Findings - CC - 1992 - Annexation/zoning/PP - Redwood Creek Subdivision Annex/Zone R1/Pp
,
BEFORE THE CITY COUNCIL
OF THE
CITY OF EAGLE, IDAHO
In Re:
)
)
Redwood Creek Subdivision: )
An Application for Annexation,)
Zoning and Subdivision)
Preliminary Plat Approval, )
)
)
)
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND DECISION
Applicants.
This matter having come before the City Council of the City of
Eagle,
Idaho,
on June 9,
1992,
for public hearing pursuant to
public notice as required by law, the application for annexation,
zoning classification of R1 and preliminary plat of the proposed
site of the Redwood Creek Subdivision, by the property owners
Florence Goade and Frank Plunkett, as represented by Gary Madenford
("Applicants") ;
the
City Council
having heard testimony
from
interested parties and being fully advised in the matter, now make
the following:
FINDINGS OF FACT
1.
The City of Eagle has a duly adopted Comprehensive Plan,
adopted January, 1978, and revised March, 1990.
2.
The property owners of the proposed Redwood Creek Subdivision
( "Property" ) are:
Florence Goade and Frank Plunkett
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The property owners of the Property are hereinafter referred
to as the "Applicants" and are represented by Gary Madenford.
3.
The Applicants of the Property made applications to the Zoning
Administrator for:
(I) annexation of the Property into the
corporate limits of the City of Eagle:
(2)
an R1 zoning
classification for the Property: and
(3)
preliminary plat
4.
approval ("Applications").
At all public meetings referenced herein,
all
interested
5.
persons were given the opportunity to be heard.
The surrounding land use in the immediate area of the Property
is for five-acre residential subdivisions and agricultural
parcels.
6.
The present use of the Property is currently for agricultural.
7.
The proposed future use of the approximately 80 acres of
Property is a residential subdivision and the balance is to
remain as an agricultural use.
8.
Notice of the ci ty Council hearing of June 9,
1992 was
properly published in the official newspaper and was properly
mailed to all persons who own property within 300 feet of the
external boundaries of the Property.
9.
Upon these Applications,
and
the
following organizations
agencies, among others, were notified for their comments:
- Ada County Highway District
- Eagle Sewer District
- Idaho State Transportation Department
- Ada County Development Services
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- Central District Health
- Meridian School District
- Eagle Fire Department
- Chevron Pipeline Co.
with the exception of Chevron Pipeline, the City was advised
by these entities that, subject to certain conditions, there
were no objections to the establishment of a subdivision on
the Property.
Chevron Pipeline Co. opposed the subdivision on
the Property unless the subdivision was conditioned upon the
Applicants entering into an agreement with Chevron Pipeline
Co., prior to the commencement of any construction activity,
concerning protection of the existing pipelines.
10.
As part of the (1) annexation request;
(2) request for R1
zoning; and (3) preliminary plat approval, notice and hearings
are required by state statutes and the City Code.
The City of
Eagle gave the notices and conducted public hearings according
to the law to effect these three applications.
At the June 9,1992 public hearing portion of the City Council
11.
meeting,
testimony was presented by neighborhood property
owners that the proposed development of the Property may have
an adverse impact upon surrounding property owners, animal
life in the area, the water table and existing wells in the
area, drainage, and quality of life of those in the area.
12.
The June 9, 1992 public hearing meeting of the City Council
was held at City Hall in the City of Eagle, Idaho.
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13.
14.
15.
16.
17.
18.
19.
20.
The Applications were made in the form required by the City of
Eagle.
The
City
that
of
Comprehensive
Eagle
provides
Plan
II [d] ensi ties wi thin the Urban
Service
Planning
area and
outside of the City Limits shall not exceed five (5) units per
acre. . . .
Densities outside the Urban Services Planning
Area but within the Eagle Impact Area shall not exceed one
single dwelling housing unit per five acres."
The Property is within the City of Eagle Impact Area and the
Urban Service Planning Area.
The Applicants submitted a written request to the City Council
requesting annexation of the Property.
Idaho Code §§ 50-222: 67-6509 & 67-6525: and the City of Eagle
Code §§ 1-10-2: 2-1-5E: 8-7-6: & 8-8-2 govern annexation of
property into the corporate limits of the City of Eagle.
Ordinance No. 88, dated 11-15-83, as amended, is the City of
Eagle Ordinance governing the regulations and requirements of
subdivisions within the City of Eagle.
City of Eagle Code §§
9-1-1 through 9-6-5.
The Planning and Zoning Commission conducted public hearings,
after proper notice, and made a decision, all as required
under state and local law, concerning the annexation, zoning
and preliminary plat approval of the Property.
Idaho Code §§ 67-6513: 67-6509 and 50-1301 through 50-1329 and
the City
of
Eagle
Code
§§
through
9-1-1
9-6-5
governs
subdivision requirements in the City of Eagle.
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21.
Idaho Code §§ 67-6501 through 67-6537 and the City of Eagle
Code Title 8 governs the zoning of property annexed by the
City of Eagle.
22.
