Findings - CC - 1996 - PP and Floodplain Development permit - 10 Lot Mu Commercial Subd/C1
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05-29-96PO3:23 RCVD
BEFORE THE EAGLE CITY COUNCIL
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
AND DECISION
ON THE APPLICATION OF
DENNIS M. BAKER FOR
PRELIMINARY PLAT AND FLOOD
PLAIN APPROV AL FOR CHANNEL
CENTER SUBDIVISION
The above entitled preliminary plat and flood plain development applications having come
on for consideration before the Eagle City Council on February 27, 1996, March 12, 1996,
March 26, 1996, Apri19, 1996, and May 2, 1996, and the Eagle City Council having heard and
taken oral and written testimony, and having duly considered the matter, makes the following
Findings of Fact and Conclusions of Law:
FINDINGS OF FACT
1.
Applications for preliminary plat and flood plain development approvals from the
Applicant were received by the City of Eagle on September 29, 1995, which applications were
found to be complete and accepted by the City.
2.
Notice of Public Hearing on the applications before the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho
Code, and the Eagle City Ordinances, on October 18, 1995. Notice of that public hearing was
mailed to owners of property within 300 feet of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Ordinances on October 12,
1995. Requests for agency reviews were transmitted on October 12, 1995, in accordance with
the requirements of the Eagle City Ordinance.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 1
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3.
A public hearing on the application was scheduled for November 6, 1995, before
the Eagle City Planning and Zoning Commission, and was continued to November 20, 1995,
in order to permit the members of the Commission to further review the materials submitted in
support of the application. The scheduled public hearing was reopened on November 20, 1995,
testimony taken, and continued until January 22, 1996, for the purpose of further considering
the issues raised by the application. The scheduled public hearing was reopened on January 22,
1996, and, after further testimony was heard, the public hearing was closed.
4.
On February 5, 1996, the Eagle City Planning and Zoning Commission
recommended to the Eagle City Council that the Subdivision and Flood Plain Development
Permit Applications for the Channel Center be approved, subject to the conditions of approval
attached to its Findings of Fact and Conclusions of Law adopted that date.
5.
Notice of public hearing before the Eagle City Council on the applications was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code, and the
Eagle City ordinances on February 8,1996. Notice of that public hearing was mailed to owners
of property within 300 feet of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City ordinances on February 1, 1996. Requests for
agency reviews were transmitted on February 1, 1996, in accordance with the requirements of
the Eagle City Ordinances.
6.
A public hearing on the application was scheduled for February 27, 1996, before
the Eagle City Council and continued without testimony until March 12, 1996. The continued
public hearing was held on March 12, 1996, testimony taken, and continued until March 26,
1996, for the purpose of further considering the issues raised by the application. On March 26,
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 2
OS/29196-~
1996, and April 9, 1996, further action on the applications was deferred. On May 2, 1996, the
Eagle City Council took up the matter and rendered its decision.
7.
The property which is the subject of the application is located in the northeast
quarter of Section 17, Township 4 North, Range 1 East, B.M., City of Eagle, Ada County,
Idaho, and is more particularly located on the north side of the north channel of the Boise River
along the west side of Eagle Road approximately one-half mile south of the intersection of Eagle
Road and State Street in Eagle, Idaho. The property is the site of a previously existing meat
packing facility and consists of 15.8 acres.
8.
The owner of the property at the time of the application was Dennis M. Baker and
Jean S. Baker, husband and wife, whose address is 250 South Beechwood, Boise, Idaho 83709.
9.
The applicant proposes a ten (10) lot mixed use commercial subdivision which is
expected to consist primarily of retail, office, and perhaps multi-family residential uses.
10.
The property is presently zoned C-I--Neighborhood Business District. All proposed
uses are either allowed uses or allowed as conditional uses in the C-l zone. Each individual lot,
depending upon the use to which it is put shall be subject to further approval processes under
the conditional use, design review, and landscaping requirements of the city's ordinances.
