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Findings - PZ - 1993 - Condominium subd/15 4-plexes on 4 acres - Preliminary And Final Plat CITY OF EAGLE FINDINGS OF FACT AND CONCLUSIONS OF LAW IN THE MATTER OF EAGLE WING DEVELOPMENT AN APPLICATION FOR A CONDOMINIUM SUBDIVISION PRELIMINARY AND FINAL PLAT On October 18, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, the applicant, William J. Korby, owner of the property, applied for Condominium Subdivision, preliminary and final plat approval in an R15 Residential District. For the purpose of building 16 units per acre for the purpose of establishing 15 4 plexes on 4 acres at a density of 3.75 lots per acre (15 dwelling units per acre, multi unit complexes) came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting consideration for said plat approval. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW: 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, including Eagle Sewer District, Eagle Fire District, Central District Health, and Ada County Highway District. The City was advised by said entities that subject to certain conditions there was no objection to the establishment of the proposed rezone: 2. On October 18, 1993 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission. There was no public testimony offered. 3. The proposed location for the condominium subdivision is bordered to the East, West and South by an R5 district, to the N by an R5 district and the Seventh Day Adventist Church: 4. This project was approved the City for a rezone and development, accompanied by an executed Development Agreement. Since that time it has been established that although this is only one lot, this project is being designed as a condominium project. The land will be owned by a homeowners association, but the units will be sold. In order to sell units the notice and procedures requirements of State Code and Eaqle City Code make it mandatory to return a "Bubdivision preliminary and final plat" to P&Z and Council for plat approval. 5. The property is in a residentially zoned district, (R5), multi- family use is permitted. The current zoning will allow 20 dwelling units, the requested zoning will allow up to 64 units. 6. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: The definition of multi-family use, Eagle City Code 8-1-2, is as follows: A dwelling consisting of three (3) or more dwelling un! ts including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units. This property is in the Eagle Sewer District's area. 8-1-1: zoning Interpretation and Definitions: A. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located: B. No building or other structure shall be erected or altered: 1. to provide greater height or bulk 2. to accommodate or house a greater number of families 3. to occupy a greater percentage of lot area, or 4. to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this Title. This development is in a residential zone. All building height and lot area regulations (ECC 8-2-4) must be met. Those requirements are as follows: Maximum Height 35 ft Front yard setback 20 ft Rear yard setback 25 ft Side (interior) sb 7 1/2 ft Side (exterior) sb 20 ft **5 ft per story setback for multi-story exceed 3 stores Maximum lot cov Minimum Lot cov 40% 6000sq ft structures, not to 8-3-3-(C): Yards in Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district. TITLE 9-SUBDIVISIONS The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. With respect to the review of the preliminary plat: Title 9-Land Subdivisions: 9-1-3: PURPOSE: The purpose of these regulations is to promote the public health, safety and general welfare, and to provide for: ' A. The harmonious development of the City and its area of impact: B. The coordination of streets and roads within a subdivision with other existing or planned streets and roads: C. Adequate open space for travel, light air and recreation: D. Adequate transportation, water drainage and sanitary facilities: E. The avoidance of the scattered subdivision of 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 be created, improved and maintained: and 2. water and sewer and other utility mains, piping connection, or other facilities shall be installed G. The manner and form of making and filing of any plats: and H. The administration of defining the powers and these regulations by duties of approving authorities. 9-2-3: 9-2-4: Preliminary Plat Procedures 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, 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 wi 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 wli the City and install, at the subdividerA' 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. UNDERGROUND UTILITIES: are required 9-4-1-8: Greenbelt Areas, landscaping screening 9-4-1-12: 1. 9-4-2-2: Guarantee of improvements a. Performance bond b. Cash deposit 9-5-4-4: Control during development, time limit CONCLUSION The Commission concludes that the application for preliminary and final plat approval for a one lot Condominium Subdivision is consistent with the intent and purpose of Title 9 of the Eagle City Code and that the proposed development advances the public welfare and that the proposed land use presented and the interrelationship with the land uses in the surrounding area justify the granting of a subdivision: 2. The granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City code or Eagle Comprehensive Plan, with the conditions recommended by the Eagle Planning and Zoning Commission. 