Findings - PZ - 1994 - Rezone/A to R2/subd preliminary plat - Vanengelen Estates Rezone From A To R2
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
VAN ENGELEN ESTATES
AN APPLICATION FOR
A REZONE AND
A SUBDIVISION,
PRELIMINARY PLAT,
BY RICK ROE AND
CRAIG VAN ENGELEN
FINDINGS OF FACTS
~D
CONCLUSIONS OF LAW
On March 21,1994, Pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Rick Roe and Craig
Van Engelen the applicants, came before the Eagle Planning and
zoning Commission, for the City of Eagle, Idaho, requesting
approval for a rezone from A (Agricultural) to R2 (Residential 2
units per acre.
This subdivision is located north of SH 44, west State St.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Planning and Zoning Commission finds
the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1. On March 21, 1994, a public hearing was conducted by the
Eagle Planning and zoning Commission. Testimony was presented by
neighborhood property owners. There was opposing testimony
disclosed regarding fences, water, and irrigation problems the
development might generate.
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:
EAGLE WATER CO: Will provide water under its rules and regulations
as provided for by the Idaho Public Utilities Commission.
EAGLE SEWER DIST.
ACHD:
1. Site specific requirements: that the proposed sub street at
the east end of Yukon St. be relocated to the east end of
Yellowstone Court in order to prevent a straight-away across this
1
project when the parcels to either side are developed; to comply
with requirements of ITD for State Highway 44 frontage.
2. Standard requirements
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 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-ll1-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-l-, 1991 UFC
MERIDIAN SCHOOL DIST: This subdivision includes 52 homes at a
price range from $150,000. The District can predict that when
complete this will house 21 elementary aged children, 17 middle
school aged children and 14 senior high aged students. At the
present time Eagle Elementary is 113% at capacity, Meridian Middle
School is at 126% capacity and Centennial HS is at 113% of
capaci ty. 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 offsite 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.
CENTRAL DISTRICT HEALTH: can approve this for central sewage and
water following plan submittal and approval by CDH and DEQ. Street
2
runoff is not to create a mosquito breeding problem. Stormwater
management shall not degrade water quality. IDWR shall review the
design. Documentation shall be provided that demonstrates this.
3. The subdivision consists of 25.76 Acres, 52 lots, 2 units per
acre, 7 lots as common areas. The development includes landscaped
pathways. This development will incorporate a pressurized
irrigation system;
4. 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
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
EAGLE COMPREHENSIVE PLAN
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
ComprehensivePlðn On May 11, 1993.
LAND USE DESIGNATION MAP:
dwelling units per acre.
Low density residential.
2 or fewer
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
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COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
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,
drainaqe, 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
these regulations by
duties of approving
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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
q-4-1-4: STREET SIGNS: Street name signs shall be installed in
I he appropriate locations at each street intersection in accordance
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w/ local standards.
---- --- - ---- ---- ------
9-4-1-5: STREET LIGHTS: All street
area of impact shall be required to
pxpense, street lights in accordance
~tandards at location designated
~epresentative----.
subdividers w/i the City and
install, at the subdividers'
with City specifications and
by the Administrator, or
9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be
require on both sides of the street; except, that where the average
width of lots as measured at the street frontage line or at the
building setback line, is over 100', sidewalks on only one side of
the street may be allowed.
PEDESTRIAN WALKWAYS: when required, shall have easements at least
10' in width and include a paved walk at least 5' in width.
9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement as may be specified by the City
Council.
9-4-1-8:
UNDERGROUND UTILITIES:
are required
9-4-1-12:
Greenbelt Areas, landscaping screening
9-4-2-2:
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
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 is outside
the "Special Area".
Transportation:
Policies and Goals:
5. 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.
CONCLUSION
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The Commission concludes that the application for zoning (R2), for
Van Engelen Estates Subdivision is consistent with the intent and
purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and
Eagle City Codes, specifically, City Code 8-2-1 establishing zoning
districts. The zoning designation is in accordance with the Eagle
Comprehensive Plan and serves the welfare of the general public,
and is in the public interest.
The proposed development is appropriate and follows the orderly
development of the City and protects the health, safety and welfare
of the new 1993 comprehensive plan.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
Rtandards for approval of a subdivision set forth in Section 9-1-3
n( the Eagle City Code, the general subdivision provisions. The
dpvelopment, if the conditions attached are met, will promote
~111blic welfare, safety and the Subdivision provides for harmonious
development. And, will provide adequate water and sewer services
through individual wells, and an approved septic system. (9-4-1.9)
Granting of the application will not violate the Idaho Code nor
nullify the interests or purposes of the Eagle City Code or Eagle
Comprehensive Plan, with the conditions recommended by the Eagle
Planning and Zoning Commission
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application for a zoning (R2) and a
subdivision preliminary plat be approved subject to the
following conditions:
1.
2.
The standard subdivision conditions of approval
The requirement that 2 contiguous lots be developed as
park sites, owned and maintained by the home owners
association.
This recommendation shall not be construed as endorsihg 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 Commission and 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 Standard subdivision Conditions are as follows:
CITY OF EAGLE
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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.
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 SO, 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.
h.
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
8
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the final plat by the City Engineer.
Eagle Fire Department shall check off and approve all fire
hydrant locations, Minimum flow per hydrant shall be 1000
gallons per minute for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7.
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
concerning
A. The water rights appurtenant to the lands in said
subdivision which are within the irrigation entity will
be transferred from said lands by the owner thereof; or
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 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 fac ili ties,
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
9
In.
11.
12.
13.
14.
of the final plat---_is required,-- _providing
maintenance and access easements.
mutual
for
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".
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.***
1 'i .
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
10
If).
17.
18.
19.
20.
21.
Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to signing of the final plat hy the
Eagle City Engineer.
The developer is to place a note on the face 9f the plat which
states: "This subdivision is subject to the requirements of
the Uniform building Code (UBC) as regulated the City of
Eagle. "
Wet line sewers are required and the developer shall furnish
the City Engineer with a letter from the sewer entity serving
the property, accepting the project for service, prior to
signing of the final plat by the City Engineer (B.e.e. 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.***
22.
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.***
23.
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***.
24.
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.****
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25.
26.
27.
/. R .
29.
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
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.
30.
Street improvements on State St. and/or Eaqle Rd will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
****those developments in the flood plain, greenbelt or Boise River
area
ADOPTED by the Eagle Planning and Zoning Commission 9f the City of
Eagle, Idaho this ~ day of April, 1994.
APPROVED:
ATTEST:
BARBARA MONTGOMERY, CITY CLERK
CHAIRMAN KEN SMITH
PLANNING AND ZONING COMMISSION
12
TH~ FINDTNGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Van Engelen Estates Subdivision, a rezone from A to R2
and the preliminary plat, presented by Rick Roe and Craig Van
~ngelen, the applicants, and adopted by the Eagle Planning and
7.oning on April 4, 1994, are hereby adopted by the Eagle City
Council with the following modifications:
J .
a written agreement between the developer and Fred Kunkler
addressing fencing of the property and irrigation
The subdivision include a pressurized irrigation system
The City of Eagle Standard Subdivision Conditions of Approval
requirements
2.
3.
DATED this
14
day of
June
, 1994
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Approved:
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