11. The subject property is bounded on the north by the Idaho Transportation
Department proposed Alternate Highway 44 route and residential uses beyond; on the south by
the Boise River and agricultural uses developing into residential uses beyond; on the east by
Eagle Road and agricultural uses developing into residential uses beyond; and on the west by
the Boise River and lands being placed into a mitigation bank by the Idaho Transportation
Department in connection with the construction of the proposed Highway 44 Alternate Route.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 3
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12. The design of the proposed subdivision includes the following features, amenities
and facilities:
a.
A 25 foot greenbelt easement along the north bank of the Boise River, which
greenbelt easement will be improved with a greenbelt with a paved path to be constructed by the
developer and tie into an internal paved pathway system consisting of 10 and 15 foot pedestrian
easements, also to be constructed by the developer and coordinated with the pathway system
proposed by the Idaho Transportation Department in connection with the Highway 44 Alternate
Route project. The greenbelt and pathway system will be maintained by a property owners
association, and public access thereto maintained in perpetuity.
b.
All utilities will be stubbed to each lot by the developer. The project will be
served by a central water system provided either by the developer on site or by connection to
a public water system. Central sewer services will be provided to the subject property by the
Eagle Sewer District via an existing mainline located on the property.
c.
The project will be accessed only from Eagle Road by two access points, the
location and design of which have been approved by the Ada County Highway District and the
Idaho Transportation Department.
d.
The internal streetWay system is to be provided by privately owned streets
to be approved and maintained in accordance with the requirements of Section 9-3-2-5, Eagle
City Code.
e.
Setbacks are as follows:
River
Parking lot - from high waterline
Building - from high waterline
35'
50'
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 4
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Eagle Road and Bypass
Parking lot
Building
25'
40'
Private Interior Street
Building - from street right-of-way
Parking lot - from street right-of-way
Parking lot - from pedestrian way
15'
5'
5'
Interior Lot Line
Building
Parking lot
IS'
5'
f.
All drainage will be retained on the owner's property and, to the extent
necessary, the existing irrigation drain across the northerly portion of the project property will
be modified to include retention facilities.
g.
All building pads are to be elevated above the 100 year flood plain elevation.
13. Among other materials submitted by the applicant in support of the application are
the following:
a.
A proposed preliminary plat date stamped October 12, 1995.
b.
An environmental assessment prepared by Resource Systems, Inc., which
assessment contains the following information:
1. There are no wetlands located on the property under the jurisdiction of
the United States;
2. The riparian vegetation along the Boise River will be preserved within
a setback;
3. Proposed landscaping with species desirable for both wildlife and
aesthetics will improve the overall vegetative composition and diversity of the
property ;
4. The wildlife values of the property are primarily tied to the Boise River
and its riparian vegetation;
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 5
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5. Because there does not exist very valuable wildlife habitat on the
property, except in the riparian zone (which will be preserved), negative
impacts related to the proposal will be minimal;
6. No significant adverse impacts to the Bald Eagle which may use the
Boise River in this area are anticipated;
7. There are no recorded prehistoric or historic sites on the project
property;
8. The overall impact to visual aesthetics should be minimal due to the
protection of the ñparian corridor along the Boise River and the landscaping
proposed by the applicant;
9. No adverse impacts to water quality are anticipated in light of the
preservation of the riparian area and construction of storm water drainage
facilities meeting present design criteria.
c.
Letter dated October 24, 1995, from Karl Gebhardt, P.E., P.H.,
Hydrologist/Environmental Engineer indicating the following:
1. Although the property falls within the 100 year flood plain as defined
by the Federal Emergency Management Agency (FEMA) in their 1991
revision, the northern limit of the floodway would have to be the dike located
adjacent to the north bank of the Boise River;
2. Plans to fill the flood plain will have little impact on the elevation of
the 100 year flood plain and will be well within FEMA limitations;
3. The likely circumstances in the event of a 100 year flood are that the
property would not likely be flooded but that under very unusual conditions,
if the property were flooded, it would begin to flood from downstream to
upstream, since the property provides no significant conduit, and the water
would be moving very slowly, if at all.
d.
