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Findings - PZ - 1995 - Preliminary Plat No. 7&8 Cluster housing - Lh 7&8 Cluster Housing In Pud/62 Lots/R4 CITY OF EAGLE IN THE MATTER OF AN APPLICATION FOR LEXINGTON HILLS NO.7 & NO.8 SUBDIVISION FOR SUBDIVISION PRELIMINARY PLAT by LEXINGTON HILLS, INC. ) ) ) ) ) ) ) FINDINGS OF FACTS & CONCLUSIONS OF LAW On October 2, 1995, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Dave Roylance, representing the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a subdivision preliminary plat. This subdivision is located on the north side of Floating Feather Road between N. Parkforest and N. Seven Oaks in Eagle, Idaho. The proposal is for a preliminary plat application for Lexington Hills No.7 and 8,Cluster Housing, in an existing PUD, 62 lots on 13.97 acres for a gross density of 4.43 lots per acre in two separate areas in an existing R4 zone. 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. On October 2, 1995, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. Concerns of the public: An understanding that the cluster portion would be single level patio or retirement homes. Opposition to 2 story homes on small lots. Jim Borton: opposed Chuck Bower: questions only Georgia Mackley: in favor Sandra McMullen: opposed Pamela Dillon: opposed 2. The records in this matter indicate all notices, and 1 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 recei ved in the City Clerk's office from those entities. Those responses are as follows: RESPONSES RECEIVED FROM ENTITIES Eagle Fire District: 9/28/95, Before the development plans are approved, the following conditions shall be met: 1. street signs shall be up prior to building homes. 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. 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. 4. The average spacing between hydrants shall not exceed that listed on table A-111-B-1-, 1991 UFC Eaale Sewer District: 10/2/95, "All of the Lexington Hills property is within our planning area, and has been annexed into our service boundaries. There are sewer lines in the area with adequate capacity to serve these two additional phases of Lexington Hills. With the problems we have experienced in getting our expansion plans approved through Ada County, I am uncertain if Eagle Sewer District will approve any additional sewer construction plans. At last month's meeting, the District tabled the Chaumont Subdivision plans pending a positive response from Ada County on our Completion Project. The District has since received the "go-ahead" on the Completion Project. Bid openings are scheduled for October 19. The Rapid Infiltration Basins will be discussed at our October 9 meeting. We will also be discussing whether or not we will continue to approve annexation request and issue plan approvals. As soon as a decision is made, we will notify the City. Central District Health: 9/20/95 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage. 2 . 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 top create a mosquito breeding problem. Stormwater management criteria are recommended. . . The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: TITLE 9-SUBDIVISIONS 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: Title 9-Land Subdivisions: 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 wi thin 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: QI: 2. The unnecessary imposition of an excessive expenditure of public funds for the supply of such services: or F. The requirements as to the extent and the manner in which: 1. roads shall be created, improved and maintained; and 2. water and sewer and other utility mains, piping 3 connection, or other facilities shall be installed G. The manner and form of making and filing of any plats; and H. The administration of these regulations by defining the powers and duties of approving authorities. 9-2-3: Preliminary Plat Procedures 9-2-4: Final Plat Procedures 9-3-1: Design standards A. Street location and arrangements: When an official street plan or comprehensive development plan has been adopted, subdivision streets shall conform to such plans B. Minor Streets: Minor streets shall be so arranged as to discourage their use by through traffic C. Stub streets: Where adjoining areas are not subdivided the arrangement of streets in the new subdivisions shall be such that said streets extend to the boundary line of the tract to make provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-sac or temporary cul-de-sac. D. Relation to Topography: Streets shall be arranged in proper relation to topography so as to result in usable lots, ---- E. Alleys:--- F. Frontage Roads:--- G. Cul-De-Sac Streets: shall not be more than 500 ft. in length and shall terminate with an adequate turnaround having a minimum radius of 50 ft. for right-of-way H. Half Streets:--- I. Private Streets: shall be prohibited--- J. Driveways: Providing access to no more than 2 dwelling units shall be allowed. 9-3-7: Planting strips and reserve strips standards a. planting strips shall be required to be placed next to the incompatible features such as highways, railroads, commercial or industrial uses to screen--shall be a minimum of 20 ft. wide and not part of the normal street right-of-way or utility easement. 9-4-1: Required improvements, 9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and specs of ACHD 4 9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall be constructed on collector and arterial streets 9-4-1-4: STREET SIGNS: Street name signs shall be installed in the appropriate locations at each street intersection in accordance w/local standards. 