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
, ;
.,