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Findings - PZ - 1992 - Subd PP - Subd Preliminary Plat In R4 Zone CITY OF EAGLE IN THE MATTER OF EDGEWOOD ESTATES SUBDIVISION AN APPLICATION FOR A SUBDIVISION PRELIMINARY PLAT FINDINGS OF FACT AND CONCLUSIONS OF LAW On August 3,1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Title 9, Eagle City Code, Don Hubble, Project Engineer for Ronald Leslie, the applicant and developer of the Edgewood Estates Subdivision project, came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting approval of a application for a subdivision preliminary plat in an R4 Residential District, (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, Ada County Development Services and Ada County Highway District. Idaho Transportation Dept. indicated that the intersection of Edgewood and SH44 would be significantly impacted by this subdivision. The Meridian School Dist. asked for a development fee statute on new home construction or a real estate transfer fee to help offset the costs of building additional school facilities needed as a result of the development. Eagle Sewer District advised the City the area has been annexed to the District. Drainage Dist. #2 conditions must be satisfied prior to final plat approval or construction. 2. On August 3,1992, 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 the roads, additional concerns were regarding water through the well system and water rights, ground water and drainage, preservation of open space, school impact, fencing of the canal and surrounding the property and law enforcement impacts. A letter of opposition was received from Sam and Doris Ulrich. 3. The applicant informed the Commissioners that water may come from Eagle Water Co., however, if that is not possible wells would be drilled, the developers are open to dedication to the City. 4. The development is bordered to the east and south by an RT, Ada County zone, to the north by Avante Casa', a proposed subdivision, and to the west by agricultural land and R5 zones. 5. 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: 9-1-3: PURPOSE OF GENERAL SUBDIVISION REQUIREMENTS 9-2-3: 9-3-7: 9-4: PRELIMINARY PLAT PROCEDURES PLANTING STRIPS AND RESERVE STRIPS STANDARDS REQUIRED IMPROVEMENTS (The following are only a portion of the Code.): 1. STREET LIGHTS (MAY BE REQUIRED) 2. SIDEWALKS AND PEDESTRIAN WALKWAYS 3. WATER SUPPLY AND SEWER SYSTEMS 4. STORM DRAINS 5. FIRE HYDRANTS 6. GREENBELT AREAS (MAY BE REQUIRED) Environmental Assessment Plan: the developer shall prepare and submit an environmental assessment along with the preliminary plat application for any development that is proposed within an area of critical concern. (B) The content of the environmental assessment shall be prepared by an interdisciplinary team of professionals that shall provide answers to: 1. what changes will occur as a result of the subdivision? 2. what corrective action or alternative development plans could occur so as not to significantly change the area of environmental concern? 3. what is unavoidable? 4. what beneficial or detrimental affect would it have on animal or plant life, social concerns, economic, noise, visual etc. 6. The Commission concludes that there is inadequate evidence showing that this development use at the proposed location satisfies the general standards for approval of a subdivision set forth in Title 9, Section 9-1-3: Purpose, of the Eagle City Code. Specifically, that the use will be harmonious with and in accordance with the general objectives of the Title 9, and the Comprehensive Plan; that the development includes coordination of streets and roads, there is adequate open space and adequate transportation plans. 7. The Commission concludes the application submitted by the Edgewood Estates Subdivision developer, Ronald Leslie, is in accordance with the Eagle Comprehensive Plan, the requested subdivision does serve the welfare of the general public and is in the best public interest. 8. The granting of the application does not violate the Idaho Code and nor nullify the interests or purposes of the Eagle City Code and Eagle Comprehensive Plan. 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 approved based on the following: 1. The project adequately addresses the problems regarding road impacts, water, sewer or open spaces and parks; 2. The project addresses the intent of Section 9-2- 3.03(1,2,5) Eagle City Code: Action by Commission: a. Commission's Findings: In determining the acceptance of a proposed subdivision, the commission shall consider the objectives of this Title and at least the following: 1. The conformance of the subdivision with the Comprehensive Development Plan; 2. The availability of public accommodate the proposed development; 3. The other health, safety and environmental problems that may be brought to the commission's attention; services to RECOMMENDATIONS 1. All conditions of the Subdivision must be met; City Standard Conditions of 2. The recommendation subject to the fencing problem around the subdivision and canal be worked out with a 80% open view observed; 3. The City of observed; Eagle Tree Ordinance conditions must be 4. Assurances that the park and paths will be dedicated to the City of Eagle when the City is able to provide for them, with the understanding that it is the responsibility of the home owners association to maintain the park and pathways until they are dedicated to the City. APPROVED: ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of August , 1992(\",,"_~u,,:, ,," (}1> h ,If"., ..' ,~{ ." t.:", "^ ...."...<\. ","""':"',. ",.', "', "("'pC- '"",, ! ,~<i'("".'Ç'c::: """,~""'" :: ".":" ' '.' '~", ,0 ,-,-' {L / /,,{\p ~ cHA LOYD GERBER PLANNING AND ZONING COMMISSION