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Findings - CC - 1994 - Preliminary Plat - 15.6 Acres/53 Sfd Lots/3 Common Lots CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR) RICKS RIVER RIDGE AN ) APPLICATION FOR A ) SUBDIVISION, ) PRELIMINARY PLAT, ) BY CRAIG VAN ENGELEN ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On December 28, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Craig VanEngelen and Rick Roe, the applicants, came before the Eagle City Council, for the City of Eagle, Idaho, requesting approval for a subdivision preliminary plat, zoning R5 (Residential 5 units per acre) . This subdivision is located at 747 W. State St., The preliminary plat consists of 15.6 acres, 53 single family dwelling lots at a density of 3.4 units per acre and 3 common lots. 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. Those responses are as follows: RESPONSES RECEIVED FROM ENTITIES: MERIDIAN SCHOOL DIST: This planned development will accelerate the need for Joint School Dist. #2 to construct additional classrooms and adjust school attendance boundaries. The District asked for support in a development fee statute on new home construction. If this support is lacking they ask that additional residential development be denied. IDAHO STATE TRANSP: No traffic impact found, if provisions are made to allow for a future left-turn lane. If the city requires the developer to install curb and gutter along State St. will require the face of curb to be located 25 ft. from the centerline of the highway. Developer needs a right of way use permit for curb, gutter, sidewalk and landscaping. CENTRAL DISTRICT HEALTH: after written approval from appropriate entities, can approve this for central sewage, central water. Plans must be submitted to and approved by CDH and DEQ. EAGLE FIRE DEPT: 1. Install address numbers on every building, house or apartment, so as to be clearly visible from the street. Numbers shall be a minimum of 3.5011 high 2. Fire apparatus access roads shall comply w/ Art. 10, Div 11, 1991 UFC 3. Fire Flow requirements for buildings: The minimum fire-flow and flow duration requirements for one and two family dwellings having a fire area which does not exceed 3,600 sq. ft. shall be 1,000 gal per minute. Fire flow and flow duration for dwellings having a fire area in excess of 3,600 sq. ft. shall not be less than that specified in Table No. A-111-A-1. A reduction in required fire flow of 50%, as approved by the chief, is allowed when the building is provided with an approved automatic sprinkler system. EAGLE WATER CO: Eagle Water Company will provide water service to this subdivision under its rules and regulations as provided for by the Idaho PUC. EAGLE SEWER DIST: 10/27/93: This is within the District Planning Area, but is not annexed. Annexation will need to take place before any connection to sewer lines. CITY ENGINEER: 10/26/93: 1. ACHD should specifically address the issue of one access to State St. 2. The meandering sidewalk on State St. should be concrete 3. The developer should comply with City policy regarding street lights and trees along State St. 4. The developer should submit a letter from ITD stating that "alignment of the Ballantyne Canal has been approved by ITD. 5. The developer shall submit a letter from ITD stating their approval of the final plat with regards to the geometries where the plat abuts the Alternate Route. 6. The developer shall receive approval from the City regarding the landscaping treatment of safety issues of the canal where it passes through the subdivision. ACHD: 1. A parcel at the W is landlocked. Staff recommends that a stub street be provided to this parcel. An acceptable alternative would be to move the cul de sac to the property line and provide a 50 ft. wide stub of right of way from the W side of the cul de sac so that a street could be extended into the parcel in the future.. 2. The street should be stubbed to the E neighborhood connection. (Bosanka) for inter 3. Compliance with ACHD and ITD requirements for roadways. 2. On December 28, 1993, a public hearing was conducted by the Eagle City Council. Testimony was presented by neighborhood property owners. There was opposing testimony from Helen House regarding the safety of the children in the neighborhood with the new alternate route in at the southern border of this subdivision. 3. Written responses were received by the following: Wes Owen: Has a concern about safety and wants reduced speed limits. René Rees: traffic congestion, added burden to schools, fire and police protection. Development needs to be contained. Gary and Lorrie Alvis-objects to development along Taylor Street because of the traffic at the intersection of Eagle Rd and State St. L.J. and Lois Pearman: Traffic congestion along with impact on water, sewer, fire and schools. 4. Rick Roe and Craig VanEngelen outlined the proj ect to the Council. The property will be fenced with a 6 ft. cedar fence. There will be berms and curbs, gutters and meandering sidewalks at the State St. side, including park benches. The pathways will be paved with black top or concrete. The sidewalks on the State St. side will be concrete. 