Findings - PZ - 1994 - PP - Pp For Echohawk Estates Subd
" .
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR )
ECHOHAWK ESTATES )
SUBDIVISION )
AN APPLICATION FOR ) FINDINGS OF FACTS
A PRELIMINARY PLAT AND
BY B.J. LAND CO. dba ) CONCLUSIONS OF LAW
JOHN FULTON & R. HOAG )
On February 28, and March 21, 1994, Pursuant to public notice and
hearing procedures set forth in Section 67-6509, Idaho State Code,
Ted Hutchinson, Project Engineer acting on the behalf of the
applicants, John Fulton and Robert Hoag, came before the Eagle
Planning and Zoning Commission, for the City of Eagle, Idaho,
requesting approval for a subdivision preliminary plat.
This subdivision is located on the S side of Floating Feather D,
appro x 1800 ft. W of the intersection of Floating Feather Rd and
the present SH 55. Echo/Trail Creek Subdivision lies N of this
parcel.
The subdivision consists of 35.16 acres, zoned R5. The proposal is
for 109 single family dwelling lots and 3 common lots (2
landscaping, 1 future right of way). Density 3.10. Intersected by
Farmers Union Canal. The proposed re-location of SH 55 will form
the E boundary. W/ be developed in 3 phases. Phase 1 - 39 lots,
Phase 2 - 35 lots and Phase 3 - 38 acres.
Ted Hutchinson of Tealey' s Land Surveying, and Pat Tealey, the
surveyor and owner of the Company informed the Commission that the
street design had been altered as directed by ACHD. The plans for
the E side of the property where the new SH 55 will be is to build
a 6 ft. fence. They plan a block fence with rod iron for the entry
way for the Floating Feather portion of the subdivision. He
informed the Commission that the developer would like to donate
$150.00 per lot to the City for future park improvements, but not
to locate those sites in Echohawk Subdivision. There is land more
appropriate to the S, he stated. There is a water amenity but it
is on private property. The traffic study has been accepted by
ACHD.
The staff report submitted the following comments:
A. There should be a requirement no variances allowed on setbacks
in this subdivision.
B.
The narrative speaks to a landscaped entryway incorporated into
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the plan; however, there is no dedicated common lot or easement to
provide an adequate landscape design.
C.
There are 2 small common lots, no parks or pathways.
This development is not in the certified area designated to
Eagle Water Co. This should require a franchise agreement.
D.
Based on testimony from the applicant and all interested parties,
together with all documentary evidence submitted concerning the
application, the Eagle City Planning and Zoning Commission finds
the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW:
1.
On February 28 and March 21, 1994, a public hearing was
conducted by the Eagle Planning and Zoning Commission.
Testimony was presented by neighborhood property owners.
Opposing testimony was heard regarding concerns about fire
protection, drainage, well water use and sewer & canal
crossing the development might generate. Written testimony
was received in favor of the development.
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 the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities. Those responses are as follows:
ITD: ITD would like to postpone their comments until they are able
to review a traffic study. They will not allow any access to the
new SH 55 from this subdivision. The developer needs to include a
noise barrier, berm, fence, etc.
ITD: They reviewed the preliminary plat and traffic study and do
not foresee an adverse impact to the State highway system that has
not been planned for. Access will not be allowed onto the proposed
SH-55, but would urge the developer to consider a noise barrier,
(berm, fence, etc) along the E. boundary.
EAGLE CITY ENGINEER:
Submitted the following comments:
1. Goosehawk Dr. should be extended to the W boundary to allow
continuation when the adjacent property is developed.
2. Without open areas, how will the storm drainage be handled?
3. There is no franchise granted to Eagle Water Co. at this
location.
4. The developer should verify that sufficient fire flows can be
obtained at the south end of the subdivision.
5. All cu de sacs are less than 700 ft. long.
6. No plans for screening on the E boundary where the new SH 55
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aligns with this subdivision.
7. There is at least one lot that has only 31 ft of buildable
space, from front of lot to back when you account for the setbacks.
CENTRAL DISTRICT HEALTH: After written approval from appropriate
entities are submitted this can be approved for central sewage and
water. Stormwater disposal methods shall be reviewed by IDWR.
