Findings - PZ - 1995 - Annex/zoning/lot split PUD/subdivision PP - Annex/Rezone R5/Lot Split/Pud To Incude Golf Course/Clubhouse
CITY OF EAGLE
:IN THE MATTER OF
AN APPLICATION FOR
BANBURY MEADOWS SUBDIVISION
AN APPLICATION FOR ANNEXATION,
ZONING, LOT SPLIT, PUD AND
A SUBDIVISION PRELIMINARY PLAT
BY HARVEY HOFF
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FINDINGS OF FACTS
AND
CONCLUSIONS OF LAW
On April 3, 1995, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Harvey Hoff the
applicant, Dick Phillips, representative for the applicant¡ and Roy
Johnson¡ Engineer for the applicant¡ came before the Eagle Planning
and Zoning Commission¡ for the City of Eagle, Idaho¡ requesting
approval for annexation¡ rezoning (R5)¡ a lot split application,
PUD to include a golf course and clubhouse¡ and subdivision
preliminary plat applications. This project is located on the south
side of the south channel of the Boise River approximately 1/4 mile
west of Eagle Road. 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:
ACHD: 3/23/95¡ Lengthy comments were received from ACHD as a
result of their technical review of the proposal on March 20. See
the complete write up attached to this staff report.
Division of Environmental Quality: 3,16/95¡ an excerpt: " . . it is
our understanding that water will be supplied from a community
system¡ and sewer service will be provided by the Eagle Sewer
District. The development might include a pressurized irrigation
system. Plans for sewer¡ water¡ and pressurized irrigation must be
submitted to DEQ for review and approval prior to construction.
Under the" Idaho Rules for Public Drinking Water Systems" ¡the
central water system will be considered a public system. The
system will require dual source wills and deeded well lots, which
must be protected from potential sources of contamination. Well
sites must be approved by DEQ prior to drilling, and construction
plans for production equipment¡ well houses, storage facilities¡
etc. must also be submitted to DEQ for approval prior to
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construction.
Based on our experience with small water systems, we recommend that
the developer attempt to connect to a commercial water system, if
possible. If no company can serve the project, we recommend that
the developer submit a "viability" analysis for the water system¡
to project operating, maintenance, and replacement costs, which
typically are borne by aa homeowners ¡association. Homeowners
should be aware that monitoring and reporting requirements are
expensive¡ and that operating and maintenance costs can be
significant."
DeDartment of the Army: 1/25/95: an excerpt: "Based on our review
of the preliminary plat, there are at least four roadway crossings
and associated utility lines crossings of wetlands that would
require approval from this office. Further¡ several of the tee off
boxes, fairways and putting greens appear to encroach into wetlands
which also would require approval."
FEMA: 2/1/95: FEMA recommends the developer show the floodway and
floodplain boundaries on the plat. FEMA: 4/10/95, by phone with
Marcia Melvin: "The floodway area should be marked when grading is
being done in the area to avoid accidentally disturbing materials
within the floodway. Local ordinances do not permit building in
the floodway."
Ada County Assessor: 1/27/95, comments: All riverfront property
may not be covered by disclaimer at 7721380. Will Golf Course
require a separate legal description?
US Dept of Interior. Fish and Wildlife Service: 3/8/95, "The
Service has been involved with this project. The applicant¡s
representative, Bill Selvage¡ sought input from this agency and
others early in the planning process and we have visited the site
with him several times. We believe that the present proposal
reflects a reasonable compromise between residential development
and maintenance of fish and wildlife values. This was achieved
through low building densities and setbacks from riparian and
wetland areas. The Service understands that the project proponent
will seek all assurances possible to protect the natural qualities
of the protected riparian and wetland areas. This was to be done
by recording the agreed-to riparian setback boundary on the plat or
deeds for lots; Between that boundary and the river (or wetland
area)¡ no construction or alteration of natural vegetation is to
occur. We encourage the City of Eagle to use whatever mechanisms
are available to you to assure these protective measures are
recorded."
St. of Idaho DeDt. of Water Resources: 3/9/95 ¡ "The Banbury
Meadows plan indicates a larger development for homes, assumed
yards and a golf course. The above comments for the Streamside
Subdivision also apply to the Banbury proposal. It should be noted
that the drought moratorium will not allow irrigation of maj or
parcels such as a golf course with a new water right. W new golf
course could only be irrigated via an existing right which might
involve the Amendment or Transfer option previously noted.
