Findings - CC - 1995 - Annex/rezone A to R5/Lot split/PPPUD - 10.85 Acres/Rezone Of 17.45 A To R5/Lot Split
CITY OF EAGLE
IN THE MATTER OF HARVEY HOFF
APPLICATION FOR ANNEXATION, REZONE
LOT SPLIT, PRELIMINARY PLAT & PUD
FINDINGS OF FACT &
CONCLUSIONS OF LAW
This matter having come before the Eagle City Council on May 9
1995, pursuant to public notice and hearing procedures set forth in
Section 67-6509, Idaho Code, and there being present owner and
applicant Harvey Hoff and Dick Phillips representing Mr. Hoff and
Roy Johnson, engineer for the project requesting an approval of
applications for annexation of 10.85 acres, rezone of 17.45 acres
(A to R5), a lot split application to rectify an illegal existing
lot split, subdivision consisting of 344 lots on a total of 291
acres for a gross density of 1.18 dwellings per acre and PUD to
include a golf course with clubhouse.
FINDINGS OF FACT
Having given due consideration to the applications and evidence
presented, the Eagle City Council hereby makes the following
findings of fact:
1. That on MaX 9, 1995, a public meeting was conducted by
the Eagle City Councll. The records in this matter indicate all
notices and publications occurred as required by law for such
hearing.
2. That the development as proposed will be on the west side
of Eagle Road approximately 1/4 mile north of Chinden Boulevard.
The existing zoning of the subject property is: (R5) 262.7 acres;
(A) 17.45 acres; area to be annexed and zoned 10.85 acres. The
rezone of 17.45 and the annexation and zoning to R5 of 10.85 acres
would bring the zoning of the total 291 acres to R5.
3. That the existing land use in the area is presently
residential, and agriculture. The proj ect is bounded by Eagle Road
to the east, Banbury subdivision, residential to the south, and
agricultural to the west and north. A portion of the land to the
west is zoned R1, but under agricultural use.
4. That the records reflect that in response to the notice
of the public hearing sent to relevant public entities, including
Ada County Highway District, Idaho State Transportation Department,
Idaho Power and others. The City was advised by said entities that
subject to certain conditions there was no objection to the zone
change. The following comments were received:
City of Boise: 5/1/95: William Ancell, Public Works Director; an
excerpt: " . . . The City of Boise owns approximately 190 acres in
this area which we acquired several years ago as a location for a
wastewater treatment plant...
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. .In order to have the insurance of adequate facilities, we need
the assurance that adequate land will be available to provide for
the facilities. To allow development of homes across the street
from this property can only serve to set up a confrontation in the
future when the treatment facilities have to be expanded on the
western portion of Boise's property. Al though our consultants have
recommended that we not allow houses within a quarter mile of our
site, we have worked with the City of Eagle and developers on a
proposal that would allow residential lots abutting our property
with a 400 foot setback for treatment units. Doing so was a
significant concession of the part of the City, made possible
largely because of the additional property that the City would have
obtained in the proposed land trade.
We are still willing to abide by the distances that had been
proposed for that agreement and we call upon you to deny any
proposal that would allow residential lots any closer than 400 feet
to treatment units on a property owned by Boise City for treatment
plant purposes. In this case, that would mean not allowing
residential development on Lots 1, 2, 3, and 4 of the proposed
subdivision.... ."
ACHD: 3/23/95, Lengthy comments were received from ACHD as a
result of their technical review of the proposal on March 20. See
the complete write up attached to this staff report.
Division of Environmental Quality: 3/16/95, an excerpt: " . . it is
our understanding that water wlll be supplied from a community
system, and sewer service will be provided by the Eagle Sewer
District. The development might include a pressurized irrigation
system. Plans for sewer, water, and pressurized irrigation must be
submitted to DEQ for review and approval prior to construction.
Under the" Idaho Rules for Public Drinking Water Systems", the
central water system will be considered a public system. The
system will require dual source wills and deeded well lots, which
must be protected from potential sources of contamination. Well
sites must be approved by DEQ prior to drilling, and construction
plans for production equipment, well houses, storage facilities,
etc. must also be submitted to DEQ for approval prior to
construction.
Based on our experience with small water systems, we recommend that
the developer attempt to connect to a commercial water system, if
possible. If no company can serve the project, we recommend that
the developer submit a "viability" analysis for the water system,
to project operating, maintenance, and replacement costs, which
typically are borne by aa homeowners' association. Homeowners
should be aware that monitoring and reporting requirements are
expensive, and that operating and maintenance costs can be
significant."
