Findings - PZ - 1993 - A/Zoning/PP - Sugarberry Subd/Annex/Zone R1/Pp
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
SUGARBERRY SUBDIVISION
AN APPLICATION FOR
ANNEXATION, ZONING
A SUBDIVISION,
PRELIMINARY PLAT I
BY LOREN SAUNDERS
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FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On December 6, 1993, Pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, Loren
Saunders, the applicant, came before the Eagle Planning and Zoning
Commission, for the City of Eagle, Idaho, requesting approval for
annexation, zoning (Rl) and a subdivision preliminary plat. This
subdivision is located at 1/4 to 1/2 M N of Chinden Blvd. on N.
Meridian Rd.
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. On December 6, 1993, a public hearing was conducted by the
Eagle Planning and Zoning Commission. Testimony was presented by
neighborhood property owners. There was no opposing testimony but
inquiries were made regarding concern about wells in the area and
additional traffic problems the development might generate.
2. 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 POWER: Will require a permanent 10 ft wide pu easement along
all lots adjacent to a road right-of-way dedicated to public or
private use.
CENTRAL DISTRICT HEALTH: Will require a complete engineering report
to be submitted with accurate soils and groundwater data.
MERIDIAN SCHOOL DIST:
This planned development will accelerate
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the need for Joint School Dist. #2 to construct additional
classrooms and adjust school attendance boundaries. The District
asked for support in a development fee statute on new home
construction. If this support is lacking they ask that additional
residential development be denied.
EAGLE SEWER DIST: is located outside Eagle Sewer's District
Planning Area. There are no sewer lines in the area that could
serve this property. Septic systems need to be placed on the
street side of the home.
3. The subdivision consisting of 73.4 acres, containing 35 lots
ranging from 1.67 acres to over 2 acres. (Northern lots 2 acres or
more as a transition zone between Clearvue and Sugarberry). This
is a 3 phase project from 1994-96. The subdivision will be an
urban forest-wooded look. In order to accomplish this each acre
will be required to provide 10,000 sq ft (1/4 acre) of wooded area.
Lots 9, (3.2 acres), 24 (1 acre) and 26 (2 acres) of Block 1 have
existing homes. Lots 24,25, & 26 will access off of Meridian Rd.
4. The SW parcel is not a part of this subdivision. This parcel
is owned by H. James and Mary Spika. Mr. and Mrs. Spika authorized
Loren Saunders to include their property in the annexation, but
omit the property from the subdivision. Lot #4 is owned by Timothy
Minor. Mr. and Mrs. Minor authorized Loren Saunders to include his
parcel in the annexation, zoning and subdivision preliminary plat.
5. This subdivision will incorporate a pressurized
system and will tile the ditch.
irrigation
6. The streets will be built to rural standards and will provide
a pathway on one side of the street. Street lights will be
incorporated within this subdivision.
7. The development is bordered to the south, east and west by
County RT zoning and north by Clearvue Estates Subdivision.
8. 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 annexation, zoning and
preliminary plat:
1993 EAGLE COMPREHENSIVE PLAN
The Land Use Designation Map: Low Density Residential (2 or fewer
dwelling units per acre). Suitable primarily for single family
residential development within areas that are rural in character,
possess significant physical characteristics, are environmentally
sensitive and are within the Urban Services area.
This location is in the 1993 Eagle Comprehensive Plan is outside
the "Special Area".
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Transportation:
Policies and Goals:
5. To require that new developments provide for pedestrian,
equestrian and bicycle circulation in accordance with adopted local
and regional pathway plans.
6. To limit direct access to arterial and collector roadways from
residential lots.
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
adj acent lands in tracts not exceeding 5 acres; or
whenever he owner or his agent on such contiguous and
adjacent lands hall 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 8-Z0NING
8-7-6:
8-8-2:
ZONING UPON ANNEXATION
ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT
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:
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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 I 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 extent 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 these regulations by defining the
powers and 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:---
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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 I 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 subdividers w/in the City and
area of impact shall be required to install, at the subdividers'
expense, street lights in accordance with City specifications and
standards at location designated by the Administrator, or
representative----.
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: BICYCI.E PATHWAYS: Shall be provided, as part of the pub 1. ic
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:
9-4-2-2:
Greenbelt Areas, landscaping screening
Guarantee of improvements
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a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSION
The Commission concludes that the application for annexation and
zoning (Rl), for Sugarberry Subdivision and the SW parcel abutting
the subdivision, is consistent with the intent and purpose of the
Idaho State Code, 1993 Eagle Comprehensive Plan and Eagle City
Codes I specifically IC 50-222,67-6525,67-6509, City Code 1-10-2,
and Title 8-2-1 establishing zoning districts. The zoning
designation is in accordance with the Eagle Comprehensive Plan and
serves the welfare of the general public, and is in the public
interest.
The proposed development is appropriate and follows the orderly
development of the City and protects the health, safety and welfare
of the new 1993 comprehensive plan.
There is adequate evidence showing that this subdivision
development I at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Section 9-1-3
of the Eagle City Code, the general subdivision provisions. The
development, if the conditions attached are met, will promote
public welfare, safety and the Subdivision provides for harmonious
development. And, will provide adequate water and sewer services
through individual wells, and an approved septic system. (9-4-1.9)
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;
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application for a annexation, zoning (Rl) and
a subdivision preliminary plat be approved subject to the
following conditions:
1-
2.
3.
The standard subdivision conditions of approval
Written permission from the canal company to tile the
ditch
Installation of a pressurized irrigation system
Further;
The Commission recommends to Council the annexation of the SW
parcel owned by H. James and Mary Spika, and to zone the
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parcel Ri.
This recommendation shall not be construed as endorsing the precise
location and nature of proposed uses or engineering feasibility.
A final development plan and subdivision plat must be submitted by
the applicant to the Commission and Council proving conformance
with the conditions established herein and providing such
additional information as is required under Sections 8-6-6-3 and 9-
2-4 of the Eagle City Code.
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 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)
4.
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 I 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.
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".
A.
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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 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 I 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.
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10.
11.
12.
13.
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 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 I 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
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14.
15.
16.
17.
the Eagle City Code which specify limitation on ti.me 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)
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.
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.***
19.
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
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23.
24.
25.
26.
27.
28.
29.
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 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.
****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 December, 1993.
APPROVED:
ATTEST:
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COMMISSION
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THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Sugarberry Subdivision annexation and zoning, including
the Spika parcel, and the preliminary plat presented for Sugarberry
Subdivision adopted by the Eagle Planning and Zoning on December
20, 1993, are hereby adopted by the Eagle City Council:
DATED this ---- day of
Approved:
I 1993
MAYOR STEVE GUERBER
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