Findings - PZ - 1991 - Rezone - Pp/Rezone From 3 To R5
3.
CITY OF EAGLE
IN THE MATTER OF
TRAIL CREEK RANCH SUBDIVISION
AN APPLICATION FOR A
SUBDIVISION-REZONE
)
)
)
)
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On March 4, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Sections 8 and 9, Eagle City Code, Treasure Valley Ltd., (Bill
Guhrke) owners of the Trail Creek Ranch property, the applicant,
came before the Eagle Planning and Zoning for the City of Eagle,
Idaho, requesting approval of a consolidated application for (1)
a subdivision preliminary plat, (2) a rezone of the property from
Commercial (C3) to Residential (5), 5 units per acre.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle 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
relevant public entities, including Central District
Health, Eagle Sewer District, Idaho State Transportation
Dept., Meridian School District, Eagle Water Co., Eagle Fire
Dept., Idaho Power, and Ada County Development Services.
The City was advised by said entities that subject to
certain conditions there was no objection to the
establishment of the proposed development. Eagle Water Co.
protested the development unless it was required to be
served by the company.
2.
On January 28, 1991, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was
presented by neighborhood property owners that the proposed
development may have an adverse impact upon the corridor to
the Highway 55 alignment; that waste water problems may
exist; and that taking water needed for the development may
adversely impact existing water users, that there is a noise
factor stemming from additional traffic on Highway 55 and
Floating Feather Rd., and additional overcrowding of
existing schools in the area.
The applicant testified that to determine the impact of the
proposed development upon water in the area test wells will
be established and the results of testing reported. He also
reported that the Highway 55 alignment issue will be
negotiated with the Idaho State Dept. of Transportation, and
that they are in the process of negotiation with the
developers of Floating Feather Hills, Inc. regarding an
agreement concerning water supply cost sharing. They have
been annexed into the Eagle Sewer District and have
established easements for the sewer lines. The developers
propose they will use those easements or negotiate further
with Floating Feather Hills, Inc. for a joint line. The
engineer for the development testified regarding the
drainage issue, which testimony disclosed that provision
would be made for all waste water generated by one or the
other means.
4.
The applicant indicated that a public school site
had been established in the adjacent subdivision
proposal, (Floating Feather Hills Subdivision).
5.
The development is bordered to the east by a proposed
Highway 55 alignment and west by R4 zoning districts and to
the south by R5 zoning and portions of the Eagle Impact Area
and north by R4 zoning districts.
6.
Berming and shielding, and noise barriers are planned to
prevent sound and noise along the old highway, Floating
Feather and the new highway for esthetics and commercial
purposes.
7 .
The Eagle Planning and Zoning Commission continued the
hearing to March 4, 1991 in order to obtain additional
information regarding the Highway 55 alignment, a pending
agreement between the developers of Trail Creek Ranch
Subdivision and Floating Feather Hills Subdivision regarding
water and sewer and in order to determine the drainage
situation at the site.
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:
9-1-3:
9-2-3:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
PRELIMINARY PLAT PROCEDURES
9-4:
REQUIRED IMPROVEMENTS (The following are
only a portion of the Code.):
1. STREET LIGHTS (MAY BE REQUIRED)
2. SIDEWALKS AND PEDESTRIAN WALKWAYS
3. WATER SUPPLY AND SEWER SYSTEMS
4. STORM DRAINS
5. FIRE HYDRANTS
6. GREENBELT AREAS (MAY BE REQUIRED)
9.
10.
11.
12.
With respect to the rezone of the property:
8-7-5:
AMENDMENTS
8.
The Commission concludes that the preliminary development
plan is consistent with the intent and purpose of Title 8
and 9 of the Eagle City Code and that the proposed
development advances the public welfare and that the
combination of various land uses presented and their
interrelationship with the land uses in the surrounding area
justify deviation from standard land uses in the surrounding
area.
The Commissions finds that there is adequate evidence
showing that a development use at the proposed location
satisfies the general standards for uses set forth in
Section 8-7-5, Eagle City Code. Specifically, that the use
will be harmonious with and in accordance with the general
objectives of the Comprehensive Plan and Title 8; that the
development, if the conditions attached to this approval are
met, will be adequately served by essential public
facilities and services; and that the vehicular approaches
to the property shall be so designed as not to create an
interference with traffic on surrounding public roadways.
The application submitted by Treasure Valley Ltd., complies
with the requirements set forth in the Eagle Comprehensive
Plan;
The application submitted by Treasure Valley Ltd., for a
rezone from an (C3) Commercial District to a (R5)
Residential District is in accordance with the Eagle
Comprehensive Plan and the requested rezone serves the
welfare of the general public and is in the public interest.
The 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 be approved subject to the
following conditions:
1. That the portion of the property zoned Commercial (C3)
be rezoned Residential (R5)
2. That lot 5 be left available for a right of way for a
road to connect the remainder of the subdivision to the C3
area prior to the developer of said area.
