Findings - CC - 1994 - Eagle Wing Development Condo Subd/PP/FP - Condominium Subd Preliminary Plat/Final Plat
CITY OF EAGLE
IN THE HATTER OF
EAGLE WING DEVELOPMENT
AN APPLICATION FOR A
CONDOMINIUM SUBDIVISION
PRELIMINARY AND FINAL
PLAT
)
)
)
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On November 23, 1993 and December 14, 1993, pursuant to public
notice and hearing procedures set forth in Section 67-6509, Idaho
State Code, and Title 9, Eagle City Code, the applicant, William J.
Korby, owner of the property, came before the Eagle City Council
for consideration of a preliminary and final plat approval for a
Condominium Subdivision in an R15 Residential District. The
application, a one lot, 60 unit condominium complex, consists of 15
4 plex buildings on 4 acres at a density of 3.75 lots per acre (15
dwelling units per acre, multi unit complexes).
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
The records in this matter indicate all notices, and
publications have occurred as required by law. The records
further reflect notice of the public hearing was sent to the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities, including Eagle Sewer District, Eagle Fire District,
Central District Health, and Ada County Highway District. The
City was advised by said entities that subj ect to certain
conditions there was no objection to the establishment of the
proposed development. Those responses are as follows:
EAGLE WATER CO: will provide water & fire service under its rules
& regulations as provided for by Idaho PUC.
DIVISION OF ENVIRONMENTAL QUALITY:
Note: Page 2, (B): DEQ states they are still not allowing any
connections to Eagle Water Corp. This is in Eagle Water Company's
planning area.
EAGLE SEWER DIST: it is in the Eagle Sewer District Planning Area
and has been annexed into taxing boundaries. The property was a
participant in the LID 89-3 and sewer service is available to the
property. No opposition.
CENTRAL DIST. HEALTH: Can approve this development after writte~_~
approval from appropriate entities and plans submitted and approved
by CDH and DEQ. The stormwater design should take into
consideration the shallow water table.
EAGLE FIRE DIST: 1. No on street parking except marked parking
spaces, 2. 3 hydrants as marked on preliminary 3.1500 GPM flow for
fire protection and follow conditions and requirements.
12/6/93: CITY ENGINEER - After reviewing the site the Engineer
recommends that the curb, gutter and sidewalk be constructed
adjacent to State St. to align w/ the curb and gutter improvements
of the properties immediately adjacent to this project (Ricks River
Ridge to the Wand Bosanka Village to the E)
ACHD: 10/4/93: Eagle Wing is currently under construction (first
phase) adjacent to the west boundary of the Bosanka parcel. Staff
recommends to the City that a pedestrian/bicycle connection to one
of the private road that ends in Eagle Wing be provided as an
inter-neighborhood connection. If Eagle requires construction of
improvements along State St., the developer is required to submit
plans to ACHD for approval and follow the same review, approval and
construction process as if the street were under ACHD jurisdiction.
2.
On November 23,1993 public hearing proceedings were conducted
by the Eagle City Council. There was no public testimony
offered. A question concerning a condition that the developer
continue the downtown redevelopment design of curbs, gutters
sidewalks, trees and street lights resulted in the continuance
of the matter until the next scheduled Council meeting in
order to get opinions of ACHD and ITD on the issue of curb,
gutter, sidewalk and landscaping feasibility in this
development. Meanwhile the Council will have the opportunity
to investigate the site.
3.
On December 14, 1993 The Council approved the preliminary and
final plat with the standard conditions and curbs, gutters,
sidewalks, trees, street lights as established in the downtown
area after receiving the following recommendations from the
State of Idaho Dept. of Transportation and Briggs Engineering,
the City's Engineering firm:
CITY ENGINEER After reviewing the site the Engineer
recommends that the curb, gutter and sidewalk be constructed
adjacent to State St. to align w/ the curb and gutter
improvements of the properties immediately adjacent to this
project (Ricks River Ridge to the Wand Bosanka Village to the
E)
The width of State St. at the Eagle Wing development should be
41 ft from back of curb to back of curb with a 5 ft sidewalk.
The construction plans show that the existing edge of pavement
is about 20 ft from the centerline of State St. Therefore, no
fill w/ be required to construct curb and gutter. It also
appears that the sidewalk can be constructed with no importing
of fill dirt being required.
4.