A limited Phase II Environmental Assessment prepared by Chen Northern,
Inc. finding that although past meat packing operations apparently have affected ground water
quality, current regulatory agency requirements do not mandate cleanup.
14.
Comments from other public agencies may be summarized as follows::
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 6
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a.
Idaho Transportation Department: The Idaho Transportation Department has
been working with Mr. Baker on the access to this development and has no objection to the
application;
b.
Idaho Power: Idaho Power requires a permanent 10 foot wide public utilities
easement along all lots adjacent to a road right of way dedicated to public or private use;
c.
Eagle Fire Protection District: Access roads, fire flow requirements, and
spacing between hydrants are to be in accordance with the provisions of the 1991 edition of the
Uniform Fire Code. The access roads shown on the preliminary plans meet the Eagle Fire
Department's needs and has its support.
d.
Central District Health: After written approval from the appropriate entities
is submitted, it can approve the proposal for central sewer and central water.
e.
Eagle Sewer District: The project is within Eagle Sewer District's planning
area and is annexed into the district's boundaries. There is a sewer line in the area with capacity
to serve the project. The District's capacity is limited, and sewer service remains on a
first-come, first-served basis.
f.
Department of Water Resources: An application has been submitted to Water
Resources to alter a stream channel for the purpose of replacing material eroded away in the
spring of 1995.
g.
State Division of Environmental Quality: Recommends that the project be
served by an existing water supply and notes that plans and specifications for the central sewer
must be reviewed and approved prior to construction.
h.
Drainage District No.2: The project has no impact upon the District's
drainage system.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 7
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1.
Ada County Highway District: Eagle Road is under the jurisdiction of the
Idaho Transportation Department which has approved the locations and designs of the accesses
onto Eagle Road. The applicant is proposing private roads within the subdivision. If the
internal streets are to be dedicated, they must meet District standards.
J.
United States Department of Interior, Fish and Wildlife Service:
The
Endangered Species Act requires federal agencies to assure that their actions are not likely to
jeopardize the continued existence of endangered or threatened species.
k.
Department of Fis~ and Game: The riparian forest and wetlands associated
with the Boise River are critical wildlife habitat. A concerted effort should be made to protect
the riparian forest and wetlands from development encroachment.
15. The subdivision application is subject to the requirements of Title 9 of the Eagle
City Code, the purpose of which is stated at Section 9-1-3 as to promote the public health, safety
and general welfare, and to provide for: the harmonious development of the city and its area
of impact; the coordination of streets and roads within a subdivision with other existing or
planned streets and roads; adequate open space for travel, light, air, and recreation; adequate
transportation, water drainage and sanitary facilities; the avoidance of scattered subdivision of
land which would result in either the lack of water supply, sewer service, drainage,
transportation or other public services or the unnecessary imposition of an excessive expenditure
of public funds for the supply of such services.
16. The proposed subdivision would promote the harmonious development of the city
in that the subdivision contemplates a commercial use on land zoned for commercial uses and
designated on the Comprehensive Plan Land Use Map as for commercial purposes; that the
streets and roads within the subdivision are adequately coordinated with other roads given that
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 8
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the property is bounded on two sides by major highways, on one side by the Boise River, and
on the other side by land which is not to be developed; that the proposed greenbelt, pathway
systems, other open areas, and roadway system provide adequate open space for travel, light,
air and recreation; that adequate transportation, water drainage and sanitary facilities exist, or
will exist, to service the project; that if developed in accordance with the conditions of approval
contained herein, the subdivision will not result in either the lack of water supply, sewer service,
drainage, transportation or other public services or the necessary imposition of an excessive
expenditure of public funds for the supply of such services.
