2021, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on May 25, 2021. Revised plans were received and date stamped by the City on December 2, 2021. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications 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 September 25, 2021.Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 30, 2021. Requests for agencies' reviews were transmitted on June 7, 2021, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on September 1,2021. Page 1 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc Notice of Public Hearing on the applications for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65,Idaho Code and the Eagle City Code on November 19, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on November 19, 2021. The site was posted in accordance with the Eagle City Code on December 3,2021. D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: All applications are inclusive within. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Compact Residential RUT(Rural-Urban Transition Single-family dwelling —Ada County designation) and agricultural and R1 (Residential—Ada County designation) Proposed Compact Residential R-4-DA(Residential with a Single-family residential development agreement) subdivision North of site Neighborhood RUT(Rural-Urban Transition Single-family dwelling Residential —Ada County designation) and agricultural South of site Compact Residential R-3 (Residential) Single-family residential (Wycliffe Estates Subdivision) East of site Neighborhood R-4(Residential) Single-family residential Residential (Echohawk Estates Subdivision No. 4) West of site Compact Residential R-5-DA-P(Residential with a Single-family residential development agreement— (Rene Place Subdivision) PUD) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,CEDA, or DSDA. H. SITE DATA: Total Acreage of Site—5.58-acres Total Number of Lots-22 Residential- 17 Commercial- 0 Industrial- 0 Common- 5 Total Number of Units- Single-family - 17 Duplex-0 Multi-family-0 Total Acreage of Any Out-Parcels—0-acres Page 2 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 3.05-dwelling units per acre 3.05-dwelling units per acre maximum(as limited within the development agreement) Minimum Lot Size 8,304-square feet 8,000-square feet Minimum Lot Width +/-67.5-feet 70-feet Minimum Street Frontage 70-feet 35-feet Minimum Total Acreage of Common 1.23-acres 1.00-acres Area Open Space Minimum Percent of Site as Common 22.04% 18% Area Open Space Minimum Percent of Common Area 75% 15% Open Space as Active Open Space I. GENERAL SITE DESIGN FEATURES: Landscape Screening: A fourteen-foot-wide (14') natural path is proposed along the south side of the Farmer's Union Canal that runs in an east-to-west direction through Lot 1, Block 2. Common Area Open Space: The subject property, as proposed,will provide a total of 1.23-acres of useable common area open space through common lots, including Lot 1, Block 2, which provides a common lot adjacent to the existing Farmer's Union canal to the north, which is inclusive of the 0.26-acres provided through the parkway planter strips. Active open space is provided through four (4) of the common lots which are amenitized with either walkways, seating areas,or both. The subject property,as proposed, includes: • a fourteen-foot-wide(14')natural path within Lot 1,Block 2; • an eight-foot-wide (8') pedestrian pathway with a wood trellis shelter with a seating area within Lot 2,Block 2; • a six-foot-wide (6')pedestrian pathway and the neighborhood mailbox cluster within Lot 3 of Block 1; and • an open lawn area with a seating area within Lot 13,Block 2. Page 3 of 20 K:\Planning Dept\Eagle Applications\SUBS\202I\Rene Commons\03-Working Files\04-City Counci!\Rene Commmons-CC Findings.doc 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&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements,and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 feet wide. The subject property, as specified within the preliminary plat, indicates that a 12-foot-wide permanent easement for public utilities, irrigation, lot drainage, sewer, irrigation, and street lights shall be located adjacent to any public street, a 6-foot-wide permanent public utilities, irrigation, and lot drainage easement will be located adjacent to all side lot lines, and a 12-foot-wide permanent public utilities, irrigation, and lot drainage easement will be located adjacent to all rear lot lines. Eagle City Code section 9-5-3-8 requires all new service utilities to be placed underground. Fire Hydrants and Water Mains: Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System:No Preservation of Existing Natural Features: No existing trees or natural features on site are specified for preservation. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. STREET DESIGN: Public Streets: F RW N(NT 1. '°'RCN1 ACFG _ EASE. 24' 24' - P SENT 8' 165' 16.5' ' 00,5' •• 2' 14.5' �-� 14.5' 2' • 5' r5M 1 0 2.0% 0 0 zat o • 1518 J 6"4 i�i♦ yt�/y//O/1�� /i�,y�.��i0 itsn .- _ .. _ "/`yam�7�9✓�" /�., `` `�. h./ .Y V?/i444�/ 11• •I • IIP1I1111 YIII�I1I fI •I41I�•• Y.. � O i /�� .� Qi i` �i ��/�/pNI. i h/Y 1�. Y / !r .. 0 p y'y�:4a-..,�iSr. r.:�i'�!.. 1� ...>.�i�. ya%�,. ,�.<t ..�% �,-�r,a,��». p 0 • 0 p Eb 0 0 i pA 25'mimic moon I Dp 4.OF 3/4'MINUS CRIb1ED SRO& ® 3'ROILED CORB AID GUTTER-SEE ISM SD-lW Q FIE RIM GMYFL © 5'COMM MEW-SEE EPIC SD-709 QF COIPACIED STAGE S1IBORADE STREET SECTION - 48' RIGHT-OF-WAY WITH DETACHED SIDEWALK KTB. Applicant's Justification for Private Streets(if proposed):None proposed. Blocks Less Than 500':None proposed. Cul-de-sac Design:None proposed. Page 4 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc Sidewalks: Detached 5-foot-wide concrete sidewalks are proposed (separated by an 8-foot-wide curb adjacent planter strip). The 5-foot-wide sidewalks and 6-inches of the planter strips are located outside of the proposed right-of-way on both sides of all proposed streets. 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 and has been proposed in locations and in sufficient quantities that are compatible with the site. