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Findings - PZ - 1994 - Annex/zone/PP - Berkshire Acres/Annex/Zone R4/Pp CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR) BERKSHIRE ACRES) SUBDIVISION ) AN APPLICATION FOR) ANNEXATION, ZONING AND ) PRELIMINARY PLAT by ) MIKE GULFF ) FINDINGS OF FACTS AND CONCLUSIONS OF LAW On April 4, 1994, Pursuant to public notice and hearing procedures ~pt forth in Section 67-6509, Idaho State Code, Ted Hutchinson, Project Engineer acting on the behalf of the applicant, Mike Gulff, camp before the Eagle Planning and Zonin<1 Commission, for the City of Eagle, Idaho, requesting approval for annexation, zoning (R4) and a subdivision preliminary plat. This subdivision is located on the S side of Floating Feather Rd, appro x 2000 ft. W of the intersection of Floating Feather Rd and w.of Highway 55. The subdivision consists of 7.66 acres, will retain one older single swelling with a detached garage. The proposal is for a total of 29 lots, 28 of which will be single family dwelling lot and 1 open space/drainage lot. The density is 3.65 dwelling units per acre. 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 April 4, 1994, a public hearing was conducted by the Eagle Planning and zoning Commission. Testimony was presented by neighborhood property owners in favor of the proposed development. There was no opposing testimony. 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: BOISE SCHOOL DISTRICT: New students from this subdivision may be bused to other schools with room if enrollment is closed at Cynthia I Mann and Hillside. We will need help in the future to pass a bond for the school buildings to house this and future subdivisions in the area. 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-around's. .1. Fire Flow requirements for buildings: The minimum fire-flow and [tow duration requirements for one and two family dwellings having ñ 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. The fire-flow for buildings other than one and two family dwellings shall be not less than that specified in Table No. A-III-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: will provide water service to this subdivision under its rules and regulations as provided for by the IPUC. EAGLE SEWER DIST: is within the District Planning Area, but is not annexed. There has been no formal application for annexation. This property should be served by an extension of the line constructed to Hi Valley RV Park. The developer of Berkshire would be responsible for extending the line N to reach the property and for all easements. 3. The Staff Report includes the following comments: A. Although the Eagle Water Co. intends to serve this subdivision, but this appears to be outside Eagle Water Company's certified area. By what well source will the company provide water to this subdivision? B. The City has not received a reply from ACHD. A transmittal was submitted, followed up with a call. There is a question on how the entrance to this subdivision lines up with Lexington. Also one or more of the cuI de sac's to the west should be a stub street to accommodate the land to the west. C. Is N. Parkinson Street named so that it eventually meets N. Parkinson St. in Randall Acres to the South? D. There are no common areas or pathways in this subdivision. 2 Although the narrative speaks to it staff finds entrance way landscaping possible with this design. little 4. The standards used in èvaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan. ANNEXATION IDAHO STATE CODE: 50-222: ANNEXATION OF ADJACENT TERRITORY--In any annexation of adjacent territory, the annexation shall include all portions of highways lying wholly or partially within the annexed area. 67-6525: PLAN AND ZONING ORDINANCE CHANGES UPON ANNEXATION OF UNINCORPORATED AREA 67-6509: NOTICE PROCEDURES EAGLE CITY CODE: 1-10-2: ANNEXATIONS: Whenever any land lying contiguous or adjacent to the City shall be or shall have been laid off into blocks containing not more than 5 acres of land in each when lawfully subdivided 0 platted or not; or whenever any person has sold or begun to sell such contiguous or adjacent lands in tracts not exceeding 5 acres; or whenever he owner or his agent on such contiguous and adjacent lands shall request annexation in writing to the Council, the City Council, by ordinance, may declare the same, by proper legal description, a part of the City; provided, that a showing must be made that the area to be annexed can reasonably be used for orderly development of the City and not connected to the City only by a shoestring or strip of land upon a public highway. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: ZONING DISTRICTS 8-2-1: Districts established R Residential Districts: to provide regulations and districts for various residential neighborhoods. Density in an R District shall be determined according to the numeral following the R. The number designates the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all district 3 exceeding one dwelling unit per acre. 8-2-3: Schedule of District use Regulations: district regulations shall be as set forth in the Official Schedule of District Regulations and in the performance standards. 8-7-2: Zoning Permits and certificates. of occupancy A. Zoning Permit 1. Application 2. Plan. 3. Approval 4. Expiration 5. Occupancy of permit 8-7-6: 8-8-2: ZONING UPON ANNEXATION ANNEXATION TO OCCUR ONLY IN AREA OF CITY IMPACT 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 4 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. 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: Providing access 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. 5 9-4-1-5: STREET LIGHTS: All street area of impact shall be required to expense, street lights in accordance standards at location designated representative----. subdividers w/i the City and install, at the subdj.viders' with City specifications and 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 rlght 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 EAGLE 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. LAND USE: Residential uses- I. The residential densities in the City limits shall not exceed the land use designations as reflected on the Land Use Designation Map, adopted with the 1993 Eagle Comprehensive Plan on May 11, 1993. LAND USE DESIGNATION MAP: Medium Density contains 4 or fewer dwelling units per acre. Residential: COMMUNITY DESIGN: (#7) New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City ordinances. Housing: 6 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. The location of all housing shall be coordinated with provisions for adequate public facilities and services. Developments of housing for all income groups close to emploYment and shopping centers shall be encouraged. Housing shall be encouraged which is in accordance with local building codes and provides for energy saving design. An open housing market shall be encouraged for all persons regardless of income, race, age, sex, religion or ethnic background. The use of materials and techniques that will maintain a high level of quality while lowering cost and speeding construction shall be encouraged. 2. 3. 4. 5. 6. 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. 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. CONCLUSION The Commission concludes that the application for annexation, zoning of R4 (Residential 4 units per acre) and a preliminary subdivision plat presented is not consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes, j Jlr:<-luding conformance with the Comprehensive Plan pursuant to Eagle City code Section 9-2-3.a (1). The purpose and scope of the Eagle 7 Comprehensive plan specifies that new development shall occur in such a manner as to encourage urban and urban-type deve torment, 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 dpvelopment, 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 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 Berkshire Acres Subdivision, annexation, zoning (R4) and preliminary subdivision plat be denied based on the foregoing conclusions. .- . ë' 'g "...,- ADOPTED by the Eagle Planning and Zoning Co~i;~'s~ón:o{ the City of Eagle, Idaho this 18 day of April <~"',\'~ 1994 ,'-". $"",,,' , . " ", ITY CLERK , ,,: >',' ',' 8