9-4-1-5: STREET LIGHTS: All street area of impact shall be required to expense, street lights in accordance standards at location designated representative----. subdividers w/I the City and install, at the subdividers' with City specifications and by the Administrator, or 9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be required on both sides of the street; except, that where the average width of lots as measured at the street frontage line or at the building setback line, is over 100', sidewalks on only one side of the street may be allowed. PEDESTRIAN WALKWAYS: when required, shall have easements at least 10' in width and include a paved walk at least 5' in width. 9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public right-of-way or separate easement as may be specified by the City Council. 9-4-1-8: UNDERGROUND UTILITIES: are required 9-4-1-12: Greenbelt Areas, landscaping screening 9-4-2-2: Guarantee of improvements a. Performance bond b. Cash deposit 9-5-4-4: Control during development, time limit POLICIES AND GOALS Community Design 1. To establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle. This includes growth within the Impact Area that discourages or precludes the establishment of other City centers. 2. The City limits shall be that area as defined by the Land Use Designation Map. 5 3. The design of the Commercial Zones, consisting largely of government, commercial, manufacturing areas, and community buildings shall conform to City Ordinances. 4. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, open space recreational area and for agricultural uses. 5. The City Design Review Ordinance shall set forth criteria for building design, landscaping, signage and other aesthetic standards. Development along state Street within the Impact Land Use Medium Density Residential Suitable primarily for single family residential development within an urbanized setting. Appropriate residential densities are 4 dwelling units or fewer per gross acre. POLICIES AND GOALS 1. To preserve the rural transitional identity. 2. To preserve the natural features and resources of Eagle. 3. To establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire protection, recreational areas, highways and transportation systems. 4.To promote compatibility between zoning districts. 5.To promote commercial service and retail development within the Central Business District, an area bordering on State Street between Edgewood Lane and Ballantyne Lane and the State Highway 44 alternate route and State Street. 6. To discourage strip commercial type development along the length of major and minor arterials and collectors within the City. 7. To encourage location of a major retail center within the City's Central Business District (as defined by item 5). 8. To encourage commercial development at or near the intersection of State Highway 55 alternate route and State 6 Highway 44 that will serve the traveling motorist and public such as hotels, motels and restaurants and will complement rather than compete with the downtown service and retail establishments. 9. To identify as a Special Area due to its historic, architectural and scenic significance the State Street corridor between Old State Highway 55 and Ballantyne Lane and Eagle Road between State Highway 44 alternate route and State Street. Properties which abut State Street or are within 300 feet of the State Street right-of-way shall be considered part of this special area. 10. To identify the Central Business District as a Special Area due to its historic significance and to conduct evaluations to determine the feasibility of pursuing Certified Local Government (CLG) status in order to qualify for federal and state historic preservation grants and funds. 11. To identify the foothills, the Dry Creek Floodplain and the Boise River Floodplain as Special Areas due to its environmental and scenic significance. 12. To create special development and design review standards for properties characterized by a Special Area designation. Special Areas shall be given consideration for a Planned Unit Development (PUD) zoning classification. 13. To allow the development of businesses and professional services within the City in a manner that is commensurate with the needs of community residents. 14. To require commercial development within the City and the Impact Area to satisfy community design standards and objectives and reflect a design that is in harmony with established residential development. 15. To encourage industrial development generally on the south side of State Street. Such development shall be limited to light industry, technical parks and other compatible industrial uses. 16. To assess and consider factors such as public services, environmental and social impacts when evaluating proposals for industrial projects and development. 17. To require industrial development to adhere to state and federal laws with respect to air and water quality. 18. To preclude industrial developments that may overburden public services and facilities causing increased public 7 expenditures unless the industry pays its proportionate share of costs of related services. 19. To conduct an assessment of existing industrial zoning district classifications in the City for purposes of considering the addition of an I-P (Industrial Park) district in conjunction with the deletion or modification of the existing M-2 (Heavy Manufacturing) district and M-3 (Extractive Manufacturing) district. 20. To provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single family attached, affordable and subsidized housing and large acreage developments. 