Findings - CC - 1994 - annexation/zoningR4/subd PP - 7.66 Acres 24 Lots And 4 Common Lots
2.
CITY OF EAGLE
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IN THE MATTER OF
BERKSHIRE ACRES SUB
AN APPLICATION FOR
ANNEXATION, ZONING
A SUBDIVISION,
PRELIMINARY PLAT,
BY MIKE GULFF
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On May 10, 1994, Pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Pat Tealey, Project
Surveyor for the applicant, Mike Gulff, came before the Eagle City
Council, for the City of Eagle, Idaho, requesting approval for
annexation, zoning of (R4) and a subdivision preliminary plat.
This subdivision is located on the S side of Floating Feather Rd,
approx 2000 ft. W of the intersection of Floating Feather Rd and
W.of Highway 55.
The subdivision consists of 7.66 acres, will retain one older
single swelling with a detached garage. The proposal is for a
total of 24 building lots and 4 common area lots. The total common
area lots is 10% The density is 3.01 dwelling units per acre.
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 April 4, 1994, a public hearing was conducted by the Eagle
Planning and Zoning Commission. Favorable testimony was
presented by neighborhood property owners. The Commission
denied the application as presented based on the project not
being consistent with the intent and purpose of the Eagle
Comprehensive Plan and City Codes. Further, does not provide
harmonious development and creates undue concentration and
overpopulation of the land.
1.
On May 10, 1994, a public hearing was conducted by the
Eagle City Council. There was no public testimony offered by
the public in opposition. Favorable testimony was received.
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
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entities.
Those responses are as follows:
RESPONSES RECEIVED FROM
ENTITIES:
BOISE SCHOOL DISTRICT: New students from this subdivision may be
bused to other schools with room if enrollment is closed at Cynthia
Mann and Hillside. We will need help in the future to pass a bond
for the school buildings to house this and future subdivisions in
the area.
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 3.50" high in accordance with Fire
codes.
2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-around's.
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.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-I11-A-1¡ 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
EAGLE WATER CO: will provide water service to this subdivision
under its rules and regulations as provided for by the IPUC.
EAGLE SEWER DIST: is within the District Planning Area, but is not
annexed. There has been no formal application for annexation.
This property should be served by an extension of the line
constructed to Hi Valley RV Park. The developer of Berkshire would
be responsible for extending the line N to reach the property and
for all easements.
3.
The Staff Report includes the following comments:
A. Although the Eagle Water Co. intends to serve this
subdivision, but this appears to be outside Eagle Water
Company's certified area. By what well source will the
company provide water to this subdivision?
B. The City has not received a reply from ACHD. A transmittal
was submitted, followed up with a call. There is a question
on how the entrance to this subdivision lines up with
Lexington. Also one or more of the cuI de sac's to the west
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should be a stub street to accommodate the land to the west.
C. Is N. Parkinson Street named so that it eventually meets N.
Parkinson St. in Randall Acres to the South?
D. There are no common areas or pathways in this subdivision.
Although the narrative speaks to it staff finds little
entrance way landscaping possible with this design.
4. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all portions 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:
1-10-2:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided 0 platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever he owner or his agent on such
contiguous and adj acent lands shall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the samer by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
ZONING DISTRICTS
8-2-1: Districts established
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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 district
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
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
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
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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 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
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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, 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
EAGLE COMPREHENSIVE PLAN
Purpose and Scope: (a) to protect property rights and enhance
property values, (f) to encourage urban and urban-type
development within the incorporated City limits of Eagle (g)
to avoid undue concentration of population overcrowding of
land, (h) to ensure the development of land is commensurate
with the physical characteristics of the land.
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.
LAND USE DESIGNATION MAP: Medium Density
contains 4 or fewer dwelling units per acre.
Residential:
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COMMUNITY DESIGN: (#7) New residential! commercial, and
industrial development shall be required to meet minimum
design standards as specified by City ordinances.
Housing:
1.
A wide diversity of housing types and choice between
ownership and rental dwelling units shall be encouraged
for all income groups in a variety of locations suitable
for residential development.
The location of all housing shall be coordinated with
provisions for adequate public facilities and services.
Developments of housing for all income groups close to
employment and shopping centers shall be encouraged.
Housing shall be encouraged which is in accordance with
local building codes and provides for energy saving
design.
An open housing market shall be encouraged for all
persons regardless of income, race, age, sex! religion or
ethnic background.
The use of materials and techniques that will maintain a
high level of quality while lowering cost and speeding
construction shall be encouraged.
2.
3.
4.
5.
6.
Parks, Recreation and Open Space: 1. Create ample areas and
facilities for our citizen's diverse indoor and outdoor park
and recreational interest, 2. to encourage development of
parks and recreational programs which meet the different
needs, interest, and age levels of our citizens who reside in
both the rural and urban areas, 3 Set aside for enj oyment
adequate amounts of open space --- 4. Developers shall be
encouraged to dedicate and develop areas for parks or tot lots
in new residential developments.
Transportation: Transportation and land use planning must be
compatible. The City of Eagle is responsible for land use and
transportation planning within the Eagle Impact Area. The
Eagle Planning and Zoning Commission shall coordinate with the
appropriate transportation network planning agency for all
planned development that falls outside the authority of the
City.
The Comprehensive Plan is a policy document intended to be used as
a guide. It should be followed as closely, as reason, justice and
its own general character make it practical and possible. The
Comprehensive Plan is not a precise plan and does not show nor
intend to show the exact outline of use districts. It shows,
rather, the general location, character and extent of land use
patterns.
CONCLUSION
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The Council concludes that the application for annexation, zoning
of R4 (Residential 4 units per acre) and a preliminary subdivision
plat presented is consistent with the intent and purpose of the
Eagle Comprehensive Plan and Eagle City Codes, including
conformance with the Comprehensive Plan pursuant to Eagle City code
Section 9-2-3.a (1). The purpose and scope of the Eagle
Comprehensive Plan specifies that new development shall occur in
such a manner as to encourage urban and urban-type development
within the incorporated City limits of Eagle that is in harmony
with the rural character of the area, and to avoid undue
concentration of population and overcrowding of land, and to ensure
that the development of land is commensurate with the physical
characteristics of the land. The Parks, Recreation and Open Spaces
section of the Eagle Comprehensive Plan also establishes policies
and goals to create ample areas for outdoor activities including
open spaces, parks, and pathways. The purpose of the Comprehensive
Plan is to promote the health, safety and general welfare of the
people of the community. This development provides for harmonious
development.
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 Eagle City
Code Section 9-1-3, the general subdivision provisions, including
the requirement for open space for travel, light, air and
recreation. Granting of the application violates the interests and
purposes of the Eagle City Code and Eagle Comprehensive Plan. The
Council finds that the amenities defined by the Comprehensive Plan
and Eagle City Codes, specifically open/common areas and pathways
are adequate in this development. The proposed development has a
pathway system and a park, thereby creating no undue concentration
or overpopulation of the land in this development.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application for
Berkshire Acres Subdivision, annexation, zoning (R4) and
preliminary subdivision plat based on the foregoing conclusion
subject to the following conditions:
1.
2.
to include pressurized irrigation system
the subdivision is to be included in an authorized water
franchised area
the City of Eagle Standard Conditions of Approval:
3.
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
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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 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
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
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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.
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 an/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
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10.
11.
12.
13.
14.
15.
16.
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".
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/or 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
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17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
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.
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
be
in
homes
the
plain
will
flood
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27.
28.
29.
prohibited.******
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.
****those developments in the flood plain, greenbelt or Boise River
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
24 day of May 1994 .
APPROVED:
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