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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 ) ) ) ) ) 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: "' . CHAIRMAN LLOYD GERBER PLANNING AND ZONING COMMISSION '}, - - ..;0,.',. TY, CLERK