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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 1 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 2 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 3 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 4 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. 5 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 6 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 7 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 :. ".-¡, .. ';;;' ':;., "\:" ' , <,' , ".,,- " ".' 'i ~, ,-,'." 8