Findings - PZ - 1991 - PUD/CUP/rezone from C3 to R5 - Pud/Cup/Rezone From C3 To R5
CITY OF EAGLE
IN THE MATTER OF
ISLAND WOODS SUBDIVISION
AN APPLICATION FOR A PUD/
CONDITIONAL USE PERMIT
SUBDIVISION-REZONE
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FINDINGS OF FACT
AND CONCLUSIONS OF
LAW
On March 4, 1991, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Sections 8 and 9, Eagle City Code, B W, Inc. (Dennis Barker)
owner of the Island Woods Subdivision property, the applicant,
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, (2) a preliminary planned unit
development plan, (3) a conditional use permit for said planned
development plan, (4) a rezone of the property from Commercial
(C3) to Residential (5), 5 units 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:
1.
3.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
2.
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 Dist., Meridian School District, Dept.
of Water Resources, US West, Eagle Fire Dept., Idaho Power,
and Ada County Development Services. The City was advised
by said entities that subject to certain conditions there
was no objection to the establishment of the proposed
development.
On March 4, 1991, 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 upon the flood plain,
floodway areas and that the project may have wet lands;
that waste water problems may exist; and that taking water
needed for the development may adversely impact the Boise
River; that it would add to the problem of overcrowding of
existing schools in the area; and that a Greenbelt area
should be established.
The applicant testified that to determine the impact of the
proposed development upon water in the area the Dept. of
Water Resources would be consulted and that they would
negotiate with Boise Water Corp. for water access or drill
wells and establish a community well system. They have
negotiated with the Idaho State Dept. of Transportation
regarding the necessary easements needed on a State Highway
(Eagle Road), and that they are in the process of
negotiations with the Eagle Sewer District.
4.
The applicant indicated that there was no public school site
in the proposed subdivision.
5.
The development is bordered to the east and south by the
Eagle Impact Area, zoned by Ada County as a residential
transition zone (RT), to the north by a manufacturing zone
(Ml) and to the west by an agricultural zone (A).
6.
Greenbelt areas and landscape screening is compatible to the
proposed subdivision.
7.
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:
PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
PRELIMINARY PLAT PROCEDURES
9-4:
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)
PLANNED UNIT AND CONDOMINIUM SUBDIVISION
9-5-4:
With respect to the review of the preliminary planned
unit development (PUD) plan:
8-6-4: USES PERMITTED
A. THAT THE USES ARE APPROPRIATE WITH THE
RESIDENTIAL USES
B. THAT THE USES ARE INTENDED TO SERVE
PRINCIPALLY THE RESIDENTS OF THE PUD
C. THAT THE USES ARE PLANNED AS AN INTEGRAL PART
OF THE PUD
D. THAT THE USES BE LOCATED AND SO DESIGNATED AS
TO PROVIDE DIRECT ACCESS TO A COLLECTOR OR AN
ARTERIAL STREET W/O CREATING CONGESTION OR TRAFFIC
HAZARDS
E. THAT A MINIMUM OF 50% OF THE RESIDENTIAL
8.
DEVELOPMENT OCCUR PRIOR TO THE DEVELOPMENT OF THE
RELATED COMMERCIAL OR INDUSTRIAL LAND USES.
(Those uses within the proposed subdivision that
must specifically meet the above requirement are:
a day care center and a proposed school site.)
8-6-5-1:
MINIMUM AREA: 3 ACRES RESIDENTIAL, 5 ACRES
RESIDENTIAL USE wI SUBORDINATE COMMERCIAL, 10
ACRES FOR COMMERCIAL
USE.
ARRANGEMENT OF COMMERCIAL USES
8-6-5-5:
8-6-6:
PROCEDURE FOR APPROVAL
With respect to the
conditional use permit;
a
approval
of
8-7-3:
CONDITIONAL USES:
8-7-3-1:
8-7-3-2:
PURPOSE AND INTERPRETATION OF CONDITIONAL USE
GENERAL STANDARDS FOR CONDITIONAL USES (A-I)
PUBLIC SITES AND OPEN SPACES (A-C)
8-7-3-3:
8-7-3-4:
SUPPLEMENTARY CONDITIONS AND SAFEGUARDS
8-7-3-5: CONDITIONAL USE PERMIT (APPLICATION
REQUIREMENTS AND PROCEDURE FOR APPROVAL)
With respect to the rezone of the property:
8-7-5:
AMENDMENTS
The Commission concludes that the preliminary development
plan is in conflict with the intent and purpose of Title 8,
and 10 of the Eagle City Code and that the proposed
development does not promote public welfare and that the
combination of various land uses presented and their
interrelationship with the land uses in the surrounding area
does not justify deviation from standard land uses in the
surrounding area.
9.
The Commissions finds that there is inadequate evidence
showing that a development use at the proposed location
satisfies the general standards for uses set forth in
Section 8-7-5, Eagle City Code. Specifically, that the use
will not be harmonious with and in accordance with the
general objectives of the Comprehensive Plan and Title 8;
that the development, conditions attached to this approval
are inadequate and will not be adequately served by
essential public facilities and services; and that the
vehicular approaches to the property are not designed to
prevent an interference with public access to the river and
traffic on surrounding roadways; and that a legal questions
must be met regarding the Williamson claim to an access
road in the area.
10.
The application submitted by Dennis Baker, does not comply
with the requirements set forth in the Eagle Comprehensive
Plan;
11.
The application submitted by Dennis Baker, for a rezone from
an (C3) Commercial District to a (R5) Residential District
is in accordance with the Eagle Comprehensive Plan and the
requested rezone serves the welfare of the general public
and is in the public interest.
12.
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. The following is
recommended by the Eagle Planning and Zoning Commission;
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 on the basis of the
following:
1.
That the question regarding Williamson road access is a
legal question and needs to be settled by legal means,
not the City of Eagle;
That there should be public access to the river; 3.
That there is no public parking near the river planned;
That there is no designated pump house;
That the wet lands issue has not be addressed by the
Corp. of Engineers.
2.
4.
5.
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CHAIRMAN TOM/EASON
PLANNING AND' ZONING
COMMISSION
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APPROVED: