Findings - CC - 1991 - Island Woods Subd PUD/CUP/Rezone - Ppud/Cup/Rezone From C3 To R5
CITY OF EAGLE
IN THE MATTER OF
ISLAND WOODS SUBDIVISION
AN APPLICATION FOR A PUD/
CONDITIONAL USE PERMIT
SUBDIVISION-REZONE
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On July 23, 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, B W, Inc. (Dennis Barker)
owner of the Island Woods Subdivision property, the applicant,
came before the Eagle City Council for the City of Eagle, Idaho,
requesting approval ,of a consolidated application for (1) a
subdivision preliminary plat, (2) a preliminary planned unit
development plan, (3) a conditional use permit for said planned
development plan, (4) a rezone of the property from Commercial
(C3) to Residential(R5), 5 units per acre.
Based on the application, testimony from the applicant and all
interested parties, together with all documentary evidence
submitted concerning the application, and the recommendation of
Eagle Planning and zoning Commission, the Eagle City Council
finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
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 Dist., Meridian School District, Dept.
of Water Resources, US West, 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.
The project comprises approximately 150 acres, flat
topography with slopes than 2%. The over all project will
consist of approximately 280 lots, over a period of 10
years, at a development rate of approximately 30 lots per
year. The project will consist of common open space which
will be used for trails, water amenities and heavily
vegetated areas.
3.
The development is bordered to the east and south by the
Eagle Impact Area, zoned by Ada County as a residential
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transition zone (RT), to the north by a manufacturing zone
(M1) and to the west by an agricultural zone (A).
Access to this project will be by means of two accesses to
Eagle Road. One access will be constructed to ACHD
collector standards. The other access will be constructed
to ACHD residential standards. No lots or driveways will
access from the collector street. The project includes six
cul-de-sacs. all cul-de-sacs will be less than 500 foot
length.
4.
This project has been annexed into the Eagle Sewer District,
subject to final Engineering review and approval. The
conceptual plan has been approved.
5.
The water system for domestic water is to drill two domestic
wells on site. The second well will have capacity for fire
flows and back up capacity. The State of Idaho Department
of Water Resources has issued a permit to appropriate water
and must be constructed in accordance to specifications that
the City of Eagle could someday acquire. A private water
company will be formed to operate and maintain this water
system.
6.
The development is within the Eagle Fire district.
7.
Storm drainage detention facilities will be constructed on
site, irrigation will be done through the domestic water
system.
8.
The southern boundary of the project will include a local
pathway for pedestrians and cyclists. It will not conflict
with the floodway or vegetation.
9.
An Environmental analysis submitted by Karl Gebhardt, P.E.,
Hydrologist/Environmental Engineer and Joyce Gebhardt,
Wildlife Biologist, Resource Systems, Inc., to the City of
Eagle.
10.
Street lights or yard lights will be installed throughout
the subdivision, which will be maintained by the association
or homeowners, or lights will be dedicated to the City.
The applicant indicated that there was no public school site
in the proposed subdivision.
On July 23, 1991, a public hearing was conducted by the
Eagle City Council. Testimony was presented by
neighborhood property owners that the proposed development
may have an adverse impact upon the flood plain, floodway
areas and that the project may have wet lands; that waste
water problems may exist; and that taking water needed for
the development may adversely impact the Boise River; that
it would add to the problem of overcrowding of existing
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schools in the area; and that a Greenbelt area should be
established. The Eagle City Council specifically finds that
the identified potential problems can be adequately
addressed by imposing conditions upon the development of
the project.
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)
PLANNED UNIT AND CONDOMINIUM SUBDIVISION
9-5-4:
With respect to the review of the preliminary planned
unit development (PUD) plan:
8-6-4: USES PERMITTED
A. THAT THE USES ARE APPROPRIATE WITH THE
RESIDENTIAL USES
B. THAT THE USES ARE INTENDED TO SERVE
PRINCIPALLY THE RESIDENTS OF THE PUD
C. THAT THE USES ARE PLANNED AS AN INTEGRAL PART
OF THE PUD .
D. THAT THE USES BE LOCATED AND SO DESIGNATED AS
TO PROVIDE DIRECT ACCESS TO A COLLECTOR OR AN
ARTERIAL STREET W/O CREATING CONGESTION OR TRAFFIC
HAZARDS
E. THAT A MINIMUM OF 50% OF THE RESIDENTIAL
DEVELOPMENT OCCUR PRIOR TO THE DEVELOPMENT OF THE
RELATED COMMERCIAL OR INDUSTRIAL LAND USES.
(Those uses within the proposed subdivision that
must specifically meet the above requirement are:
a day care center and a proposed school site.)
8-6-5-1:
MINIMUM AREA: 3 ACRES RESIDENTIAL, 5 ACRES
RESIDENTIAL USE W/ SUBORDINATE COMMERCIAL, 10
ACRES FOR COMMERCIAL
USE.