17.
Section 9-2-3:D3 of the Eagle City Code requires the Council in considering
subdivision applications to consider the above stated objectives and the following:
a.
The conformance of the subdivision with the Comprehensive Plan;
b.
The availability of public services to accommodate the proposed development;
c.
The continuity of the proposed development with the capital improvement
program;
d.
The public financial capability of supporting services for the proposed
development; and
e.
The other health, safety, and environmental problems that may be brought
to the Commission's attention.
18.
In accordance with Section 9-2-3:D3, the Commission finds that the proposed
subdivision conforms with the provisions of the Comprehensive Plan, as more fully addressed
below; that there are adequate public services, such as sewer, water, police, fire, and
transportation to accommodate the proposed development, as evidenced by the information
received from interested public agencies as summarized above; that the proposed development
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 9
OS129/96-jkr
is in conformance with the capital improvement plan in that it is located adjacent to major
existing planned transportation routes, existing sewer lines, and can be served by either central
or community water systems, as evidenced by the information received from interested public
agencies as summarized above; that there is no evidence that the affected public agencies do not
have the financial capability of serving the development; that the potential flood hazards, and
impacts on wildlife habitats, water quality, and other environmental issues are provided for by
the maintenance of the riparian vegetation in the greenbelt area and the filling of the land so as
to remove the building pads from the 100 year flood plain.
19.
Section 9-3-2-5:A of the Eagle City Code requires the Council, in considering
subdivision applications with private streets, to find that the private streets are in compliance
with each of the following standards:
a.
Unique or special circumstances exist with respect to the proposed use,
design, location, topography, or other features of the development or its surroundings such that
private streets will serve to enhance the overall development;
b.
The private streets provide safe and effective movement of both vehicular and
pedestrian traffic;
c.
The private streets provide adequate access for service and emergency
vehicles;
d.
The private streets do not adversely affect access or good transportation
planning to adjacent property and to the area travel networks;
e.
The private streets do not landlock adjacent property due to topography or
parcel layout;
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 10
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f.
Other than to provide emergency access, the private streets do not connect
one public street to another, encouraging travel through the development served by the private
streets;
g.
The use or alignment of the private streets do not interfere with the continuity
of public streets; and
h.
An appropriate mechanism has been established for the repair and
maintenance of the private street, including provisions for the funding thereof.
20. The private streets as proposed for the interior of the subdivision meet the
requirements of § 9-3-2-5, Eagle City Code, as follows:
a.
The location of the property presents a unique or special circumstance in that
the property is bounded on two sides by major highways, on one side by the Boise River, and
on the other side by land which is not to be developed, and the design of the proposed private
street will serve to enhance the overall development and the entryway to the City of Eagle;
b.
The proposed private street provides safe and effective movement of both
vehicular and pedestrian traffic and adequate access for service and emergency vehicles, if
designed in accordance with the conditions of approval set forth herein;
c.
The private street does not adversely affect access or good transportation
planning to adjacent property and to the area travel networks nor does it landlock adjacent
property as a result of the property being bounded on two sides by major highways, on one side
by the Boise River, and on the other side by land which is not to be developed;
d.
The private street as designed does not connect one public street to another
nor does the use or alignment of the private street, as proposed, interfere with the continuity of
public streets; and
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 11
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e.
If developed in accordance with the conditions of approval contained herein,
an appropriate mechanism will be established for the repair and maintenance of the private
street, including provisions for the funding thereof.
21. The provisions of § 9-5-7 regarding subdivisions within a flood plain and § 9-5-8
regarding subdivisions within an area of critical concern are applicable to the proposed
subdivision.
22. The proposed subdivision, as more fully explained below, complies with all
applicable provisions of the flood plain regulations of the city.
