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Findings - PZ - 1993 - PP/Curlew Subd - Pp/R4/7 Acres/27 Buildable Lots CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR) CURLEW SUBDIVISION) AN APPLICATION FOR) A PRELIMINARY PLAT) BY Monte Silliman, ) Walnut Ridge Partnership) FINDINGS OF FACT AND CONCLUSIONS OF LAW On November 1 and November 30, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, Tony Hickey., the owner of the property, came before the Eagle Planning and zoning Commission, for the City of Eagle, Idaho, requesting approval for a subdivision preliminary plat in an R4 zone for 7.0 acres, 27 buildable lots, 1 common lot, gross density 4.0. The project is to be complete in one phase. This subdivision provides for curb, gutters and sidewalks along Edgewood as well as through the subdivision. The lots average 6500 sq. ft to 7000 sq. ft. 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. 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: RESPONSES RECEIVED FROM ENTITIES: ACHD: 11/1/93: This subdivision is within or adjacent to the proposed corridor for the reconstruction of Hill Rd. They request a deferred decision on this subdivision until the ACHD Commission can make a decision regarding the selection of a corridor. An additional letter was received on 11/30/93 in which the ACHD Commission intends to preserve the right of way needed for the Hill Road Corridor. The Curlew Meadows Subdivision lies directly in the path of the corridor, therefore, ACHD is proeceeding with the acquisition of the property and requests the City deny the application. US WEST: requests a 10' easement along all front and rear property lines and a 5' easement along all side lot lines. CENTRAL DISTRICT HEALTH: After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and water. The plans must be submitted and approved by the Idaho Dept. of Health and Welfare, and DEQ. ADA COUNTY ASSESSOR 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-arounds. 3. Fire Flow requirements for buildings: The minimum fire-flow and flow duration requirements for one and two family dwellings having a 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-I11-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-II1-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: regulations. 10/15/93 - will provide water under rules of PUD EAGLE SEWER DIST: 10/26/93: Is in the District's Planning Area. The subdivision will require a lift station which will serve only the Curlew Meadows project. MERIDIAN SCHOOL DIST: This planned development will accelerate the need for Joint School Dist. #2 to construct additional classrooms and adjust school attendance boundaries. The District asked for support in a development fee statute on new home construction. If this support is lacking they ask that additional residential development be denied. EAGLE CITY ENG: 10/26/93 - 1. The common lot, lot 16, block 1 should be connected to the roadway with some type of crossing of the Dry Creek Canal. A pedestrian bridge would be appropriate 2. East Idaho St. is over 1000 ft. long. 3. ACHD should respond as to how this development is impacted by the new Hill Rd. alignment 4. The density complies with R4. 2. LOCATION: SE of intersection of N. Edgewood Lane and Hill Rd. (site of Avante Subdivision) 3. The standards used in evaluating the application are in the following Sections of the Idaho State Code and Eagle City Code. 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 G. The manner and form of making and filing of any plats; and H. The administration of defining the powers and these regulations by duties of approving authorities. 9-2-3: 9-2-4: Preliminary Plat Procedures 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. 9-4-1-5: STREET LIGHTS: All street subdividers w/i the City and area of impact shall be required to install, at the subdividers' expense, street lights in accordance with City specifications and standards at location designated by the Administrator, or representative----. 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 right 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 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 CONCLUSIONS OF LAW 1. The granting of this preliminary plat may not be a betterment to the community. This subdivision must serve the welfare of the general public and must be in the best interest of the public. In order to determine best interest sufficient information must be available to the Commission from the Ada County Highway District and the plans for the hill Rd. corridor, which intends to go through this particular property. RECOMMENDATION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle Planning and Zoning Commission recommends to the Council the application be denied until satisfactory information has been received from Ada County Highway District regarding the purchase of the property. There is adequate evidence showing that this development use at the proposed location satisfies the general standards for approval of a subdivision set forth in said Sections of the Eagle city Code. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of December, 1993. ~', I A~'l'ßSt : ~. . . /' \\: "...~' '.~... . \r~ .. 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