5. The Eagle Planning and zoning Commission met on October 4, 1993, and recommended a common lot be included in a location on the plat other than adjacent to State St. as the plan indicates now. Their was concern of the material change in the plat due to the street design, and no pathways are included the subdivision. The Commission instructed the developer to submit a revised plat to the Commission after appropriate notice and procedures have observed. The matter was continued until November 15, 1993 6. The Eagle Planning and Zoning Commission met again on November 15, 1993 and recommended approval of the revised preliminary plat complete with pathways, berms and common lots at the southern boundary of the subdivision with the following conditions: 1. the sidewalks will be meandering and meet specifications of the downtown development curbs, gutters, street lights and trees a pressurized irrigation system w/filters Eagle's standard subdivision conditions of the City Engineers conditions as well. the standards with 2. 3. approval and 7. The Planning staff recommended the following: A. A pressurized irrigation system should be required if water rights are available. B. Additional notes need to be included in plat: Uniform Building Codes C. Common lots need to be defined on notes 8. 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 extend 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 adjoining 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 require on both sides of the street; except, that where the average width of lots as measured at the street frontage line or at the building setback line, is over 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 as 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 Subdivision preliminary plat is consistent with the intent and purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and Eagle City Codes, specifically IC 50-222, 67-6525, 67-6509, City Code 1-10-2, and Title 8-2-1 establishing zoning districts. 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. The proposed development is appropriate and follows the orderly development of the City and protects the health, safety and welfare of the new 1993 comprehensive plan. 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 promote public welfare, safety and harmonious development, and provides central water and sewer service to the area. (9-4-1.9) Granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code or Eagle Comprehensive Plan, with the conditions set forth by the Eagle City Council. Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle City Council approves the application for a subdivision preliminary plat be approved subject to the following conditions: 1. The City of Eagle Standard Subdivision Conditions of Approval (Exhibit A) and the recommendations of the City Engineer 3. Installation of meandering sidewalks, street lights, curbs, gutters, sidewalks, trees and irrigation designed to the downtown street standards A buffer on the south side of the subdivision as a barrier to the alternate route, noise, etc. Installation of a pressurized irrigation system 2. 4. These conclusions shall not be construed as endorsing the precise location and nature of proposed uses or engineering feasibility. A final development plan and subdivision plat must be submitted by the applicant to the Council proving conformance with the conditions established herein and providing such additional information as is required under Sections 9-2-4 of the Eagle City Code. ADOPTED by the Eagle City Council of the City of Eagle, Idaho this 11 day of January, 1994. ". ~f70VED n l. , "-' Î\ \ ) ; I - ' MAYOR STEVE GUERBER EXHIBIT A CITY OF EAGLE STANDARD CONDITIONS FOR SUBDIVISION APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada County Highway District and the State of Idaho Transportation Dept., 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. A letter from ITD addressing the alignment of the Ballantyne Canal and approval by ITD regarding such alignment and approval of the final plat with regards to the geometrics where the plat abuts the Alternate Route. 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 Health 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 wi th 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 ... ~ -- -. _H_" u_--~ -~ - --- .------ ~-_____~n -~ -, ----- . ~U- Central District Heäl tn--Deþt--.-;---CerEificate öf 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 8. B. The subdivider has provided for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. 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. 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, 10. 11. 12. 13. 14. 15. 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 dity ~ngine~i.' - .. .- 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". 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 lor 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. A. 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 16. 17. 18. 19. 20. 21. 22. 23. 24. 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 project 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. 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.**** 25. 26. 27. 28. 29. 30. All homes being constructed with individual septic systems must have the septic systems placed on the street side of the home.**** Basements in prohibited.****** the be flood plain homes in will 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. The developer will be required to receive approval from the Committee regarding the landscaping treatment and safety issues of the canal where it passes through the subdivision. 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. Street improvements on State St. and/or Eagle Rd will be required as outlined in ECC (8-3-6). Sidewalks should be concrete. ****those developments in the flood plain, greenbelt or Boise River area * Those underlined notes are in addition to the standard conditions of approval.