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
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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.
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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
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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
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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
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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
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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
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