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Findings - CC - 1993 - Preliminary plat/rezone from C2 to R4 - Great Sky Estates Pp/Rezone CITY OF EAGLE IN THE MATTER OF GREAT SKY ESTATES AN APPLICATION FOR A SUBDIVISION PRELIMINARY PLAT AND REZONE ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW On February 23, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Sections 8 and 9, Eagle City Code, Gary Lee, JUB Engineer and, representative for the project and Trevor Roberts the owner and developer of the Great Sky Estates project, came before the Eagle City Council for the City of Eagle, Idaho, requesting approval of a consolidated application for (1) a subdivision preliminary plat and (2) a rezone of the property from C2, General Business District to R4-Residential, (four single family dwelling unit per acre). Based on the application, testimony from the applicant and all interested parties, including written testimony received and into record, together with all documentary evidence submitted concerning the application, the Eagle City Council 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, Ada County Development Services and others. Responses from those entities are as follows: Eagle Sewer Dist: property is within the planning area and annexed. The district approved the concept but must reserve final approval until detailed sewer plans are received. Drainage Dist #2: 1. needs 100 ft exclusive drainage easement and drainage plans approved by District, 2. plans for the bridge which is to go over a portion of the District's drainage ditch and across exclusive drainage easement, 3. an executed agreement and costs paid. Drainage Dist. #2: Mr. Gass, attorney for the District requires a map showing the District's one hundred foot exclusive drainage easement running 50 ft. on each side of the center line of the ditch for the bridge. There must be an agreement to grant the development license to encroach upon the exclusive drainage easement. ACHD: will require at least a 165 ft. easement and further review of the project. Boise School Dist: Pierce Park District. The elementary school is closed enrollment in some grades, students from this subdivision may be bused to another school, Hillside Jr. High will have closed enrollment before this development is built, students will be bused to North Jr. High. New Dry Creek Ditch Co: As an additional requirement, all lateral service ditches must be protected. This issue is addressed in Idaho State Code. The developer shall not impede the delivery of water to any of the shareholders. G. S. should be required to utilize as much of the irrigation water as possible. The ditch company has excellent water rights and water is inexpensive. ITD: The following issues are to be discussed with the developer: 1. Right-of-way proposal, 2. Main access to the subdivision, 3. Ditch Rider access Road, 4. North access to Hill Road,S. Utility crossings on new alignment. Further, the developer, should include provisions for noise abatement in the initial construction. Division of Environmental Quality: Concerned about adequate water and sewer service, including fire flows and wetlands. Will require additional information. Eagle Fire Dist: 1. requires address numbers on all buildings 2. Fire apparatus access roads 3. Fire flow requirements for buildings 4. compliance with spacing between hydrants 5. bridges will support weight of fire trucks 6. completion of Eagle Water Co. Hydraulic analysis 7. contingent on report, that adequate water for fire flows can be provided Eagle Water Co: 2/12/93:will provide water service to the subdivision under rules and regulations as provided for by RUC. 1/19/93: Letter of application for Franchise for Great Sky U. S. West: Requires 10-foot wide public utilities easement Central Dist. Health: can approve with required conditions for central water and sewer. 2. On January 4, 1993, 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 on water and drainage. Other concerns were regarding sewer, congestion, one access and request fencing of the W. border. Written testimony was received from Michael N. and Julie Jeppson Morgen in opposition to the lot sizes and water rights. 3. A presentation by Gary Lee of JUB Engineering was given to 'Council. Mr. Lee informed the Council of changes in the preliminary plat to comply with ACHD and Eagle Planning and Zoning Commission recommendations and requirements. The project now includes 211 units, at 3.1 units per acre, a change from the originally proposed 226 units. There are now 22 common lots, landscape and berms along State St. and Highway 55. There are tot lots and landscaped entry. The canals will be open space and some landscaping. The 211 units will be standard structure and manufactured homes. The project will have central sewer and the water will be provided through the Eagle Water Co. The first phase would be the S boundary along Highway 55, the next phase along the alternate Highway 55. Mike Miller presented the landscaping plan for the project to Council. The pathway through the project will include a 5 ft. paved pathway along Highway 55 and a 10 ft. paved pathway along State Street. There are 15 small parks. Mr. Miller suggested because of the traffic problem they could consider just building phase 1, a total of 98 units, until the road problems were resolved. 