Loading...
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 ) ) ) ) ) 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. ~~o~;:fe~YI¿:;O E:hglse 5:.n~;~g o~n~~~~n~:~is,Si1~~I~f the City d,~ '- W CHAIRMAN TOM/EASON PLANNING AND' ZONING COMMISSION '-i' ^ -i' '-".. .. c . .. ,,'>? .. " :- . '. ;; .. :: ,'-',l: ~> " ,/ APPROVED: