Findings - PZ - 1992 - PP/Final Plat Eagle Rock Subdivision - No Access From Eagle Hills Way/No Deq Approval/Con
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FIRDIRGS 01' PACT
AIm CORCLUSIORS OF
LAW
On May 4, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Section 9,
Eagle City Code, Dave Beggrow owner of the property, represented by
Dave Roylance, Roylance Engineering, came before the Eagle Planning
and Zoning for the City of Eagle, Idaho, requesting approval of an
application for a subdivision preliminary plat and final plat, in
a Residential (5), 5 units per acre district, approval of a
subdivision consisting of 4 lots on 1.24 acres.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
1.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
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
relevant public entities, including Central District Health,
Eagle Sewer District, Idaho State Transportation Dept.,
Meridian School District, Eagle Water Co., Eagle Fire Dept.,
Idaho Power, and Ada County Development Services. The City
was advised by said entities that subject to certain
conditions there was no objection to the establishment of the
proposed development.
2.
On May 4, 1992, a public hearing was conducted by the Eagle
Planning and Zoning Commission. There was adverse testimony
received by the Commission.
3.
This development is located at the intersection of Eagle Hills
Way and N. Edgewood Ln.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan, Housing and Land Use.
Title 9-Land Subdivisions:
EAGLE CITY CODE:
9-2-3-B: Combining Preliminary and Final Plat in Minor
Subdivisions: The applicant may request that the subdivision
application be processed as both a preliminary and final plat if
all the following exist:
1. The proposed subdivision does not exceed 10 lots;
2. No new street dedication or street widening is involved;
3. No major special development considerations are involved such
as development in a floodplain, hillside development or the like;
4. All required information for both preliminary and final plat is
complete and in an acceptable form; and
5. The proposed subdivision is not in conflict with the
Comprehensive Plan or any provision of the Zoning Title of the City
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, (the following are only a portion of
the code)
a. Street lights (may be required)
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Greenbelt areas (may be required)
9-4-2-2: Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
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 50, Chapter 13.)
2.
Approval of sewer and water facilities by the Regional Health
and Welfare Environmental Services Office is required and
signature by the Ada County Central District Health Department
is required prior to signing of the final plat by the City
4.
Engineer (I.C Title 50, chapter 13.)
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.
5.
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
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 approve all fire hydrant
locations. Minimum flow per hydrant shall be 1000 gallons per
minute.
7 .
Comply with Idaho Code, section 31-3805, concerning irrigation
rights, transfer and disclosure.
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.
11.
12.
13.
14.
15.
Appropriate papers describing decision-making procerlures
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.
10. All Subdividers within the City limits shall be required to
install, at subdivider's expense, street lights in accordance
with Idaho Public Works Association specifications and
standards at locations designated by the Eagle City Engineer.
After installation and acceptance by the City Engineer, all
street lights in public right-of-way shall become City
property. The subdivider has the option of completing street
light installation prior to signing of the final plat by the
Eagle City Engineer or bonding for 110% of the estimated cost.
NOTE: All bonding shall conform to the Eagle City Code, Title
9, Chapter 4, Section 9-4-2.2
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.
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.
A.
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.
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 by the City of
Eagle."
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 by 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.
16.
Developer and/or owner shall provide the City Clerk with a
blueprint of the final plat, which has been reviewed, approved
and initialed by the Ada County Engineer for subdivision name,
and lot and block numbers in conformance with I.C. 50-1307,
prior to scheduling of the final plat for hearing.
17.
Complete construction drawings shall be submitted to and
approved by the Eagle City Engineer prior to the approval of
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.
Based upon the foregoing FINDINGS OF FACTS, the Eagle Planning
and Zoning Commission concludes the following:
1.
granting approval of a preliminary and final plat for
Eagle Rock Subdivision for the purpose of a 4 lot
subdivision may violate the Idaho State Codes, Eagle City
Codes and the Eagle Comprehensive Plan;
2.
the approval of the application will have an adverse
impact on those property owners in the area;
the application submitted by Dave Beggrow
for approval of a preliminary and final plat does not
serve the welfare of the general public and is determined
not to be in the best interest of the public.
On May 4, 1992 the Eagle Planning and Zoning Commission voted to
recommend denial of the application as presented.
3.
ADOPTED by the Eagle Planning and zoning Commission, of the City of
Eagle Idaho this 18 day of May, 1992.
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
Eagle Rock Subdivision-preliminary and final plat
EAGLE CITY COUNCIL
On June 9, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle
City Code, Dave Roylance, representative for the applicant and
developer of Eagle Rock Subdivision, came before the Eagle City
Council for the City of Eagle, Idaho, requesting approval of a
application for a subdivision preliminary and final plat in an R5
Residential District, (five single family dwelling unit per acre).
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle City Council finds
the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
The preliminary and final plat submitted to Eagle City Council
on June 9, 1992 lacks access from Eagle Hills Way, does not
have the approval of DEQ for water, impacts adjacent residents
and is in conflict with the Eagle Comprehensive Plan.
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the application submitted by Dave Beggrow, for Eagle Rock
Subdivision, adopted by the Eagle Planning and Zoning Commission on
May 4, 1992 are hereby adopted by the Eagle City Council, with
noted changes.
23
day of
June
, 1992.
THIS
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STEVE GUERBER
MAYOR OF EAGLE