Documentation shall demonstrate that the waters of the State will
not be degraded and impact public health.
EAGLE FIRE DEPT:
1. Install address numbers on every building, house or apartment,
so as to be clearly visible from the street. Numbers shall be a
minimum of 3.50" high in accordance with Fire codes.
2. Fire apparatus access roads shall comply with Art. 10-Div 11,
1991 UFC, this section covers width and turn-arounds.
3. Fire Flow requirements for buildings: The minimum fire-flow and
flow duration requirements for one and two family dwellings having
a fire area which does not exceed 3,600 sq st shall be 1,000 gal
per minute. Fire flow and flow duration for dwellings having a
fire area in excess of 3,600 sq. ft shall not be less than that
specified in Table No. A-III-A-l. A reduction in required fire
flow of 50%, as approved by the chief, is allowed when the building
is provided with an approved automatic sprinkler system.
Recommendations on subdivisions with lesser density (2 acres or
more per house) may be
a. ponds and frost free draft hydrants,
b. underground storage tanks fed by larger home domestic wells
c. fire truck connectors on irrigation systems.
The fire-flow for buildings other than one and two family dwellings
shall be not less than that specified in Table No. A-I11-A-l, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-III-B-l-, 1991 UFC
EAGLE WATER CO: can serve this project.
EAGLE SEWER DIST: This development is in the District Planning
area but not annexed. They have not been contacted by the
developer.
MERIDIAN SCHOOL DIST: This development may be in the Boise School
District. Meridian School District boundary runs Nand S. They
need to know if this development is on the W side of the center
line. (The Engineer was contacted to define the school district)
BOISE SCHOOL DIST: New students from this subdivision may be bused
to a school with room. The District has identified future
elementary and junior high sites in the area but will need help to
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pass a bond to build new schools to handle the growth in this area.
ACHD: This project is of sufficient size and/or is expected to
generate traffic impacts such that the District requests deferral
of the public hearing until a required traffic study has been
approved by the District. ( The Engineer was contacted regarding
the required traffic study)
3. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan.
The standards used in evaluating the application
following sections of the Comprehensive Plan:
Purpose and Scope: (a) to protect property rights and enhance
property values, (f) to encourage urban and urban-type
development within the incorporated City limits of Eagle (g)
to avoid undue concentration of population overcrowding of
land, (h) to ensure the development of land is commensurate
with the physical characteristics of the land.
are
in
the
Parks, Recreation and Open Space: 1. Create ample areas and
facilities for our citizen's diverse indoor and outdoor park
and recreational interest, 2. to encourage development of
parks and recreational programs which meet the different
needs, interest, and age levels of our citizens who reside in
both the rural and urban areas, 3 Set aside for enjoyment
adequate amounts of open space --- 4. Developers shall be
encouraged to dedicate and develop areas for parks or tot lots
in new residential developments.
Transportation: Transportation and land use planning must be
compatible. The City of Eagle is responsible for land use and
transportation planning within the Eagle Impact Area. The
Eagle Planning and Zoning Commission shall coordinate with the
appropriate transportation network planning agency for all
planned development that falls outside the authority of the
City.
Housing: 1. A wide diversity of housing types and choice
between ownership and rental dwelling units shall be
encouraged for all income groups in a variety of locations
suitable for residential development. 2. The location of all
housing shall be coordinated with provisions for adequate
public facilities and services. 3. Developments of housing for
all income groups close to emploYment and shopping centers
shall be encouraged, 4. Housing shall be encouraged which is
in accordance with local building codes and provides for
energy saving design, 5. An open housing market shall be
encouraged for all persons regardless of income, race, age,
sex, religion or ethnic background, 6. The use of materials
and techniques that will maintain a high level of quality
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while lowering
encouraged.
cost
and
speeding
construction
shall
be
Land Use: policies and Goals (1) The residential densities in
the City limits shall not exceed twenty-five (25) units per
acre.
The Comprehensive Plan is a policy document intended to be used as
a guide. It should be followed as closely, as reason, justice and
its own general character make it practical and possible. The
Comprehensive Plan is not a precise plan and does not show nor
intend to show the exact outline of use districts. It shows,
rather, the general location, character and extent of land use
patterns.