ITD: The Department agrees with the City in their ordinance
No. 230, calling for curb, gutter, and sidewalk. The fact
that the developer has to haul in a minor amount of fill does
not constitute a valid reason for not requiring the
improvements.
This project was first approved by the Eagle City Council on
November 10, 1992, for a rezone and development, to be
accompanied by an executed Development Agreement. Since that
time it has been established that although this is only one
lot, this project is being designed as a condominium project.
The land will be owned by a homeowners association, but the
units will be sold. In order to sell units the notice and
procedures requirements of State Code and Eagle City Code make
it mandatory to return to Eagle Planning and zoning Commission
and City Council for a "subdivision preliminary and final
plat" approval. (IC 55-1504)
5.
The Eagle Planning and Zoning Commission met on October 18,
1993 and recommended approval the preliminary and final plat
combination conditioned on the standard conditions of
subdivision approval and that the conditions of approval
include that the condo subdivision be required to install
curbs, gutters, street lights, trees to conform with the
downtown area and Ordinance No. 230.
Since this development was first approved as a rezone in 1992
the City has initiated a policy, in conjunction with ACHD and
ITD, to continue the look of the downtown redevelopment with
curb, gutter, sidewalk and tree requirements on State St.
There are 3 other developments to the east and west of this
proj ect that will be required to install curb, gutter and
sidewalks (Bosanka, Kestral Cove and Rick's River Ridge) . This
project needs to follow suit, and should be required to
install curbs, gutters, sidewalks, street lights, trees
irrigation and tree wells to provide continuity to the design
of the area. Such improvements should follow the requirements
of Ordinance No. 230. In lieu of actual installation the
developer may provide a financial guarantee in the form of a
performance bond as provided by the provisions of Section 8-3-
6 (E) in Ordinance No. 230.
6.
The proposed location for the condominium subdivision is
bordered to the East, West and South by an R5 district, to the
N by an R5 district and the Seventh Day Adventist Church
7.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
The definition of multi-family use, Eagle City Code 8-1-2, is as
follows:
A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying
arrangements of entrances and party walls. MUlti-family
housing may include public housing and industrialized
units.
This property is in the Eagle Sewer District's area.
8-1-1:
Zoning Interpretation and Definitions:
A. No building, structure or land shall be used or
occupied and no building or structure or part thereof
shall be erected, constructed, reconstructed, moved or
structurally altered except in conformity with all of the
regulations herein specified for the district in which it
is located;
B. No building or other structure shall be erected or
altered: 1. to provide greater height or bulk
2. to accommodate or house a greater number of
families
3. to occupy a greater percentage of lot area,
or
4. to have narrower or smaller rear yards,
front yards, side yards or other open spaces
than herein required, or in any other manner
be contrary to the provisions of this Title.
This development is in a residential zone. All building height and
lot area regulations (ECC 8-2-4) must be met. Those requirements
are as follows:
Maximum Height 35 ft
Front yard setback 20 ft
Rear yard setback 25 ft
Side (interior) sb 7 1/2 ft
Side (exterior) sb 20 ft
**5 ft per story setback for multi-story
exceed 3 stores
Maximum lot cov
Minimum Lot cov
40%
6000sq ft
structures, not to
8-3-3-(C): Yards in MUlti-Family Dwellings: Multi-family
dwellings shall be considered as one building for the purpose of
determining front, side and rear yard requirements. The entire
group as a unit shall require one front, one rear and two (2) side
yards as specified for dwellings in the appropriate district.
TITLE 9-SUBDIVISIONS
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
With respect to the review of the preliminary plat:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the public
health, safety and general welfare, and to provide for:
A. The harmonious development of the City and its area of
impact;
B. The coordination of streets and roads within a subdivision
with other existing or planned streets and roads;
C. Adequate open space for travel, light air and recreation;
D. Adequate transportation, water drainage and sanitary
facilities;
E. The avoidance of the scattered subdivision of land that
would result in either of the following:
1. The lack of water supply sewer service.
drainage. transportation or other public services:
or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of such
services: or
F. The requirements as to the extent and the manner in which:
1. roads shall be created, improved and maintained;
and
2. water and sewer and other utility mains, piping
connection, or other facilities shall be installed
G. The manner and form of making and filing of any plats; and
H. The administration of these regulations by defining the
powers and duties of approving authorities.
9-2-3:
Preliminary Plat Procedures
9-2-4:
Final Plat Procedures
9-3-1:
Design 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
B. Minor Streets: Minor streets shall be so arranged as to
discourage their use by through traffic
C. Stub Streets: Where adj oining areas are not subdivided the
arrangement of streets in the 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.