4. The findings of the Eagle Planning and Zoning Commission concluded that the preliminary development plan was not consistent with the intent and purpose of Title 9 of the Eagle City Code. The Commissioners concluded that the development was premature due to the conditions not being satisfied to date, specifically, questions remain regarding adequate service by essential public facilities and services, and recommended denial of the preliminary plat. The Commission concluded, however, there was, adequate evidence showing that this development use at the proposed location satisfies the general standards for approval of a rezone and subdivision set forth in said Sections of the Eagle ,- City Code. Specifically, that the use will be harmonious with and in accordance with the general objectives of the Land Use section of the Eagle Comprehensive Plan, and Eagle City Code, Title 8, Zoning, and therefore, recommended approval of the rezone. 5. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: Eagle Comprehensive Plan: Purpose and Scope: (a) to protect property rights and enhance property values, (f) to encourage urban and urban-type development within the incorporated City limits of Eagle (g) to avoid undue concentration of population overcrowding of land, (h) to ensure the development of land is commensurate with the physical characteristics of the land. Parks, Recreation and Open Space: 1. Create ample areas and facilities for our citizen's diverse indoor and outdoor park and recreational interest, 2. to encourage development of parks and recreational programs which meet the different needs, interest, and age levels of our citizens who reside in both the rural and urban areas, 3 Set aside for enjoyment adequate amounts of open space --- 4. Developers shall be encouraged to dedicate and develop areas for parks or tot lots in new residential devélopments. Transportation: Transportation and land use planning must be compatible. The City of Eagle is responsible for land use and transportation planning within the Eagle Impact Area. The Eagle Planning and Zoning Commission shall coordinate with the appropriate transportation network planning agency for all planned development that falls outside the authority of the City. Housing: 1. A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouraged for all income groups in a variety of locations suitable for residential development. 2. The location of all housing shall be coordinated with provisions for adequate public facilities and services. 3. Developments of housing for all income groups close to employment and shopping centers shall be encouraged, 4. Housing shall be encouraged which is in accordance with local building codes and provides for energy saving design,s. An open housing market shall be encouraged for all persons regardless of income, race, age, sex, religion or ethnic background, 6. The use of materials a.nd techniques that will maintain a high level of quality while lowering cost and speeding construction shall be encouraged. Land Use: Policies and Goals (1) The residential densities in the City limits shall not exceed twenty-five (25) units per acre. The proposal for this subdivision is based on the housing needs of the City of Eagle. The City of Eagle has many residential areas with larger lot sizes not economically accessible to the needs of some families. This subdivision lends itself to those families that would benefit by a subdivision developed with affordable housing by means of standard framed and manufactured housing with a minimal amount of common areas and parks in keeping with the affordable housing concept. Eagle City Code: Title 6, Chapter 5: Review of landscaping plans for entrances to subdivisions Title 9-Land Subdivisions: 9-1-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS 9-2-3: 9-2-4: PRELIMINARY PLAT PROCEDURES 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, (the following are only a portion of the code) a. Street lights 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: Storm drainage, Flood controls 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: CONCLUSION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle City Council concludes the following: 1. The application submitted for Great Sky Estates Subdivision for a rezone from a (C2) Central Business District to a (R4) Residential Districts in accordance with the Land Use Section of the Eagle Comprehensive Plan and described in ECC 8-2-1. The requested rezone serves the welfare of the general public and is in the best public interest. 2. The granting of the application for a rezone does not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code sections listed above, or the Eagle Comprehensive Plan as outlined above. The Comprehensive Plan is a policy document intended to be used as a guide. It should be followed as closely, as reason, justice and its own general character make it practical and possible. The Comprehensive Plan is not a precise plan and does not show nor intend to show the exact outline of use distr~cts. It shows, rather, the general location, character and extend of land use patterns. 