Findings - CC - 1993 - Rewood Creek Subdivision - Annexation/Zoning R1/Preliminary Plat
BEFORE THE CITY COUNCIL
OF THE
CITY OF EAGLE, IDAHO
)
)
Redwood Creek Subdivision: )
An Application for Annexation,)
zoning and Subdivision)
Preliminary Plat Approval, )
)
)
)
In Re:
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
AND DECISION UPON REHEARING
Applicants.
THIS MATTER having come before the City Council of the City of
Eagle, Idaho, on June 8, 1993, for public hearing pursuant to the
Memorandum Decision issued by the -Honorable Judge McKee on April
26,
1993, which remanded the applications for annexation,
zone
classification
of
R1,
and preliminary plat approval
for the
proposed Redwood Creek Subdivision to the City of Eagle for further
proceedings;
the
City
Council
having
heard
testimony
from
interested parties and being fully advised in the matter, now make
the following:
FINDINGS OF FACT
1.
Annexation and zone classification of R1 for 140 acres was
requested in writing by property owners, Florence Goade and Frank
Plunkett, on February 10, 1992.
2.
Gary Madenford, representing the property owners, submitted an
application to the city of Eagle for preliminary plat approval of
the Redwood Creek Subdivision, encompassing approximately 80 acres
of the property, on February 14, 1992.
3.
After a public hearing held in accordance with the notice and
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hearing requirements of Title 67, Chapter 65, Idaho Code and Title
8, Eagle City Code, on May 4, 1992, the Eagle Planning and zoning
commission recommended denial of the applications for annexation,
zoning classification of R1, and preliminary plat approval.
The
reasons for the denial were cited as follows:
Public opposition;
(a)
(b)
Rl density as too heavy for the area;
Existing Rural Transitional zoning in the area; and
(c)
(d)
No amenities proposed for the subdivision.
4.
On June 9, 1992, the Eagle City Council voted to approve the
applications
after
complying
with
the
notice
and
hearing
requirements of Title 67, Chapter 65, Idaho Code, and Title 8,
Eagle City Code.
5.
A petition for judicial review was initiated by surrounding
property owners, and the matter was remanded by District Court
Judge McKee on April 26,
1993,
to the Eagle City Council for
further proceedings.
6.
A public hearing was held by the Eagle City Council on June 8,
1993, pursuant to the notice and hearing requirements of Title 67,
Chapter 65, Idaho Code, and Title 8, Eagle City Code, at which all
interested parties were given the opportunity to express their
views
concerning
the
applications
for
annexation,
zoning
classif ication of Rl, and preliminary plat approval of the proposed
Redwood Creek Subdivision.
All members of the Eagle City Council,
except stan Bastian, were present.
7.
Idaho Code § 50-222 and Eagle City Code §§ 1-10-2, 8-7-6 and
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8-8-2 contain the standards and requirements for annexation.
8.
The property for which annexation is requested lies within the
Area of City Impact, is contiguous to the City of Eagle, and can
reasonably be used for orderly development of the city.
The
property is not connected to the City of Eagle by only a shoestring
or strip of land upon a public highway.
9.
Idaho Code §§ 67-6501 through 67-6537 and Eagle City Code
Title 8 govern the zoning of property annexed by the City of Eagle.
10.
The Eagle Comprehensive Plan,
1978,
revised
adopted January,
and
March,
following
were
which
states
the
goals
considered in reviewing these applications:
1990,
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Providing orderly development of the City according to
the Comprehensive Plan;
Promoting public health, safety, and general welfare;
Protecting property rights and enhancing property values;
Ensuring
that
facilities
adequate
services
and
are
provided to the people at reasonable costs;
Ensuring
compatibility
with
the
surrounding
neighborhoods;
Ensuring that the economy of the state and localities is
protected and enhanced;
Ensuring that the important environmental features of the
state and localities are protected and enhanced;
Encouraging
protection
the
prime
agricultural,
of
forestry, and mining lands for production of food, fibre,
and minerals;
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( i)
Encouraging urban and urban-type development within the
incorporated city;
(j)
Avoiding
undue
concentration
of
population
and
overcrowding of land;
(k)
Ensuring that the development of the land is commensurate
with the physical characteristics of the land;
(I)
Protecting life and property in areas subject to natural
hazards and disasters;
(m)
(n)
Protecting fish, wildlife, and recreation resources;
Avoiding undue water and air pollution; and
(0)
The recommendation of the Planning and Zoning Commission.