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Sidewalks: See notes above regarding sidewalks. Pedestrian Walkways: The preliminary plat, as proposed, includes a six-foot-wide (6') pedestrian pathway in Lot 3, Block 1, an eight-foot-wide (8') pedestrian pathway within Lot 2, Block 2, and a fourteen-foot- wide(14')natural pathway within Lot 1,Block 2. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: All sidewalks and pathways within the development are open to the public. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—Not known Evidence of Erosion—No Fish Habitat—No Floodplain—No Mature Trees—Yes—located in proximity to the existing residence and accessory structure Riparian Vegetation—No Steep Slopes—No Stream/Creek—No Unique Animal Life—None known to date Unique Plant Life—None known to date Unstable Soils—None known to date Wildlife Habitat—None known to date Page 5 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: City Engineer: All comments within the engineer's letter dated July 30, 2021, are of special concern. City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated August 27,2021,are of special concern. Ada County Highway District Ada County Developmental Services Central District Health Department of Environmental Quality Eagle Sewer District Farmers Union Ditch Company Marathon Pipe Line,LLC Q. LETTERS FROM THE PUBLIC:None received to date. THE CITY COUNCIL 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: Compact Suitable for single family residential. Densities range from 4 units per acre to 8 units per acre. CHAPTER 6: LAND USE 6.4.3 General Land Use Implementation Strategies X. Require design treatments to provide compatibility of new development with existing development by considering such issues as transitional lot sizing, building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • 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 lot split 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. Page 6 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\O4-City Council\Rene Commmons-CC Findings.doc DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-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 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks 1 Minimum Note Conditions A To E* 1 Maximum j Lot Area Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F Square Lot District Height Front Rear Side I Side And J* Feet)H* Width I* R-4 35' 20' 25' 7.5' 20' 40% 8,000 70' B. Additional 5 feet per story side setback is required for multi-story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1: Location and Design: Street and road location and design shall conform to the following standards: C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac. A reserve street may be required and held in public ownership. • 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, unless the fence is located on the property line between the required roadway buffer area and the residential lot, in which case the fence may be a solid wood picture frame or premium vinyl picture frame fence as identified in the EASD book. If the buffer area is designed so that the fence is visible from the adjacent roadway, then the fence shall include decorative columns spaced a maximum of sixty feet(60') apart. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chain link, 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 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways,the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise Page 7 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 2. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet(2') wide (as measured from the edge of asphalt to the easement line)when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet(10')(i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. D. DISCUSSION(Based on the preliminary plat, date stamped by the City on December 02, 2021): • This application was considered by the City of Eagle's Parks, Pathways, and Recreation Commission on August 26, 2021, where the Commission reviewed the application and made their recommendation. The applicant should comply with all recommendations made by the PPRC, as summarized in the letter dated August 27, 2021. A revised preliminary plat that reflects the recommended changes should be submitted prior to the submittal of a final plat application. • To allow for the future installation of municipal fiber-optic cable, the applicant should be required to install two (2) one inch and a quarter(1 1/4") fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation of the municipal fiber-optic conduit lines,the applicant should provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines should be dedicated to the City prior to the City Clerk signing the final plat. • The preliminary plat indicates that the subject property will receive pressure irrigation water from the pressure irrigation system within the adjacent Rene Place Subdivision via the proposed pump station located in Lot 29 of Block 1 of the subject property. The applicant should provide a recorded agreement between the two adjacent subdivisions (Rene Commons and Rene Place)that states that Rene Commons Subdivision is to receive pressure irrigation water from Rene Place in perpetuity along with documentation that states that sufficient water shares are available to serve both the Rene Commons subdivision and Rene Place subdivision, and that the water available from the adjacent Rene Place subdivision will be provided at a proportionately equal share and schedule as to not make the subject property subservient to the Rene Place subdivision. The required documentation should be submitted prior to the City Clerk signing the final plat. • Lot 2 of Block 1 has a front lot line dimension of 70-feet and a rear lot line dimension of 65- feet. Eagle City Code section 8-2-4 specifies that lots within the R-4 zone are required to have a minimum lot width of 70-feet. Eagle City Code section 8-2-4(I) specifies that lot width is measured as the distance between side lot lines at a point midway between the front and rear lot lines. As the lot reduces in size from the 70-foot front lot line to the 65-foot rear lot line dimension, a