Findings - PZ - 1995 - Annex/Zoning/Subd PP - Spyglass Subd/33.74 Acre/25 Building Lots/1 Common/2 Landscape/Ind Septic
ORIGINAL
CITY OF EAGLE
J:N THE MATTER OF
AN APPLICATION FOR
SPYGLASS SUBDIVISION
FOR ANNEXATION, ZONING
AND A SUBDIVISION
PRELIMINARY PLAT BY MERIT
HOMES
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AND )
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FINDINGS OF FACTS
&
CONCLUSIONS OF LAW
On August 7, 1995, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Chip Gallagher, the
applicant, Dean Briggs and Van Elg of Briggs Engineering, Engineer
for the applicant came before the Eagle Planning and Zoning
Commission, for the City of Eagle, Idaho, requesting approval for
annexation, zoning (R1) and a subdivision preliminary plat. This
subdivision is located on the northwest corner of Locust Grove Road
and Chinden Boulevard. The proposal is for a 33.74 acre subdivision
with 25 building lots, one common lot and 2 landscape lots for a
density of .74 dwellings per gross acre. The development is
planned with community water and individual septic systems.
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 August 7, 1995, 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 provisions for controlling odors from
neighboring properties and protecting waterways and Farmers Rights.
Jason Jacobean: in favor
Steve Farmer: in favor
Janet Mitchell: in favor
2. Dean Briggs, Project Engineer spoke regarding the proposed
drain fields and described how the proposed sewage disposal system
would work with individual septic tanks in the front of the
properties and shared drain fields in the backs. The neighboring
well and the well within the subdivision will meet all the health
district requirements regarding the proposed drain fields and their
distance from these wells in the final design. The developer and
engineer addressed concerns by the Commission regarding fencing
and/or protection of irrigation water and a high voltage power
service on adjacent property from residents, children and animals
within the subdivision. The engineer also presented testimony
regarding requirements of ACHD and the possibility of limiting the
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subdivision access to only Locust Grove, putting a cul-de-sac on
Spanish Bay Drive (the street proposed to connect to Chinden
Boulevard) and stubbing a street access to land to the west of this
proposal.
3. 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 Transportation Department 7/28/95: "The Idaho Transportation
Department has reviewed this preliminary plat and with the proposed
right turn lane that the developer will construct all of our
concerns have been satisfied. We will not allow direct access on to
Chinden Blvd. from lots 1 & 2 Block 2, lots 4, 5, & 11 Block 1."--
Gary Moles
EAGLE FIRE DEPT: 7/25/95
1. Street signs shall be up prior to building homes.
2. 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.
3. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
4. 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.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-II1-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-l-, 1991 UFC
COMMENTS AND ADDITIONAL REQUIREMENTS: "This is what would be
required if the subdivision was in the Eagle Fire Protection
District. However, it is in the Meridian Fire District. Eagle has
had the past practice of requiring the change in fire districts as
a condi tion of approval. Please let me know if this terri tory will
wan t tha t change al so. ,,- - Dan Friend
Meridian School District:
7/27/95;
The Dist.
can predict when
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completed, this subdivision will house 9 elementary aged children,
6 middle school aged children and 7 senior high aged students. At
the present time Eagle Hills Elementary is 135% at capacity. The
District is not opposed to growth, however this subdivision will
cause increased overcrowding in the elementary school. There is
little opportunity to shift attendance boundaries since the
surrounding schools are also well over capacity. The cost per
student for newly constructed schools, excluding site purchase
price and offsite improvements, exceeds $5, 000 per elementary
student and $10,000 per middle or high school student. The
District asks for your help in dealing with the impact of growth on
schools.
Ada County Assessors Office: 7/27/95: Comments: 1. The legal
description for the subdivision on the plat map does not match the
written legal description. 2. The legals run in opposite directions
on the plat vs. written legal.
Eagle Sewer District: "This proposed subdivision is outside of
Eagle Sewer District's planning area boundaries and is not eligible
for central sewer service." 7/26/95
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The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
l-lO-2: ANNEXATIONS: Whenever any land lying contiguous or
adjacent to the City shall be or shall have been laid off into lots
or blocks containing not more than five acres of land in each when
lawfully subdivided or platted or not; or whenever any person has
sold or begun to sell such contiguous or adjacent lands in tracts
not exceeding five acres; or whenever the owner or his agent on
such contiguous and adj acent lands shall 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.
8-7-6: ZONING UPON ANNEXATION: Prior to annexation of an
unincorporated area, the Council shall request and receive a
recommendation from the Planning and Zoning Commission, or the
Planning Commission and the Zoning Commission, on the proposed
Comprehensive Plan and changes to this Title for the unincorporated
area. Each Commission and the City Council shall follow the notice
and hearing procedures. Concurrently or immediately following the
adoption of an ordinance of annexation, the Council shall amend the
Comprehensive Plan the this Title
ZONING DISTRICTS
8-2-1: Districts established
R Residential Districts: to provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The number designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all districts
exceeding one dwelling unit per acre.
8-2-3: Schedule of District Use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
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3. Approval
4. Expiration of permit
5. Occupancy
9-3-7: PLANTING STRIPS AND RESERVE STRIPS: Planting strips and
reserve strips shall conform to the following standards:
A. Planting strips: Planting strips shall be required to be
placed next to the incompatible features such as highways,
railroads, commercial or industrial uses to screen the view from
residential properties. Such screening shall be a minimum of 20'
wide, and shall not be a part of the normal street right of way or
utility easement.
