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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 - '