dimension of approximately 67.5-feet would occur at the midpoint, which is beneath the minimum required threshold. The applicant should revise the preliminary plat showing Lot 2 of Block 1 with a minimum lot width of 70-feet. Page 8 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc • The preliminary plat states in item #5 within the "Amenities" table that the amenities constructed within Rene Place will be open and useable by future residents of the subject property. The applicant should provide written verification of this through an agreement with the Rene Commons HOA through their CC&Rs. The CC&Rs should be submitted to the City at the time of the final plat application for review. • Lot 9 of Block 1 is a common lot adjacent to the east property line of Lot 8 of Block 1. A revised preliminary plat should be provided that includes a plat note stating that no driveway is allowed to be constructed nor is drive access permitted from North Falling Water Way, over Lot 9,and onto Lot 8 of Block 1. • Lot 3 of Block 1 is a common lot that is noted to have a 6-foot wide public pathway with a 20-foot wide public access easement, however the width of Lot 3 where it abuts East Monhegan Drive is only 18-feet in width which would preclude a full 20-foot wide easement within Lot 3. The applicant should provide a revised preliminary plat that either revises Lot 3 to be a minimum of 20-feet in width in order for the 20-foot-wide access easement to remain solely within Lot 3 or to specify that the 20-foot-wide access easement will be over Lot 2, Lot 4, or both. If the access easement is over either or both of Lots 2 and 4 the applicant should specify that side yard fencing is prohibited where the access easement runs over the impacted properties. • All existing overhead power and above ground utility lines are to be removed and buried below grade pursuant to Eagle City Code section 9-5-3-8. • Lot 13 of Block 2 shows a proposed seating area located within a landscaped common lot. There is no pathway or access provided through the lawn to the seating area. The applicant should submit a revised preliminary plat that provides an accessible path of travel to the seating area prior to the City Clerk signing the final plat. • The proposed mailbox cluster located within Lot 3 of Block 1 should be designed to include an overhead structure that provides adequate shelter from the elements while the mail carrier distributes the post to the cluster mailbox. The application should submit a revised landscape plan that provides detailed drawings and material specifications for design review approval as part of the design review process. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on September 20, 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 favor of the applications was provided to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was provided to the Planning and Zoning Commission by one(1) individual. They were opposed for the following reason: • The individual indicated that the `Future Land Use' map within City adopted "Eagle is HOME" Comprehensive Plan, which was referenced in the process of reviewing the subject application, is incorrect and that the map area where the subject property is located was not intended to be designated as Compact Residential. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided. Page 9 of 20 K:\Planning Dept\Eagle Applications\SUBS\202Mono Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0(Smith absent)to recommend approval of A-07-21 and RZ-08-21 for an annexation and rezone from RUT(Rural-Urban Transition—Ada County Designation)and RI (Estate Residential—Ada County Designation)to R-4-DA(Residential with a development agreement)with conditions to be placed within a development agreement as provided within the Commission's findings of facts and conclusions of law document,dated October 4,2021. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 4 to 0 (Smith absent) to recommend approval of PP-10-21 for a preliminary plat for Rene Commons Subdivision with the site specific conditions of approval and standard conditions of approval provided within the Commission's findings of fact and conclusions of law document, dated October 4, 2021. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the City Council on November 9,2021, at which time testimony was taken and the public hearing was closed. The Council made their decision at that time. B. Oral testimony in favor of the applications was presented to the City Council by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was provided to the City Council by one (1) individual. They were opposed for the following reason: • The individual indicated that the `Future Land Use' map within City adopted "Eagle is HOME" Comprehensive Plan, which was referenced in the process of reviewing the subject application, is incorrect and that the map area where the subject property is located was not intended to be designated as Compact Residential. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-07-21 and RZ-08-21 for an annexation and rezone from RUT (Rural-Urban Transition—Ada County Designation)and RI (Estate Residential—Ada County Designation)to R-4-DA(Residential with a development agreement)with the following Planning& Zoning Commission recommended conditions to be placed within a development agreement,with underline text to be added by the Council: 3.1 The maximum density for the Property shall be 3.05 dwelling units per acre (17 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 C) 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. Page 10 of 20 K:\Planning Dep[\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc 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, fences shown, 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 Fencing Plan (Exhibit D). All other fencing(i.e. dog-eared cedar fencing, chainlink)shall be prohibited. (c) A maintenance manual for the streetlight(s)requiring that the association shall have the duty to maintain and operate the light fixtures including the repair and replacement of the fixture, any associated electrical supply, and light bulbs, in perpetuity. (d) 