Findings - PZ - 1995 - Zoning R2, floodplain&preliminary plat - Streamside Subdivision Rezone To R2, Floodplain,Pp
CITY OF EAGLE
ORIGINAL
IN THE ~TTER OF
AN APPLICATION FOR
STREAMSIDE SUBDIVISION
AN APPLICATION FOR
ZONING, FLOODPLAIN AND
A SUBDIVISION,
PRELIMINARY PLAT,
BY WILLIAM SELVAGE
)
)
)
)
)
)
)
)
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On March 20,1995, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, William Selvage,
the applicant and Dave Powell of Toothman-Orton Engineering,
Engineer for the applicant, came before the Eagle Planning and
Zoning Commission, for the City of Eagle, Idaho, requesting
approval for floodplain, rezoning (R2) and a subdivision
preliminary plat. This subdivision is located on the south side of
the south channel of the Boise River approximately 1/4 mile west of
Eagle Road. 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:
Army COrDS of EnQ'ineers: September 2, 1994: Robert Flowers,
Regulatory proj ect Manager, "Based on the applicant's plans,
submitted with your review packet and several site investigations
that I have made in regard to the above referenced proj ect, it
appears that the project will require a Department of the Army
Permit.
Armv COrDS of Engineers: 12/21/94: Notice of Application for
Permit for certain work in waters of the United States. The
applicant (Streamside) seeks a dept. of the Army permit to
discharge dredged and fill material to construct a roadway and
underground utility system to serve the proposed Streamside
Subdivision, a 52-acre 59-lot single family residential
subdivision. The proposed project will connect with Eagle Road via
a roadway to be constructed in adjacent, off-site uplands with one
crossing of the South Slough. The project will impact
approximately 325 linear feet of wetland. Approximately 190 cubic
yards of fill material will be placed into the South Slough for
1
installation of a 36" X 58" arched culvert crossing approximately
54 feet in width and 70 feet in length.
The application goes on to describe construction techniques and
specifications.
Army COrDS of EnQ'ineers: January 18, 1995 a permit was issued to
the developer for a sewer crossing of both the north and south
channel of the Boise River and adjacent wetlands. Environmental
assessments and statement of findings are available upon written
request.
US Dept of Interior. Fish and Wildlife Service: 3/8/95, "The
Service has been involved with this proj ect. 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 development
and maintenance of fish and wildlife values. This was achieved
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. "
Eaqle Pathway Committee ReDort: 3/9/95, "Minimum setback for all
structures and/or parking areas shall be seventy (70) feet
(measured horizontally) from the high water line (a stream flow of
6,500 c.f.s. as determined by the Department of Water Resources) of
the Boise River. Pathways will be required by the City of Eagle
within the 70 ft. The pathway (multi-use trail) must provide a 25
feet easement, 10 feet of which shall be paved."
St. of Idaho DeDt. of Water Resources: Specific Comments 3/9/95,
"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 we1l(s) 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.
CENTRAL DISTRICT HEALTH: 2/27/95¡ "After written approval from
appropriate entities are submitted, we can approve this 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."
2
STORMWATER MANAGEMENT RECOMMENDATIONS
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, State of
Washington Department of Ecology, February 1992.
2. ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT.
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.
ADA COUNTY ASSESSOR: 3/2/95, Assessor's office points out the lack
of access to this parcel in the legal description **Note the access
easement agreement.
Idaho Fish and Game: 3/3/95, liThe Cottonwood riparian forest and
wetlands associated with the Boise River are some of the most
critical habitats available for fish and wildlife in the Treasure
Valley Area. Unfortunately, development has affected a significant
amount of the total available habitat near the Boise River forcing
wildlife into more restricted, and less suitable areas. While it
is sometimes very difficult to assess impacts from individual
projects, we have observed significant adverse impacts of a
cumulative basis on fish and wildlife habitats."