D. Relation to Topography: Streets shall be arranged in proper
relation to topography so as to result in usable lots, ----
E. Alleys:---
F. Frontage Roads:---
G. Cul-De-Sac Streets: shall not be more than 500 ft. in
length and shall terminate with an adequate turnaround having
a minimum radius of 50 ft for right of way
H. Half Streets:---
I. Private Streets: shall be prohibited---
J. Driveways: Providing access to no more than 2 dwelling
units shall be allowed.
9-3-7: Planting strips and reserve strips standards
a. planting strips shall be required to be placed next to the
incompatible features such as highways, railroads, commercial
or industrial uses to screen--shall be a minimum of 20 ft wide
and not part of the normal street right of way or utility
easement.
9-4-1: Required improvements,
9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and
specs of ACHD
9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall be
constructed on collector and arterial streets
9-4-1-4: STREET SIGNS: Street name signs shall be installed in
the appropriate locations at each street intersection in accordance
w/ local standards.
9-4-1-5: STREET LIGHTS: All street
area of impact shall be required to
expense, street lights in accordance
standards at location designated
representative----.
subdividers w/i the City and
install, at the subdividers'
with City specifications and
by the Administrator, or
9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be
required on both sides of the street; except, where the average
width of lots as measured at the street frontage line or at the
building setback line, is over 100', sidewalks on only one side of
the street may be allowed.
PEDESTRIAN WALKWAYS: when required, shall have easements at least
10' in width and include a paved walk at least 5' in width.
9-4-7: BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement may be specified by the City
Council.
9-4-1-8:
UNDERGROUND UTILITIES:
are required
9-4-1-12:
Greenbelt Areas, landscaping screening
9-4-2-2:
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSION
The Eagle City Council concludes that the application for a
preliminary and final plat for a Condominium Subdivision is
consistent with the intent and purpose of the Idaho State Code,
Section 55-1501, the 1993 Eagle Comprehensive Plan and Eagle City
Codes. The zoning designation is in accordance with the Eagle
Comprehensive Plan and serves the welfare of the general public,
and is in the public interest.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Section 9-1-3
of the Eagle City Code, the general subdivision provisions. The
development, if the conditions attached are met, will not violate
the Idaho Code nor nullify the interests or purposes of the Eagle
City Code or Eagle Comprehensive Plan and will promote public
welfare, safety and the Subdivision provides for harmonious
development. And, will provide adequate water and sewer services
through central services. (9-4-1.9)
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Council approves the application for Eagle Wing
Condominium Subdivision subject to the following conditions:
1.
2.
The Eagle Standard Subdivision Conditions of Approval
The requirement of curbs, gutters, sidewalks, street
lights and trees in order to continue the downtown
redevelopment design.
The Eagle
follows:
Standard Subdivision Conditions
of Approval
are
as
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing curb, gutter, sidewalks and
paving throughout the subdivision or as specified by the Ada
County Highway District. Signature by the Ada County Highway
District on the plat is required prior to signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
2.
Correct street names as approved by the Ada County Street Name
committee shall be placed on the plat prior to signing of said
plat by the City Engineer.
3.
Approval of sewer and water facilities,
the Idaho Dept of
Health & Welfare and Central District Health are required. The
signature by the Ada County Central District Heal th Department
is required prior to signing of the final plat by the City
Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118)
A.
The developer shall comply with Eagle City code 9-4-1
pertaining to required improvements within subdivisions.
Required improvements shall include, but not be limited
to, extending all utilities to the platted property.
Complete construction plans of water and sewer systems
shall be submitted to and approved by the City Engineer
prior to signing the final plat by the City Engineer.
The developer may submit a letter in lieu of plans
explaining why plans are not necessary.
4.
The developer shall place a note on the face of the plat which
states: "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance at the time of
issuance of the building permit or as specifically approved".
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
5.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of owners or dedicators, Certificate of the
Surveyor, Certificate of the County Engineer, Certificate of
Central District Health Dept., Certificate of the City
Engineer and City Clerk and signatures of the Commissioners of
the Ada County Highway District and the Ada County Treasurer.
6.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
all requirements of the Fire Department", prior to signing of
the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7.
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
concerning
A. 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
B. The subdivider has provided for underground title or
10.
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond in the amount of 110% of the
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
registered professional engineer prior to signing
of the final plat by the City Engineer.