Department of the Armv: 1/25/95: an excerpt: "Based on our review
of the preliminary plat, there are at least four roadway crossings
and associated utility lines crossings of wetlands that would
require approval from this office. Further, several of the tee off
boxes, fairways and putting greens appear to encroach into wetlands
which also would require approval."
FE~: 2/1/95: FEMA recommends the developer show the floodway and
floodplain boundaries on the plat. FEMA: 4/10/95, by phone with
Marcia Melvin: "The floodway area should be marked when grading is
being done in the area to avoid accidentally disturbing materials
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within the floodway.
the floodway."
Ada County Assessor: 1/27/95, comments: All riverfront property
may not be covered by disclaimer at 7721380. will Golf Course
require a separate legal description?
US DeDt of Interior. Fish and Wildlife Service: 3/8/95, "The
Service has been involved with this project. The applicant's
representative, Bill Selvage, sought input from this agency and
others early in the planning process and we have visited the site
with him several times. We believe that the present proposal
reflects a reasonable compromise between residential develo~ment
and maintenance of fish and wildlife values. This was achleved
through low building densities and setbacks from riparian and
wetland areas. The Service understands that the project proponent
will seek all assurances possible to protect the natural qualities
of the protected riparian and wetland areas. This was to be done
by recording the agreed-to riparian setback boundary on the plat or
deeds for lots; Between that boundary and the river (or wetland
area), no construction or alteration of natural vegetation is to
occur. We encourage the City of Eagle to use whatever mechanisms
are available to you to assure these protective measures are
recorded. "
St. of Idaho DeDt. of Water Resources: 3/9/95, "The Banbury
Meadows plan indicates a larger development for homes, assumed
yards and a golf course. The above comments for the Streamside
Subdivision also apply to the Banbury proposal. It should be noted
that the drought moratorium will not allow irrigation of maj or
parcels such as a golf course with a new water ri~ht. W new $olf
course could only be irrigated via an existing rlght which mlght
involve the Amendment or Transfer option previously noted.
"The Streamside Subdivision proposal indicates a number of homes
and (assumed) yards plus at least one pond near the Boise River.
A new water right is needed if a community welles) is to be drilled
for domestic (in-house) and/or irrigation (yard) use. Due to the
drought moratorium restricting approval of some but not all new
water rights in the Boise River drainage, a community well water
right will be limited to in-house use plus up to one-half acre of
irrigation per home. No common areas or parks etc. can be included
in the new water usage.
Construction of a pond (s) might be problematic under the moratorium
terms. The developer should contact this office to determine if
new pond development can be authorized under an existing or new
water right.
U.S. DeDt of the Interior. Fish and Wildlife Service: 3/8/95, "We
have been provided with a copy of the wetland delineation for this
project, and we have discussed potential impacts of a subdivision
and golf course with Chris Korte, representative of the applicant.
However, we are not familiar with the specific proposal or with
specific potential impacts from it. Generally speaking, we
recommend wide buffers of riparian vegetation between housing and
the river and wetland areas, and we suggest low building densities
adjacent to riparian habitat."
EAGLE FIRE DEPT. 1/23/95:
Local ordinances do not permit building in
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" hlgh in accordance with Fire codes.
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2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFO, this section covers width and turn-abounds.
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
more per house) may be
a. ponds and frost free draft hydrants,
b. underground storage tanks fed by larger home domestic
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
UFO.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFO
Central District Health: 2/27/95; "After written ap~roval from
appropriate entities are submitted, we can approve thlS proposal
for central sewage. The following plans must be submitted to and
approved by the Idaho Department of Health and Welfare, Division of
Environmental Quality: Central Sewage and Central Water. Street
runoff is not to create a mosquito breeding problem."
STORMWATER MANAGEMENT RECOMMENDATIONS
acres or
wells
We recommend that the first one half inch of stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that
is preventing groundwater and surface water degradation. Manuals
that could be used for guidance are:
1. STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND,
Washington Department of Ecology, February 1992.
2. ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT.
State of
3. CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp
Dresser and McKee, Larry Walker Assoc. for the Stormwater Quality
Task Force.
4. URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management
Practices, Stormwater Quality, Urban Drainage and Flood Control
District, Denver, Colorado.
Stormwater management recommendations are to be followed.
This is an area of shallow groundwater. An appropriate best
management practice should be used. 4/19/95, Reiterated comments.
Meridian School District: 1/25/95: The Dist. can predict when
completed, this subdivision will house 102 elementary aged
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children, 85 middle school aged children and 105 senior high aged
students. At the present time Eagle Hills Elementary is 131% at
capacity. The District is not opposed to growth, but this
development will cause increased overcrowding in all 3 schools.
