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
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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.
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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
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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
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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.
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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:
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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
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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 ,'-".
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ITY CLERK
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