Findings - PZ - 1993 - Melvins Eagle Point 7/Annex/zone/PP - Annex/Zone R4/Pp
CITY OP EAGLE
IN THE HATTER OF )
AN APPLICATION FOR )
MELVIN'S EAGLE POINT )
17 AN ARRBDTION, )
ZONING ARD )
PRELIMINARY PLAT) )
BY )
MAX BOBSIGBR, INC. )
PIRDINGS OF FACT ARD
CONCLUSIONS OF LAW
On May 3, 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 Planning and Zoning
Commission, for the City of Eagle, Idaho, requesting approval for
annexation and zoning (R4) of 43.15 acres located South of Floating
Feather Rd, the North East side of Farmers Union Canal and West of
Lost Lane, a private lane. The application is also for a
preliminary plat for the above described property and 28.75 acres
West of the proposed annexable property East of Edgewood, South of
Floating Feather Rd., adjacent to Melvins Eagle Point #6. The
entire preliminary plat consists of 71.90 acres. The land use
proposal includes 186 single family dwelling lots. The gross
density is 2.59 units per acre. There are 7 common areas.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City 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 the appropriate
public and private entities with responses to the proposal being
received in the City Clerk's office from those entities. Those
responses are as follows:
Farmers Union Ditch Co: has no objections to the development
provided there is an easement of at least 30 feet north and east
from the centerline of the Farmers Union Canal.
Eagle Sewer District: this property is within the Eagle Sewer
district's planning area, but has not been annexed.
Central District Health: can approve the project after written
approval from appropriate entities are submitted for central sewage
and water.
Eagle Fire Dist: 1. Install address numbers on every building,
house or apartment, so as to be clearly visible from the street.
Numbers shall be a minimum of 3.50" high
2. Fire apparatus access roads shall comply' w/ Art. 10, Div 11,
1991 UFC
3. Fire Flow requirements for buildings: The minimum fire-flow and
flow duration requirements for one and two family dwellings having
a fire area which does not exceed 3,600 sq ft shall be 1,000 gal
per minute. Fire flow and flow duration for dwellings having a
fire area in excess of 3,600 sq. ft shall not be less than that
specified in Table No. A-111-A-1. A reduction in required fire
flow of 50%, as approved by the chief, is allowed when the building
is provided with an approved automatic sprinkler system.
4. Must have supportive documentation that water fire flows can be
met. Also, the fire department will need to test flow the fire
hydrants for acceptable flows prior to construction of buildings
5. Streets signs will be up when building construction begins.
DEQ: Recommend that CDHD lift sanitary restrictions. Fire Hydrants
need to be constructed, tested and accepted by the Eagle Fire Dist.
prior to any issuance of building permits.
Meridian School Dist: The development will accelerate the need for
additional classrooms and attendance boundaries. The district
continues to seek support for a development fee statute on new home
construction or real estate transfer fee to help offset the costs
of building new facilities. Asks the developer to provide
walkways, bike paths and safe pedestrian access.
2. On May 3, 1993 public hearing proceedings were conducted
by the Eagle Planning and Zoning Commission. Testimony in favor
and opposing the project was received. Those concerns of the
public were: Lost Lane, a private lane, would be accessible to the
public and would not be suitable for additional traffic; a
question was raised regarding the property to the South of the
project becoming landlocked; and, water pressure, drainage problems
and safety of the public, were issues.
3. The standards used in evaluating the application are in the
following Sections of the Idaho State Code and Eagle City Code.
With respect to annexation and zoning:
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all portions of
highways lying wholly or partially within the annexed area.
67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF
UNINCORPORATED AREA
67-6509: NOTICE PROCEDURES
1-10-2:
EAGLE CITY CODE:
ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off
into blocks containing not more than 5 acres of land in
each when lawfully subdivided or platted or not; or
whenever any person has sold or begun to sell such
contiguous or adjacent lands in tracts not exceeding 5
acres; or whenever the owner or his agent on such
contiguous and adjacent lands shall request annexation in
writing to the Council, the City Council, by ordinance,
may declare the same, by proper legal description, a part
of the City; provided, that a showing must be made that
the area to be annexed can reasonably be used for orderly
development of the City and not connected to the City
only by a shoestring or strip of land upon a public
highway.
TITLE 8-Z0NING
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
TITLE 9-SUBDIVISIONS
With respect to the review of the preliminary plat:
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 subdivision of
land that would result in either of the following:
1. The lack of water supply sewer service,
drainage, transportation or other public
services; or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services; or
F. The requirements as to the extend 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
authorities.
these regulations by
duties of approving
9-2-3:
Preliminary Plat Procedures
9-2-4:
9-3-1:
Final Plat Procedures
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
4. The application submitted for annexation, zoning to R4
(Residential 4 units per acre) and a preliminary plat for Melvins
Eagle Point #7 Subdivision is in accordance with the Comprehensive
Plan and serves the welfare of the general public and is in the
best public interest. 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, Section 1-10-2, Title 8, Zoning and Title 9,
Subdivisions, and therefore, recommended approval of the
annexation, zoning request of R4 and preliminary plat.
The standards used in evaluating the application
following sections of the Comprehensive Plan:
are
in
the
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 developments.
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
and 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 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 districts. It shows,
rather, the general location, character and extent of land use
patterns.
5. The granting of the application for a annexation, zoning and a
preliminary plat does not violate the Idaho Code, Sections 50-222,
67-6525, nor nullify the interests or purposes of the Eagle City
Code, specifically Sections 10-1-2, 8-7-6, 8-8-6 and Title 9,
Subdivisions.
CONCLUSION
The Commission concludes that the annexation and zoning to R4 is
consistent with the intent and purpose of the afore mentioned Idaho
State Code 50-222 and 67-6525 and Eagle City Codes.
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 said Sections of the
Eagle City Code.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application for annexation, zoning to R4, and
subdivision preliminary plat be approved subject to the City
of Eagle Standard Conditions for Subdivision approval as
follows:
CITY OF EAGLE
STARDARD CORDITIONS
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 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:
Signatures of owners or dedicators, Certificate of the
6.
Surveyor, Certificate of the County Eng~neer, 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.
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.
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
10.
11.
12.
13.
14.
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 lor 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
processing.
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.
16.
17.
18.
19.
The developer is to place a note on the face of the plat which
states: "This subdivision is subject tb 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 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 archi tectural
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.
20.
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.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this -12- day of May, 1993.
APPROVED:
ATTEST:
CHAIRMAN KEN SMITH
PLANNING AND ZONING
COMMISSION
BARBARA MONTGOMERY, CITY CLERK
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Melvin's Eagle pointe #7 Subdivision adopted by the Eagle
Planning and Zoning on May 17, 1993, are hereby adopted by the
Eagle City Council.
;OATEp this
22
day of
June
, 1993
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~t£~
MAYOR STEVE GUERBER
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