3. The property is in a residentially zoned district, (R15) , multi-family use is permitted. The current zoning will allow 20 dwelling units, the requested zoning will allow up to 64 units. RECOMMENDATION Based upon the foregoing findings of facts the Eagle Planning and Zoning Commission concludes that the recommendation to Council for the applicant's request for a condominium subdivision should be granted. Since the development was first approved the City has initiated the curb, gutter and sidewalk requirements on State St. There are 3 other developments to the east and west of this project that will be required to install curb, gutter and sidewalks (Bosanka, Kestral Cove and Rick's River Ridge). This project needs to follow suit, and should be required to install curbs, gutters, sidewalks, street lights, trees irrigation and tree wells. All standard conditions are required. Those conditions are as follows: CITY OF EAGLE STANDARD CONDITIONS FOR SUBDIVISION APPROVAL 1. Developer andlor 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.) 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 utili ties 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 andlor owner has made arrangements to comply with all requirements of the Fire Department", prior to signing of the final plat by the City Engineer. Eagle Fire Department shall check off and approve all fire hydrant locations, Minimum flow per hydrant shall be 1000 gallons per minute for one and two family dwelling. Dwellings having a fire area in excess of 3,600 sq ft shall be required to have 1,500 gallons per minute. Eagle Fire Department shall check off and approve the fire protection system prior to issuance of a building permit. 7 . Compliance with Idaho Code, section 31-3805, irrigation rights, transfer and disclosure. concerning A. The water rights appurtenant to the 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 andlor owner shall submit a letter from the appropriate drainage entity approving the drainage system andlor accepting said drainage: or submit a letter from a registered professional engineer certifying that all drainage 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 9. 10. developer may either construct prior to final platting or post bond/agreement in the amount of 110% of the estimated construction costs. 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". 11. Developer andlor owner shall pay street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. Developers and lor owner shall delineate on the face of the final plat an Eagle City street light easement, acceptable to the City Engineer, for the purpose of installing and maintaining city-owned street light fixtures, conduit and wiring lying outside the dedicated public right-of-way, prior to signing of the final plat by the City Engineer. A. 12. The Developer andlor owner shall provide utility easements as required by the public utility providing service prior to signing of the final plat by the City Engineer. 13. The developer andlor owner shall comply with the provisions of the Eagle City Code which specify limitation on time of filing. A request for time extension, including the appropriate fee, shall be submitted to the City Clerk for 14. 15. 16. 17. 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) 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. 19. The recreationlgreenbelt area along the Boise River andlor parking therefore shall be approved by the Eagle City Greenbelt Committee prior to approval of the final plat by the Eagle City Council.*** 20. The development shall comply with the Boise River Plat in effect at the time of City Council consideration of the final plat.**** 21. Conservation, recreation and river access easements shall be approved by the Greenbelt Committee and shall be shown on the final plat.*** 22. 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.*** 23. Approval of all well water for domestic use by the Idaho 24. 25. 26. 27. 28. 29. Department of Water Resources shall be obtained prior to signing of the plat of phase 1 by the Eagle City Engineer***. The developer shall obtain approval of the development relative to its effects on wetlands or other natural waterways from the Corps of Engineers and the Idaho Department of Water Resources andlor any other agency having jurisdiction prior to signing of the final plat by the City Engineer.**** All homes being constructed with individual septic systems must have the septic systems placed on the street side of the home.**** Basements in prohibited.****** homes in 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. 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. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of November, 1993. KE MITH CHAIRMAN, EAGLE PLANNIN AND ZONING COMMISSION , ; .,