Findings - PZ - 1993 - Annex/RZ/PP - Annex/Zone R2/Pp/140.23 Acre275 Lots/
IN THE MATTER OF
AN APPLICATION FOR
FALL CREEK
SUBDIVISION, AN
APPLICATION FOR
ANNEXATION, ZONING
AND
PRELIMINARY PLAT)
BY B.M. INC
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
On August 16 and September 13, 1993, pursuant to public notice and
hearing procedures set forth in Section 67-6509, Idaho State Code,
Dennis Baker, dba B.M. Inc, the developer and owner, and associate
Dan Torfin, came before the Eagle Planning and Zoning Commission,
for the City of Eagle, Idaho, requesting approval for a dual
application consisting of : 1. annexation from Ada County to the
City of Eagle, 2. zoning of R2, and, 3. A subdivision preliminary
plat consisting of a 140.23 acres, 275 lots, 1.96 dwelling units
per acre, landscaped areas and bike path and pedestrian pathway
proposed along the Chevron pipe line. Parks and School site on the
adjacent 82 acres.
This application includes a Land Exchange Agreement with Boise for
Boise Sewer Property. This exchange is 82 acres owned by Dennis
Baker to be exchanged for 47 acres owned by Boise City. There has
been an agreement between Boise City and Dennis Baker in which
Boise City will make available a 7 acre elementary school site for
up to 3 years from the date of closing. Boise will use a 35 acre
parcel for a City park or a City park/school site. Boise will
shall use best efforts to complete the park in a timely manner, but
the development shall be contingent upon fund availability
considering constitutional limitations. Boise will represent this
development project as a high priority in each years budget
development.
The agreement calls for removing the 82 acres from the Eagle Impact
Area.
The location of the subdivision property is the E side of NEagle
Rd, appro x 1/4 mile N of Chinden Blvd.
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:
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 in accordance with Fire
Codes. 2. Fire Apparatus Access Roads shall comply with Article
10-Div. II, 1991 Uniform Fire Code; 3. Fire-Flow Requirements for
buildings. The minimum fire-flow and flow duration requirements
one-and two-family dwellings having a fire area which does not
exceed 3,600 sq. ft. shall be 1,000 gallons 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-
III-A-l. 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. The average spacing
between hydrants shall not exceed that listed on table No. A-III-B-
1 of the 1991 Uniform Code.
Chevron: The Chevron Pipeline Co. has no objections to the
proposed development, and recommends approval of the project,
provided the following terms and conditions are met:
1. must obtain a written line crossing agreement;
2. will not construct or erect any building, house, improvement,
construction or obstruction in the easement area;
3. landscaping on the easement will include grass, shrubbery or
plants which have a root system which reaches a depth of one foot
or less;
4. any roadway or parking area to cross the easement shall be
required to provide a min. of 4 ft of cover over the pipeline
5. any construction activity across the easement requires 48 hr
notice to digline;
6. no markers are to be removed, altered or adjusted without prior
written agreement;
7. any utility required to cross the CPL facilities to service
the development shall be allowed to croos provided they cross a
minimum of two ft. below the CPL facilities and constructed only in
the presence of a CPL representative.
Drainage District No 4: The district owns an exclusive 35 ft right
of way to maintain and operate its drainage ditch coursing rough
the extreme southerly portion of the proposed subdivision. At no
time may buildings or structures of any kind be erected and
maintained on the right of way, nor any trees or shrubs be planted.
The ditch in its present condition and location may not be altered
or chanted, and use of the ditch for any purpose, discharge of
surface run off waters, will not be permitted except by prior
license and approval.
2. Testimony in favor and opposed were heard at the public
hearing proceedings by the Eagle Planning and Zoning Commission.
In Favor - Ron Sitzler, John Martocco, Shelby Brownfield, Chuck
Michelson (Boise PW Dept).
Opposed - Morgan Grinstead, Beth Grinstea~, Mel Smith, Duane
Didericksen, Bill Martin, Bill Underhall, Rod Tiedemann, Jim
Herrud, Elizabeth Kenney, Shelly Brownfield.
Written objections were received from Melvin R. Smith, Helen
Stoddard, Dolan & Elisabeth Keeney, James and Joyce Jozwik, and
Dwyane Didericksen
3. Concerns of the public: inconsistent with the 1993
comprehensive plan, specifically the Purpose and Scope which speaks
to (g.) concentration of population and overcrowding and (h) to
ensure that development of land is commensurate w/ the physical
characteristics of the land, concern over wet lands, wildlife,
density, water and soil concerns.
4. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
1993 EAGLE COMPREHENSIVE PLAN
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 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 Land Use Designation Map: Low Density Residential (2 or
fewer dwelling units per acre).
POLICIES AND GOALS
7 .
8.
9.
1.
To preserve the rural transitional identity.
To preserve the natural features and resources of Eagle.
2.
3.
To establish land use patterns and zoning districts that do
not exhaust available services such as sewer, water, police,
fire protection, recreational areas, highways and
transportation systems.
4.
5.
To promote compatibility between zoning districts.
To identify the foothills, the Dry Creek Floodplain and the
Boise River Floodplain as Special Areas due to it's
environmental and scenic significance.
6.
To create special development and design review standards for
properties characterized by a Special Area designation.
Special Areas shall be given consideration for a Planned Unit
Development (PUD) zoning classification.
To assess and consider factors such as public services,
environmental and social impacts when evaluating proposals for
industrial projects and development.
