Findings - CC - 1994 - subd PP/R4 zone 27 lots 1 common lot - Curlew Subdivision/Monte Silliman/Walnut Ridge Par
CITY OF EAGLE
IN THE MATTER OF }
AN APPLICATION FOR)
CURLEW SUBDIVISION)
AN APPLICATION FOR)
A PRELIMINARY PLAT)
BY MOnte Silliman, )
Walnut Ridge Partnership)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
On December 28, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, Tony
Hickey., the owner of the property, came before the Eagle City
Council, for the City of Eagle, Idaho, requesting approval for a
subdivision preliminary plat in an R4 zone for 7.0 acres, 27
buildable lots, 1 common lot, gross density 4.0. The project is to
be complete in one phase. This subdivision provides for curb,
gutters and sidewalks along Edgewood as well as through the
subdivision. The lots average 6500 sq. ft to 7000 sq. ft.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Council 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: 11/1/93: This subdivision is within or adj acent to the
proposed corridor for the reconstruction of Hill Rd. They request
a deferred decision on this subdivision until the ACHD Commission
can make a decision regarding the selection of a corridor. An
additional letter was received on 11/30/93 in which the ACHD
Commission intends to preserve the right of way needed for the Hill
Road Corridor. The Curlew Meadows Subdivision lies directly in the
path of the corridor, therefore, ACHD is proceeding with the
acquisition of the property and requests the City deny the
application.
US WEST: requests a 10' easement along all front and rear property
lines and a 5' easement along all side lot lines.
CENTRAL DISTRICT HEALTH: After written approval from appropriate
entities are submitted, we can approve this proposal for central
sewage and water. The plans must be submitted and approved by the
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Idaho Dept. of Health and Welfare, and DEQ.
ADA COUNTY ASSESSOR
EAGLE FIRE DEPT:
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 UFC, this section covers width and turn-arounds.
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.
The fire-flow for buildings other than one and two family dwellings
shall not be less than that specified in Table No. A-111-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
EAGLE WATER CO:
regulations.
10/15/93 - will provide water under rules of PUD
EAGLE SEWER DIST: 10/26/93: Is in the District's Planning Area.
The subdivision will require a lift station which will serve only
the Curlew Meadows project.
MERIDIAN SCHOOL DIST: This planned development will accelerate 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 CITY ENG:
10/26/93 -
1. The common lot, lot 16, block 1 should be connected to the
roadway with some type of crossing of the Dry Creek Canal. A
pedestrian bridge would be appropriate
2.
East Idaho St. is over 1000 ft. long.
3. ACHD should respond as to how this development is impacted
by the new Hill Rd. alignment
4.
The density complies with R4.
2. LOCATION: SE of intersection of N. Edgewood Lane and Hill Rd.
(site of Avante Subdivision)
"'
3. The standards used in evaluating the application are in the
following Sections of the Idaho State Code and Eagle City Code.
TITLE 9-SUBDIVISIONS
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan.
With respect to the review of the preliminary plat:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the
public health, safety and general welfare, and to
provide for:
A. The harmonious development of the City and its
area of impact;
B. The coordination of streets and roads within a
subdivision with other existing or planned streets
and roads;
C. Adequate open space for travel, light air and
recreation;
D. Adequate transportation, water drainage and
sanitary facilities;
E. The avoidance of the scattered subdivision of
land that would result in either of the following:
1. The lack of water supply sewer service.
drainage. transportation or other public
services: or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services: or
F. The requirements as to the extend and the manner
in which:
1. roads shall
maintained; and
be
created,
improved
and
2. water and sewer and other utility mains,
piping connection, or other facilities shall
be installed
G. The manner and form of making and filing of any
plats; and
H. The administration of
defining the powers and
authorities.
these regulations by
duties of approving
9-2-3:
Preliminary Plat Procedures
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f'
9-2-4:
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 adj oining areas are not
subdivided the arrangement of streets in the new
subdivisions shall be such that said streets extend
to the boundary line of the tract to make
provisions for the future extension of said streets
into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac.
D. Relation to Topography: Streets shall be
arranged in proper relation to topography so as to
result in usable lots, ----
E. Alleys:---
F. Frontage Roads:---
G. Cul-De-Sac Streets: shall not be more than 500
ft. in length and shall terminate with an adequate
turnaround having a minimum radius of SO ft for
right of way
H. Half Streets:---
I. Private Streets: shall be prohibited---
J. Driveways: Providing access to no more than 2
dwelling units shall be allowed.
9-3-7: Planting strips and reserve strips standards
a. planting strips shall be required to be placed next
to the incompatible features such as highways, railroads,
commercial or industrial uses to screen- - shall be a
minimum of 20 ft wide and not part of the normal street
right of way or utility easement.
9-4-1:
Required improvements,
9-4-1-2: STREETS AND ALLEYS: In accordance with the standards
and specs of ACHD
9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall
be constructed on collector and arterial streets
9-4-1-4: STREET SIGNS: Street name signs shall be installed
in the appropriate locations at each street intersection in
accordance w/ local standards.
9-4-1-5: STREET LIGHTS: All street subdividers w/i 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: BICYCLE PATHWAYS: Shall be provided, as part of the
public 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:
Greenbelt Areas, landscaping screening
9-4-2-2:
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
The Comprehensive Plan is a policy document intended to be used as
a guide. It should be followed as closely, as reason, justice and
its own general character make it practical and possible. The
Comprehensive Plan is not a precise plan and does not show nor
intend to show the exact outline of use districts. It shows,
rather, the general location, character and extent of land use
patterns.
CONCLUSION
CONCLUSIONS OF LAW
Based upon the foregoing FINDINGS OF FACTS, the Eagle City
Council concludes that the application for Curlew Subdivision
be denied.
1. The granting of this preliminary plat may not be a betterment to
the community. This subdivision must serve the welfare of the
general public and must be in the best interest of the public.
2. There is adequate evidence showing that this development use at
the proposed location does not satisfy the general standards for
approval of a subdivision set forth in said Sections of the
Eagle City Code.
3. The preliminary plat lacks amenities, the layout of the plat is
not acceptable and the subdivision is not in harmony with the
character of the City of Eagle as far as esthetics.
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ADOPTED by the Eagle City Council, City of Eagle, Idaho,
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MAYOR STEVE GUERBER
CITY OF EAGLE
, 1994.