21. To establish categories of residential land use based upon a range of possible residential densities. Residential density within a land use category may vary within the prescribed range from project to project depending upon individual circumstances and property characteristics such as topography, environmental issues, design and land use compatibility. Residential density shall be based on the number of residential dwelling units per gross acre as defined in the Eagle Zoning Ordinance. 22. To encourage clustering and density transfer techniques to provide for recreational opportunities and for the preservation and acquisition of open space as part of Planned Unit Developments. Plats involving ten or more lots are encouraged to file such requests as part of a Planned Unit Development. Density shall be calculated on a gross basis by dividing the number of acres in the plat by the proposed number of dwelling units. SEWER SUPPLY All new developments of five or more lots, or development tracts that will entail five or more lots upon completion with densities of more than three single family units per five acres, (at least one unit per 1.67), and all large commercial/industrial developments shall be required to: (A) be connected to a central sewer system. A central sewer system shall be defined as a collection of sanitary sewer lines that connect all users to a central treatment plant. All sewer systems must meet Central District Health standards. CITY OF EAGLE STANDARD CONDITIONS 8 amended: 1-95 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 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 9 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 hydrant locations, Minimum flow per hydrant shall be gallons per minute for one and two family dwelling. Dwellings having a fire area in excess of 3,600 sq ft be required to have 1,500 gallons per minute. fire 1000 shall 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, concerning irrigation rights, transfer and disclosure. 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 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 10 10. 11. 12. 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". 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/or 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. 11 13. 14. 15. 16. 17. 18. 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 project for service, prior to signing of the final plat by the City Engineer (B.C.C. 9-20-8.4) No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or 'changing has first been approved in writing by the entity. A Registered Engineer should certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to signing of the final plat by the City Engineer. 12 19. 20. 21. 22. 23. 24. 25. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved by the Eagle City Pathway/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 Eagle City Pathway/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.**** 26. Basements in homes in the flood plain will be prohibited.***** 27. 28. 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/Landscaping Committee shall review and 13 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. 30. street improvements on state st. and/or Eagle Rd. will be required as outlined in ECC (8-3-6). Sidewalks should be concrete. CONCLUSION The Commission concludes that the application for Lexington Hills No.7 & 8 Subdivision is consistent with the intent and purpose of the Idaho State Code, the Eagle Comprehensive Plan and Eagle City Codes. The proposed development is appropriate and follows the orderly development of the City and protects the health, safety and welfare of the citizens of Eagle and is in accordance with the 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 14 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 subdivision preliminary plat for Lexington Hills No.7 & 8 Subdivision be approved with the standard conditions and the following: 1. Lots #15, 18, 19 abutting Floating Feather Road are to be single story homes 2. Frontage of lots 10, 11, 14, 15, & 22 meet the minimum frontage requirements of 35 ft. 3. 25 ft. setback from the north side of the properties abutting existing property owners 4. 7~ ft. side setback on single story homes and a 10 ft. setback on 2 story homes 5. Standard subdivision requirements 6. Lots 2-10 are only single story on Floating Feather 7. A path provided within the subdivision to go to the school, with the school officials approval, in phase #8. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this 16th day of October, 1994. APPROVED: ATTEST: Bert Bradley Planning and Zoning Commission Barbara Montgomery City of Eagle THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding the subdi vision preliminary plat for Lexington Hills Phase 7 & 8, presented and adopted by the Eagle Planning and Zoning on October 16, 1995, are hereby adopted by the Eagle City Council with the following conditions: 1. Requirements of the City Standard Subdivision Conditions of Approval, with the exception of 15 those conditions in conflict with this motion. 2. 25 ft set back on the north side of the property and on the east side of the property of phase #7 and that all the houses on the north (Shalimar) and east (Ellington) will be single level homes. 3. A path be provided within the subdivision to go to the school, with the school officials approval, in phase #7 and #8. 4. That the side setbacks be 5 ft. f or single story and 7 Y:z ft. for 2 story homes, that the rear setbacks be a minimum of 15 ft, the front setbacks, except with the garage area and driveway which will be 25 ft, be 15 ft. setbacks. 5. All ACHD conditions be complied with as well as all other agency requirements.. DATED this 28th day of November , 1995 Approve: Attest: Steve Guerber, Mayor City of Eagle a{bira"Mp~tgp , €i& ôf.EagK:" ~J QJL ~ ',. , ',.-'- '. .'", ,': '.,'-' 16