Findings - PZ - 1993 - PP/REZONE - Ashland Acres/Rz From R1 To R4
CITY OF BAGLB
IN THE MATTER OF
MIlLARD ACRES
.All APPLICATIOR FOR A
SUBDIVISIOR PRELIMcrRARY
PLAT .ARD REIOHE
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FIRDIRGS OF FACT
ARC CORCLUSIORS OF
LAW
On February 22, 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, Dave Roylance, Project Engineer
from Roylance and Assoc., an Engineering firm, and, representative
for the project for Kathryn McCallum, owner and developer of the
Ashland Acres 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 R1, Residential, to R4, Residential (four
single family dwelling unit per acre).
Based on the application, testimony from the applicant and all
interested parties and, together with all documentary evidence
submitted 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. Responses
from those entities are as follows:
Meridian School Dist: 2/8/93-Asked the question "Does this provide
for walkways to get the kids to the school site in Lexington
Hills?" They encouraged development of walkways, bike paths and
safe pedestrian access. Encourages development fee statute.
Central District Health: 2/10/93-After approval from appropriate
entities can approve for central sewage and water. Street runoff
is not to create a mosquito breeding problem.
Idaho Power: require a permanent 10 ft wide public utilities
easement along all lots adjacent to a road right-of-way dedicated
to public or private use.
ACHD:
2/22/93:
must meet standard requirements of the District.
general objectives of the Comprehensive Plan, Land Use, Title 8,
Zoning, and Title 9: Subdivision.
The application submitted for Ashland Acres Subdivision for a
preliminary plat and rezone from a R1, residential to R4,
residential District is not in accordance with the Land Use Section
of the Eagle Comprehensive Plan and does not serve the welfare of
the general public or the best public interest.
The granting of the application for a preliminary plat and rezone
may violate the Idaho Code and nullifies 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
and rezone be denied, any further submittal of the plat should
include the following:
1.
2.
3.
the plat should designate a park area.
the street design should reflect a street moved further
back from the ridge
Conditions placed on the water and sewer prior to any
approval.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this ~ day of April, 1993.
APPROVED:
A T~ S {:/~\
CHAIRMAN KEN SMITH
PLANNING AND ZONING
COMMISSION
CLERK
no objection
Eagle Sewer Dist:
Eagle Fire Dist:
2.
Requires:
1. Install address numbers on every building,
house or apartment
2. Fire apparatus access roads shall comply
with Art 10- Div 11, 1991 UFC
Additional comments were received from Davis, Wright, Tremaine
determining the proposed development water supply, and if it
could be supplied with groundwater obtained under the City of
Eagle's Water Permit No. 763-114513. The legal opinion
determined "the City would not be able to supply groundwater
to the Ashland Acres Subdivision, as that area is not a
permitted place of use under the Permit".
3.
On February 22, 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 density, safety of children with a rim and
a canal in the development. The Commission continued the
hearing until March 15, 1993 in order to review the
application, testimony and deliberation of current public
hearing.
4.
On March 15,1993, the hearing was resumed. It was determined
that the length of the cul-de-sac did not meet the standards
set forth in Eagle City Code.
4.
The development is bordered to the east by residential zoning,
(Lexington Subdivision)to the north by county residential
zoning, to the south by residential zoning (Lexington
Subdivision) and to the west by county residential zoning.
5.
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:
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:
9-2-3:
9-2-4:
9-3-1:
C. Adequate open space for travel,
recreation:
D. Adequate transportation, water
sanitary facilities:
E. The avoidance of the scattered
land that would result in either of
1. The lack of water supply,
drainage, transportation or
services: or
light air and
drainage
and
subdivision of
the following:
sewer service,
other public
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services: or
F. The requirements as to the extent and the manner
in which:
1. roads shall be created, improved
and maintained: and
2. water, 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
defining the powers and
authorities.
these regulations by
duties of approving
Preliminary Plat Procedures
Final Plat Procedures
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, (the following are only a
portion of the code)
a. Street lights (City of Eagle standards)
b. Sidewalks and pedestrian walkways
c. Water supply and sewer systems
d. Storm drains
e. Fire hydrants
f. Greenbelt areas (may be required)
9-4-1-9:
Water supply 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
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 is premature
due to the conditions not being satisfied to date, specifically,
questions remain regarding adequate service by essential public
facilities and services.
The development in the proposed location does not satisfy the
general standards for approval of a rezone and subdivision set
forth in said Sections of the Eagle City Code. Specifically, that
the use may not be harmonious with and in accordance with the