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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 ) ) ) ) AND) ) ) ) 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 1 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". 2 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: 3 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:--- 4 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 5 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 6 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. 7 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. 8 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 9 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 10 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: 11 COMMISSION :;: " M .. ~ .. ... ... ... .. ~"":;::~; ""¿. "- "", "., .'h~H,""~'" 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 Att..,~. \ /ì) , . ~: ,\ \ \ ~\' ~ \ ',~ , '..,g' RBA~~MERY \ 12