ARRANGEMENT OF COMMERCIAL USES
8-6-5-5:
8-6-6:
PROCEDURE FOR APPROVAL
With respect to the
conditional use permit;
a
approval
of
8-7-3:
CONDITIONAL USES:
8-7-3-1:
PURPOSE AND INTERPRETATION OF CONDITIONAL USE
8-7-3-2:
8-7-3-3:
GENERAL STANDARDS FOR CONDITIONAL USES (A-I)
PUBLIC SITES AND OPEN SPACES (A-C)
8-7-3-4:
SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
8-7-3-5: CONDITIONAL USE PERMIT (APPLICATION
REQUIREMENTS AND PROCEDURE FOR APPROVAL)
With respect to the rezone of the property:
8-7-5:
AMENDMENTS
Based on the following the Eagle Planning and Zoning Commission
denied the application:
1.
RECOMMENDATION OF PLANNING AND ZONING
The Commission concluded that the preliminary development
plan is in conflict with the intent and purpose of Title 8,
and 10 of the Eagle City Code and that the proposed
development does not promote public welfare and that the
combination of various land uses presented and their
interrelationship with the land uses in the surrounding area
does not justify deviation from standard land uses in the
surrounding area and there is inadequate evidence showing
that a 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 not be
harmonious with and in accordance with the general
objectives of the Comprehensive Plan and Title 8; that the
development, conditions attached to this approval are
inadequate and will not be adequately served by essential
public facilities and services; and that the vehicular
approaches to the property are not designed to prevent an
interference with public access to the river and traffic on
surrounding roadways; and that a legal questions must be met
regarding the Williamson claim to an access road in the
area. The application submitted by Dennis Baker, does not
comply with the requirements set forth in the Eagle
Comprehensive Plan;
2.
The application submitted by Dennis Baker, for a rezone from
an (C3) Commercial District to a (RS) 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, and should be granted.
DECISION OF EAGLE CITY COUNCIL
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the City Council of the City of Eagle, Idaho, approves the
application for a Subdivision (PUD/CUP) and rezone for ISLAND
WOODS SUBDIVISION subject to the following conditions:
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.
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 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.)
4.
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.
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
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per minute.
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Comply with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
Developer and lor 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.
concerning
8.
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.
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.
Develdper shall comply with all requiremerits and
restrictions of the Eagle City Code sections regulating
Special Development Subdivisions including, but not limited
to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development and Areas of
Critical Concern. (if applicable)
All Subdivisions 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.
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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.
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.
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 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 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.
The recreation/greenbelt area along the Boise river and
parking therefore shall be approved by the Eagle City
Greenbelt Committee prior to approval of the final plat of
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20.
phase 1 by the Eagle City Council.
Complete construction drawings shall be submitted to and
approved by the Eagle City Engineer prior to the approval of
the final plat of phase 1 by the Eagle City Council.
21.
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.
The development shall comply with the Boise River Plan in
effect at the time of City Council consideration of the
final plat of phase 1.
22.
Conservation, recreation and river access easements shall be
approved by the Greenbelt Committee and shall be shown on
the final plat.
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
of phase 1 by the Eagle City Council.
The developer shall obtain approval of the development
relative to its effects on wetlands from the Corps of
Engineers and Idaho Department of Water Resources and/or any
other agency having jurisdiction prior to approval of the
final plat of phase 1.
Prior to approval of the final plat of phase 1 by the Eagle
City Council, the developer shall submit evidence
satisfactory to the Eagle City Attorney that an agreement
has been reached regarding access to properties adjoining
the project to the east and to the Pioneer Irrigation
District Headworks and Canal.
If such an agreement cannot be reached, revise the
development plan to incorporate the existing access road(s)
into the project plan.
The parcel of property at the northeast corner of the
subdivision, which is currently zoned C3, shall be rezoned
to RS prior to signing of the final plat by the Eagle City
Engineer.
Pavement design of the main collector street shall be based
on traffic loads anticipated by the heavy equipment used by
the Pioneer Irrigation District and the adjacent property
owners.
Acceleration and deceleration lanes shall be provided on
Eagle Road at each entrance to this subdivision. Design of
accesses to subdivision and total improvements to Eagle Road
to be approved by the Idaho Transportation Department prior
to signing final plat by Eagle City Engineer.
By motion of the Council the following conditions are to be added
to the covenants of Island Wood Subdivision and presented to the
City Council with the final plat:
1. Additional parking by the club house rather than parking
located with the subdivision
2. List the type of homes in the subdivision and provided street
lighting
3. Provide uniformity in mail boxes and those types of amenities
within the subdivision
4. Contact school authorities regarding school property and
provide the Council some agreement
5.
The club house is to be completed in phase 1
6. The environmental assessment to include any negative impacts
on the minimum water flow through the lakes and stream system
for freshness of flow and provisions made to accommodate the
needs of Pioneer Irrigation District
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Access for greenbelt purposes
A~?PTEJ?db~ the f E~e <Çity Council olf99\he City of Eagle, Idaho
t J.s ~ ay 0 ~l?~ , .
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STEVE GUERBER
MAYOR OF THE CITY OF
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EAGLE