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Findings - PZ - 1991 - No App Number - Trail Creek Ranch Property/Pp/Rezone From C3 To R5 CITY OF EAGLE ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW IN THE MATTER OF ECHO/TRAIL CREEK RANCH SUBDIVISION AN APPLICATION FOR A SUBDIVISION-REZONE On October 21, 1991, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Sections 8 and 9, Eagle City Code, Treasure Valley Ltd., (Bill Guhrke) owners of the Echo Creek Subdivision known as Trail Creek Ranch property, the applicant, came before the Eagle Planning and Zoning for the City of Eagle, Idaho, requesting approval of a consolidated application for (1) a subdivision preliminary plat, (2) a rezone of the property from Commercial (C3) to Residential (5), 5 units 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 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 October 21, 1991, a public hearing was conducted by the Eagle Planning and Zoning Commission. There was no public testimony in opposition to the project. 3. The applicant's representative, Phil Barber testified, and documentation was received by Eagle City Hall, that a " Permit to Appropriate Water", # 63-11413, was approved by the Department to establish wells in conjunction with Floating Hills Inc. He also reported that the Highway 55 alignment issue was being negotiated with the Idaho State Dept. of Transportation. They have been annexed into the Eagle Sewer District and have established easements for the 4. sewer lines. The developers propose they will be co- developing the off-site sewer service mainlines with Floating Feather Hills, Inc. and use the same off-site mainline system. The applicant indicated that a public school site had been established in the adjacent subdivision Lexington Hills Subdivision, (Floating Feather Hills Subdivision), and Echo Creek will have a site for a fire station. 5. The development is bordered to the east by a proposed Highway 55 alignment and west by R4 zoning districts and to the south by R5 zoning and portions of the Eagle Impact Area and north by R4 zoning districts. Landscaping will include a total of 6.5 acres of common area, and there are 4 homeowner association parks within Phase 11. There will be extensive landscaping surrounding the entrance road at Highway 55. there will be noise and light protection in the form of berming and fencing along Floating Feather Rd. and Highway 55. 6. 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: 9-1-3: 9-2-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS PRELIMINARY PLAT PROCEDURES 9-4: REQUIRED IMPROVEMENTS (The following are only a portion of the Code.): 1. STREET LIGHTS (MAY BE REQUIRED) 2. SIDEWALKS AND PEDESTRIAN WALKWAYS 3. WATER SUPPLY AND SEWER SYSTEMS 4. STORM DRAINS 5. FIRE HYDRANTS 6. GREENBELT AREAS (MAY BE REQUIRED) With respect to the rezone of the property: 8-7-5: AMENDMENTS 1. The Commissions finds that there is adequate evidence showing that the development use at the proposed location satisfies the general standards for uses set forth in Section 8-7-5, Eagle City Code. Specifically, that the use will be harmonious with and in accordance with the general objectives of the Comprehensive Plan and Title 8; that the development, if the conditions attached to this approval are met, will be adequately served by essential public facilities and services; and that the vehicular approaches to the property shall be so designed as not to create an interference with traffic on surrounding public roadways, with conditions placed on the development. 2. The application submitted by Treasure Valley Ltd., complies with the requirements set forth in the Eagle Comprehensive Plan; 3. The application submitted by Treasure Valley Ltd., for a rezone from an (C3) Commercial District to a (R5) Residential District is in accordance with the Eagle Comprehensive Plan and the requested rezone serves the welfare of the general public and is in the public interest. The 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; 4. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be approved subject to the conditions set forth below: 1. This recommendation shall not be construed as endorsing 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 Title 8 and 9 of the Eagle City Code. That the portion of the property zoned Commercial (C3) be rezoned Residential (R5); With an document submitted to City Council regarding an agreement with the Eagle Sewer District; Establishment of a loop to the road on the NW side of Fall Water Way, instead of a culdesac. 2. 3. CONDITIONS 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. Berming and shielding, and noise barriers will be required to prevent sound and noise along the old highway, Floating 10. 11. Feather and the new highway. 3. 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. 4. Proof of adequate water service is required prior to signing of the final plat by the City Engineer. 5. 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.) 6. Minimum building setback lines shall be in accordance with the 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 zoning ordinance or as specifically approved. 7. 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. 8. 