Findings - CC - 1994 - rezone from a to AR/Preliminary Plat - Scotts' Glen Subdivision Rezone/Pp
CITY OF EAGLE
IN THE MATTER OF )
SCOTTS' GLEN SUBDIVISION)
AN APPLICATION FOR)
A REZONE AND A )
SUBDIVISION )
PRELIMINARY PLAT)
BY BARRY PETERS)
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On May 24, 1994, Pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Barry Peters,
the applicant, came before the Eagle City Council, for the City of
Eagle, Idaho, requesting approval for a rezone from A
(Agricultural) to AR (Agricultural-Residential) and a subdivision
preliminary plat. This property consists of 28.12 acres, 4 lots,
4 to 5 acres set aside for a pond to be located in the center of
the Subdivision. An average of 7.2 acres per lot. The development
is surrounded by Agricultural land and located on Eagle Island.
The Sewer/Septic System proposed is a evapotranspiration system
which has been accepted, with monitoring, by Central District
Health.
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 18, 1994, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was presented by
neighborhood property owners. There was opposing testimony and
concern was expressed regarding a subdivision using Mace Road, a
sub- standard road and private road. There was also concern
regarding the establishment of a subdivision in a floodplain-
floodway location. Added concern was for the wildlife in the area.
The Commission recommends to the Council the application for a
zoning and a subdivision preliminary plat be approved subject to
the following conditions:
1.
2.
3.
The standard subdivision conditions of approval
requiring a specific access easement for lot #3
ACHD requirements including posting of a bond
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:
RESPONSES RECEIVED FROM
ENTITIES:
DRAINAGE DIST #2:
reasons:
Objects to this proposal for the following
1.
no vicinity map was presented to the District showing the area
surrounding the proposed subdivision and drainage ditch
no maps were submitted showing the 100' exclusive drainage
easement---
no drainage plans showing manner of drainage
the owner must execute an Agreement with the District granting
them the right and license to encroach and drain in the
District's exclusive drainage easement
the applicant or owners of the proposed subdivision must pay
all the costs and attorney's fees.
2.
3.
4.
5.
MERIDIAN SCHOOL DISTRICT: The Dist. can predict when completed,
this subdivision will house 2 elementary aged children, 1 middle
school aged child and 1 senior high aged student. At the present
time Eagle Elementary is 113% at capacity, Meridian Middle School
is at 126% capacity and Centennial HS is at 113% of capacity. The
District is not opposed to growth, but this development will cause
increased overcrowding in all 3 schools. Before the District could
support this subdivision, they would need land dedicated to the
district or made available at a minimum price for a school site,
with water and sewer capacity. Another bond would need to pass for
construction of schools. The cost per student for newly constructed
schools, excluding site purchase price and off site improvements,
exceeds $5,000 per elementary student and $10,000 per middle or
high school student. The District asks for your help in dealing
with the impact of growth on schools.
DEPARTMENT OF WATER RESOURCES: This office administers the Stream
Protection Act. This Act requires that before any activity can
take place below the ordinary high water mark of a perennial
stream, a Stream Channel Alteration permit must be obtained from
this Dept. The applicant should be aware the applications are
required to be submitted 60 days before the work is scheduled. The
Dept. is available to review preliminary plans.
ACHD:
SEE ATTACHED LETTER DATED 2/18/94
CENTRAL DISTRICT HEALTH:
individual sewage disposal,
1. we will require more data concerning the depth of the high
seasonal ground water.
2. a complete engineering report will be required including
Floodway, Floodplain, designations, fill areas defined and other
pertinent information
3. stormwater management shall be reviewed by IDWR. Documentation
shall be provided that demonstrates ground water quality
degradation will not occur.
Before
we
can
comment
concerning
4. attachments from CDH on findings and conditions.
attention to #15.
Note special
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-arounds.
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.
Recommendations on subdivisions with lesser density (2 acres or
more per house) may be
a. ponds and frost free draft hydrants,
b. underground storage tanks fed by larger home domestic wells
c. fire truck connectors on irrigation systems.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-111-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
EAGLE SEWER DIST: This subdivision is within the Districts
Planning Area, but not annexed. There are no sewer lines in the
area to serve. At the District's January 10, 1994 meeting, our
office gave concept approval to a proposed sewer line to pass
through, or be near this property. The owners of the proj ect
negotiated with CDH to allow them an experimental
"Evapotranspiration Septic system". Enclosed is the correspondence
regarding this system.
DRAINAGE DIST. #2:
objections.