8.
Developer and/or owner 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 signing of the final plat
by the Eagle City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. For drainage facilities not belonging to ACHD, the
developer may either construct prior to final platting or
post bond/agreement in the amount of 110% of the
estimated construction costs.
9.
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 all
common areas, storage facilities, recreational facilities,
street lights or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the final plat by
the Eagle City Engineer.
A restrictive covenant must be recorded and a note on the face
of the final plat is required, providing for mutual
maintenance and access easements.
Appropriate papers describing decision-making procedures
relating to the maintenance of structures, grounds and parking
areas shall be reviewed and approved by the Eagle City
Attorney prior to signing of the final plat by the City
Engineer.
Street light plans shall be submitted and approved as to the
location, height and wattage to the City Engineer prior to
signing of the final plat by the City Engineer. All
construction shall comply with the City's specifications and
standards. The Developer has the option of completing street
light installation prior to signing of the final plat by the
City Engineer or bonding for the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2, which specifies that the
improvements to be made shall be done in a time period "not to
exceed one year from the date of approval of the final plat".
11.
12.
13.
14.
15.
16.
17.
18.
A.
Developer and/or owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
Developers and /01.' owner shall delineate on the face of the
final plat an Eagle City street light easement, acceptable to
the City Engineer, for the purpose of installing and
maintaining city-owned street light fixtures, conduit and
wiring lying outside the dedicated public right-of-way, prior
to signing of the final plat by the City Engineer.
The Developer and/or owner shall provide utility easements as
required by the public utility providing service prior to
signing of the final plat by the City Engineer.
The developer and/or owner shall comply with the provisions of
the Eagle City Code which specify limitation on time of
filing. A request for time extension, including the
appropriate fee, shall be submitted to the City Clerk for
processing.
The developer shall comply with the provisions of the Eagle
City Code, pertaining to floodplain (and river protection)
regulations prior to submitting the final plat for signature
by the City Engineer.***
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 signing of the final plat by the
Eagle City Engineer.
The developer is to place a note on the face of the plat which
states: "This subdivision is subject to the requirements of
the Uniform building Code (UBC) as regulated the City of
Eagle."
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the proj ect for service, prior to
signing of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
No ditch, pipe or structure for irrigation water or irrigation
waste water shall be obstructed, routed, covered or changed in
any way unless such obstruction rerouting, covering or
changing has first been approved in writing the ditch company
officer in charge. A copy of such written approval by the
ditch company officer shall be filed with the construction
drawing and submitted to the City Clerk prior to signing of
the final plat by the City Engineer.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
The recreation/greenbelt area along the Boise River and/or
parking therefore shall be approved by the Eagle City
Greenbelt Committee prior to approval of the final plat by the
Eagle City Council.***
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
Conservation, recreation and river access easements shall be
approved by the Greenbelt Committee and shall be shown on the
final plat.***
The developer shall obtain approval of the development
relative to the effects of the Boise River Flood Plain from
the Corps of engineers prior to approval of the final plat by
the City Engineer.***
Approval of all well water for domestic use by the Idaho
Department of Water Resources shall be obtained prior to
signing of the plat of phase 1 by the Eagle City Engineer***.
The developer shall obtain approval of the development
relative to its effects on wetlands or other natural waterways
from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to
signing of the final plat by the City Engineer.****
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.****
Basements in
prohibited.******
in
plain
will
be
homes
the
flood
Developer shall comply with all requirements and restrictions
of the Eagle City Code and Eagle Comprehensive Plan, sections
regulating Special Development Subdivisions including, but not
limited to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development, Areas of
Critical Concern and special designated areas recognized to be
historic, environmental, scenic or have architectural
significance. (if applicable)
The City Parks Committee shall review and approve or reject
all landscaping applications required to be submitted for the
development of parks and landscaped areas and planting of
street trees, and shall oversee such development and planting
for the welfare of trees, shrubs and other vegetation to all
entrances to subdivisions.
A developer may either construct improvements before filing of
the final plat or to provide a financial guarantee of
performance by a performance bond in the amount of 110% of the
total estimated cost for completing construction. Financial
guarantee can also be a cash deposit, certified check,
negotiable bond or bank letter of credit.
Adopted by the Eagle City
this --1.L day of January
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Mayor Steve Guerber
Council of the City of Eagle, Idaho
, 1994.
rbara ~~g~ffi~ry
Eagle City ~~:r~
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