To provide for a broad spectrum of housing types including
apartments, townhouses, condominiums, single family attached,
affordable and subsidized housing and large acreage
developments.
To establish categories of residential land use based upon a
range of possible residential densities. Residential density
within a land use category may vary within the prescribed
range from project to project depending upon individual
circumstances and property characteristics such as
topography, environmental issues, design and land use
compatibility. Residential density shall be based on the
number of residential dwelling units per gross acre as defined
in the Eagle Zoning Ordinance.
10.
To encourage clustering and density transfer techniques to
provide for recreational opportunities and for the
preservation and acquisition of open space as part of Planned
Unit Developments. Plats involving ten or more lots are
encouraged to file such requests as part of a Planned Unit
Development. Density shall be calculated on a gross basis by
dividing the number of acres in the plat by the proposed
number of dwelling units.
11.
To encourage preservation of agricultural land by protecting
agricultural and farm related uses and 'activities from land
use conflicts or interference created by residential,
commercial, or industrial development.
12.
To protect gravity flow irrigation systems including canals,
laterals, and ditches to assure continued delivery of
irrigation water to all land serviced by such systems, to
protect irrigation systems as a long range economical method
for water delivery and to coordinate surface water drainage to
be compatible with irrigation systems.
Special Areas
Areas identified on the Land Use Plan to have special significance
to the City and which warrant analysis and consideration related to
conservation and preservation. Such special areas may be
designated because of their recognized historic, environmental,
scenic, or architectural significance.
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.
EAGLE CITY CODE
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.
4. The application submitted for annexation, zoning to R2
(Residential 2 units per acre) and a preliminary plat for FaIl
Creek 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 R2 and
preliminary plat.
ANNEXATION
IDAHO STATE CODE:
50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of
adjacent territory, the annexation shall include all potions 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, 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 he 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 6-5-1:
WATER SYSTEM
6-5-3: Service area: shall be only that area w/i the corporate
limits of the City, and other contiguous and neighboring territory
as the City Council shall deem necessary.
Connection to Water System Required: Every parcel of land or
premises w/i the boundaries of the City, improved by new
construction for occupancy and occupied or used by any person or
persons or as a commercial business shall be connected to the City
water department public water system so long as the area is within
the service area of the City water system. The owner or person in
charge of such land shall make or cause to be made, such connection
w/i 60 days after receiving official notice from the City to so
connect. All charges associated w/ the laying of pipe from the
home or facilities to be served by the City's mains shall be the
responsibility of the user and shall be properly designated and
constructed in conformity w/ requirements specified by the City.
If a parcel of land is not w/i 300 ft. of the water main,
connection may not be required unless the City elects to extend the
water main to w/i 300 ft. of the applicants property.
TITLE 6-7-1:
TITLE B-ZONING
Parks Committee requirements
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
TITLE 9-SUBDIVISIONS
9-1-3:
9-2-3:
9-2-4:
9-2-3:
9-4-1:
9-4-2-2:
9-5-3-7:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
PRELIMINARY PLAT PROCEDURES
FINAL PLAT PROCEDURES
DESIGN STANDARDS
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)
GUARANTEE OF IMPROVEMENTS
1. PERFORMANCE BOND
2. CASH DEPOSIT
MAINTENANCE REQUIRED
10-1-2(A): Restricting or prohibiting uses which are dangerous to
health, safety and property due to water or erosion hazards, or
which result in damaging increases in erosion or in flood heights
or velocities.
10-1-8-1: GENERAL BUILDING REQUIREMENTS: (A) Where elevation data
is not available, either through the Flood Insurance Study or from
another authoritative source, applications for building permits
shall be reviewed to assure that proposed construction will be
reasonably safe from flooding. The test of reasonableness is a
local judgement and includes use of historical data, high water
marks, photographs of past flooding and any other relevant factors-
CONCLUSION
The Commission concludes that the annexation and zone request of R2
is consistent with the intent and purpose of the Eagle
Comprehensive Plan and Eagle City Codes. The zoning in that
location is appropriate and follows the orderly development of the
city and protects the health, safety and welfare pursuant to 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.
1.
2.
3.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, on September 13, 1993, the Eagle Planning and Zoning
Commission recommends to the Council the Fall Creek
Application for annexation, zoning of R2, and a preliminary
subdivision plat be approved subject to the following:
1-
2.
3.
4.
5.
All Eagle Subdivision conditions be met (listed below)
All lots south of the creek are eliminated
The area along the foot the hill be maintained and
accessible for the people who have wells in that area
The Eagle Impact Area boundaries are not changed
Maintain 25 ft setback both sides of the creek to remain
in a natural state
The CC&R's provide for a minimum of 4 trees per lot, a 2
to 3 caliper,
The Meridian School should agree to accept the school
site, and that will be designated for a school site.
6.
7 .
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
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.)
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".
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 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 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
estimated construction costs.
2. Plans must be submitted to the City Engineer
showing the delivery system and approved by a
10.
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 of
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".
11.
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
A.
12.
13.
14.
15.
16.
17.
18.
19.
20.
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.
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. "
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 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.
The recreation/greenbelt area along the Boise River and/or
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
21.
22.
23.
24.
25.
26.
27.
28.
29.
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
the Corps of engineers prior to approval 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 and/or 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
the
flood
plain
will
be
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
Cri tical 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 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 ~ day of October, 1993.