In making its decision regarding the Applicants' Applications,
the
City
Council
reviewed
Applications,
these
with
due
consideration to:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
Providing orderly development of the City according to
the Comprehensive Plan:
Promoting public health, safety, and general welfare:
Protecting property rights and enhancing property values:
Ensuring
that
facilities
adequate
services
and
are
provided to the people at reasonable costs:
Ensuring
compatibility
with
the
surrounding
neighborhoods:
Ensuring that the economy of the state and localities is
protected and enhanced:
Ensuring that the important environmental features of the
state and localities are protected and enhanced:
Encouraging
the
protection
prime
of
agricultural,
forestry, and mining lands for production of food, fibre,
and minerals:
Encouraging urban and urban-type development within the
incorporated city;
Avoiding
undue
concentration
of
population
and
overcrowding of land:
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K.
Ensuring that the development on land is commensurate
with the physical characteristics of the land;
Protecting life and property in areas subject to natural
L.
hazards and disasters;
M.
Protecting fish, wildlife, and recreation resources;
N.
Avoiding undue water and air pollution; and
O.
The recommendation of the Planning and Zoning Commission.
Based on the foregoing Findings of Fact, the City Council
hereby makes the following:
CONCLUSIONS OF LAW
1.
A zoning classification of Rl for that portion of the Property
upon which a residential development is sought and AR for the
balance of the Property is consistent with the Comprehensive
Plan.
2.
The above zoning classifications are compatible with the use
and zoning of the surrounding area.
3.
All requirements necessary to meet the statutory requirements
of annexing the Property with said zoning and submitting the
preliminary plat of the Property to the City Council have been
complied with.
4.
Statutory due process, notice and hearing requirements, as
contained in the Idaho Code and City of Eagle Code, were
satisfied.
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Based upon the foregoing Findings of Fact and Conclusions of
Law, the City of Eagle City Council hereby enters the following:
DECISION
1.
It is the decision of the City of Eagle City Council to:
A.
Approve the Application for annexation of the Property
into the corporate limits of the City of Eagle.
B.
Approve,
subject to the
following modification,
the
Application for zoning of the Property:
The Property described as the S 1/2 of the SW 1/4 of the
NE 1/4 and the NW 1/4 of the SE 1/4 and that portion of
the SW 1/4 of the SE 1/4, which lies in the Right of Way
of State Highway 44, all of the above of Section 7,
Township 4 North, Range 1 East Boise Meridian County of
Ada, Idaho
shall be zoned R1 and the property described as
a parcel of land being portions of Government lots 2 and
3 and the SE 1/4 of the NE 1/4 and that portion of
Government lot 4 which lies in the Right of Way of State
Highway 44, all of the above of Section 7, Township 4
North, Range 1 East of the Boise Meridian, County of Ada,
Idaho
shall be zoned as AR.
C.
Approve,
subject
to
the
following
conditions,
the
preliminary plat of the Property:
1.
The terms and conditions set forth by an agreement
presented to Council between Chevron Pipeline and the
developer; and
2.
The
Eagle
standard
conditions
of
subdivision
approval as listed below:
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CITY OJ' BAGLB
STANDARD CONDITIONS
POR SUBDIVISION APPROVAL
a.
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,
excepting therefrom sidewalk and curb. 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 60, Chapter 13.)
b.
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.
c.
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
Engineer (I.C. Title 50, Chapter 13.)
d.
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.
e.
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.
f.
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.
8
h.
i.
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JIB! 24, 1992
Eagle Fire Department shall CHECK OFF AND approve
all fire hydrant locations. Minimum flow per
hydrant shall be 1000 gallons per minute.
Eagle Fire Department shall check off and approve
the fire protection system prior to issuance of a
building permit.
g.
Compliance with Idaho
concerning irrigation
disclosure.
Code, section 31-3805,
rights, transfer and
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.
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.
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 of all common areas, storage
9
k.
I.
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JIn! 24, 1992
facilities, recreational facilities, street lights
or open spaces shall be reviewed and approved by
the Eagle City Attorney prior to signing of the
final plat by the Eagle City Engineer.
A restrictive covenant must be recorded and a note
on the face of the final plat is required,
providing for mutual maintenance and access
easements.
Appropriate papers describing decision-making
procedures relating to the maintenance of
structures, grounds and parking areas shall be
reviewed and approved by the Eagle City Attorney
prior to signing of the final plat by the City
Engineer.
j.
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 designed by the 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 City
Engineer or bonding for 100% of the estimated cost.
NOTE: All bonding shall conform to the Eagle City
Code, Title 9, Chapter 4, Section 9-4-2.2.
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.
10
m.
n.
p.
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J~ 24, 1992
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.
o.
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."
Wet 1 ine 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.C.C. 9-20-8.4).
q.
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.
r.
Conservation, recreation and/or river access
easements shall be approved by the Greenbelt
Committee and shall be shown on the final plat.
s.
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 of
the Eagle City Engineer.
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
t.
11
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).
u.
Developer will establish a 24 ft. greenbelt strip
over the pipeline area with Chevron Pipeline aiding
in the design and development.
ANY BONDING REQUIRED BY EAGLE CITY COUNCIL
SHALL CONFORM TO SECTION 9-4-2.2 (A-B) EAGLE
CITY CODE
3.
The decision of the City Council is based upon the following
facts:
A.
The annexation,
proposed use and zoning request are
consistent with the Comprehensive Plan,
state law and
City Ordinances.
B.
The Applications as approved herein are in the best
interest of the public health, safety and welfare of the
City of Eagle and the residents and property therein.
4.
The City Council made this decision by a vote of at least 50%
of the Council members plus one member.
DATED this ~ day of
, 1992.
Mayor ~
ATTEST:
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BXHIBIT Ii
Legal Description of the Redwood Creek Subdivision
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