Findings - PZ - 1995 - PP/PUD/Floodplain Development - Falling Waters Subdivision/
CITY OF EAGLE
IN THE MATTER OF )
AN APPLICATION FOR )
FALLING WATERS SUBDIVISION)
PRELIMINARY PLAT, PUD & )
FLOODPLAIN DEVELOPMENT)
APPLICATIONS BY )
EAGLE RIVER LLC )
FINDINGS OF FACT
&
CONCLUSIONS OF LAW
On November 6, 1995 and November 20, 1995, pursuant to public
notice and hearing procedures set forth in Section 67-6509, Idaho
State Code, James Grossman representing the applicant, Bill
Selvage, developer for the applicant and Dave Powell of Toothman-
Orton Engineers, Inc., Engineer for the applicant came before the
Eagle Planning and Zoning Commission, for the City of Eagle, Idaho,
requesting approval for a subdivision preliminary plat, PUD and
Floodplain Development applications. This subdivision is located on
the North side of the North Channel Boise River, along the east
side of Eagle Road in Eagle, Idaho. The applications for
preliminary plat proposes 206 dwelling units on 63.9 acres to
include some single family lots near the river and attached multi-
family units near the by-pass within the 100 year floodplain of the
Boise River.
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 November 6 and November 20, 1995, a public hearing was
conducted by the Eagle Planning and Zoning Commission.
Testimony was presented by neighborhood property owners.
Testimony: Opposed: Tom Dater and Rudy Anderson
Concerns of the public: There are pristine areas with heavy timber
on site that are now planned for development. They may be wet
lands and should not be stripped. Riverside Street should not be
developed. This is too dense for the area. There are no land set
aside for children, no amenities for children. The proposal does
not lend itself to the rural philosophy of Eagle.
2.
No written testimony was received.
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3. The applicant presented the project to the Commissioners and
pictures were distributed to the Commission. This development
would generate 1800 trips per day according to ACHD. The applicant
discussed the road alignment of this proj ect with a proj ect
proposed for the opposite side of Eagle Road. ACHD has indicated
they want these two accesses to align. ACHD Board of Commissioners
will review this matter at their November 29, 1995 meeting.
4. 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
Eagle Fire Protection District: 10/23/95,
1. Street signs shall be up prior to building homes.
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 ft 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-111-A-1. 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-111-A-1, 1991
UFC.
4. The average spacing between hydrants shall not exceed that
listed on table A-111-B-1-, 1991 UFC
Idaho Transportation Department: 10/20/95, "The Idaho
Transportation Department has reviewed this plat and feel that the
approach location shown would be acceptable.
Idaho Power: 10/20/95, "We require a permanent 10-foot wide public
utilities easement along all lots adjacent to a road right-of-way
dedicated to public or private use."
Meridian School District: 10/25/95: The Dist. can predict when
completed, this subdivision will house 52 elementary aged children,
40 middle school aged children and 34 senior high aged students.
At the present time Eagle Hills Elementary is 144% of capacity.
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The District is not Opposed to growth, however this subdivision
will cause increased overcrowding in all three schools. There is
little opportunity to shift attendance boundaries since the
surrounding schools are also well over capacity. The cost per
student for newly constructed schools, excluding site purchase
price and offsite improvements, exceeds $5,000 per elementary
student and $10,000 per middle or high school student. The
District asks for your help in dealing with the impact of growth on
schools.
.
Central District Health: 10/26/95:
. After written approval from appropriate entities are
submitted, we can approve this proposal for central sewage and
central water.
The following plans must be submitted to and approved by the
Idaho Department of Health and Welfare Division of
Environmental Quality: Central sewage and central water.
Street runoff is not to create a mosquito breeding problem.
Storm water management criteria are recommended.
.
.
Eaale Sewer District: 10/30/95: ~The property proposed for Falling
Water subdivision is within Eagle Sewer District's Planning Area,
but it has not been annexed into the Districts' boundaries. In
discussing the matter with a project representative, it was
indicated that they were not ready to seek annexation. Annexation
is a prerequisite to sewer service. There is a sewer line in Eagle
Road's east right-of-way that nay serve most, if not all, of the
proj ect. The District has not seen any sewer line construction
plans for the project.
Eagle Sewer District is still investigating the options for a long-
term solution to the disposal of our treated effluent water. The
District must stress that our capacity is limited, and sewer
service remains on a first come, first served basis."
State Division of Environmental Ouali~y: 10/31/95:
~1. Water Supply. The water system will be considered a public
water system, and at least two water sources will be required.
The operator must meet all federal and state requirements
regarding testing and monitoring. Well site and construction
specifications (for existing or new wells), and distribution
system plans and specifications must be approved by DEQ prior
to construction. We suggest that the developer perform an
economic analysis to demonstrate the viability of the proposed
system. We strongly recommend that the project be served by
an existing water supplier such as Eagle Water Co., or United
Water; if this is not possible, construction would meet all
specifications of water companies that might acquire the
system in the future.
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4.
2.
Water Collection and Treatment. If the Eagle Sewer District
collection system is to be extended, plans and specifications
must be submitted to this office for review and approval prior
to construction. Because the project is within the 100-year
flood plain, special precautions may be required to prevent
excessi ve infil tra tion and inflow. Prospecti ve lot buyers
should be notified that capacity of the central treatment
system is limited, and that connections are on a first come,
first served basis.
Pressurized Irrigation. Plans and specifications must be
submi tted to DEQ for approval prior to construction. We
recommend that system design be discussed with the outside
water purveyor, if applicable.
Surface Water Quality. If, during construction, storm water
from the project area could reach waters of the United States,
contractors must obtain an NPDES General Permit from the U.S.
Environmental Protection Agency (EPA). The applicant should
contact Joe Wallace with the EPA at (206) 553-8399."
3.
State Department of Water Resources: 10/31/95: "The Idaho
Department of Water Resources administers the Stream Protection
Act. The Act requires that before any acti vi ty can take place
below the ordinary high water mark of a perennial stream, a Stream
Channel Alteration permit must be obtained from this Department.
The applicant should be aware that applications are required to be
submitted sixty days before the work is scheduled to take place.
The Department is available to review preliminary plans and offer
comments."
Drainage District No.2: 11/13/95: "The Board of Drainage
Commissioners of Drainage District No.2 reviewed the Falling Water
Subdivision Applications for comment, determined the same to have
no impact upon the District's drainage system, and therefore the
District has no objection thereto.
ACHD: 11/7/95: A preliminary draft of a staff report was received,
but final decision by the Board of Commissioners will not be
available until after their November 29, 1995 meeting on this
matter.
CONCLUSION
The Commission concludes that the application for Falling Waters
Subdivision, PUD and Floodplain Development applications is not
consistent with the intent and purpose of the Eagle Comprehensive
4
Plan and Eagle City Codes, specifically:
1. Exhausting services
2. Incompatible with neighboring property uses
3. Does not meet the objectives of the Comprehensive Plan
It is found that it is not in the best interest of the public
welfare and safety and the Subdivision does not provide for the
harmonious development of the area.
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, PUD and Floodplain Development applications be denied.
Planning and Zoning Commission of the City of
h day of December, 1994.
g Commission
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