There is no impact on the Drainage District, no
Ada County Engineer:
This is not an acceptable name
DEPT OF WATER RESOURCES: (Fred Eisenbarth) The developer must prove
there is no effect of the encroachment or building. There must be
some type of modeling to designate the floodway, i.e. FEMA map
(Corp of Eng HEC 2 computer model). It would be the recommendation
of FEMA not to allow building in the Floodway. The only way to
build in the floodway is to re-channel, it is not possible to have
no effect on floodway when building structures in it. (via phone)
4/20/94
The Staff Report recommendations were as follows:
The developer
must prove there is no effect of the encroachment or building.
There must be some type of modeling to designate the floodway, i.e.
FEMA map (Corp of Eng HEC 2 computer model). It would be the
recommendation of FEMA not to allow building in the Floodway. The
only way to build in the floodway is to re- channel, it is not
possible to have no effect on floodway when structures are built in
it. (Fred Eisenbarth, Department of Water Resources) information
obtained by phone 4/20/94
Corp of Eng, Lucky Peak Project Office: All engineering studies and
applications must be submitted and approved by the City Engineer.
3. On May 24,1994 Barry Peters, the applicant and Dave Roylance,
Project Engineer addressed the proposed subdivision and rezone to
the Council. Mr. Peters indicated he knew 3 problem areas to be
resolved, the sewer the septic issue, and the Mace Rd upgrade and
the floodplain/floodway. This subdivision is a family oriented
project. The sewer is not affordable or available at this time.
A septic system is acceptable with CDH to use. If the sewer is
available prior to building they will connect to the sewer. The
road is a subgrade road. ACHD approved a plan to improve Mace Road
to backside of Quarter Circle D.J. Ranch to collector road status
and the remainder of the road to be brought up to rural road status
to the State Park. The funding would be accomplished by a trust
fund assessments and impact fees. Half of the property (the
westerly part) is in the floodway. Mitigation steps must be taken
to prevent pushing floodwaters on neighboring properties.
3. 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 zoning and preliminary plat:
ZONING DISTRICTS
8-2-1: Districts established
A-R Agricultural-Residential Districts: To provide for
the transition of agricultural land no longer used for
extensive agricultural purposes into residential areas,
while preserving agricultural uses compatible with
residential development. Gross density will not exceed
one single family dwelling unit per five (5) acres.
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
of permit
5. Occupancy
City of Eagle 2010 Transportation Plan:
A.
Expansion of the roadway system by adding new or additional
streets or by modifying existing streets and roads. They
include:
--Extension of Cloverdale Road north of Chinden Boulevard to
cross both channels of the Boise River and connect with State
Street (Highway 44) at or near the new Highway 55 alignment or
Edgewood Lane;
--Widening of Floating Feather Road to four or five lanes from
Eagle Road east to the new Highway 55 alignment;
--Adding a new road westerly from Eagle Road beginning at a
point opposite the proposed Willow Wood Drive entrance to the
Island Woods subdivision to serve existing and new development
west of Eagle Road and allow vacation of the existing
substandard Mace Road;
EAGLE COMPREHENSIVE PLAN
SPECIAL AREAS & SITES:
Boise River Floodplain: designated as a Special Area due to its
ecological and scenic significance.- - - -
Eagle Island State Park: designated as a Special Area due to
ecological and scenic significance. This Park is a state park and
is therefore under the jurisdiction of state authorities.
Policies & Goals:
1. To promote the conservation and efficient management of all
Special Areas & Sites - - - -
2. To protect and maintain soil, water, air, and other natural
resources - - - -
3. not applicable
4. To preserve existing trees and natural growth wherever
practicable - - - - .
5. To encourage the provision of habitat areas - - - -
6. To protect historical and geological sites or monuments
7. not applicable
8. To require developers to prepare and submit an environmental
assessment and any such additional reports as the City may require
- - - -
Transportation: to identify two new collector roadways. The first
is planned west of Eagle Rd, south of Mace Rd, and opposite the
collector road in Island Woods Subdivision (E. Island Wood Dr.)
This roadway will loop back into Eagle Road. The second new
collector roadway is planned east of Eagle Rd. and will consist of
the current E. Island Wood Dr. within Island Woods Subdivision and
is planned to tie in with Chinden Blvd. to the south.
LAND USE:
Areas identified on the Land Use Plan to have special significance
to the City and which warrant analysis and consideration related to
conservation and preservation. Such special areas may be
designated because of their recognized historic, environmental,
scenic, or architectural significance.
Residential uses- l. 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.
Low Density Residential: 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.
Land use designation map:
dwelling units per acre.
Low Density Residential, 2 or fewer
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.
