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Findings - CC - 1993 - PP phase 6 Melvins Eagle Point - 20 Lots 19 Single Family 1 Common Lot CI'l'Y OF BAGLB III TBB JlATTBR OF ) U APPLICATIOR POR ) IIILVIB'8 BAGLB POI1ft' ) t6 A PRBLIIIIRARY PLAT) BY ) MAX BOBSIGBR, IRe. ) FIRDIRGS OF FACT DD COBCLUSIORS OF LAW On January 12, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Richard Boesiger, Inc., the applicant, came before the Eagle City Council, for the City of Eagle, Idaho, requesting approval for a preliminary plat for phase *6, Melvin's Eagle Point. The subdivision includes 20 lots, 19 of which are single family dwelling lots and 1 common lot. The property included 9.82 acres, gross density 1.93 per acre. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle City Council finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: and 1. The records in this matter indicate all notices, 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; 2. On December 7, 1992 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission. No oral testimony was received. A letter of inquiry was received by Pat and Bill Richards regarding the common area, asking if a park was to be designated at that location. The Commissioners recommended denial of the project, based on the concept/design and length of the cuI de sac, and lack of completion of Eagle Water Co. Hydraulic analysis. The Commission further concluded, if this application and project comes back to P&Z the attorney should review the rights of way (easement of 15 ft.) in order to establish a pathway along the canal. The Commissioners further challenged the easement proposed by Farmers Union District of 15 feet. The Commissioners would like to see a pathway along the canal. The Commissioners believe the district may not have exclusive rights to the easement and easement. a pathway can be established in the same 3. The standards used in evaluating the application are in the following sections of the Eagle City Code. 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 platl Title 9-Land Subdivisions: 9-1-31 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 land that would result in either of 1. The lack of water supply, drainage, transportation or services; or subdivision of the followings sewer service, other public 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 connection, or other facilities shall be installed G. The manner and form of making and filing of any plats; and H. The administration of defining the powers and these regulations by duties of approving 9-2-31 9-2-41 9-3-1: authorities. Preliminary Plat Procedures Final Plat Procedures Design standards A. Street location and arrangements 1 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 1 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 1 Streets shall be arranged in proper relation to topography so as to result in usable lots, E. Alleysl--- F. Frontage Roads:--- G. Cul-De-Sac Streets 1 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, (the following are only a portion of the code) a. Street lights (City of Eagle standards) b. Sidewalks and pedestrian walkways c. Water supply and sewer systems d. Storm drains e. Fire hydrants f. Greenbelt areas (may be required) 9-4-1-9: Water supply and sewer systems 9-4-1-10: 9-4-1-12: Storm drainage, Flood controls 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 CITY O!' BAGLB STAIIDARD CORDITIORS I'OR SUBDIVISIOlI 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 utili ties 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: 6. 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. 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. 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. 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 concerning 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 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 of all common areas, storage facilities, recreational facilities, 10. 11. 12. 13. 14. 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. 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 proce8sing. 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 15. 16. 17. 18. 19. 1. Eagle City Engineer. The developer is to place a note on the face of the plat which states I "This subdivision is subject to the requirements of the Uniform Building Code (UBC) as regulated by the City of Eagle. It 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 shall comply with all requirements and restrictions of the Eagle City Code and Eagle Comprehensive Plan, sections regulating Special Development Subdivisions including, but not limited to, Hillside Subdivisions, Planned Unit Developments, Cemetery Subdivisions, Floodplain Development, Areas of Critical Concern and special designated areas recognized to be historic, environmental, scenic or have architectural significance. (if applicable) The City Parks Committee shall review and approve or reject all landscaping applications required to be submitted for the development of parks and landscaped areas and planting of street trees, and shall oversee such development and planting for the welfare of trees, shrubs and other vegetation to all entrances to subdivisions. A developer may either construct improvements before filing of the final plat or to provide a financial guarantee of performance by a performance bond in the amount of 110% of the total estimated cost for completing construction. Financial guarantee can also be a cash deposit, certified check, negotiable bond or bank letter of credit. CONCLUSION The Eagle City Council concludes that there is adequate evidence showing that this development use at the proposed location satisfies the general standards for approval of a subdivision set forth in Title 9, Section 9-1-3: Purpose, of the Eagle City Code, specifically, that the use will be harmonious with and in accordance with the general objectives of the Title 9, and the Comprehensive Plan. The development includes coordination of streets and roads, there is adequate open space and adequate transportation plans. The project adequately addresses the problems regarding road impacts, water, sewer and open spaces and parks. DECISION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle City Council approves the application be approved conditioned on the following: All standard subdivision conditions of approval are met; 1. 2. The City of Eagle is provided a legal opinion on the exclusivity on Farmers Union Canal easement of 15 ft along the canal whether or not a pathway can be established within the easement. If it can be done, it will be done; 3. a variance be given on the length of the culdesac. ADOPTED by the Eagle City Council of the City of Eagle, Idaho this ~ day of January, 1993. ATTEST: ,~ i '.