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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 ) ) ) ) ) ) ) ) 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.