Findings - CC - 1994 - rezone from A to R4/sud PP - 13.4 Acres/49 Lots2 Lots Park Site
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR)
LA RUE ACRES SUBDIVISION)
AND REZONE FROM A TO R4 )
A PRELIMINARY PLAT)
AN APPLICATION BY }
CHUCK WATTS
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On January 25, 1994, pursuant to public notice and hearing
procedures set forth in Idaho State Code, 67-6509, and Eagle City
Code, Title 8 and 9, Chuck Watts, the applicant, came before the
Eagle City Council, in the City of Eagle, Idaho, requesting
approval for rezoning of property from A (Agricultural) to R4,
(Residential 4 units per acre) and a subdivision preliminary plat.
The subdivision consists of 13.4 acres, 49 single family dwelling
lots at 3.7 units per acre and 2 lots dedicated to park sites.
A presentation by the Project Engineer outlined the project to the
Council, including a proposal that Idaho Street would continue east
at the request of P&Z. The pathway easement on the drainage ditch
will include a walkway and be landscaped. The park will be
maintained by the homeowners association. palmet to will be
extended to State St.
This subdivision is located east of Palmetto Ave. at Amanita St.
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 12/20/93: EAGLE PLANNING AND ZONING recommended approval
of the rezone to R4 and preliminary plat based on compliance
with the 1993 Eagle Comprehensive Plan with the following
conditions:
. Palmetto Ave is to be built out to State Street by the
developer
. Installation of a pressurized irrigation system if
feasible
. Create an ACHD approved access to the east of the project
. Compliance with the Eagle Standard Subdivision Conditions
of Approval
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
4.
ACED:
1.
2.
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entities.
Those responses are as follows:
Central District Health: Can approve this subdivision with written
approval from appropriate entities. Plans must be submitted to and
approved by DEQ and CHD. Street runoff is not to create mosquito
Lreeding problems.
Drainage District #2: Objects to the subdivision
inadequate documentation and lack of drainage plans.
based
on
Eagle Fire Dist:
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 3.50" high in accordance with Fire codes.
Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
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 st
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.
The fire-flow for buildings other than one and two family
dwellings shall not be less than that specified in Table No.
A-111-A-1, 1991 UFC.
The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
2.
3.
Standard requirements
Site Specific Requirements:
a. Construct Palmetto Ave. as a collector st. from
Amanita St. to the south boundary of the project
b. Direct lot or parcel access to Palmetto is prohibited
c. Provide a stub street to the east boundary of the
project as an extension of Idaho St.
New Dry Creek Ditch Co., LTD: Addressed liability and water rights
asking for the ability to recover costs of insurance and a corridor
within the development to be used for pressurized irrigation
systems at such time one becomes available.
3. The staff notes included a request that lots 11 and 12
indicated by the developer, be park sites. The park sites should
be designated on the notes of the recorded plat.
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4. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
Page
1: Purpose and Scope
{f} To encourage urban and urban-type development within the
incorporated City limits of Eagle.
{h} To ensure that the development of land is commensurate
with the physical characteristics of the land.
The Land Use Designation Map: Medium Density Residential (4 or
fewer dwelling units per acre). Suitable primarily for single
family residential development within an urbanized setting.
This location in the 1993 Eagle Comprehensive Plan is outside the
"Special Area".
LAND USE: Residential uses- I. The residential densities in the
City limits shall not exceed the land use designations as reflected
on the Land Use Designation Map, adopted with the 1993 Eagle
Comprehensive Plan on May 11, 1993.
COMMUNITY DESIGN: (#4) Floodways shall be reserved as a natural
state such as a greenbelt, wildlife habitat, open space
recreational area and for agricultural uses
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN: Comply with the Eagle Tree Plan
Page 8-9:Transportation
(8) Require new development to provide areas for pedestrian and
bicycle circulation where possible.