23. The developer has submitted an environmental assessment in compliance with
§ 9-5-8, Eagle City Code, addressing the existing environment (including vegetation, wildlife,
cultural resources, visual resources, and water resources/water quality) and the impacts of the
proposed action on vegetation, wildlife, cultural resources, visual resources, and water
resources/water quality, the findings of which, as summarized above, lead the Council to find
that the proposed subdivision will not create a material adverse impact on the environment and
will, in some respects, cause a beneficial impact.
24. The provisions of Title 10, Chapter 1, relating to flood control regulations, and
more specifically § 10-1-8-4 thereof are applicable to the subdivision for the reason that it is
located in the 100 year flood plain of the Boise River as defined in § 10-1-5, Eagle City Code.
25.
Although the provisions of Title 10, Eagle City Code do not require the Council
to consider the issuance of a flood plain development permit, since such permits are to be issued
by the Zoning Administrator subject to appeal to the City Council and no appeal has been made
thereon, the Council finds that the proposed subdivision meets the requirements of the said
Title 10 for the reason that no development is proposed in the floodway, that the proposed
FINDINGS OF FACT AND CONCLUSIONS OF LA W, Page 12
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building pads are to be elevated so as to be above the 100 year flood plain as contemplated by
the provisions of § 10-1-8-5, Eagle City Code, that the analysis of the impact on the flood plain
prepared by Mr. Karl Gebhardt, summarized above, indicates that plans to fill the flood plain
will have little impact on the elevation of the 100 year flood and will be well within FEMA
limitations, and that the subject property is not likely to be flooded even in the event of a 100
year flood.
26. The Eagle City Comprehensive Plan adopted by the Eagle City Council on May 11,
1993, is applicable to the proposed subdivision. The following provisions are specifically
applicable to, and complied with by, the proposed subdivision:
a.
Policy No.2 under the Hazard Areas portion of the Comprehensive Plan
providing that whenever possible the existing natural flood plain of the Boise River should
remain in a natural state as a greenbelt, wildlife habitat, open space and recreation-nature area.
Although this policy is to be implemented by the adoption of a River and Stream System
Management Ordinance and no such ordinance has been adopted, the preservation of the riparian
area adjacent to the Boise River and the maintenance of a greenbelt area in that location, as
proposed in this subdivision, meets the requirements of the stated policy.
b.
Policies 3 and 6 under the Parks, Recreation, and Open Spaces portion of the
plan providing for the development of a bike path system and for the perpetual public enjoyment
of the natural river frontage. The pathway system and greenbelt area as proposed in this
subdivision complies with those policies.
c.
Policies 3, 4, 5, 7, and 8 under the Special Areas or Sites portion of the plan
providing for the protection and preservation of natural waterways, the preservation of existing
trees, the protection of habitat areas for fish and wildlife, the conservation of desirable fish and
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 13
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wildlife species and habitats along the Boise River, and the requirement of developers to prepare
and submit an environmental assessment and Policy No.1 under the Natural Resources portion
of the Comprehensive Plan providing for the preservation of fish, wildlife, open space, and
recreation nature areas in the flood plain of the Boise River. Although these policies are
intended to be implemented by a stream management ordinance and no such ordinance has been
adopted, the protection of the riparian zone along the Boise River, the maintenance of a
greenbelt in that area and the submission of the above described environmental assessment
complies with the above described policies.
d.
Policies 5, 9, 18, and the provisions with respect to pathways under the
Transportation portion of the Comprehensive Plan, providing that new developments provide for
pedestrian and bicycle circulation in accordance with adopted plans, for the evaluation of access
limitations on Alternate Route 44; the installation of berms and landscaping between
developments and roadway, and the requirements for pathways. The provision of a pathway in
the greenbelt area and throughout the subdivision complies with the pathway requirements
contained in the Transportation portion of the Comprehensive Plan and the lack of direct access
onto Alternate Highway 44 meets the requirement of access limitations on that highway.
e.