This recommendation shall not be construed as endorsing the
precise location and nature of proposed uses or engineering
feasibility. A final development plan and subdivision plat must
be submitted by the applicant to the Commission and Council
proving conformance with the conditions established herein and
providing such additional information as is required under Title
8 and 9 of the Eagle City Code.
CONDITIONS
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.
Berming and shielding, and noise barriers will be required
to prevent sound and noise along the old highway, Floating
Feather and the new highway.
3.
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.
4.
Proof of adequate water service is required prior to signing
of the final plat by the City Engineer.
5.
Approval of sewer and water facilities by the Regional
Health and Welfare Environmental Services Office is required
and 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.)
6.
Minimum building setback lines shall be in accordance with
the 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 zoning ordinance or as
specifically approved.
7 .
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.
8.
A letter from the fire department is required stating "the
developer and/or owner has made arrangements to comply with
12.
13.
14.
15.
all requirements of the Fire Department", prior to signing
of the final plat by the City Engineer.
9.
A letter from the appropriate school district is required
stating "the Developer and/or Owner has made arrangements to
comply with all requirements of the School district" prior
to signing of the final plat by the City Engineer.
10.
Street lights in accordance with the submitted preliminary
plat shall be installed by the developer, specifications
and standards at locations designated. 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.
11.
Street lights installed require covenants homeowner's
association by-laws or other similar deed restrictions
acceptable to the City Attorney, which provides for the use,
control and maintenance of the street lights, and shall be
reviewed and approved by the City Attorney prior to signing
of the final plat by the City Engineer.
NOTE: All bonding shall conform to the Eagle City Code
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 will comply with all requirements of the Eagle
City Code sections regulating Hillside and Foothill areas or
submit evidence satisfactory to the City Engineer that the
proposed development is exempt from the requirements therein
stated due to location, topography and/or the absence of
adverse conditions associated with slope stability, ground
water, erosion and sedimentation.
The project engineer shall submit a summary report
describing the incorporation of the recommendations of the
various final reports into the design and said summary
report shall accompany the final reports.
Covenants Horne Owner's Association by-laws or other similar
deed restrictions acceptable to the City Attorney, which
provides for the use, control and maintenance of all common
areas, storage facilities, recreational facilities or open
spaces hall be reviewed and approved by the City Attorney
prior to signing of the final plat the City Engineer.
A restrictive covenant must be recorded and a note on the
face of the final plat is required, which provides for
mutual maintenance and access easements. Such covenant will
be reviewed and approve the City Attorney.
Appropriate papers describing decision making procedures
relating to the maintenance of the structure, grounds and
16.
17.
18.
19.
20.
21.
parking areas shall be reviewed and approved the City
Attorney prior to signing of the final plat by the City
Engineer.
Developer and/or owners 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 City Engineer. A copy of the construction
drawing(s) shall be submitted with the letter.
A. Developer may either construct prior to final platting
or post bond/agreement in the amount of 110% of the
estimated construction costs.
The developer and/or owners shall delineate all necessary
sanitary sewer easements on the final plat 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.
Comply 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 tile or
other like satisfactory underground conduit to permit
the delivery of water to those landowners with the
subdivision who are also within the irrigation entity.
1. Developer may either construct prior to final
platting or bond the amount of 110% of the estimated
construction costs.
2. Plans must be submitted to the City Clerk showing
the delivery system and approved by a registered
professional engineer prior to signing of the final
23.
24.
25.
26.
plat by the City Engineer.
C.
Fence, cover or tile all irrigation ditches, laterals
or canals and drains, exclusive of natural waterways,
intersecting, crossing or lying adjacent and
contiguous to the subdivision prior to final platting
or post bond/agreement in the amount of 110% of the
estimated improvement cost with the City Clerk.
22.
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.
Developer and/or owner shall provide the City Clerk with a
blueprint of the final plat, which has been reviewed,
approved and initialed by the Ada County Engineer for
subdivision name, and lot and block numbers in conformance
with I.C. 50-1307, prior to scheduling of the final plat for
hearing.
The developer and/or owner shall contact the City Clerk
regarding the financing and details of extending the sewers
to the subject property. Plans shall be approved by the
City Engineer prior to commencing with construction.
Developer and/or owner may either construct prior to final
platting or bond/agreement in the amount of 110% of the
estimated costs.
The developer is to place a note on the fact of the plat
which states:
"This subdivision is subject to the requirement of the
Uniform Building Code as regulated by the City of Eagle."
Prior to issuance of a building permit the developers must
supply the following information to the City Clerk:
Final engineering report to include a soils engineering
report, final engineering geology report, final hydrology
report, final grading and drainage report, revegetation
plan and recommendations for foundation type and design
criteria.
ADOPTED by the Eagle Planning and Zoning Commission of the City
of Eagle, Idaho this ~ day of March, 1991.
APPROVED:
<-
~~
CHAIRMAN TOM EASON
PLANNING AND ZONING
COMMISSION
c"'"
ATTEST:
CLERK
...
~
..
\,~;~~;,;:2:~à'/:;~~~;<::,;: ,"'"",
#ç, ",f !::;' nr::' 1,';';" <)/
#"." A"" ,~"
"'"UOU".-