Findings - PZ - 1993 - Annex/zoning/PP - 67.73 Acres/R1/Pp For 24.41 Acres/44.32 Will Remain Ag
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR )
CREIGHTON HEIGHTS )
AN ANNEXATION, )
ZONING AND )
PRELIMINARY PLAT) ) FINDINGS OF FACT AND
BY ) CONCLUSIONS OF LAW
MARK AND CARLENE )
CANFIELD )
On May 17, 1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Becky Bowcutt,
representative for the applicant, Mark & Carlene Canfield, came
before the Eagle Planning and Zoning Commission, for the City of
Eagle, Idaho, requesting approval for annexation and zoning (R1) of
68.73 acres located approx. 1/2 mile East of N. Meridian Rd. & 1/2
Mile North of Hwy. 20-26. The application is also for a
preliminary plat for a subdivision consisting of 24.41 acres, (the
remaining 44.32 acres will remain in agricultural production). The
land use proposal includes 10 single family dwelling lots. The
gross density is .41 units per acre.
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:
CENTRAL DISTRICT HEALTH: a complete engineering report is required
wi th accurate soils data. Water availability could be addressed by
IDWR.
ACHD: dedicate 30-feet of right-of-way along the westerly boundary
of subject parcel and construct Clearvue Drive (within the
subdivision) to rural street standards, with 30-feet of pavement.
EAGLE SEWER DIST: is located outside Eagle Sewer's District
Planning Area. There are no sewer lines in the area that could
serve this property. No sewer service could be considered unless
the applicants petitioned the District to bring the area into the
planning boundaries. Action would required a public hearing.
SETTLERS' IRRIGATION DISTRICT: lies within the Settlers Irrigation
District. District policy is that subdivision plans will be
approved only if they include an irrigation delivery system in the
development to provide access to the irrigation water for the
homeowners.
MERIDIAN SCHOOL DIST: asks for walkways, bike paths and safe
pedestrian access. Encourages development fee statute.
IDAHO POWER: requires a permanent 10-foot wide public utilities
easement along all lots adjacent to a road right-of-way dedicated
to public or private use.
2. On May 17, 1993 public hearing proceedings were conducted
by the Eagle Planning and zoning Commission. Testimony in favor
and in opposition of the project was received. Those concerns of
the public were: the septic system should require a study in order
to create a central system; well contamination ¡ environmental
questions dealing with the wildlife in the area; density; and
traffic.
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
EAGLE CITY CODE:
1-10-2:
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
land that would result in either of
1. The lack of water supply,
drainage, transportation or
services; or
subdivision of
the following:
sewer service,
other publ ic
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 mak~ng 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:
Final Plat Procedures
9-3-1:
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 requireö)
9-4-1-9:
9-4-1-10:
Water supply and sewer systems
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
4. The application submitted for annexation, zoning to Rl
(Residential 1 unit per acre) and a preliminary plat for Creighton
Heights 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 R1 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.
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 hou~ing 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 R1 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 R1, and
subdivision preliminary plat be approved with the following
conditions:
1.
There be required a deposit with the City, for future use,
street light funds.
2.
Approve the waiver of compliance on the length of the cul-de-
sac.
3.
The slope is not to be disturbed in any way, there will be
erosion control.
4.
Standard conditions for subdivision apP7oval as follows:
2.
3.
1.
Developer and/or owner shall comply with all requirements
of Ada County Highway District including approval of the
drainage plan, requirements for rural street standards,
with 30 feet of pavement and a 6 ft stripped bike pathway
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.)
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.
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,
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 and/or owner has made arrangements to
7 .
comply with all requirements of 't:he 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.
Compliance with Idaho Code, section 31-3805, concerning
irrigation rights, transfer and disclosure.
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 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
10.
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.
11.
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.
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.
12.
13.
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.
14.
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
15.
16.
17.
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 project for
service, prior to signing of the final plat by the City
Engineer (B.C.C. 9-20-8.4)
18.
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.
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.
19.
All homes being constructed with individual septic
systems must have the septic systems placed on the street
side of the home.
20.
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)
21.
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.
22.
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.
Note: The developer is to submit a letter in support of the School
Impact Fees to the City of Eagle
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of June, 1993.
CHK KE
PLANNING AND
COMMISSION
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CITY CLERK
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Creighton Heights Subdivision adopted by the Eagle
Planning and zoning Commission on June 8, 1993, are hereby adopted
by the Eagle City Council with the following modifications.
1. the Standard Subdivision Conditions of Approval
2. submittal of a letter speaking to the river frontage to have a
25 ft pathway easement at the 6500 cfs mark, waiver the length
of the cul de sac
3. no building along the rim
4. funds deposited for the street lights with the City of Eagle
5. with a rural type of roadway with no curb, gutter or sidewalk,
but required a 6 ft striped bike path on one side and a 30 ft
public road.
6. the developer was asked to submit a letter to the City in
support of School impact fees. Mr. Canfield agreed to submit
the letter to the City.
DATED this ~ day of
Approved:
July, 1993.
""
MAYOR STEVE GUERBER
City of Eagle
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