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Findings - PZ - 1993 - Subd preliminary plat Bosanka Village - Rezone R5 With Front Portion C2 CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR ) BOSANKA VILLAGE AN ) APPLICATION FOR A ) FINDINGS OF FACTS SUBDIVISION, ) AND PRELIMINARY PLAT, ) CONCLUSIONS OF LAW BY MARK & NICK GUHO ) On October 4, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Mark Guho, the applicant, came before the Eagle Planning and Zoning Commission, for the City of Eagle, Idaho, requesting approval for a subdivision preliminary plat, zoning R5 (Residential 5 units per acre). This subdivision is located at 385 W. State St., approximately 1200 ft. W of EagleRd, adjacent to State St. The front portion of this property is zoned C2 (General Business District). This lot will remain commercial and is not part of this application. The preliminary plat consists of 30 single family dwelling lots at a density of 3.76 lots per acre. The acreage is 7.37. / 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: RESPONSES RECEIVED FROM ENTITIES: CENTRAL DISTRICT HEALTH: After written approval from appropriate entities are submitted can be approved this for central sewage, central water, or community water well. Plans must be submitted to and approved by the Idaho Dept of Health and Welfare. Street runoff is not to create a mosquito breeding problem. ADA COUNTY ASSESSOR: The name Bosanka is accepted. EAGLE FIRE DIST: 1. Fire flow required as per Table No. A-III-A-l. (The fire flow requirements increase with more flammable building types. ) 2. Fire hydrant numbers and distribution as specified by fire department. Table No. A-III-B-l. (Hydrant locations have been indicated on fire departments set of plans) 3. Require a fire access road around the commercial building, or provide a turnaround at the east end of the road behind the commercial building (the road is longer that 150 feet). Sec. 10.203. No parking allowed on fire access roads - minimum 20 ft. width. 4. Access road turning radius needs rounded off to allow for Eagle Fire Departments longest truck to make the turn. Sec. 10.204 (c). EAGLE WATER CO: will provide water service under its rules & regulations as provided for by the Idaho Public Utilities Commission. EAGLE SEWER DIST: Within the Eagle Sewer District Planning area and has been annexed into taxing boundaries. This was part of the LID District and assessments paid in full. The District has had only preliminary contact with the developers. MERIDIAN SCHOOL DIST: This planned development will accelerate the need for Joint School Dist. #2 to construct additional classrooms and adjust school attendance boundaries. The District asked for support in a development fee statute on new home construction. If this support is lacking they ask that additional residential development be denied. ITD: After review of the proposal and vicini ty map there are concerns about the alignment of Cobblestone Ln and the access road into Bosanka Village. A single family development should generate less traffic, anticipate no adverse effects on SH44. Request curb, gutter and sidewalk be set back to allow for a future two way left turn lane. The face of the curb should be 25 ft. from the centerline of the highway. Needs a right of way use permit. 2. Testimony at the public hearing proceedings were received by the Eagle Planning and Zoning Commission. There was no opposing testimony. 3. The C2 portion of the property (frontage) is to remain C2 and is not part of this application. There are no plans for the commercial area and it is not a part of this subdivision; however the commercial frontage, is owned by the Guho family and is in the legal description within the file. 4. This development has one public street, a cuI de sac, which exceeds the 500 ft limit defined in code. 5. The staff report included the following recommendation: It has been established that this subdivision should align with Cobblestone Street to the north. This should be a condition of approval. It should require a stop light, before the subdivision is fully occupied; and There are no common lots in this subdivision, there are curbs, gutters and sidewalks through the subdivision. It needs to be established with the developer that on the State St. frontage the curbs, gutters, sidewalks, street lights and trees will match the downtown. The Engineer on the proj ect indicated this would be done. 6. The Eagle City Engineer submitted the following comments: The lot density is about 3.8 units per acre, which does not include the commercial area on State St. The minimum lot size appears to be 8034 S.F. The Ballantyne Canal intersects the subdivision at the S end. Is it located in the right-of-way of the proposed bypass. This is in an area where curb, gutter and sidewalk are required. Eagle City Code: TITLE 9-SUBDIVISIONS 9-2-3: PRELIMINARY PLAT PROCEDURES 9-2-4: FINAL PLAT PROCEDURES 9-4-1: REQUIRED IMPROVEMENTS¡ THE FOLLOWING ARE ONLY A PORTION OF THE CODE: 1. STREET LIGHTS (MAY BE REQUIRED) 2. SIDEWALKS AND PEDESTRIAN WALKWAYS 3. WATER SUPPLY AND SEWER SYSTEMS 4. STORM DRAINS 5. FIRE HYDRANTS 6. GREENBELT AREAS (MAY BE REQUIRED) 9-4-2-2: GUARANTEE OF IMPROVEMENTS 1. PERFORMANCE BOND 2. CASH DEPOSIT 9-5-3-7: MAINTENANCE REQUIRED CONCLUSION The Commission concludes that the subdivision¡ in an R5 zone is consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes. The front portion of this property is currently C2 and is located adjacent to Highway 44. The 1993 Eagle Comprehensive Plan - Land Use Designated Map designated this location as high density residential, up to 25 units per acre. The subdivision, zoned R5, follows the orderly development of the city and protects the health, safety and welfare of the new 1993 comprehensive plan. There is adequate evidence showing that this subdivision development¡ at the proposed location¡ satisfies the general standards for approval of a subdivision set forth in Sections of the Eagle City Code, specifically 8-2-1, establishing zoning districts, 9-1-3 to promote the public health, safety and general welfare and to provide for harmonious development and this subdivision provides central water and sewer service to the area. (9-4-1.9) This subdivision is in compliance with Section 9-3-1 the Design Standards and complies with Section 9-4-1 for required improvements, street lights ¡sidewalks, storm drains and fire hydrants. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, on October 4, 1993, the Eagle Planning and Zoning Commission recommends to the Council the application for a subdivision preliminary plat be approved subject to the following: 1. with the standard subdivision conditions of approval; 2. to require the developer to provide a pathway at the S. border of the development. The standard subdivision conditions are as follows: 3. if it is feasible to provide a pressured irrigation system. 4-93 CITY OF EAGLE STANDARD CONDITIONS FOR SUBDIVISION APPROVAL 1. Developer and/or owner shall comply with all requirements of the State of Idaho Dept. of Transportation and 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¡ Certifica.te 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 lithe 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 for one and two family dwelling. Dwellings having a fire area in excess of 3¡600 sq ft shall be required to have 1,500 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 10. 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 submi t a let ter 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 1 homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the usel control and mutual maintenance all common areas, storage facilities 1 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 1 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 9-4-2.21 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. 11. 12. 13. 14. 15. 16. 17. 18. 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. 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 proj ect 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. 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 his toric, environmental, scenic or have architectural significance. (if applicable) 20. 19. 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. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of October, 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 Bosanka Subdivision adopted by the Eagle Planning and Zoning Commission on October 4, 1993, are hereby adopted by the Eagle City Council with the following modifications: 1. 2. 3. 4. the general conditions of approval; additional landscaping in the subdivision; curb, gutter, street lights and trees in like manner as the downtown area; a waiver is granted on the length of the culdesac. DATED this ~ß!~d : IC..,; ~~.- -..t.. ! ~ dÕ of. . November , '.' , (~I Q 1993. '., , 1""'" I , I ¡ i ' MAYOR STEVE GUERBER .' .,' ,. ,.