"The Streamside Subdivision proposal indicates a number of homes
and (assumed) yards plus at least one pond near the Boise River.
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A new water right is needed if a community well(s) is to be drilled
for domestic (in-house) and/or irrigation (yard) use. Due to the
drought moratorium restricting approval of some but not all new
water rights in the Boise River drainage¡ a community well water
right will be limited to in-house use plus up to one-half acre of
irrigation per home. No common areas or parks etc. can be included
in the new water usage.
Construction of a pond(s) might be problematic under the moratorium
terms. The developer should contact this office to determine if
new pond development can be authorized under an existing or new
water right.
U.S. DeDt of the Interior, Fish and Wildlife Service: 3/8/95¡ "We
have been provided with a copy of the wetland delineation for this
project¡ and we have discussed potential impacts of a subdivision
and golf course with Chris Korte, representative of the applicant.
However, we are not familiar with the specific proposal or with
specific potential impacts from it. Generally speaking, we
recommend wide buffers of riparian vegetation between housing and
the river and wetland areas, and we suggest low building densities
adjacent to riparian habitat."
EAGLE FIRE DEPT. 1/23/95:
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 in accordance with Fire codes.
2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFO¡ this section covers width and turn-abounds.
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.
Recommendations on subdivisions with lesser density (2 acres or
more per house) may be
a. ponds and frost free draft hydrants¡
b. underground storage tanks fed by larger home domestic wells
c. fire truck connectors on irrigation systems.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-111-A-1, 1991
UFO.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-¡ 1991 UFO
Central District Health: 2/27/95; "After written approval from
appropriate entities are submitted¡ we can approve this proposal
for central sewage. The following plans must be submitted to and
approved by the Idaho Department of Health and Welfare¡ Division of
Environmental Quality: Central Sewage and Central Water. Street
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runoff is not to create a mosquito breeding problem."
STORMWATER MANAGEMENT RECOMMENDATIONS
We recommend that the first one half inch of stormwater be
pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water
quality. The engineers and architects involved with the design of
this project should obtain current best management practices for
stormwater disposal and design a stormwater management system that
is preventing groundwater and surface water degradation. Manuals
that could be used for guidance are:
1. STORMWATER MANAGEMENT MANUAL FOR THE PUGET SOUND¡State of
Washington Department of Ecology¡ February 1992.
2. ADA COUNTY HIGHWAY DISTRICT GUIDELINES FOR STORMWATER AND SITE
DRAINAGE MANAGEMENT.
3. CALIFORNIA BEST MANAGEMENT PRACTICE HANDBOOK Prepared by Camp
Dresser and McKee¡ Larry Walker Assoc. for the Stormwater Quality
Task Force.
4. URBAN STORM DRAINAGE CRITERIA MANUAL Volume 3, Best Management
Practices, Stormwater Quality¡ Urban Drainage and Flood Control
District¡ Denver, Colorado.
Stormwater management recommendations are to be followed.
Meridian School District: 1/25/95: The Dist. can predict when
completed¡ this subdivision will house 102 elementary aged
children¡ 85 middle school aged children and 105 senior high aged
students. At the present time Eagle Hills Elementary is 131% at
capacity. The District is not opposed to growth¡ but this
development will cause increased overcrowding in all 3 schools.
Before the District could support this subdivision, they would need
land dedicated to the district or made available at a minimum price
for a school site¡ with water and sewer capacity. Another bond
would need to pass for construction of schools. The District asks
for your help in dealing with the impact of growth on schools.
Idaho Power: 1/30/95: "We require a permanent 10-foot wide public
utilities easement along all lots adjacent to a road right-of-way
dedicated to public or private use." Idaho Power: 3/10/95, "We
require a permanent 10-foot wide public utilities easement along
all lots adjacent to a road right-of-way dedicated to public or
private use."