TITLE 9-SUBDIVISIONS
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:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the public health,
safety and general welfare, and to provide for:
A. The harmonious development of the City and its area of impact;
B. The coordination of streets and roads within a subdivision with
other existing or planned streets and roads;
C. Adequate open space for travel, light air and recreation;
D. Adequate transportation, water drainage and sanitary facilities;
E. The avoidance of the scattered subdivision of land that would
result in either of the following:
1. The lack of water supply sewer service, drainage,
transportation or other public services¡ or
2. The unnecessary imposition of an excessive expenditure of
public funds for the supply of such services; or
F. The requirements as to the extend and the manner in which:
1. roads shall be created, improved and maintained; and
2. water and sewer and other utility mains, piping connection,
or other facilities shall be installed
G. The manner and form of making and filing of any plats¡ and
H. The administration of these regulations by defining the powers
and duties of approving authorities.
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9-2-3:
Preliminary Plat Procedures
9-2-4:
Final Plat Procedures
9-3-1:
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: Prov iding acces s 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,
9-4-1-2: STREETS AND ALLEYS: In accordance with the standards and
specs of ACHD
9-4-1-3: CURBS AND GUTTERS: vertical curbs and gutters shall be
constructed on collector and arterial streets
9-4-1-4: STREET SIGNS: Street name signs shall be installed in
the appropriate locations at each street intersection in accordance
w/ local standards.
9-4-1-5: STREET LIGHTS: All street subdividers w/i the City and
area of impact shall be required to install, at the subdividers'
expense, street lights in accordance with City specifications and
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standards at location
representative----.
designated
by
the
Administrator,
or
9-4-1-6: SIDEWALKS AND PEDESTRIAN WALKWAYS: Sidewalks shall be
require on both sides of the street; except, that where the average
width of lots as measured at the street frontage line or at the
building setback line, is over 100', sidewalks on only one side of
the street may be allowed.
PEDESTRIAN WALKWAYS: when required, shall have easements at least
10' in width and include a paved walk at least 5' in width.
9-4- 7: BICYCLE PATHWAYS: Shall be provided, as part of the public
right of way or separate easement as may be specified by the City
Council.
9-4-1-8:
UNDERGROUND UTILITIES:
are required
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
CONCLUSION
The Commission concludes that the application for a preliminary
subdivision plat as presented is not consistent with the intent and
purpose of the Eagle Comprehensive Plan and Eagle City Codes,
including conformance with the Comprehensive Plan pursuant to Eagle
City code Section 9-2-3.a (1). The purpose and scope of the Eagle
Comprehensive plan specifies that new development shall occur in
such a manner as to encourage urban and urban-type development
within the incorporated City limits of Eagle that is in harmony
with the rural character of the area, and to avoid undue
concentration of population and overcrowding of land, and to ensure
that the development of land is commensurate with the physical
characteristics of the land. The Parks, Recreation and Open Spaces
section of the Eagle Comprehensive Plan also establishes policies
and goals to create ample areas for outdoor activities including
open spaces, parks, and pathways. The purpose of the Comprehensive
Plan is to promote the health, safety and general welfare of the
people of the community. This development does not provide for
harmonious development.
There is also inadequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Eagle City
Code Section 9-1-3, the general subdivision provisions, including
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the requirement for open space for travel, light, air and
recreation. Granting of the application violates the interests and
purposes of the Eagle City Code and Eagle Comprehensive Plan. The
Commission finds that the amenities defined by the Comprehensive
Plan and Eagle City Codes, specifically open/common areas and
pathways are lacking in this development. The proposed development
has no pathway system and no park or other common open space,
thereby creating undue concentration and overpopulation of the land
in this development.
RECOMMENDATION
Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF
LAW, the Eagle Planning and Zoning Commission recommends to
the Council the application for Echohawk Estates Subdivision,
a preliminary subdivision plat be denied based on the
foregoing conclusions.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this 4 day of April, 1994.
ATTES'J,':"
-.
ITY CLERK
ON
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