Policies 3 and 7 under the Community Design portion of the Comprehensive
Plan providing for the designation of commercial zones and the design review of developments
in those zones, in conformance with city ordinances. The proposed subdivision complies with
the Community Design portions of the Comprehensive Plan for the reason that the subject
property is zoned for commercial uses and will be subject to design review provisions under the
city ordinances.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 14
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f.
Policies 5, 6, 13, and 14 under the Land Use portion of the Comprehensive
Plan providing for the promotion of commercial service and retail development along the
Highway 44 Alternate Route, the discouraging of strip commercial development, the promotion
of development of businesses and professional services within the city, in a manner that is
commensurate with the needs of the community residents, and to require commercial
development within the city to satisfy community design standards. The location of the proposed
subdivision along Alternate Route 44, the provision of a mix of commercial, retail, and office
uses as proposed for the subdivision, and the requirement that any such uses be subject to design
review standards comply with the policies under the Land Use portion of the Comprehensive
Plan.
g.
Policies 1 and 2 under the Economic Development portion of the
Comprehensive Plan seeking to provide adequate commercial services and attracting additional
business into the city. The proposed new commercial, retail, and service establishments in the
proposed subdivision meets the policies of the Economic Development portion of the
Comprehensive Plan.
CONCLUSIONS OF LA W
1.
The Subdivision and Flood Plain Development Pennit Applications, submitted by
the Applicant on September 29, 1995, are complete and, in accordance with the requirements
of the ordinances of the City of Eagle.
2.
All requirements for providing notice of the application and the public hearings
thereon, including notice by publication, notice by mailing, and notice to other agencies as set
forth in Title 67, Chapter 65, Idaho Code, and the ordinances of the City of Eagle have been
complied with.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 15
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3.
All requirements for the conduct of public hearings as set forth in Title 67, Chapter
65, Idaho Code, and the ordinances of the City of Eagle have been complied with.
4.
The City of Eagle has authority to approve subdivision and flood plain development
permit applications pursuant to Title 67, Chapter 65, Idaho Code, and Titles 9 and 10, Eagle
City Code.
5.
The Planning and Zoning Commission and the Eagle City Council have judged the
subdivision and flood plain development applications under Title 67, Chapter 65, Idaho Code,
Titles 9 and 10, Eagle City Code, the Eagle Comprehensive Plan adopted May 11, 1993, the
written materials submitted to it in support and in connection with the applications, and the
testimony given at the public hearings.
6.
The development proposed by the applications is in accordance with the pertinent
provisions of the Eagle City Comprehensive Plan in the following material particulars:
a.
The land use map designates the subject property as being appropriate for
commercial development and the application seeks approval for commercial development;
b.
Although the hazard areas, special areas or sites, and natural resources
portions of the Comprehensive Plan are intended to be implemented by adoption of a stream
system management ordinance, and no such ordinance has yet been adopted, the preservation
of the riparian areas along the Boise River and the establishment of a greenbelt area therein
comply with the requirements for the preservation and protection of the river, and the wildlife
and wildlife habitat associated with it.
c.
The provision of a greenbelt pathway system along the Boise River and
throughout the proposed subdivision is in compliance with the provisions of the Parks,
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 16
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,,--
Recreation and Open Spaces portion of the Comprehensive Plan, which seeks to set aside for
perpetual public enjoyment an adequate amount of open space such as natural river frontage.
d.
The combination of the proposed roadways within the subdivision and those
which would serve as access routes to the proposed subdivision and the provision for pathways
through and around the subdivision as depicted on the proposed plat are all in compliance with
the Transportation portion of the Comprehensive Plan which seeks to require new developments
to provide for pedestrian and bicycle circulation in accordance with adopted pathway plans, and
to provide for sufficient road infrastructure in and around proposed developments.
e.
The provisions for review of the design of the uses to be developed in the
proposed subdivision meet the requirements of the Community Design portion of the
Comprehensive Plan.
f.