11.
The 1990 Comprehensive Plan provides that II [d]ensities within
the Urban Service Planning area and outside of the City Limits
shall not exceed five (5) units per acre... II
The property is
within the Urban Service Planning Area.
12.
In compliance with Idaho Code § 67-6511, which requires that
particular consideration be given to the effects of the proposed
zone change upon public services,
including school districts,
within the planning jurisdiction,
the following entities were
contacted for their comments to the applications:
- Ada County Highway District
- Eagle Sewer District
- Idaho State Transportation Department
- Ada County Development Services
- Central District Health
- Meridian School District
- Eagle Fire Department
- Chevron Pipeline Co.
- Idaho Power
- Ada County Development Services
- Dry Creek Ditch Co.
- Ada County Commissioners
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- Ada Planning Association
- united Cablevision
- u.s. West
All
responding
entities
indicated
that,
subject
to
certain
conditions, there were no objections to the applications.
13.
Idaho Code §§ 67-6513 and 50-1301 through 50-1329, and Eagle
City
Code
§§
9-1-1
through
9-6-5
contain
the
standards
and
requirements applicable to subdivisions within the City of Eagle.
14.
The zone classification of R1 for the 80 acres to be used for
subdivision and AR for the remaining 60 acres, promotes the orderly
development of the City of Eagle considering the proximity of the
property to state Highway 44 and the new proposed realignment, in
accordance
with
the
1990
Comprehensive
Plan
and
the
1993
Comprehensive Plan, adopted May, 1993.
15.
The proposed development encourages balanced growth outward
from the central Business District of Eagle.
16.
The development's gross density of 1.23 dwelling units per
acre
is
compatible
with
the
5-acre
and
I-acre
residential
subdivisions which surround it given the berming, park, and design
of the development.
17.
Property
values
in
the
area
will
increase
due
to
the
availability of
central water
and sewer,
and because
of
the
amenities
included
within
the
development,
such
as
berming,
landscaping and pathway.
18.
The health, safety and welfare of the public is promoted for
the reasons that the development provides additional housing for"
the community, with a location close to the employment centers and
5
shopping areas along state street, and provides central water and
sewer to the area.
It is probable that this housing will be more
affordable to people than if the development proceeded with larger
lot sizes.
19.
The development is not too dense for the area, with a gross
density of 1.23 units per acre, based upon the 1990 Comprehensive
Plan's designation of the area as limited to "five (5) units per
acre," and the 1993 Comprehensive Plan's designation of the area as
"very low density residential," which includes 2 dwelling units or
fewer per gross acre.
20.
The transportation system of the development is compatible
with the rural transitional environment through the use of a 24-
foot bituminous asphalt road, typical of rural streets, and safety
is promoted by not including direct access to state street from the
residential lots.
21.
The development is not located within a natural hazard or
floodwayarea.
22.
The preliminary plat for the Redwood Creek Subdivision is in
compliance with the following:
(a)
Design standards contained in Eagle City Code §§ 9-3-1
through 9-3-8;
(b)
Required improvements of Eagle City Code §§ 9-4-1 through
9-4-2.
23.
The Eagle Planning and Zoning Commission based their decision
in part upon the fact that the city of Eagle was considering
changes to the 1990 Comprehensive Plan, and they were concerned
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that their approval of the development would interfere with any
future revision of the plan.
The 1990 Comprehensive Plan has since
been revised, and allows development consistent with that proposed
for the Redwood Creek
Subdivision.
The Planning and
Zoning
commission was
also concerned
about
lack
of
amenities.
The
proposed
development
now
contains
a
2-acre
park,
a
24-foot
greenbelt,
berming,
and trees at specif ied distances along the
roadway.
Based upon the foregoing Findings of Fact, the City Council
hereby makes the following:
CONCLUSIONS OF LAW
1.
Statutory due process, notice and hearing requirements, as
contained in the Idaho Code and Eagle City Code, were satisfied.
2.
