Findings - PZ - 1993 - RZ/PP - Rz Front From R5 To C2/1.6 Comm/11.86 Residential
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
KESTRAL COVE
SUBDIVISION, AN
APPLICATION FOR A
REZONE AND
PRELIMINARY PLAT)
BY
MON-TAYNE, INC.
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
On May 24, 1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Bill Narver, the
applicant, came before the Eagle Planning and Zoning Commission,
for the City of Eagle, Idaho, requesting approval for a dual
application conBisting of : 1. rezone on the front portion of the
property currently zoned R5. The perimeter of the rezone is a 50
ft by 292 foot (14,600 ft. total), approximately a 280 ft depth
from the property frontage to be rezoned to C2, 2. The application
is also for a preliminary plat consisting of a 52 lot subdivision,
a portion of which is Commercial (C2). The location of the
property is the south side of west State St., approximately 600
feet west of Eagle Road. The entire preliminary plat consists of
1.60 acres for commercial development and 11.86 acres designated
for residential development.
Steve Bradbury, attorney for Mr. Narver, presented the proposal to
the Planning and Zoning Commission. Mr. Bradbury requested
sidewalks on one side of the street and variances on the lots. The
entire property would be fenced, berming where necessary, and
landscaped. They will have CC&R's and a homeowner association.
They are aware they encroached in the State of Idaho right of way
for the alternative route to the south. They will redesign the
lots in question and the cul de sac in order to comply with the
right of way. The commercial area will be approximately 1 1/2
acres when rezoned. This subdivision would be designed for
affordable housing. The houses would be in the $80,000-$100,000
price range.
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 officefromt~ose entities.
responses are as follows:
u.s. Dept of Housing and Urban Developmentl Gary L. Gillespie: Mr.
Narver asked the US Department of Housing to assist in establishing
an affordable housing project in the City. The first step from the
developer is to identify the type of cost savings that can result.
Mr. Narver has identified several proposed changes from common
practices and codes that could yield cost savings. Mr. Gillespie
requests the City to review these concessions. Those concessions
are defined in a letter from Bill Narver to U.s. Dept of Housing,
and are as follows:
1. Construct sidewalks on only one side of the street
2. utilize a rolled curb throughout the subdivision
3. variance in setbacks (front: 20', side 5', rear 15')
4. no park area
5. by providing home availability within Idaho Housing guidelines
potential buyers can obtain significant interest savings.
~hose
Central District Health: After written approval from appropriate
entities are submitted can approve this for central sewage, central
water, 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.
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 wI 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. Roads and hydrants placement plans to be approved by fire dept.
prior to construction beginning.
Eagle Water Co: Eagle Water Co will provide the water to this
development under the rules and regulations of IPUC.
Eagle Sewer Dist: Within Eagle Sewer District Planning Area and
has been annexed. The Districts main trunkline to the waste
treatment facility is immediately S of this property and can serve.
They have not received any sewer line plans for this development.
ACHD: 5/24/93: See letter attached- Requirements: to relocate the
entry street to the W side of the frontage in order to line up with
the proposed access to King's store.
Commission discussion included the right of way line on the plat.
There was concern about a plat designed for toe younger family that
does not include a park or sidewalks on both sides of the street
where children are going to be an intricate part of the
subdivision. The access should align with the King's Dept store
access. The plat needs to be redesigned and in final form for
consideration of the Commission.
2. Testimony at the public hearing proceedings were received by
the Eagle Planning and Zoning Commission. Testimony in favor
and opposing the project was received.
3. Concerns of the public: It is not appropriate in the location
selected. The quality of life will be diminish as this does not
lend itself to a country atmosphere, it is to dense a project, and
environment would be altered by the removal of trees. Any
development in this area should be contingent on the bypass being
completed to eliminate the traffic problem. This project has
drainage problems.
Written responses from the public: Sheri Sharp and Melissa Sharp-
Aikens Street residences request a wooden fence be required between
the two properties. The Sharps' have a swimming pool which would
be easily accessible by children in the area.