9-4-l-9: WATER SUPPLY AND SEWER SYSTEMS:
All public water supply or sewer systems) serving 2 or more
separate premises or households) shall be constructed in accordance
with any adopted local plans and specifications. All new public
water supply or sewer systems shall be an extension of an exist
public system whenever possible. In the event that the proposed
public water supply or sewer system is not an extension of an
existing public system, there shall be a showing by the subdivider
that the extension is not feasible and not in the best interest of
the public.
EAGLE COMPREHENSIVE PLAN
This proposal is in an area designated as Low Density Residential
on the Comprehensive Plan Land Use M~p
LAND USE: Residential uses- I. The residential densities in the
City limits shall not exceed the land use designations as reflected
on the Land Use Designation Map, adopted with the 1993 Eagle
Comprehensive Plan on May 11, 1993.
Low Density Residential
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. Appropriate residential densities are 2
dwelling units or fewer per gross acre.
SEWER SUPPLY
All new developments of five or more lots, or development tracts
that will entail five or more lots upon completion with densities
of more than three single family units per five acres, (at least
one unit per 1.67), and all large commercial/industrial
developments shall be required to: (A) be connected to a central
sewer system. A central sewer system shall be defined as a
collection of sanitary sewer lines that connect all users to a
central treatment plant. All sewer systems must meet Central
District Health standards.
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COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
CITY OF EAGLE
STANDARD CONDITIONS
amended: 1-95
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
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the Ada County Highway District and the Ada County Treasurer.
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,
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10.
11.
12.
13.
14.
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".
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/or 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 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.***
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15.
16.
17.
18.
19.
20.
21.
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 proj ect for service, prior to
signing of the final plat by the City Engineer (B.C.C. 9-20-
8.4)
No ditch, pipe or other structure or canal, for irrigation
water or irrigation waste water owned by an organized
irrigation district, canal company, ditch association, or
other irrigation entity, shall be obstructed, routed, covered
or changed in any way unless such obstruction, rerouting,
covering or changing has first been approved in writing by the
entity. A Registered Engineer should certify that any ditch
rerouting, piping, covering or otherwise changing the existing
irrigation or waste ditch (1) has been made in such a manner
that the flow of water will not be impeded or increased beyond
carrying capacity of the downstream ditch; (2) will not
otherwise injure any person or persons using or interested in
such ditch or their property; and (3) satisfied the Idaho
Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the
construction drawing and submitted to the City Engineer prior
to signing of the final plat by the City Engineer.
Any recreation area, greenbelt area or pathway area along the
Boise River, Dry Creek or any other area designated by the
Councilor Eagle City Pathway/Greenbelt Committee for a path
or walkway shall be approved by the Eagle City
Pathway/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 Eagle City Pathway/Greenbelt Committee and
shall be shown on the final plat.***
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22.
23.
24.
25.
26.
27.
28.
29.
30.
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
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/Landscaping 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.
Street improvements on State St. and/or Eagle Rd. will be
required as outlined in ECC (8-3-6). Sidewalks should be
concrete.
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CONCLUSION
The Commission concludes that the application for annexation and
zoning (Rl), for Spyglass Subdivision is consistent with the intent
and purpose of the Idaho State Code, the Eagle Comprehensive Plan
and Eagle City Codes, 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 citizens of Eagle and is in accordance with the
comprehensive plan.
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
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 an annexation, zoning (Rl) and
a subdivision preliminary plat for Spyglass Subdivision with
the standard conditions and the following:
1.
requires Central District Health approval of proposed sewage
disposal system
require pressurized irrigation
authorization and signature from Zinger Lateral
on west and north side fencing and plantings be
well as protection provided around the electrical
as required by well property owner
the "Right to Farm" included in the CC&R's, posted on the
property and on plat
annexation to Eagle U.S. Postal Services and Eagle Fire
District
20' wide screening planting strips and reserve strips west and
north (landscaping)
standard conditions of approval
the well on Lindley's property shall have no contamination or
2.
3.
4.
waterways.
provided as
box-well site
5.
6.
7.
8.
9.
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otherwise be adversely affected by the establishment of drain
fields
10. condition #17 modified to read "when sewer is available the
development must hook up to the sewer district"
11. condition #25 modified to use septic tanks on street side and
drain fields in the back side
12. condition #30 does not apply
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of August, 1994.
APPROVED:
(
ATTEST:
']
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Bert Bradley
Planning and Zoning Commission
Barbara Montgomery
City of Eagle
On September 12, 1995, the Eagle City Council held a public hearing
to consider the application of Spyglass Annexation, Zoning and
Preliminary Plat Application. The Eagle City Council concludes that
the application should be approved based on the fact that the
application proves no hardship on the public or surrounding
property owners. The granting of the application does not violate
the Idaho Code nor nullify the interests or purposes of the Eagle
City code. The application is therefore approved with all of the
conditions recommended by Planning and Zoning.
Approve:
~~
Attest:
Steve Guerber, Mayor
City of Eagle
(ì .
1~/¡ I, ì ,
, . {l'/ ,VfJc-- '- "q lit Vo\ ð~
Barbara Montgomery" i
City of Eagle
(
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otherwise be adversely affected by the establishment of drain
fields
10. condition #17 modified to read "when sewer is available the
development must hook up to the sewer district"
11. condition #25 modified to use septic tanks on street side and
drain fields in the back side
12. condition #30 does not apply
City of
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