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.
TITLE 9-SUBDIVISIONS
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan.
With
respect
to
the
review
of
the
preliminary
plat:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the public
health, safety and general welfare, and to provide for:
A. The harmonious development of the City and its
area of impact;
B. The coordination of streets and roads within a
subdivision with other existing or planned streets and
roads;
C. Adequate open space for travel, light air and
recreation;
D. Adequate transportation, water drainage and sanitary
facilities;
E. The avoidance of the scattered subdivision of land
that would result in either of the following:
1. The lack of water supply sewer service.
drainage. transportation or other public services;
or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of such
services; or
F. The requirements as to the extent and the manner in
which:
1. roads shall be created, improved and maintained;
and
2. water and sewer and other utility mains, piping
connection, or other facilities shall be installed
G. The manner and form of making and filing of any plats;
and
H. The administration of these regulations by defining
the powers and duties of approving authorities.
9-2-3:
Preliminary Plat Procedures
9-2-4:
Final Plat Procedures
9-3-1:
Design standards
A. Street location and arrangements: When an official
street plan or comprehensive development plan has been
adopted, subdivision streets shall conform to such plans
B. Minor Streets: Minor streets shall be so arranged as
to discourage their use by through traffic
C. Stub Streets: Where 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 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 location designated, by the Administrator, or
representative----.
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:
9-4-1-12:
9-4-2-2:
UNDERGROUND UTILITIES:
are required
Greenbelt Areas¡ landscaping screening
Guarantee of improvements
a. Performance bond
b. Cash deposit"
9-5-3-2: All development proposals shall take into account and
shall be judged by the way in which land use planning, soil
mechanics, engineering geology, hydrology, civil engineering,
environmental and civil design, - - - -
9-5-4-4: Control during development, time limit
9-5-8: Designation of Areas of Critical Concern: Hazardous or
unique areas may be designated as an area of critical concern by
the City Councilor by the State of Idaho. Special consideration
shall be given to any proposed development within an area of
critical concern to assure that the development is necessary and
desirable and in the public interest in view of the existing unique
conditions. - - - -
B. It is the purpose of this Title to promote the public
health, safety and general welfare, and to minimize public and
private losses due to flood conditions in specific areas by
provisions designed;
1. To protect human life and health;
2. To minimize expenditure of public money for costly
flood control projects;
To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken at
the expense of the general public;
To minimize prolonged business interruptions;
To minimize damage to public facilities and
utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges
located in areas of special flood hazard; and
To help maintain a stable tax base by providing for
the sound use and development of areas of special
flood hazard so as to minimize future flood blight
areas; and
To ensure that potential buyers are notified that
property is in an area of special flood hazard; and
To ensure that those who occupy the areas of special
flood hazard assume responsibility for their
TITLE 10:
10-1-1:
3.
4.
5.
6.
7.
8.
FLOOD PLAIN
FINDINGS OF FACT AND PURPOSE:
actions.
(Ord. 115, 5-12-87)
10-1-2: METHODS OF ACCOMPLISHING PURPOSE: In order to accomplish
its purposes, this Chapter includes methods and provisions for:
A.
B.
C.
D.
10-1-6:
10-1-7:
A.
B.
C.
D.
E.
F.
10-1-8-3:
A.
10-1-8-4:
E.
Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion
hazards, or which result in damaging increases in erosion
or in flood heights or velocities;
Requiring that uses vulnerable to flood, including
facilities which serve such uses, be protected against
flood damage at the time of initial construction;
Controlling the alteration of natural floodplains, stream
channels and natural protective barriers which help
accommodate or channel flood waters;
Controlling filling, grading, dredging and other
development which may increase flood damage; and
Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters or
which may increase flood hazards in other areas.
FLOOD INSURANCE STUDY:
DEVELOPMENT PERMIT REQUIREMENTS:
Permits Required:
Application for Permit:
Review:
Notice To Applicant:
Appeals:
Expiration and Revocation of
Development Permit:
WATER AND SEWER SYSTEMS:
B.
All new and replacement water supply systems and sanitary
sewage systems shall be designed to minimize or eliminate
infiltration of flood waters into the systems; and
discharge from the systems into flood waters.
On-site waste disposal systems shall be located to avoid
impairment of them or contamination from them during
flooding; and
All sewer and water systems shall be approved by District
Health Department of the Idaho Department of Health and
Welfare.
C.
SUBDIVISIONS:
A.