4. The Commission continued the matter until the June 7, 1993,
regularly scheduled P&Z hearing, in order to give the project
engineer time to redesign the plat with the correct alternate route
right of way, confer with ACHD about the alignment to entrance, and
return it, in final form, to the Commission.
5. On June 7, 1993, Dave Roylance, the project Engineer presented
the project to the Commission. He informed the Commission they
intended affordable housing but have no HUD funding. The price
range for homes would be $80,000-$100,000. The plat was modified,
as the Commission directed, to outline the bypass correctly and
describing the commercial lot. They conferred with ACHD regarding
the access and determined the access should be across from the post
office.
The entire project will be fenced with a 6' wood fence, with the
exception of the commercial area. They ask for sidewalks on one
side and no park area.
6. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all
districtsexceeding one dwelling unit per acre.
C2 General Business District: To permit the
establishment of areas for commercial uses allowed in
other commercial zones and commercial uses which are more
intensive than those permitted in other commercial zones,
such as large equipment sales, as well as light
manufacturing in conjunction with retail sales.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration
5. Occupancy
of permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Residential uses- l. The residential densities in the
City limits shall not exceed twenty five (25) units per acre.
TITLE 9-SUBDIVISIONS
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
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
9-2-3:
9-2-4:
9-3-1:
land that would result in either of the following:
1. The lack of water s'upply 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 extent 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
Preliminary Plat Procedures
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
dwelling units shall be allowed.
than 2
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:
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
The Commission concludes that the rezone from R5 to C2 for the
front portion of the property is consistent with the intent and
purpose of the Eagle Comprehensive Plan and Eagle City Codes. The
zoning in that location, Highway 44 is currently zoned C2. Because
of the proximity of Highway 44 to rezone a portion of the property
between a R5 and currently zoned C2 is appropriate and 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)
Further, 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.
4-93
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 a rezone to C2 from R5 and a
subdivision preliminary plat be approved subject to the
following:
1. A sidewalk be constructed on both sides of the street
2. a 6 ft fence around the perimeter of the property
3. City of Eagle Standard Conditions for Subdivision approval
as follows:
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer andlor owner shall comply with all requirements of
the Idaho State 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".
5.
All lot, parcel and tract sizes shall meet dimensional
standards established in the City of Eagle zoning ordinance or
as specifically approved.
Prior to submitting the final plat for recording, the
following endorsements or certifications must be executed:
Signatures of ownerB 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 andlor 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 landB 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 andlor owner shall submit a letter from the
appropriate drainage entity approving the drainage system
andlor accepting said drainage: or submit a letter from a
registered professional engineer certifying that all drainage
10.
11.
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 bondlagreement 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
exceed one year from the date of approval of the final plat".
Developer andlor 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.
A.
12.
The Developer andlor 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 andlor 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. It
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.
The recreationlgreenbelt area along the Boise River andlor
parking therefore shall be approved by the Eagle City
Greenbelt Committee prior to approval of the final plat by the
Eagle City Council.***
The development shall comply with the Boise River Plat in
effect at the time of City Council consideration of the final
plat.****
Conservation, recreation and river access easements shall be
approved by the Greenbelt Committee and shall be shown on the
final plat.***
The developer shall obtain approval of the development
relative to the effects of the Boise River Flood Plain from
23.
24.
25.
26.
27.
28.
29.
the Corps of engineers prior to approva~ 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**..
The developer shall obtain approval of the development
relative to its effects on wetlands or other natural waterways
from the Corps of Engineers and the Idaho Department of Water
Resources andlor any other agency having jurisdiction prior to
signing of the final plat by the City Engineer.*..*
All homes being constructed with individual septic systems
must have the septic systems placed on the street side of the
home.****
Basements in
prohibited.******
homes
in
flood
plain
will
be
the
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 Planning and Zoning Commission of the City of
Eagle, Idaho this -1!- day of June, 1993.
;,
':;, ,,"
',<;.. '~ : ,~ '
'.:""~.~¡.""<',,:,, ",,'
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Kestral Cove Subdivision adopted by the Eagle Planning
and zoning on June 21, 1993, are hereby adopted by the Eagle City
Council:
DATED this ~ day of
August, 1993
- '