3. The Eagle City Council approves the application for a rezone from C2 (General Business District) to R4 (Residential 4 units per acre) as outlined in the Eagle City Code, Section 8-2-1. 4. The application submitted by Great Sky Estates Subdivision for a preliminary subdivision is in accordance with the Purpose and Scope, Parks and Recreation, Transportation, Housing and Public Services, Facilities and Utilities Sections of the Eagle Comprehensive Plan. 5. The granting of the application for a preliminary plat for said subdivision does not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code, specifically: Title 9-3-1 Design Standards 9-3~7: Planting strips and reserve strips standards: A condition of approval is berming of at least a four foot high sight obscuring berm along the S end and adjacent to SH 44 and the proposed new route of SH 55, bordering the E side of the development, a strip of land not less than 20 ft in width planted with dense planting acceptable by the Tree Parks Committee. Title 6: Landscaping for Entrances to Subdivisions: with the Committee recommendations. Compliance Title 9-4-1: Required Improvements: a. Street lights b. Sidewalks and pedestrian walkways c. Water supply and sewer systems d. Storm drains e. Fire hydrants f. Pathways 9-4-1-9: Water supply and sewer systems 6. Other conditions of approval are as follows: to allow development only in the southern portion of the project, bounded by Highway 55 on the east, the drainage ditch #2 to the north, Randall Acres to the west and State St to the south, known as phase 1, conditioned upon compliance of the City conditions presented tonight, and in addition, the pathway will be completed in phase 1. This project includes berming, which will have at least a four foot high sight obscuring berm along the S end and adjacent to SH-44 and the proposed new route of SH-55(bordering the E side of the development), a strip of land not less than 20ft in width planted with dense planting acceptable by the Tree/Parks Committee. 7. Th~ City of follows: Eagle Standard Subdivision Conditions are as 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) 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. 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 10. B. The subdivider has provided for underground tile 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 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 16. 17. 18. 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. 11. 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. 12. 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. 13. 14. 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. 15. 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 by the City of Eagle." 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 by the ditch company officer in charge. A copy of such written approval by the ditch company officer shall be filed with the construction dFawing and submitted to the City Clerk prior to signing 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. If applicable, 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 19. 20. 21. 22. Subdivisions, Floodplain Development, Areas of Critical Concern and special designated areas recognized to be historic, environmental, scenic or have architectural significance. 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. Developer may either construct the improvements required herein before filing the final plat or provide a financial guarantee of performance as provided under Eagle City Code Section 9-4-2, such as a performance bond, cash deposit, certified check, negotiable bond or bank letter of credit, in the amount of 110% of the total estimated cost for completing èonstruction. Such financial guarantee shall be for a period of one year, unless a different period is specified by the City Council. The described financial guarantee of performance need not be provided for those improvements for which a comparable guarantee has been provided to another political subdivision having jurisdiction over said improvements and for which proof of said comparable guarantee is provided. Any financial guarantee required hereunder must be submitted to and approved by the City Clerk and City Engineer prior to the City Engineer signing the final plat. Manufactured homes will be placed on permanent concrete foundations constructed to HUD standards and the standards of the Uniform Building Code adopted by the City of Eagle. Will have at least a four foot high sight obscuring berm along the along the S end and adjacent to SH-44 and the proposed new route of SH-55(bordering the E side of the development), a strip of land not less than 20 ft in width planted with dense planting acceptable by the Tree/Parks Committee. The pathways are to be completed in phase 1. ONLY PHASE ONE IS TO BE DEVELOPED AT THIS TIME Based.on the foregoing findings the Eagle City Council approves the application for the preliminary plat submitted on behalf of Great Sky Estates. CITY OF City Council of the City of Eagle, Idaho this , 1993. /~'"