Findings - PZ - 1993 - Preliminary plat - Ricks River Ridge/15.6 Acres/53 Lots/3 Common
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR)
RICKS RIVER RIDGE AN )
APPLICATION FOR A )
SUBDIVISION, )
PRELIMINARY PLAT, )
BY CRAIG VAN ENGELEN )
FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On October 4, 1993, and November 15, 1993 pursuant to public notice
and hearing procedures set forth in Section 67-6509, Idaho State
Code, Craig VanEngelen and Rick Roe, the applicants, came before
the Eagle Planning and Zoning Commission, for the City of Eagle,
Idaho, requesting approval for a subdivision preliminary plat,
zoning R5 (Residential 5 units per acre). This subdivision is
located at 747 W. State St., The preliminary plat consists of 15.6
acres, 53 single family dwelling lots at a density of 3.4 units per
acre and 3 common lots.
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:
RESPONSES RECEIVED FROM
ENTITIES:
IDAHO STATE TRANSP: No traffic impact found, if provisions are made
to allow for a future left-turn lane. If the city requires the
developer to install curb and gutter along State St. will require
the face of curb to be located 25 ft from the centerline of the
highway. Developer needs a right of way use permit for curb,
gutter, sidewalk and landscaping.
CENTRAL DISTRICT HEALTH: after written approval from appropriate
enti ties, can approve this for central sewage, central water.
Plans must be submitted to and approved by CDH and DEQ.
EAGLE FIRE DEPT:
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 w/ 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.
EAGLE WATER CO: Eagle Water Company will provide water service to
this subdivision under its rules and regulations as provided for by
the Idaho PUC.
EAGLE SEWER DIST: 10/27/93: This is within the District Planning
Area, but is not annexed. Annexation will need to take place
before any connection to sewer lines.
CITY ENGINEER:
10/26/93:
1. ACHD should specifically address the issue of one access to
State St.
2. The meandering sidewalk on State St. should be concrete
3. The developer should comply with City policy regarding street
lights and trees along State St.
4. The developer should submit a letter from ITD stating that
"alignment of the Ballantyne Canal has been approved by ITD.
5. The developer shall submit a letter from ITD stating their
approval of the final plat with regards to the geometries where the
plat abuts the Alternate Route.
6. The developer shall receive approval from the City regarding the
landscaping treatment of safety issues of the canal where it passes
through the subdivision.
WRITTEN RESPONSES:
Wes Owen: Has a concern about safety and wants reduced speed
limits.
Ranee Rees: traffic congestion, added burden to schools, fire and
police protection. Development needs to be contained.
Gary and Lorrie Alvis-objects to development along Taylor Street
because of the traffic at the intersection of Eagle Rd and State
St.
L.J. and Lois Pearman: Traffic congestion along with impact on
water, sewer, fire and schools.
2. The Planning and Zoning want a common lot in a location on the
plat other than adjacent to State St., the concern of the material
change in the plat due to the street design, no pathways in the
subdivision. The Commission instructed the developer to submit a
revised plat to the Commission after appropriate notice and
procedures have observed. The matter was continued until November
15, 1993
3.
The Planning staff recommended the following:
A. A pressurized irrigation system should be required if
water rights are available.
B. Additional notes need to be included in plat: Uniform
Building Codes
C.
Common lots need to be defined on notes
3. 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
land that would result in either of the following:
1. The lack of water supply 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 extend and the manner
in which:
1. roads shall
maintained; and
be
created,
improved
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
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 adj oining 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,
9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and
specs of ACHD
9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall be
constructed on collector and arterial streets
9-4-1-4: STREET SIGNS: Street name signs shall be installed in
the appropriate locations at each street intersection in accordance
w/ local standards.
9-4-1-5: STREET LIGHTS: All street
area of impact shall be required to
expense, street lights in accordance
standards at location designated
representative----.
subdividers w/i the City and
install, at the subdividers'
with City specifications and
by the Administrator, or
9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be
require on both sides of the street¡ except, that where the average
width of lots as measured at the street frontage line or at the
building setback line, is over 100', sidewalks on only one side of
the street may be allowed.
PEDESTRIAN WALKWAYS: when required, shall have easements at least
10' in width and include a paved walk at least 5' in width.
9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement as may be specified by the City
Council.
9-4-1-8:
UNDERGROUND UTILITIES:
are required
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
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, on November 15, 1993, the Eagle Planning and Zoning
Commission recommends to the Council the application for a
subdivision preliminary plat be approved subject to the
following:
1. the City of Eagle standard subdivision conditions
approval and the City Engineers conditions as well;
of
2. the sidewalks will be meandering and meet the
specifications of the downtown development standards with
curbs, gutters, street lights and trees;
3. to install a pressurized irrigation system complete with
filter system.
The standard subdivision conditions are as follows:
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer and/or owner shall comply with all requirements of
Ada County Highway District and the State of Idaho
Transportation Dept., 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. A letter from ITD addressing the alignment
of the Ballantyne Canal and approval by ITD regarding such
alignment and approval of the final plat with regards to the
geometries where the plat abuts the Alternate Route.
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".
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 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
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.
10.
11.
12.
13.
14.
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".
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.
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.
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)
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
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 proj ect 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 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
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
25.
26.
27.
28.
29.
30.
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.******
in
homes
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
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. The developer will be required to
receive approval from the Committee regarding the landscaping
treatment and safety issues of the canal where it passes
through the subdivision.
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.
Street improvements on State St. and/or Eagle Rd will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
****those developments in the flood plain, greenbelt or Boise River
area
* Those underlined notes are in addition to the standard conditions
of approval.
CONCLUSION
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.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of November, 1993.
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CHA KEN
PLANNING AND
COMMISSION
CLERK