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 us 3.6 Owner shall submit a design review application showing at a minimum: 1)planting plans, details, and specifications within all proposed common areas throughout the development, 2) plans, elevations, and specifications for all proposed common area structures, 3)useable amenities such as picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities, 4) all proposed fencing throughout the development, and 5) 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 Owner shall provide a detailed arborist report and a tree inventory map identifying all existing trees located on site. The report shall identify, at a minimum, species, size, and health of the trees. The arborist report and map shall be provided with the submittal of a design review application. Owner shall provide a narrative indicating how the trees will be incorporated into the design of the subdivision(or mitigated if approved for removal)prior to removal of the trees.No trees shall be removed from the site prior to city approval of a tree removal and replacement plan. 3.8 In conjunction with 3.7 above, all living trees shall be preserved, unless otherwise determined by the City Council upon recommendation by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas (unless approved for removal and mitigation) shall be provided for Design Review Board approval prior to the submittal of a final plat application. 3.9 Owner shall construct the neighborhood amenities including, but not limited to, the mailbox, pedestrian pathways, and seating areas at the locations shown on the Concept Plan(Exhibit C),or provide surety, prior to the signing of the first final plat. Page 11 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc 3.10 The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's pathway recommendations (Exhibit G), as identified in the Trails and Pathway Superintendent's memo, dated August 27, 2021, except that, where required in order to maintain the integrity of the existing canal bank, portions of the proposed natural pathway located within Lot 1, Block 2 and adjacent to the south side of the existing Farmer's Union Canal may be reduced to a minimum of 8-feet in width. 3.11 Owner shall provide an executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat. 3.12 Owner shall provide a "Heavy Truck Traffic Plan" (Exhibit E) to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 3.13 Owner shall place a 4'x8' subdivision sign(s) containing information regarding the proposed development at the terminus N Falling Water Way where it currently terminates at the southern boundary of the subject 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. COUNCIL DECISION REGARDING THE PRELIMINARY PLAT: The Council voted 4 to 0 to approve PP-10-21 for a preliminary plat for Rene Commons Subdivision (Exhibit "A") with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-08-21. 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. 4. The applicant shall remove and dispose of all existing buildings, structures, fences, and concrete driveways and walkways on site prior to the City Clerk signing the final plat. 5. The applicant shall provide documentation from the general contractor constructing the subdivision that the potable water and septic system have been abandoned prior to the City Clerk signing the final plat. 6. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install two (2) one inch and a quarter (1 ''A") fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. Page 12 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings doc 7. The applicant shall provide a recorded agreement stating that irrigation water shall be provided by the adjacent Rene Place subdivision to the proposed Rene Commons subdivision in perpetuity, documentation proving that sufficient water shares are available to serve both the Rene Place Subdivision and the Rene Commons Subdivision, and that the irrigation water service from the adjacent Rene Place subdivision will be provided at a proportionately equal share and schedule as to not make the subject property subservient to the Rene Place subdivision prior to the City Clerk signing the final plat. 8. The applicant shall submit a revised preliminary plat where all proposed lots have been designed with a 70-foot-wide minimum dimension, as measured at the midpoint between the front and rear lot lines pursuant to Eagle City Code Section 8-2-4(I), prior to the submittal of the final plat application. As currently proposed,Lot 2 of Block 1 does not meet the minimum requirement. 9. The applicant shall include a provision within the CC&Rs that grants residents of the proposed Rene Commons Subdivision the perpetual right of access to utilize the common areas, pathways, and community amenities of the adjacent Rene Place Subdivisions in perpetuity. The CC&Rs shall be submitted with the final plat for review and approval prior to the City Clerk signing the fmal plat. 10. The applicant shall include a new plat note on the final plat that states that no driveway or vehicular access shall be permitted from North Falling Water Way across Lot 9 of Block 1, which is a common lot, and onto Lot 8 of Block 1. 11. The applicant shall submit a revised preliminary plat that clarifies the location and/or width of the proposed permanent public access easement that runs over Lot 3 of Block 1. The revised preliminary plat should either: A. Widen Lot 3 of Block 1 to be a minimum of 20-feet-wide; B. State that the entire common lot shall have a public access easement that runs over it; C. Specify the location of the 20-foot-wide easement and its location across either or both of the adjacent lots(Lots 2 and 4 of Block 1). The revised preliminary plat shall be submitted prior to the submittal of a fmal plat application. 12. 