EAGLE FIRE DEPT.: 3/2/95:
1. Street signs shall be up prior to building homes.
2. Fire apparatus access roads shall comply with Art. 10-Did 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 s ft shall be 1,000 gal per
minute. Fire flow and flow duration for dwellings having a fire
area in excess of 3,600 s. 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.
The fire-flow for buildings other than one and two family dwellings
3
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
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."
EAGLE SEWER DIST.: 3/15/95, via phone with Lynne Sedlacek,
Streamside has been annexed into the sewer district and will be
served. 3/16/95 Streamside was annexed into the Sewer District on
March 13, 1995. "This development will require the construction of
a major trunkline that will extend from the Hoff property (below
Banbury) across both channels of the Boise River to our trunkline
at the end of Riverview Street." The line will require a lift
station and several hundred feet of pressurized line.
DEQ; 9/21/94, Joy Palmer, Regional Administrator: ".. .Sewer,
water, and pressurized irrigation system plans must be submitted to
DEQ for review and approval prior to construction...the central
water system will be considered a public system. The system will
require dual source wells with deeded well lots, which must be
protected from potential sources of contamination. The well sites
and construction plans for production equipment, well houses,
storage facilities, etc. must also be submitted to DEQ for approval
prior to construction."
Meridian School District: 2/24/95: The Dist. can predict when
completed, this subdivision will house 19 elementary aged children,
14 middle school aged children and 13 senior high aged students.
At the present time Eagle Hills Elementary is 131% at capacity.
The District is not opposed to growth, however this subdivision
will cause increased overcrowding in all three schools. There is
little opportunity to shift attendance boundaries since the
surrounding schools are also well over capacity. The cost per
student for newly constructed schools, excluding site purchase
price and offsite improvements, exceeds $5,000 per elementary
student and $10,000 per middle or high school student. The
District asks for your help in dealing with the impact of growth on
schools.
Ada County: 3/2/95: Ada County Street Name Approval committee
approved: N. Sedge Avenue, W. Bankside Drive, and W. Bogus View
Court, W. Bogus View Drive.
2.
There was no written testimony regarding this proposal.
3.
Oral testimony from Jim Wroten and Harold Westover was in
favor of the proposal.
CONCLUSION
The Commission concludes that the application for floodplain
rezoning (R2), and preliminary plat for Streamside Subdivision is
consistent with the intent and purpose of the Idaho State Code,
4
1993 Eagle Comprehensive Plan and Eagle City Codes, specifically,
67-6509, and City Code, 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
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 Zoning 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 floodplain, rezoning (R2) and
a subdivision preliminary plat for Streamside Subdivision with
the following conditions:
1.
the approval of FEMA in removing the portion of the
project that is in the floodplain/floodway.
restrict the emergency access to Eagle Road.
with an access pathway to the river.
lot 22 shall have access only by the cuI de sac.
Meet the pathway requirements and City of Eagle Standard
conditions of approval for subdivisions.
2.
3.
4.
5.
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
5
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
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 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 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.
6
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 del i very sys tem and approved by a
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 Eagle 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
7
10.
11.
12.
13.
14.
15.
16.
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 platlt.
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.
Developers and lor owner shall delineate on the face of the
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 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
8
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
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
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.****
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 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
9
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)
28.
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.
29.
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
guarantee can also be a cash deposit, certified check,
negotiable bond or bank letter of credit.
****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 April, 1995.
APPROVED:
ATTEST:
Bert Bradley, Chairman
Planning and Zoning Commission
Mary Berent, City Planner
City of Eagle
10
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
before Eagle Planning and Zoning Commission regarding Streamside
Subdivision application for a rezone from A to R2, Floodplain, and
subdivision preliminary plat heard by Eagle City Council on May 23,
1995, are hereby adopted by the Eagle City Council with the
following additional conditions:
-- the final plat have depicted on it specific building envelopes
for future construction, and be established in such a way that the
riparian easement and that sensitive area is not adversely
affected.
-- Fireplaces and stoves must meet EPA emission standards.
DATED this 13 day of June 1995.
Steve Guerber, Mayor
City of Eagle
11