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Findings - PZ - 1995 - annex/zoningR4/preliminary plat - Chaumont Subdivision CITY OF EAGLE IN THE ~TTER OF ) AN APPLICATION FOR ) CHAUMONT SUBDIVISION) AN APPLICATION FOR) ANNEXATION, ZO~ING AND ) A SUBDIVISION,: ) PRELIMINARY P~T, ) BY HILL WAY, I~C. FINDINGS OF FACTS AND CONCLUSIONS OF LAW On February 6 ~nd February 27, 1995, pursuant to public notice and hearing procedþres set forth in Section 67-6509, Idaho State Code, Dave Torgeson !of JUB Engineers, engineer for the applicant, and Trevor Roberts, officer of Hill Way, Inc. the applicants, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for annexation, zoning (R4) and a subdivision preliminary plat. This subdivision is located south of Hill Road a~ Dickey Drive and East of existing Edgewood Estates. 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. 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: ACHD: 1/17/95 In addition to their standard requirements ACHD has the following "Site Specific Requirementsll; 1. Dedicate right-of-way for Hill Road along the north subdivision boundary as indicated by the Corridor Study Report. No additional right-of-way will be required south of the existing Hill Road right-of-way where it abuts the Dry Creek canal. The owner will be compensated for any additional right-of-way from available impact fee revenues in this benefit zone. 2. The connection of Birchwood Street to the existing Birchwood Street in Edgewood Estates No.2 shall be in conformance with the District standards. (This connection appears to depart from ACHD standards by connecting with the existing street at an angle point. ) 3. A stub street to the east shall be required. A turnaround will not be requir~d as long as the stub is only one lot deep. 4. The internal streets shall be constructed to a ACHD standard 1 37-foot back-t~-back street section within 50-feet of right-of-way. 5. Provide a 4eposit to the Public Right-of-Way Trust Fund at the District for a 5-foot sidewalk on Hill Road abutting parcel. NEW DRY CREEK DITCH co.: 1/25/95: an excerpt: "We do not understand th4t the City of Eagle can not see the danger of allowing, let. alone demanding, a pedestrian path along a maj or irrigation can~l. We request a 6-foot fence, constructed of non- burnable mater~al, separate the canal easement from the pathway. In addition, ~e demand written proof be provided to our company verifying the ~ity and/or Homeowner's Association has accepted the liability assoCiated with thee pathway and agrees to hold harmless the NDCDCo." . 1/30/95: By phbne with Lynne Sedlacek, "The canal cannot be in the center of the easement. More space is necessary on one side than the other. The exact positioning of the canal within the easement is yet to be dßtermined." CENTRAL DISTRtCT HEALTH: 1/25/95: This development can be approved¡ after written approval from appropriate entities are submitted, fo~ central sewer and central water. Plans for both water and sewer must be submitted to and approved by the Idaho Department of Health and Welfare Division of Environmental Quality. Street runoff is not to create a mosquito breeding problem. Stormwater management recommendations are to be followed. ADA COUNTY AS~ESSOR: 1/27/95: The legal description for this subdivision is actually a portion of Lot 6 of Patterson's Subdivision. EAGLE FIRE DEPT. 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 ft 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-111-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. 2 4. The average spacing between hydrants shall not exceed that listed on tabl~ A-111-B-1-, 1991 UFC EAGLE WATER CO, 1/24/95: Eagle Water will provide water service to Chaumont Subdivision under it's rules and regulations as provided for by the Idaho Public Utilities Commission. EAGLE SEWER ~: 1/25/95: The project is within Planning Boundaries. he project has not been annexed into the service area, but will be on the agenda for February 13. It is anticipated that the Board will agree to annex and serviceability will not be a problem. MERIDIAN SCHOOL DISTRICT: 1/17/95: This planned development will accelerate the need for Joint School District No.2 to construct additional c]assrooms and/or to adjust school attendance boundaries. Meridian School do not have excess capacity. Nearly every school in the district is beyond capacity. The Meridian SChool District supports economic growth for Idaho and Specifically the district's area, but such growth produces a need for additional school construction. We ask your support for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities. If this support is lacking than we ask that additional residential development be denied. Idaho Power: 1/30/95: "We require a permanent 10-foot wide public utilities easement along all lots adjacent to a road right-of-way dedicated to public or private use." 2. There was proposal. no written or oral testimony regarding this CONCLUSION The Commission concludes that the application for annexation and zoning (R4), for Chaumont Subdivision is consistent with the intent and purpose of the Idaho State Code, 1993 Eagle Comprehensive Plan and Eagle City Codes, specifically D 50-222,67-6525,67-6509, City Code 1-10-2, and Title 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 1993 comprehensive plan. There is adequate evidence showing that this subdivision development, at the proposed location, satisfies the general standards for approval of a subdivision set forth in Section 9-1-3 of the Eagle City Code, the general subdivision provisions. The development, if the conditions attached are met, will promote public welfare, safety and the Subdivision provides for harmonious 3 development. 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 ZÞning 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 annexation, zoning (R4) and a subdivision preliminary plat for Chaumont Subdivision with the standard conditions and the following: 1. The developer obtain approval of the Dry Creek Canal Co. 2. The pathway be completed along the canal 3. There be an agreement regarding the fencing 4. Approval of ACHD The Standard Subdivision Conditions are as follows: CITY OF EAGLE 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 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, 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 50, 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 4 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 cþf 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 specif~cally 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 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 5 10. 11. 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 E$.gle 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. 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". 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 A. 6 12. 13. 14. 15. 16. 17. 18. 19. 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 Deve19per 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." 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 proj ect for service, prior to signing of the final plat by the City Engineer (B.C.C. 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 7 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 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.**** Conservat~on, recreation and river access easements shall be approved by the Greenbelt Committee and shall be shown on the final p1at.*** 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.*** 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 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.**** All homes being constructed with individual septic systems must have the septic systems placed on the street side of the home. Basements in homes in the flood plain will be prohibited .****** 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 8 guarantee can also be a cash deposit, negotiable bond or bank letter of credit. certified check, ****those developments in the flood plain, greenbelt or Boise River area ADOPTED by the Eagle Planning and zoning Commission of the City of Eagle, Idaho this ~ day of March, 1995. APPROVED: ATTEST: Bert Bradley, Chairman Planning and Zoning Commission Mary Berent, City Planner City of Eagle On March 28, 1995, the Eagle City Council held a public hearing to consider the application of Chaumont Subdivision. The Eagle City Council concludes that the application should be approved based on the fact that the application proves no hardship on the public or surrounding property owners. The granting of the application does not violate the Idaho Code nor nullify the interests or purposes of the Eagle City code. The application is therefore approved with the conditions recommended by Planning and zoning and the following conditions: 1. 2. A water company franchise agreement with the City. Landscape and pathway committee approval. ADOPTED by the Eagle City Council of the City of Eagle, Idaho this 11th day of April, 1995. Approve: Attest: ~~ Steve Guerber, Mayor City of Eagle 9