The proposed subdivision, being designed for commercial uses, meets the
requirements of the Economic Development portion of the Comprehensive Plan in that it will
provide residents with commercial services and facilities and attract additional business and
industry into the city of Eagle.
7.
The proposed subdivision, if developed in accordance with the conditions of
approval attached hereto, is in compliance with the provisions of Title 9, Eagle City Code, in
the following particulars:
a.
The subdivision will further the harmonious development of the city;
b.
The streets and roads within the subdivision are appropriately coordinated
with other existing or planned streets and roads;
c.
The subdivision provides adequate open space for travel, light, air and
recreation;
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 17
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d.
The subdivision provides adequate transportation, water drainage and sanitary
facilities;
e.
The subdivision will not result in the lack of water supply, sewer service,
drainage, transportation or other public services or the unnecessary imposition of an excessive
expenditure of public funds for the supply of such services; and
f.
The development proposal properly addresses the manner in which roads are
to be created, improved and maintained, and water and sewer and other utilities are to be
installed.
8.
The proposed subdivision development, if constructed in accordance with the
conditions of approval attached hereto, is in further compliance with the provisions of Title 9,
Eagle City Code, in the following additional particulars:
a.
All public services, including but not limited to sewer, water, transportation,
and police and fire protection are or will be available to accommodate the proposed subdivision;
b.
The proposed subdivision is compatible with the capital improvements plan
for necessary public services and utilities, including but not limited to water, sewer, and
transportation;
c.
The city and other public agencies are financially capable of supporting the
necessary services for the proposed subdivision; and
d.
The subdivision, as designed, satisfies all health, safety, and environmental
concerns associated with developing in the flood plain area adjacent to the Boise River.
9.
The private streets as proposed by the applicant for the interior of the subdivision
comply with the provisions of § 9-3-2-5, Eagle City Code in the following particulars:
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 18
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a.
Unique or special circumstances exist such that the proposed private streets
will serve to enhance the overall development in that the proposed design of the street and the
pedestrian pathways adjacent thereto is aesthetically superior to the public street requirements;
b.
The proposed private streets provide for the safe and effective movement of
both vehicular and pedestrian traffic;
c.
The proposed private streets provide adequate access for service and
emergency vehicles; and
d.
The proposed private streets do not adversely affect access or good
transportation planning to adjacent property and to the area travel network for the reason that
the proposed subdivision site may not be accessed from any location other than Eagle Road;
e.
The proposed private streets do not landlock adjacent property;
f.
The proposed private streets do not connect one public street to another; and
g.
The use or alignment of the proposed private streets do not interfere with the
continuity of public streets.
h.
If developed in accordance with the conditions of approval contained herein,
an appropriate mechanism will be established for the repair and maintenance of the private
street, including provisions for the funding thereof.
10.
Although the Council is not required to consider the issuance of a flood plain
development pennit, the approval of such application being the duty of the Zoning
Administrator, subject to the appeal thereof to the City Council and no appeal has been made
thereon, the Council concludes that the subdivision, as designed, complies with the requirements
of Title 10, Eagle City Code, in that the applicant intends to fill the subject property so that all
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 19
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structures shall be elevated above the base flood elevation and in the following additional
particulars:
a.
That the design of the subdivision is consistent with the need to minimize
flood damage;
b.
The public utilities are to be located and constructed so as to minimize flood
damage;
c.
Adequate drainage is provided to reduce exposure to flood damage; and
d.
The applicant has provided base flood elevation data to the City.
11. The approval of the subdivision and flood plain applications, subject to the
conditions of approval attached hereto, is in the best interests of the City of Eagle.
DECISION
The City Council of the City of Eagle hereby approves the subdivision preliminary plat
and flood plain development permit applications for the Channel Center Subdivision, subject to
the conditions of approval attached hereto.
DATED this 29 day of
/ì7A~
,
, 1996.
FINDINGS OF FACT AND CONCLUSIONS OF LAW, Page 20
OSI29/96-jkr