Findings - CC - 1994 - Annex/zoning R1/subd Preliminary Plat - Annexation/Zoning R1/Subd Preliminary Plat
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR)
SUGARBERRY SUBDIVISION)
AN APPLICATION FOR)
ANNEXATION, ZONING AND )
A SUBDIVISION, )
PRELIMINARY PLAT, )
BY LOREN SAUNDERS)
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On January 11, 1994, Pursuant to public notice and hearing
procedures set forth in Idaho State Code, Sections 50-222,67-6509,
67-6525 and Eagle City code, Title 8 and 9, the applicant, came
before the Eagle City Council, in the City of Eagle, Idaho,
requesting approval for annexation, zoning of R1 and a preliminary
plat. The annexation, zoning and preliminary plat consists of 73.4
acres, 35 lots ranging from 1.67 acres to over 2 acres. (Northern
lots 2 acres or more as a transition zone between Clearvue and
Sugarberry) . This is a 3 phase project from 1994-96. The
subdivision will be an urban forest-wooded look in order to
accomplish this each acre will be required to provide 10,000 sq ft
(1/4 acre) of wooded area. Lots 9, (3.2 acres), 24 (1 acre) and 26
(2 acres) of Block 1 have existing homes. 3 lots will access off
Meridian Rd.
This annexation and zoning application includes the S.W. parcelThe
SW parcel is part of the annexation and zoning but not part of the
subdivision
This subdivision is located 1/4 to 1/2 M N of Chinden Blvd. on N.
Meridian Rd.
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.
On December 6, 1993 Eagle Planning and Zoning Commission
recommended approval of the annexation, zoning of Rl, and
preliminary plat with the following conditions:
A.
B.
C.
The standard subdivision conditions of approval
Written permission to tile the ditch
Installation of a pressurized irrigation system
The motion includes the annexation the SW corner parcel with a
zoning designation of R1.
1
2.
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:
MERIDIAN FIRE DIST: If this development remains in the Meridian
Fire District they will need to supply a water system of 1000 gpm
for 2 hours per uniform fire code.
IDAHO POWER: Will require a permanent 10 ft wide easement along
all lots adjacent to a road right-of-way dedicated to public or
private use.
CENTRAL DISTRICT HEALTH: Will require a complete engineering report
to be submitted with accurate soils and groundwater data.
MERIDIAN SCHOOL DIST: This planned development will accelerate the
need for Joint School District #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.
EAGLE SEWER DIST: The subdivision is located outside Eagle Sewer's
District Planning Area. There are no sewer lines in the area that
could serve this property. Septic systems need to be placed on the
street side of the home.
ACHD:
12/13/93:
Site specific requirements:
B.
Dedicate 30 ft right of way from the centerline of
Meridian Rd abutting parcel
Provide 30 ft wide pavement roadway section for the
proposed streets
Direct lot or parcel access (except 1,2 and 3) to Meridian
Road is prohibited
A.
C.
SETTLERS IRRIGATION DISTRICT: It is the policy of Settlers
Irrigation District that an irrigation delivery system be installed
in subdivisions which lie w/ i the District. The District will
accept no drainage from residential developments. This policy is
in effect for the following reasons: Settlers is not a Drainage
District, and the District has never exercised any control or
assumed any responsibility for drainage and will not accept
drainage from subdivisions IC 43-305. EPA has new regulations
concerning water quality in municipal areas for populations in
excess of 100,000. At some point in the future, we will be
responsible for the quality of water in the District's canal, there
would be a lack of control should water be discharged from
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residential developments.
3.
On January 11, 1994, a public hearing was conducted by the
Eagle City Council. There was no public testimony offered.
4.
This subdivision will incorporate a pressurized irrigation
system and will tile the ditch.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
s.
1993 EAGLE COMPREHENSIVE PLAN
The Land Use Designation Map: Low Density Residential (2 or fewer
dwelling units per acre). Suitable primarily for single family
residential development within areas that are rural in character,
possess significant physical characteristics, are environmentally
sensitive and are within the Urban Services area.
This location is in the 1993 Eagle Comprehensive Plan and is
outside the "Special Area".
Transportation:
policies and Goals:
S. To require that new developments provide for pedestrian,
equestrian and bicycle circulation in accordance with adopted local
and regional pathway plans.
6. To limit direct access to arterial and collector roadways from
residential lots.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions of
highways lying wholly or partially within the annexed area.
67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6509: NOTICE PROCEDURES
EAGLE CITY CODE:
TITLE 8-Z0NING
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
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8/93
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 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
defining the powers and
authorities.
these regulations by
duties of approving
9-2-3:
Preliminary Plat Procedures
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9-2-4:
9-3-1:
Final Plat Procedures
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.
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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 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
Based upon the foregoing FINDINGS OF FACTS, the Eagle City
Council concludes that the application for annexation, zoning
(R1) and a subdivision preliminary plat, including the SW
parcel, is consistent with the intent and purpose of the Idaho
State Code, the 1993 Eagle Comprehensive Plan and Eagle City
Codes. The annexation and zoning of this subdivision and SW
parcel 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 and the General Subdivision
Provisions. The development, if the conditions attached are
met, will not violate the Idaho State Code, nor nullify the
interests or purpose of the Eagle City Code or 1993
Comprehensive Plan, and will promote public welfare and
safety.
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The development provides for harmonious development in the
City of Eagle, and, will provide adequate water and sewer
services through individual wells, and an approved septic
system. (9-4-1.9)
The Eagle City Council approves the application for Sugarberry
annexation, zoning R1 and preliminary plat. Further the City
Council approves the annexation and zoning of R1 for the SW parcel
not included in the subdivision.
Approval granted to the subdivision is subject to the following
conditions:
1.
2.
3.
4.
s.
The City of Eagle Standard Conditions of Approval
Incorporation of a pressurized irrigation system approved by
the City Engineer
Granting of a variance to ECC 9-4-1-6 and 9-4-1-3 in order to
provide for a pathway included at the side of the street
instead of sidewalks, curbs and gutters
To provide for street lights incorporated in the subdivision,
approved by the City Engineer
To annex into the Eagle Fire District
The Standard Subdivision Conditions are as follows:
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
10-93
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District including approval of the drainage
plan, requirements for installing of rural streets including
6 ft of pathway added to the streets 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 SO, 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)
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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.
s.
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.
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.
6.
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
other like satisfactory underground conduit to permit the
delivery of water to those landowners within the
subdivision who are also within the irrigation entity.
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10.
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".
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11.
12.
13.
14.
15.
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 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.
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.
16.
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."
17.
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)
18.
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
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
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.****
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.
Basements in
prohibited.******
homes
in
flood
will
be
the
plain
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.
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29.
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.
****those developments in the flood plain, greenbelt or Boise River
area
This conclusion 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 Eagle City Council proving conformance with
the conditions established herein and providing such additional
information as is required under Sections 8-6-6-3 and 9-2-4 of the
Eagle City Code.
ADOPTED by the Eagle City Council of
~taY o~~ January, 1994.
èl~: ~~, rk
MAYOR STEVE GUERBER
Idaho this
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