Findings - PZ - 1993 - PP/RZ - Great Sky Estates Pp/Rz From C2 To R4
CITY OF EAGLE
IR 'l'ID ](ATTBR OF
GREAT sn BSTATBS
AM APPLICATIOR FOR A
SUBDIVI8IOR PRBLIMIRARY
PLAT AIm 0100
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FIImIRGS OP FACT
AIm CORCLU8IOR8 OF
LAW
On January 4, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Sections 8 and 9, Eagle City Code, Gary Lee, JUB Engineer and,
representative for the project and Trevor Roberts the owner and
developer of the Great Sky Estates project, 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 and (2) a rezone of the property from C2, General
Business District to R4-Residential, (one single family dwelling
unit per 4 acres.
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
Bubmitted concerning the application, the Eagle Planning and Zoning
Commission finds the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW
1.
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 District, Idaho State Transportation Dept.,
Meridian School District, Eagle Water Co., Eagle Fire Dept.,
Idaho Power, and Ada County Development Services. ResponseB
from those entities are as follows: Eagle Sewer Dist: was
annexed w/wrong legal description, will go through annexation
again, do not anticipate any problems. Drainage Dist #2:
1. needs 100 ft exclusive drainage easement and drainage plans
approved by District: 2. plans for the bridge which is to go
over a portion of the District's drainage ditch and across
exclusive drainage easement: 3. an executed agreement and
costs paid. ACHD: will require at least a 165 FT. easement.
New Dr Creek Ditch Co: re uires com liance with conditions.
ITD: ThiB development was approved for Right of Way
nègotiations. Division of Environmental Quality: conditions
and restrictions apply.Eagle Fire Dist: requires compliance
with conditions.
1. requires address numbers on all buildings
2. Fire apparatus access roads
3. Fire flow requirements for buildings
4. compliance with Bpacing between hydrants
5.
and Central Dist. Health: can approve with required conditions
for central water and sewer.
2.
On January 4, 1993, 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 on water and drainage.
Other concerns were regarding Bewer, congestion, one access
and request fencing of the W. border. Written testimony was
received from Michael N. and Julie Jeppson Morgen in
opposition to the lot sizes and water rights.
The development is bordered to the east by commercial zoning,
north by agricultural and residential zoning, Bouth by
manufacturing zoning and west by residential zoning (R5).
3.
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
Title 6, Chapter 5: Review of landscaping plans for entrances
to subdivisions
Title 9-Land Subdivisions:
9-1-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS
9-2-3:
PRELIMINARY PLAT PROCEDURES
9-2-41
9-3-1:
FINAL PLAT PROCEDURES
Design standardB
A. Street location and arrangements: When an
official street plan or comprehenBive development
plan has been adopted, subdivision Btreets Bhall
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
dwelling units shall be allowed.
than 2
9-3-7: Planting strips and reserve strips standards
a. planting strips shall be required to be placed next
to the incompatible features such aB highwaYB, railroads,
commercial or industrial uses to screen--Bhall be a
minimum of 20 ft. wide and not part of the normal Btreet
right of way or utility easement.
9-4-1: Required improvements, (the following are only a
portion of the code)
a. Street lights
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrantB
f. Greenbelt areas (may be required)
9-4-1-9: Water Bupply and sewer systems
9-4-1-10: Storm drainage, Flood controls
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:
limited to, Hillside Subdivisions, Planned Unit Developments,
Cemetery Subdivisions, Floodplain Development, Areas of Critical
Concern and special designated areas recognized to be historic,
environmental, scenic or have architectural significance. (if
applicable)
CONCLUSION
The Commission concludes that the preliminary development plan is
not consistent with the intent and purpose of Title 9 of the Eagle
City Code and that the proposed development does not advance the
public welfare in preliminary form. The development iB premature
due to the conditions not being satisfied to date, specifically,
questions remain regarding adequate service by essential public
facilities and services.
There is, however, adequate evidence showing that this development
use at the proposed location satisfies the general standards for
approval of a rezone and subdivision set forth in said Sections of
the Eagle City Code. Specifically, that the use will be harmonious
with and in accordance with the general objectives of the
Comprehensive Plan, Land Use, Title 8, Zoning, and Title 9:
Subdivision.
The application submitted for Great Sky Estates Subdivision for a
rezone from a (C2) Central Business District to a (R4) Residential
District is in accordance with the Land Use Section of the Eagle
Comprehensive Plan and the requested rezone does serve the welfare
of the general public and is in the best public interest.
The granting of the application for a rezone does not violate the
Idaho Code nor nullify the interests or purposes of the Eagle City
Code and Eagle Comprehensive Plan, the conditions of approval of a
preliminary plat cannot be satisfied at this time.
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 a subdivision preliminary plat
be denied, any further submittal of the plat should include
the following:
1. the plat should designate a common area.
2. the street design should reflect a street to the North end
of the subdivision.
3. Landscaping on Highway 55 on the East side be submitted to
the City for approval.
4. Water and sewer be installed subject to the standards of
the City of Eagle.
The recommendation for a rezone application is approved by the
Planning and Zoning Commission conditioned on an executed
Development Agreement between the developer and City of Eagle.
ADOPTED by the Eagle Planning
Eagle, Idaho this -1- day of
..'
the City of
APPROVED:
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CHAIRMAN LLOYD GERBER
PLANNING AND ZONING
COMMISSION
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TY, CLERK