Findings - PZ - 1992 - Preliminary Plat - Edgewood Estates Pp
CITY OF EAGLE
IN THE MATTER OF
EDGEWOOD ESTATES SUBDIVISION
AN APPLICATION FOR A
SUBDIVISION PRELIMINARY
PLAT
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On August 3, 1992, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle
City Code, Don Hubble, Project Engineer for Ronald Leslie, the
applicant and developer of the Edgewood Estates 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, Ada County Development Services and Ada County
Highway District. Idaho Transportation Dept. indicated that
the intersection of Edgewood and SH44 would be significantly
impacted by this subdivision. 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 been annexed to the District. Drainage Dist. #2
conditions must be satisfied prior to final plat approval or
construction.
2.
On August 3,1992, 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, preservation of open space, school
impact, fencing of the canal and surrounding the property and
law enforcement impacts. A letter of opposition was received
from Sam and Doris Ulrich.
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:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
9-2-3:
9-3-7:
9-4:
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 alternative 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.
8.
6.
The Commission concludes that there is inadequate evidence
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 be harmonious with
and in accordance with the general objectives of the Title 9,
and the Comprehensive Plan; that the development includes
coordination of streets and roads, there is adequate open
space and adequate transportation plans.
7 .
The Commission concludes the application submitted by the
Edgewood Estates Subdivision developer, Ronald Leslie, is in
accordance with the Eagle Comprehensive Plan, the requested
subdivision does serve the welfare of the general public and
is in the best public interest.
The granting of the application does not violate the Idaho
Code and nor nullify the interests or purposes of the Eagle
City Code and Eagle Comprehensive Plan.
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 approved based on the
following:
1.
The project adequately addresses the problems regarding
road impacts, water, sewer or open spaces and parks;
2.
The project addresses the intent of Section 9-2-
3.D3(1,2,5) 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;
3. The other health, safety and environmental
problems that may be brought to the commission's
attention;
RECOMMENDATIONS
1.
All conditions of the
Subdivision must be met;
City
Standard
Conditions
of
2.
The recommendation subject to the fencing problem around
the subdivision and canal be worked out with a 80% open
view observed;
3.
The City of
observed;
Eagle Tree Ordinance conditions must be
4.
Assurances that the park and paths will be dedicated to
the City of Eagle when the City is able to provide for
them, with the understanding that it is the
responsibility of the home owners association to maintain
the park and pathways until they are dedicated to the
City.
APPROVED:
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 17 day of August ,~_99~~~~
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1
CHAIRMAN LLOYD GERBER
PLANNING AND ZONING
COMMISSION
CLERK
FINDINGS OF FACTS AND CONCLUSIONS OF LAW
Edgewood Estates Subdivision-preliminary plat
EAGLE CITY COUNCIL
On September 8, 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).
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW and recommendation
regarding the application submitted by Ron Leslie adopted by the
Eagle Planning and Zoning Commission on August 3, 1992 are hereby
adopted by the Eagle City Council, subject to the following
modifications:
1. Standard Subdivision Conditions, plus the conditions of the
Eagle Planning and Zoning Commission with the exception of
condition #2 asking for fencing around the canal with a 80% open
view;
2. To reconsider condition #2 and present a conclusion at final
plat time;
3. To require a letter supporting impact fees;
4. All pathway areas to be paved with asphalt;
5. To accept the 520 ft. cul de sac; and
6. Meet with the Eagle Pathway Committee on the location of the
pathways through the subdivision prior to submitting a final plat.
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er, 1992.
EAGLE