Before the District could support this subdivision, they would need
land dedicated to the district or made available at a mlnimum price
for a school site, with water and sewer capacity. Another bond
would need to pass for construction of schools. The District asks
for your help in dealing with the impact of growth on schools.
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." Idaho Power: 3/10/95, "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." 4/27/95: Letter referring to the location of a
138kV power line. Eagle Road is an alternate route for this line
(primary location is along Cloverdale, north over the river to Hwy.
44). Idaho Power has no objection so long as an appropriate 25
foot setback for possible easements are included for the possible
line corridor.
EaQ'le Sewer District: 2/13/95, "The majority of the Banbury Meadows
property is within Eagle Sewer District's Planning Area. A small
portion lies outside the Planning Area's west boundary. The
portion within the Planning Boundary has been annexed into our
district, and it is our intention to serve this portion of the
project as soon as the easements are secured and the sewer line is
installed. Eagle Sewer District is in the process of reviewing our
planning boundaries for possible adjustment and/or expansion. If
the Board deems that the planning boundaries can be expanded, we
will be reviewing the District as a whole and will most likely
establish guidelines under which certain properties may be brought
into the modified planning area. It is anticipated that the
remaining portion of the Banbury Meadows property would be reviewed
for inclusion."
4/17/95, "A small portion of Harvey Hoff's Banbury Meadows, and all
of the Canfield property, are located outside our district's
Planning Area. When Mrs. Canfield called our office to discuss a
sewer stubout to their property, I explained that our office does
not have the authority to make such a demand.
Even if the district does agree to serve all of Hoff's property, it
is uncertain if the Canfield property would also be granted
service. Canfield's property is farther west than Banbury Meadows,
and would require another liftstation be added to the sewer line.
The double liftstation predicament is exactly what our district is
trying to avoid.
The District is still reviewing our options on serving property
located outside the planning area. If we were to decide to serve
both Hoff and Canfield with either out of District contracts of by
a modification to the planning boundary, then we could require Hoff
to provide both a sewer access point and a stubout to the Canfield
propert:y.
Our offlce will take Mr. Canfield's request under advisement
work through the dilemma of out of district service requests.
we make our decision, the City will be advised immediately."
Sedlacek.
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as we
When
Lynne
5. That the applicant presented testimony and drawings
depicting the proposed subdivision, golf course and clubhouse.
The drawings and exhibits presented by applicant are hereby
incorporated by reference into these factual findings.
6. That testimony was presented by the following neighboring
property owners:
4/17/95: Mark Canfield, Letter requests that sewer be stubbed to
his 45 acres adjacent to Banbury Meadows on the West. Se also
Eagle Sewer District letter 4/18/95 regarding this issue.
4/24/95: Andrew Lee, Letter opposing Banbury Meadows with the
following concerns: No open/common space devoted to children, the
stream and its wildlife inhabitants are in environmental danger
from golf course runoff, traffic impacts on both Locust Grove and
Eagle Roads.
1/11/95: Mark Canfield, Property owner to the west of the proposed
Banbury Meadows is requesting street access so his 50 acres will
not become landlocked by this pro~osal.
3/20/95: Charles and Molly Schnelder, in favor.
Petition signed by 15 people stating: "I will be unable to attend
the March 20, 1995 Planning and Zoning meeting concerning the
Banbury Meadows Golf Course and residential proposed planned unit
development. I have seen thee plan and after reviewing it with the
developers, wish to express my approval of the concept including
the 18 hole golf course, club house, and residential development of
not more than 1.17 /acre density phased over approximately 6-7
years.
5/9/95: Brenda Hoopes Daily, in favor.
5/9/95: Submitted by John McCreedy, Attorney for George and
Pauline Dillard from Glen Spottswood, appraiser; Information
leading to the appraiser's conclusion that the retail value of the
Dillard's property would be reduced by 25% as a result of this
proposed development. Also a page outlining the conditions the
Dillards would consider acceptable.
7. That the standards used in evaluating the application are in
the following sections of the Eagle City Code and Comprehensive
Plan.
ZONING DISTRICTS
8-2-1:
Districts established:
8-6:
R RESIDENTIAL DISTRICT: to provide regulations
and districts for various residential
neighborhoods. Density in an R District shall be
determined according to the numeral following the
R. The numeral designates the maximum number of
dwelling units per acre. Centralized water and
sewer facilities are required in all districts
exceeding one dwelling unit per acre (R1).
