Findings - PZ - 2016 - Subd PP/rezone - Great Sky Estates Pp/Rezone From C2 To R4
CITY OF EAGLE
FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
IN THE MATTER OF
GREAT SKY ESTATES
AN APPLICATION FOR A
SUBDIVISION PRELIMINARY
PLAT AND REZONE
On September 21, 1992, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Sections 8 and 9, Eagle City Code, Gary Lee, JUB Engineer and,
representative for the project and Trevor Roberts the owner and
developer of the Great Sky Estates project, came before the Eagle
Planning and Zoning for the City of Eagle, Idaho, requesting
approval of a consolidated application for (1) a subdivision
preliminary plat and (2) a rezone of the property from C2, General
Business District to R4-Residential, (one single family dwelling
unit per 4 acres.
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. Responses
from those entities are as follows: Eagle Sewer Dist: was
annexed w/wrong legal description, will go through annexation
again, do not anticipate any problems. Drainage Dist #2:
1. needs 100 ft exclusive drainage easement and drainage plans
approved by District; 2. plans for the bridge which is to go
over a portion of the District's drainage ditch and across
exclusive drainage easement; 3. an executed agreement and
costs paid. ACHD: will require at least a 165 FT. easement.
New Dry Creek Ditch Co: requires compliance with conditions.
ITD: This development is adjacent to the forthcoming SH55
realignment, and request delay in approval. Division of
Environmental Quality: conditions and restrictions
apply. Eagle Fire Dist: requires compliance with conditions.
1. requires address numbers on all buildings
2. Fire apparatus access roads
3. Fire flow requirements for buildings
4. compliance with spacing between hydrants
and Central Dist. Health: can approve with required conditions for
central water and sewer.
2.
On September 21, 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 water and drainage.
They have other concerns regarding sewer, congestion, access
and request mobile home restrictions.
3.
The applicant testified the subdivision would include
manufactured homes as well as conventionally built homes.
4.
The development is bordered to the east and north by
agricultural and residential zoning, south by manufacturing
zoning and west by residential zoning.
5.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
Title 6, Chapter 5: Review of landscaping plans for entrances
to subdivisions
Title 9-Land Subdivisions:
9-1-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
9-2-3:
PRELIMINARY PLAT PROCEDURES
9-2-4:
9-3-1:
FINAL PLAT PROCEDURES
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 adjoining 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 50 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, (the following are only a
portion of the code)
a. Street lights
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Greenbelt areas (may be required)
9-4-1-9: Water supply and sewer systems
9-4-1-10: Storm drainage, Flood controls
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
limi ted 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)
CONCLUSION
The Commission concludes that the preliminary development
plan is not consistent with the intent and purpose of Title 8
of the Eagle City Code and that the proposed development does
not advance the public welfare and that the proposed land use
presented and their interrelationship with the land
uses in the surrounding area do not justify deviation from
standard land use in the surrounding area;
There is inadequate evidence showing that this development use
at the proposed location satisfies the general standards for
approval of a rezone and subdivision set forth in said
Sections of the Eagle City Code. Specifically, that the use
will be not be harmonious with and in accordance with the
general objectives of the Comprehensive Plan, Title 8, and
Title 9; that the development is premature due to the
conditions not being satisfied to date, specifically questions
remain regarding adequate service by essential public
facilities and services.
The application submitted for Great Sky Estates Subdivision
does not comply with the requirements set forth in the Eagle
Comprehensive Plan;
The application submitted for Great Sky Estates Subdivision
for a rezone from a (C2) Central Business District to a (R4)
Residential District is not in accordance with the Eagle
Comprehensive Plan and the requested rezone does not serve the
welfare of the general public and is not in the best public
interest. Further, the new highway alignment may require a
redesigning of the plat submitted to the Commission.
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, as 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 realignment of Highway 55 and the bypass may change
the entrance and design of the subdivision.
2. availability of water have not been adequately addressed
3. any water obtained by the subdivision will be donated to
the city if future approval is given.
ADOPTED by the Eagle Planning and Zoning Commission Hhuhße City of
Eagle, Idaho this 2- day of September '..,~~~~. E..tÍ"',,#,
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APPROVED:
ATTEST:
CHAIRMAN ~YD GERBER
PLANNING AND ZONING
COMMISSION
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Great Sky Estates Subdivision adopted by the Eagle
Planning and Zoning Commission on September 5, 1992, are hereby
adopted by the Eagle City Council with the following modifications.
To deny the project because of the defect in access points on State
St. This plat, when redesigned, will need to go back through the
public hearing process at the Eagle Planning and Zoning level.
DATED this
10
day of November, 1992.
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