All requirements necessary to meet the statutory requirements
of annexing the property in question with the zoning of Rl and AR,
and
submitting
the
preliminary
plat
of
the
Redwood
Creek
Subdivision have been satisfied.
3.
Annexation of the property by the City of Eagle is appropriate
and
in
compliance
with
the
Idaho
Code
and
Eagle
city
Code
requirements.
4.
The zoning classifications of R1 for the 80-acre subdivision
area, and AR for the remaining 60 acres, is compatible with the use
and zoning of the surrounding area and in compliance with both the
1990 and 1993 Comprehensive Plans.
5.
The annexation and zone classification of R1 encourages urban
and urban-type development within the limits of the City of Eagle.
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6.
The health, safety and welfare of the public is promoted by
the approval of these applications.
7.
The zoning classifications of Rl and AR do not contribute to
undue concentration of population and overcrowding of land.
DECISION
1.
It is the decision of the Eagle City Council to:
A.
Approve the application for annexation of the property
owned by Florence Goade and Frank Plunkett into the corporate
limits of the City of Eagle.
B.
Approve,
subject to the following modification,
the
Application for zoning of the Property:
The Property described as the S 1/2 of the SW 1/4 of the
NE 1/4 and the NW 1/4 of the SE 1/4 and that portion of
the SW 1/4 of the SE 1/4, which lies in the Right of Way
of State Highway 44, all of the above of Section 7,
Township 4 North, Range 1 East Boise Meridian County of
Ada, Idaho
shall be zoned R1 and the property described as
a parcel of land being portions of Government lots 2 and
3 and the SE 1/4 of the NE 1/4 and that portion of
Government lot 4 which lies in the Right of Way of State
Highway 44, all of the above of Section 7, Township 4
North, Range 1 East of the Boise Meridian, County of Ada,
Idaho
shall be zoned as AR.
C.
Approve,
subject
to
the
following
conditions,
the
preliminary plat of the Property:
1.
Compliance with Drainage District No.2 requirements; and
2.
The Eagle Standard conditions of subdivision approval as
listed below:
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CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
a. 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, excepting therefrom sidewalk and
curb. 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 60, Chapter 13.)
b. 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.
c,,' 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.)
d. 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.
e. 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.
f. A letter from the f ire 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.
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g. Compliance with Idaho Code, section
concerning irrigation rights, transfer and disclosure.
31-3805,
(i) 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
(ii) 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.
h. Developer and/or owner shall submit a letter from
the appropriate drainage entity app;roving 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
ci ty Engineer. A copy of the construction drawing (s) shall be
submitted with the letter.
(i) 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.
i. 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.
j. All subdividers within the City limits shall be
required to install, at subdivider's expense, street lights in
10
accordance with Idaho Public Works Association specifications and
standards at locations designed by the City Engineer. After
installation and acceptance by the City Engineer, all street lights
in public right-of-way shall become city property. The subdivider
has the option of completing street light installation prior to
signing of the final plat by the City Engineer or bonding for 100%
of the estimated cost.
NOTE: All bonding shall conform to the Eagle City
Code, Title 9, Chapter 4, section 9-4-2.2.
(i) 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.
k. 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.
1. 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.
m. 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.
n. 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.
o. 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."
p. 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).
q. 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
11
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.
r. Conservation, recreation and/or river access
easements shall be approved by the Greenbelt Committee and shall be
shown on the final plat.
s. 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 of the Eagle City Engineer.
t. 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) .
u. Developer will establish a 24 ft. greenbelt strip
over the pipeline area with Chevron Pipeline aiding in the design
and development.
ANY BONDING REQUIRED BY EAGLE CITY COUNCIL SHALL
CONFORM TO SECTION 9-4-2.2 (A-B) EAGLE CITY CODE
3.
The decision of the City Council is based upon the following
facts:
A.
The annexation,
proposed use and zoning request are
consistent
with
the
Comprehensive
Plan,
state
law
and
City
Ordinances.
B.
The Applications as approved herein are in the best
interest of the public health, safety and welfare of the City of
Eagle and the residents and property therein.
12
4.
The City council made this decision by a vote of at least 50%
of the Council members plus one member.
DATED this 22nd day of
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ATTEST:
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