All subdivision proposals shall be consistent with the
need to minimize flood damage;
All subdivision proposals shall have public utilities and
facilities such as sewer, gas electrical and water
systems located and constructed to minimize flood damage;
All subdivision proposals shall have adequate drainage
provided to reduce exposure to flood damage; and
B.
C.
Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which contain at least fifty (50) lots or five (5) acres,
whichever is less.
D.
10-1- 8-5: SPECIFIC STANDARDS: In all cases of special flood
hazards where base flood elevation data has been provided as set
forth in Section 10-1-6 of this Chapter, the provisions of this
Section shall be required:
Residential Construction: New construction and
substantial improvement of any residential structure
shall have the lowest floor, including basement, elevated
to a minimum of one foot (1') above the elevation of the
one hundred (100) year flood level.
A.
Fully enclosed areas below the lowest floor that are
subject to flooding are prohibited, or shall be designed
to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must
either be certified by a registered professional engineer
or architect or must meet or exceed the following minimum
criteria:
2.
1.
A minimum of two (2) openings having a total net
area of not less than one square inch for every
square foot of enclosed area subject to flooding
shall be provided.
The bottom of all openings shall be no higher than
one foot (1') above grade.
Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit
the automatic entry and exit of floodwaters.
3.
Nonresidential Construction: New construction and
substantial improvement of any commercial, industrial or
other nonresidential structure shall either have the
lowest floor, including basement, elevated to the level
of the base flood elevation; or, together with attendant
utility and sanitary facilities, shall:
B.
1.
Be floodproofed so that below the base flood level
the structure is watertight with walls substantially
impermeable to the passage of water;
Have structural components capable of resisting
hydrostatic and hydrodynamic loads and effects of
buoyancy; and
Be certified by a registered professional engineer
or architect that the design and methods of
construction are in accordance with accepted
standards of practice for meeting provisions of this
subsection based on their development and/or shall
be provided to the official as set forth in
2.
3.
4.
s.
subsection lO-1-9B3b of this Chapter.
Nonresidential structures that are elevated, not
floodproofed, must meet the same standards for space
below the lowest floor as described in subsection
IO-I-8-5A.
Applicants floodproofing nonresidential buildings
shall be notified that flood insurance premiums will
be based on rates that are one foot (1') below the
floodproofed level (e.g. a building constructed to
the base flood level will be rated as one foot (1')
below that level).
C.
Manufactured Homes:
Floodways: Located within areas of special flood hazard
established in Section 10-1-6 of this Chapter, are areas
designated as floodways. Since the floodway is an
extremely hazardous area due to the velocity of flood
waters which carry debris, potential projectile and
erosion potential, the following provisions apply:
D.
1.
Encroachments, including fill, new construction,
substantial improvements and other development,
unless certification by a registered professional
engineer or architect is provided demonstrating that
encroachments shall not result in any increase in
flood levels during the occurrence of the base flood
discharge, is prohibited.
If paragraph 1 above is satisfied, all new
construction and substantial improvements shall
comply with all applicable flood hazard reduction
provisions of this Section 10-1-8.
The placement of any mobile homes, except in an
existing mobile home park or existing mobile home
subdivision, is prohibited. (Ord. 12-14-82)
2.
3.
CONCLUSION
The City Council concludes that the application for zoning from (A)
Agricultural to AR (Agricultural-Residential), and preliminary
Rubdivision plat as presented is not consistent with the intent and
purpose of the Eagle Comprehensive Plan, specifically the section
Oil Community Design (4), Floodways shall be reserved as a natural
At.ate such as a greenbelt, wildlife habitat, open space,
recreational area and for agricultural uses, and Eagle City Code,
including conformance with the Comprehensive Plan pursuant to Eagle
City Code, Section 9-2-3.D.a. 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, 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 purpose of the Comprehensive Plan
is to promote the health, safety and general welfare of the people
of the community. This development will not provide for harmonious
development.
There is also adequate evidence showing that this subdivision
development, at the proposed location, does not satisfy the general
standards for approval of a subdivision set forth in Eagle City
Code Section 9-1-3, the general subdivision provisions for the
. development of land commensurate with the physical characteristics
of the land. The application does violate the interests and
purposes of the Eagle City Code and Eagle Comprehensive Plan.
Council finds that the Eagle Planning and Zoning recommendations
requiring a specific access easement for lot #3 and ACHD
rp1uirements including bonding are valid and any future development
application will be considered with those conditions. The Council
is sensitive to the concerns of the Dept. of Water Resources
regarding the floodway and water protection rights.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council denies the application as
presented on May 24, 1994.
DATED this
28
day of
June
, 1994
MAYOR STEVE GUERBER
APnved , n D \,
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