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. 9. A letter from the appropriate school district is required stating "the Developer and/or Owner has made arrangements to comply with all requirements of the School district" prior to signing of the final plat by the City Engineer. Street lights in accordance with the submitted preliminary plat shall be installed by the developer, specifications and standards at locations designated. 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. Street lights installed require covenants homeowner's association by-laws or other similar deed restrictions acceptable to the City Attorney, which provides for the use, control and maintenance of the street lights, and shall be reviewed and approved by the City Attorney prior to signing 12. 13. 14. 15. 16. 17. of the final plat by the City Engineer. NOTE: All bonding shall conform to the Eagle City Code 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." Developer will comply with all requirements of the Eagle City Code sections regulating Hillside and Foothill areas or submit evidence satisfactory to the City Engineer that the proposed development is exempt from the requirements therein stated due to location, topography and/or the absence of adverse conditions associated with slope stability, ground water, erosion and sedimentation. The project engineer shall submit a summary report describing the incorporation of the recommendations of the various final reports into the design and said summary report shall accompany the final reports. Covenants Home Owner's Association by-laws or other similar deed restrictions acceptable to the City Attorney, which provides for the use, control and maintenance of all common areas, storage facilities, recreational facilities or open spaces hall be reviewed and approved by the City Attorney prior to signing of the final plat the City Engineer. A restrictive covenant must be recorded and a note on the face of the final plat is required, which provides for mutual maintenance and access easements. Such covenant will be reviewed and approve the City Attorney. Appropriate papers describing decision making procedures relating to the maintenance of the structure, grounds and parking areas shall be reviewed and approved the City Attorney prior to signing of the final plat by the City Engineer. Developer and/or owners 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 City Engineer. A copy of the construction drawing(s) shall be submitted with the letter. A. Developer may either construct prior to final platting or post bond/agreement in the amount of 110% of the estimated construction costs. The developer and/or owners shall delineate all necessary sanitary sewer easements on the final plat prior to signing of the final plat by the City Engineer. 18. 19. 20. 21. 22. 23. 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. Comply with Idaho Code, section 31-3805, concerning irrigation rights, transfer and disclosure. 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 tile or other like satisfactory underground conduit to permit the delivery of water to those landowners with the subdivision who are also within the irrigation entity. 1. Developer may either construct prior to final platting or bond the amount of 110% of the estimated construction costs. 2. Plans must be submitted to the City Clerk showing the delivery system and approved by a registered professional engineer prior to signing of the final plat by the City Engineer. C. Fence, cover or tile all irrigation ditches, laterals or canals and drains, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the subdivision prior to final platting or post bond/agreement in the amount of 110% of the estimated improvement cost with the City Clerk. 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. 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. 24. The developer and/or owner shall contact the City Clerk regarding the financing and details of extending the sewers to the subject property. Plans shall be approved by the City Engineer prior to commencing with construction. Developer and/or owner may either construct prior to final platting or bond/agreement in the amount of 110% of the estimated costs. 25. The developer is to place a note on the fact of the plat which states: "This subdivision is subject to the requirement of the Uniform Building Code as regulated by the City of Eagle." 26. Prior to issuance of a building permit the developers must supply the following information to the City Clerk: Final engineering report to include a soils engineering report, final engineering geology report, final hydrology report, final grading and drainage report, revegetation plan and recommendations for foundation type and design criteria. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this 4 day of November, 1991. ~\ CHAIRMAN TOM EASON PLANNING AND ZONING COMMISSION ATTEST: MRMM ~NTOO~;J CITY CLERK APPROVED: THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding Trail Creek Ranch Subdivision/Echo Creek Subdivision adopted by the Eagle Planning and Zoning Commission on November 4, 1991, are hereby adopted by the Eagle City Council. DATED this ~ day of December, 1991. ~;:rJl MAYOR STEVE GUERBER -, Attest:! '