Findings - CC - 1993 - Ashland Acres PP/rezone - Preliminary Plat/Zone R4
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All APPLICATION FOR A
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1
On April 27,1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Sections 8 and
9, Eagle City Code, Steve Bradbury, Attorney for the applicant,
Kathryn McCallum, owner and developer of the Ashland Acres project,
came before the Eagle City Council, requesting approval of a
consolidated application for (1) a subdivision preliminary plat and
(2) a rezone of the property from Rl, Residential, to R4,
Residential (four single family dwelling units per acre).
Mr. Bradbury advised the Council that the plat was modified to
comply with Eagle P&Z concerns. The road has been moved back from
the rim and there was a park area added to the development. Also
an access point has been added and there are now 22 lots rather
than 24. He indicated there are 3 options for water, to negotiate
an agreement with Lexington and the City to extend the system to
this project, to construct an on-site system or from a public
utility. The sewer would be central sewer furnished by Eagle Sewer
District.
Based on the application, testimony from the applicant and all
interested parties and, 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, and Ada County Development Services. Responses
from those entities are as follows:
Meridian School Dist: 2/8/93-Asked the question "Does this provide
for walkways to get the kids to the school site in Lexington
Hills?" They encouraged development of walkways, bike paths and
safe pedestrian access. Encourages development fee statute.
Central District Health: 2/10/93-After approval from appropriate
entities can approve for central sewage and water.
is not to create a mosquito breeding problem.
Street runoff
Idaho Power: requires a permanent 10 ft wide public utilities
easement along all lots adjacent to a road right-of-way dedicated
to public or private use.
must meet standard requirements of the District.
ACHD: 2/22/93:
Eagle Sewer Dist:
Eagle Fire Dist:
2.
no objection
Requires:
1. Install address numbers on every building,
house or apartment
2. Fire apparatus access roads shall comply
with Art 10- Div 11, 1991 UFC
Additional comments were received from Davis, Wright, Tremaine
determining the proposed development water supply, and if it
could be supplied with groundwater obtained under the City of
Eagle's Water Permit No. 763-114513. The legal opinion
determined "the City would not be able to supply groundwater
to the Ashland Acres Subdivision, as that area is not a
permitted place of use under the Permit".
3.
On February 22, 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 density, safety of children with a rim and a
canal in the development. The Commission continued the
hearing until March 15, 1993 in order to review the
application, testimony and deliberation of current public
hearing.
4.
On March 15,1993, the hearing was resumed. It was determined
that the length of the cul-de-sac did not meet the standards
set forth in Eagle City Code. The Commission recommended if
approved by the City Council consideration be given to the
addition of a park and road further back from the ridge and
place conditions on the water and sewer prior to approval.
5.
On April 27, 1993 the Council voted to continue the hearing
until May 11, 1993 in order to give the City Engineer time to
look at the ridges and advise the Council what the erosion
problem is and what the set backs should be in this
development.
6.
On May 11, 1993 the Council resumed deliberation of this
application and took the engineering report under advisement.
7.
Stan McHutchinson, City Engineer, outlined his letter of May
5, 1993 to the Council in which he inspected the site. The
majority of the site has ground slopes of less than 1% to over
10% closer to the Farmers Union Canal. There is room to
construct homes on these lots, but' recommends that no
construction, including landscaping, occur on the north and
west of the top slope without prior approval. No runoff
should be allowed to drain towards the Canal. He concluded
that it may be better control to require additional setbacks
to the ridged area.
Discussion included considering less lots in the subdivision,
or more restrictive setbacks and only single story houses.
Dave Roylance, Project Engineer, with consent of the
applicant, Kathryn McCallum advised the Council that they
would accept more restrictive setback requirements, and single
story homes.
8.
This development is bordered to the east by residential
zoning,(Lexington Subdivision) to the north by county
residential zoning, to the south by residential zoning
(Lexington Subdivision) and to the west by county residential
zoning.
9.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
Title 6, Chapter 5: Review of landscaping plans for entrances
to subdivisions
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 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,
drainaqe, transportation or
services; or
subdivision of
the following:
sewer service,
other publ ic
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, 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
authorities.
these regulations by
duties of approving
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 (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:
9-4-1-10:
Water supply and sewer systems
Storm drainage, Flood controls
9-4-1-12:
9-4-2-2:
Greenbelt Areas, landscaping screening
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSION
The Eagle City Council concludes, taking the Eagle Planning and
Zoning Commission's recommendations under advisement, that in order
to approve this application and preliminary plat there will be a
need to require minimum setbacks for those lots by the rim to be a
minimum of 30 ft. and to require lots 8,9, 10, and 11 to be single
story homes only and City of Eagle Standard Conditions for
subdivision approval must be observed. Those conditions include
requirements of approval of sewer and water prior to development.
There will be no pathway on the rim in order to prevent erosion.
Further, the Council concluded The ECC 9-5-3, Hillside Subdivisions
is applicable and the City has jurisdiction to impose greater
requirements than those required in code.
The Eagle City Council concludes that the preliminary development
plan, as modified with additional setbacks, is consistent with the
intent and purpose of the subdivision codes of the City of Eagle,
Title 9 of the Eagle City Code, and that the proposed development
will advance the public welfare in preliminary form.
The development in the proposed location does satisfy 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 Comprehensive Plan, (Land Use Sections), Title 8,
(Zoning Ordinances), and Title 9; (Subdivision Ordinances).
The application submitted for Ashland Acre's Subdivision for a
preliminary plat and rezone from a R1, Residential District to R4,
Residential District is in accordance with the Land Use Section of
the Eagle Comprehensive Plan and does serve the welfare of the
general public or the best public interest.
The granting of the application for a preliminary plat and rezone
does not violate the Idaho Code nor nullifies the interests or
purposes of the Eagle City Code and Eagle Comprehensive Plan, the
conditions of approval of a preliminary plat can be satisfied at
this time with conditions placed on said approval.
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle City Council approves the application for a
subdivision preliminary plat and rezone, subject to the above
stated conditions of approval, including the following Eagle
Subdivision Standard Conditions of approval.
CITY OP EAGLE
STAImARD CORDITIORS
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
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.
6.
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
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.
C. The City of Eagle encourages the use of pressurized
irrigation systems whenever available. Describe how this
development can implement the use of such a system, or
why a pressurized irrigation system cannot be used.
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
10.
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,
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".
11.
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.
A.
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.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
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 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
drawing and submitted to the City Clerk prior to signing of
the final plat by the City Engineer.
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
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 Corp. 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.****
Basements
in
be
homes
in
the
floodplain
will
23.
24.
25.
prohibited.******
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.
*those developments in the flood plain, greenbelt or Boise River
area
ADOPTED by the Eagle City Council of the City of Eagle, Idaho this
~ day of May, 1993.
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APfR?VED:
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