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 fmal plat. (ECC 9-4-1-2) 13. Pursuant to Eagle City Code section 9-5-3-8, all new utilities shall be placed underground. The application shall demonstrate all proposed utilities are to be placed underground prior to the City Clerk signing the fmal plat. 14. Lot 13 of Block 2 shows a proposed seating area on a concrete pad located within a landscaped common lot. To provide accessible access, the applicant shall provide a revised preliminary plat that provides an accessible path of travel from the proposed sidewalk to the seating area prior to the City Clerk signing the final plat. 15. The applicant shall provide an overhead structure above the community mailbox cluster located within Lot 3 of Block 2. The applicant shall submit a revised landscape plan with adequate plan view, elevation, and section drawings, along with material specifications, as needed, in order to properly demonstrate the design intent of the overhead structure as part of the required design review applications for design review and City Council approval prior to the City Clerk signing the fmal plat. Page 13 of 20 K:\Planning Dept\Eagle Applications\SUBS\202I\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc 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. 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. 17. All living trees 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(unless approved for removal 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. 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 Rene Commons Subdivision shall remain under the control of one Homeowners Association. 20. The applicant shall place a note on the fmal plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 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 in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 22. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a fmal plat application. 23. The applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant shall be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the final plat or prior to the issuance of a building permit,whichever comes first. 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. Page 14 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Ftene Commmons-CC Findings.doc 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 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 final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs 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. Page 15 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc 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 fmal 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 fmal 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 fmal plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 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 fmal 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. Page 16 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\aene Commmons-CC Findings.doc 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 fmal 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 and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway Development 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 staff and the City Engineer and shall be shown on the final plat prior to approval of the fmal plat by the City Council. 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 fmal 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 fmal 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 plat. 27. Basements in homes in the floodplain 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 Page 17 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc 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 fmal 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 fmal 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 fmal 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. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-07-21/RZ-08-21) 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-4-DA (Residential with a development agreement) which conditionally allows 3.05 residential units per acre is consistent with the Compact Residential designation; 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; Page 18 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doc c. The proposed R-4-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 north since that area may be developed in the future with lots of similar size and is designated as Neighborhood Residential in the Comprehensive Plan. The property to the north is separated from the subject property by the Farmers Union Canal; d. The proposed R-4-DA (Residential with a development agreement) zoning district is compatible with the R-3 (Residential) zone and land use to the south since that area has been developed as a residential subdivision with lots of similar size; e. The proposed R-4-DA (Residential with a development agreement) zoning district is compatible with the R-4 (Residential) zone and land use to the east since that area has been developed as a residential subdivision with lots of a similar size; f. The proposed R-4-DA (Residential with a development agreement) zoning district is compatible with the R-5-DA-P (Residential with a development agreement - PUD) zone and land use to the west since that area may be developed with residential lots of similar size and is designated as Compact Residential in the Comprehensive; g. The land proposed for rezone is not located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan; and h. The proposed use is conditioned within the development agreement so not to create a non- conforming use with the R-4 zone. 4. The Council reviewed the particular facts and circumstances of this proposed preliminary plat(PP-10- 21)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; d. That based upon agency verification and additional written comments of the Eagle Fire District, Eagle Sewer District, and Eagle Water Company as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. Page 19 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doe DATED this 11�'day of January,2022. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho 1C ' .., Jas Pi rce,Chairman A lEST: •••,,,,,,,,,,,,,,, ,•••.•• r,OLE•• racy E. , Eagle City Clek.,; Q - • O : U: 0 % 1r.,S•t= : % STA'W ,,,,,,,,,,,,,,,,, Page 20 of 20 K:\Planning Dept\Eagle Applications\SUBS\2021\Rene Commons\03-Working Files\04-City Council\Rene Commmons-CC Findings.doe