(12) Developers of property located adjacent to arterial highways
and State St., should be responsible for providing means for
internal traffic circulation and assuring access to adjacent
properties through the use of such devices as frontage or collector
roads, clustering of development activities, shared access,
setbacks for future rights-of-way, and provisions for turn bays,
turn lanes and curb cuts.
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all districts
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exceeding one dwelling unit per acre.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration
5. Occupancy
of permit
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 extent and the manner in
which:
1. Roads shall be created, improved and maintained;
and
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9-2-3:
9-2-4:
9-3-1:
9-3-7:
9-4-1:
9-4-1-2:
9-4-1-3:
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.
Preliminary Plat Procedures
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.
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.
Required improvements,
STREETS AND ALLEYS: In accordance with the standards and
specs of ACHD
CURBS AND GUTTERS: Vertical curbs and gutters shall be
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9-4-1-4:
9-4-1-5:
9-4-1-6:
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constructed on collector and arterial streets
STREET SIGNS: Street name signs shall be installed in
the appropriate locations at each street intersection in
accordance w/ local standards.
STREET LIGHTS: All street subdividers w/i the City and
area of impact shall be required to install, at the
subdividers' expense, street lights in accordance with
City specifications and standards at locations designated
by the Administrator, or representative----.
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:
9-4-1-8:
9-4-1-12:
9-4-2-2:
BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement as may be specified by
the City Council.
UNDERGROUND UTILITIES:
are required
Greenbelt Areas, landscaping screening
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSIONS
Based upon the foregoing FINDINGS OF FACTS the Eagle City
Council concludes that the application for rezoning of the property
from A (Agricultural) to R4 (Residential 4 units per acre), and a
preliminary plat for La Rue Acres Subdivision is consistent with
the intent and purpose of the Idaho State Code, The 1993 Eagle
Comprehensive Plan and Eagle City Codes.
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
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City Code or Eagle Comprehensive Plan and will promote public
welfare and safety. The development provides for harmonious
development in the City of Eagle, and, will provide adequate water
and sewer services through central services. (9-4-1.9)
There is also adequate evidence showing that the request for a
rezone of the property from A (Agricultural) to R4 (Residential 4
units per acre), at the proposed location, satisfies the general
standards for approval of said rezone as set forth in section 8-2-1
of the Eagle City Code, the zoning District regulations and the
1993 Eagle Comprehensive Plan, The Land Use and Land Use
Designation Map.
The developer agrees to the include in the project the following:
1. Walkways and landscaping acceptable to the Greenbelt/Pathways
Committee and the Landscaping Committee.
2. The requests made by Eagle Planning and Zoning and Eagle City
Council concerning roadways, specifically the road to the east of
the project and the extension of Palmetto, are essential to the
project and will be included in the development plan.
The Eagle City Council approves the application for LaRue Acres
Subdivision preliminary plat and rezone as submitted by Chuck
Watts, the developer subject to the following conditions:
2.
3.
4.
1.
The plat must include an extension of Palmetto Ave. to State
St. with a request for speed dips;
A pressurized irrigation system be installed;
The Eagle Subdivision Standard Conditions;
That the City of Eagle be approached upon completion of the
park for consideration as a public park.
The Eagle Subdivision Standard Conditions are as follows:
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 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.
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,
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
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 lithe
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
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10.
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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.
1. Developer may either construct prior to final
plat ting 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.
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11.
12.
13.
14.
15.
16.
17.
18.
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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".
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.
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
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
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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.****
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
the
flood
plain
will
be
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
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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.
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 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.
The subdivision preliminary plat and zoning and conditions set
forth in these Findings of Fact promote the harmonious development
of land by the residential use of land in this subdivision
consistent with the surrounding area. Furthermore, these conditions
will provide for park sites and pathways, as well as roadways
necessary for the continued growth of Eagle, especially in the area
near this development. The publics' and future homeowners' health
and safety are also protected by these conditions of approval.
This development promotes the use of the land by the requirement of
a pressurized irrigation system.
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
~ day of February, 1994.
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MAYOR STEVE GUERBER
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