PLANNED UNIT DEVELOPMENTS:
8-6-1: PURPOSE: It shall be the policy to guide a major
development of land and construction by encouraging planned
unit development (PUD) to achieve the following:
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A. A maximum choice of living environments by allowing a
variety of housing and building types and permitting an
increased density per acre and a reduction in lot dimensions,
yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas
and, if permitted as part of the project, more convenience in
the location of accessory commercial uses, industrial uses and
services;
C. A development pattern which preserves and utilizes natural
topography and geologic features, scenic vistas, trees and
other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved
through conventional development resulting in substantial
savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density,
transportation and community facilities objectives of the
Comprehensive Plan.
8-6-2-B:
8-6-5-5:
PUD's are also subject to requirements set forth in
Chapter 2, (A)-DESIGN REVIEW, and TITLE 10, CHAPTER 1-
FLOOD CONTROL AND TITLE 9-SUBDIVISION.
ARRANGEMENT OF COMMERCIAL USES: When PUDs include
commercial uses, commercial buildings and establishment
shall be planned as groups having common parking areas
and common ingress and egress points in order to reduce
the number of potential accident locations at
intersections. Planting screens or fences shall be
provided on the perimeter of the commercial areas
abutting residential areas.
The plan of the project shall provide for the integrated
and harmonious design of buildings, and for adequate and
properly arranged facilities for internal traffic
circulation, landscaping and such other features and
facilities as may be necessary to make the project
attractive and efficient from the standpoint of the
adjoining and surrounding noncommercial areas.
All areas designed for future expansion or not intended
for immediate improvement or development shall be
landscaped or otherwise maintained in the neat and
orderly manner.
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions of
highways lying wholly or partially within the annexed area.
67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
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67-6509: NOTICE PROCEDURES
EAGLE CITY CODE:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided 0 platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever he owner or his agent on such
contiguous and adjacent lands hall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the same, by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
Title 9-Land Subdivisions:
1-10-2:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the
public health, safety and general welfare, and to
provide for:
A. The harmonious development of the City and its
area of impact;
B. The coordination of streets and roads within a
subdivision with other existing or planned streets
and roads;
C. Adequate open space for travel, light air and
recreation;
D. Adequate transportation, water drainage and
sanitary facilities;
E. The avoidance of the scattered subdivision of
land that would result in either of the following:
1. The lack of water supply sewer service.
drainage. transportation or other public
services: or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services: or
F. The requirements as to the extend and the manner
in which:
1. roads shall be created, improved
and maintained; and
2. water and sewer and other utility
mains, piping connection, or other
facilitles shall be installed
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G. The manner and form of making and filing of any
plats; and
H. The administration of
defining the powers and
authorities.
these regulations by
duties of approving
EAGLE COMPREHENSIVE PLAN
LAND USE DESIGNATION MAP: Low Density Residential: Suitable
primarily for single family residential development within areas
that are rural in character, possess significant ph¥sical
characteristics, are environmentally sensitive and are withln the
Urban Services Area. Appropriate residential densities are 2
dwelling units or fewer per gross acre.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
develo~ment shall be required to meet minimum design standards as
specifled by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan.
CONCLUSIONS OF LAW
Based upon the foregoing findings,
concludes as follows:
the Eagle City Council
1. The Eagle Comprehensive Plan calls for low densities in
this area and the proposed subdivision is in agreement with the
plan. The golf course is a facility that will provide recreation
and will be aesthetically acceptable to the property owners
overlooking this proposed development.
2. That the proposed zone change is in harmon:y with the
general purpose of the City's Comprehensive Plan and ordlnances and
will not be otherwise detrimental to the public health, safety and
welfare.
3. That the rezone is in accordance with the Comprehensive
Plan and ordinances and will not be otherwise detrimental to the
public health, safety and welfare and for the foregoing reasons,
will allow for organized development of the community and
maintenance of a development pattern and design in keeping with the
rural transitional identity of Eagle.
RECOMMENDATION
Based upon the foregoing findings of facts and conclusions of
law, the Eagle City Council recommends that the application be
approved with the following conditions:
1.
2.
Eagle Standard Subdivision Conditions of Approval
Eagle P&Z Commission conditions
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The Dillards' and Developer are to develop a plan. The
mitigation efforts are to be presented at the first meeting in
June (June 13).
A recommendation to the sewer district to address and consider
stub outs (access) in this particular area
ADOPTED by the City Council of the City of Eagle, Idaho.
3.
4.
This 23rd day of May, 1995.
APPROVED:
~~
Steve Guerber, Mayor
City of Eagle
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