Eagle Sewer District: 2/13/95¡ "The majority of the Banbury Meadows
property is within Eagle Sewer District's Planning Area. A small
portion lies outside the Planning Area¡ s west boundary. The
portion within the Planning Boundary has been annexed into our
district¡ and it is our intention to serve this portion of the
project as soon as the easements are secured and the sewer line is
installed. Eagle Sewer District is in the process of reviewing our
planning boundaries for possible adjustment and/or expansion. If
the Board deems that the planning boundaries can be expanded¡ we
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will be reviewing the District as a whole and will most likely
establish guidelines under which certain properties may be brought
into the modified planning area. It is anticipated that the
remaining portion of the Banbury Meadows property would be reviewed
for inclusion."
2.
There was written testimony
proposal from June Walters.
regarding
the
name
of
this
3.
Oral testimony from George Dillard expressed concerns about
impact on areas not included in the subdivision, but along
Eagle Road¡ such as his property. His property backs up to
the driving range. He suggests a study to determine the
impacts to him and his neighbors. He is also concerned about
the water problem and what will happen to his well and
irrigation water.
Mark Canfield testified that the project is too dense and
needs to be more consistent with existing land uses in the
area.
Carlene Canfield agreed with her husband.
P. Lundgren was concerned about irrigation and water access.
Locust Grove access grade is too severe. This project would
obstruct his view and traffic would be at his bedroom window.
Glida Bothwell was concerned about density and the wildlife.
With all the homes approved in Eagle the population will
double.
In Favor:
in favor¡ wants Joplin Moors to be considered
June Walters:
for the name.
Teresa Owens: in favor,
traffic¡ wants horse trails.
Bob Nemec: high density and may be impacts¡ but in favor
Jack Daley: in favor
Stan Moss: in favor
Jim Herrett: in favor
Jim Stout: wants the roads to line up with Fall Creek. He
will work with the developer to do that with his property,
which would make that possible. When both streets line up a
stop light should be installed.
is concerned about density and
CONCLUSION
The Commission concludes that the application for annexation¡
rezoning (R5), lot split ¡ PUD and preliminary plat for Banbury
Meadows Subdivision is consistent with the intent and purpose of
the Idaho State Code¡ 1993 Eagle Comprehensive Plan and Eagle City
Codes, specifically, 67-6509¡ and City Code¡ and Title 8-2-1
establishing zoning districts. The project serves the welfare of
the general publicI in that it provides homes at a density that is
compatible with the surrounding residential densities¡ the Planned
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Unit Development utilizes cluster housing and density transfers to
create more accessible open space and includes a golf course which
will be open for public use and is in the public interest.
The proposed development¡ annexation and rezone are appropriate and
follow the orderly development of the City and protects the health,
safety and welfare of the 1993 comprehensive plan. The
applications for the parcels to be annexed and rezoned are
consistent with surrounding, contiguous zoning within the City.
The nature of the geography in the area warrants a limitation on
fireplaces due to fog and air stagnation in the valley at the
bottom of the "bench" in this area.
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 Section 9-1-3
of the Eagle City Code, the general subdivision provisions. The
lot split application is appropriate as the property is currently
used by two parties. The development, if the conditions attached
are met, will promote public welfare, safety and the Subdivision
provides for harmonious development.
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 annexation, rezoning (R5), lot
split, PUD and a subdivision preliminary plat for Banbury
Meadows Subdivision with the following conditions:
1. Standard Conditions of Approval for Subdivisions
2. Dedicated well lots be identified as well lots used as a
central water system or a company ownership
3. Restrict wood burning devices to those approved by EPA, no
wood burning fireplaces
4. 2 accesses to the NW portion of the property to be
accessed for a natural park to the river pathway
The motion was amended to include consent to develop the golf
course first because of the unique nature of golf course
construction in relation to surrounding homes and the time
necessary for landscape to mature waiving ordinance
requirements for 50% of the residential to be done prior to
commercial.
The Standard Subdivision Conditions are as follows:
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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)
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.
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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.
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
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10.
11.
12.
13.
14.
15.
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 feel 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
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16.
17.
18.
19.
20.
21.
22.
23.
24.
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)
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
relative to its effects on wetlands or other natural waterways
from the Corps of Engineers and the Idaho Department of Water
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25.
26.
27.
28.
29.
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 homes in the flood plain will be
prohibited
.******
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
Eagl~~)Idah6 his~12- day of
APPRcW"ED :
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and Zoning Commission of the City of
April¡ 1995.
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ATTEST:
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