Findings - PZ - 1992 - Preliminary Plat Leslie subdivision - Preliminary Plat In R4
CI'l'Y OF EAGLE
IN THE XATTER OF
LESLIE SUBDIVISION
AN APPLICATION FOR A
SUBDIVISION PRELIMcrRARY
PLAT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On April 6, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle
City Code, Ronald Leslie, the applicant and developer of the Leslie
Subdivision project, came before the Eagle Planning and Zoning
Commission for the City of Eagle, Idaho, requesting approval of a
application for a subdivision preliminary plat in an R4 Residential
District, (four single family dwelling unit per acre).
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted concerning the application, the Eagle 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
relevant public entities, including Central District Health,
Eagle Sewer District, Idaho State Transportation Dept.,
Meridian School District, Eagle Water Co., Eagle Fire Dept.,
Idaho Power, and Ada County Development Services. Ada County
Highway District recommended the application be tabled until
a pending resolution of the collector street system in this
area is satisfied. Idaho Transportation Dept. indicated that
the intersection of Edgewood and SH44 would be significantly
impacted by this subdivision. The Eagle Transportation Task
Force recommended to the Eagle City Council adoption of the
Transportation 2010 Plan, indicating the Hill Rd, Edgewood
Roads be studied for future realignment due to the impact on
the roads. The Eagle City Council adopted the 2010 Plan on
April 24, 1992. The Meridian School Dist. asked for a
development fee statute on new home construction or a real
estate transfer fee to help offset the costs of building
additional school facilities needed as a result of the
development. Eagle Sewer District advised the City the area
has not been annexed to the District.
2.
On April 6, 1992, a public hearing was conducted by the Eagle
Planning and Zoning Commission. Testimony was presented by
neighborhood property owners that the proposed development may
have an adverse impact on the roads, additional concerns were
regarding water through the well system and water rights,
ground water and drainage, and preservation of open space.
3.
The applicant informed the Commissioners that water may come
from Eagle Water Co., however, if that is not possible wells
would be drilled, the developers are open to dedication to the
City.
4.
The development is bordered to the east and south by an RT,
Ada County zone, to the north by Avante Casa', a proposed
subdivision, and to the west by agricultural land and R5
zones.
5.
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:
9-1-3:
9-2-3:
9-3-7:
9-4:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
PRELIMINARY PLAT PROCEDURES
PLANTING STRIPS AND RESERVE STRIPS STANDARDS
REQUIRED IMPROVEMENTS (The following are only
a portion of the Code.):
1. STREET LIGHTS (MAY BE REQUIRED)
2. SIDEWALKS AND PEDESTRIAN WALKWAYS
3. WATER SUPPLY AND SEWER SYSTEMS
4. STORM DRAINS
5. FIRE HYDRANTS
6. GREENBELT AREAS (MAY BE REQUIRED)
Environmental Assessment Plan: the
developer shall prepare and submit an environmental
assessment along with the preliminary plat application
for any development that is proposed within an area of
critical concern.
(B) The content of the environmental assessment shall be
prepared by an interdisciplinary team of professionals
that shall provide answers to:
1. what changes will occur as a result of the
subdivision?
2. what corrective action or al ternati ve development
plans could occur so as not to significantly change the
area of environmental concern?
3. what is unavoidable?
4. what beneficial or detrimental affect would it have on
animal or plant life, social concerns, economic, noise,
visual etc.
6.
The Commission concludes thôt there is inadequate evidance
showing that this development use at the proposed location
satisfies the general standards for approval of a subdivision
set forth in Title 9, Section 9-1-3: Purpose, of the Eagle
City Code. Specifically, that the use will not be harmonious
with and in accordance with the general objectives of the
Title 9, and the Comprehensive Plan; that the development
lacks coordination of streets and roads, there is not adequate
open space or adequate transportation plans. Questions remain
regarding adequate service by essential public facilities and
services; and there are hazards to be considered in the area,
such as poor sight distance, a need for realignment of
Edgewood and substandard road conditions.
7.
The Commission concludes the application submitted by Leslie
Subdivision owner, Ronald Leslie, is not in accordance with
the Eagle Comprehensive Plan, the requested subdivision does
not serve the welfare of the general public and is not in the
best public interest. Further, this development will add to
severely impacting the roadways in the area, and other public
services.
8.
The granting of the application may violate the Idaho
Code and may nullify the interests or purposes of the Eagle
City Code and Eagle Comprehensive Plan, conditions of approval
cannot be satisfied at this time.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application be denied based on the following:
1. The project does not adequately address the problems
regarding road impacts, water, sewer or open spaces and parks.
2. The project violates the intent of Section 9-1-3 Eagle
City Code:
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.
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
1. The lack of water supply,
drainage, transportation or
services; or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services.
F. The requirements as to the extent and the manner
in which:
1. Roads shall be created, improved and
maintained;
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 he powers and duties of approving
authorities.
the following:
sewer service,
other public
3. The project violates the intent of Section 9-2-
3.D3(1,2,S) Eagle City Code:
Action by Commission:
a. Commission's Findings: In determining the
acceptance of a proposed subdivision, the
commission shall consider the objectives of this
Title and at least the following:
1. The conformance of the subdivision with the
Comprehensive Development Plan;
2. The availability of public services to
accommodate the proposed development;
5. The other health, safety and environmental
problems that may be brought to the commission's
attention.
ADOPTED by the Eagle Planning and Zoning Commissiol1..Qf. the City of
Eagle, Idaho this ~ day of April , l~~~F É~~~
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BARBARA M~~~'RxJ ;"<;;f!1;..$' C L E RK
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APPROVED:
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CHAIRMAN LLOYD GERBER
PLANNING AND ZONING
COMMISSION
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
Leslie Subdivision-preliminary plat
EAGLE CITY COUNCIL
On May 12, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle
City Code, Ronald Leslie, the applicant and developer of the Leslie
Subdivision project, came before the Eagle City Council for the
City of Eagle, Idaho, requesting approval of a application for a
subdivision preliminary plat in an R4 Residential District, (four
single family dwelling unit per acre).
Based on the application, testimony from the applicant and all
interested parties and, 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 preliminary plat submitted to Eagle City Council on May
12, 1992 is substantially different from the preliminary plat
presented to the Eagle Planning and Zoning Commission on April
6, 1992 violating Eagle City Codes. Those codes are as
follows:
1. Section
prohibi ted. . .
9-3-2-1.J:
Private
Streets:
.. .shall
be
A private street is incorporated into the preliminary plat for
Leslie Subdivision;
2. Section 9-3-7.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 twenty feet (20') wide, and shall not be
a part of the normal street right of way or utility easement.
The planting strip proposed by Leslie Subdivision is 15 ft.
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the application submitted by Ron Leslie",à':¡ltJ¡ed by the
Eagle Planning and zon~ng commi~sion. on April 2{.N~':tJe~i~4Pi" hereby
adopted by the Eagle Clty Councll, wlth noted~~~fl~f¡, J~,,(}<#',
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THIS
26
day of
May