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Findings - PZ - 1992 - Preliminary Plat/RZ - Pp And Rezone From C2 To R4 CITY OF EAGLE IN THE MATTER OF GREAT SKY ESTATES AN APPLICATION FOR A SUBDIVISION PRELIMINARY PLAT AND REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 21, 1992, 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 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: 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 easement. New Dry Creek Ditch Co: requires compliance with conditions. ITD: This development is adjacent to the forthcoming SH55 realignment, and request delay in approval. 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 spacing between hydrants and Central Dist. Health: can approve with required conditions for central water and sewer. 3. 4. 5. 2. On September 21, 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 water and drainage. They have other concerns regarding sewer, congestion, access and request mobile home restrictions. The applicant testified the subdivision would include manufactured homes as well as conventionally built homes. The development is bordered to the east and north by agricultural and residential zoning, south by manufacturing zoning and west by residential zoning. 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: 9-2-4: 9-3-1: 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 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 CITY OF EAGLE STANDARD CONDITIONS FOR SUBDIVISION APPROVAL 1. Developer and/or owner shall comply with all requirements of Ada county Highway District including approval of the drainage plan, requirements for installing curb, gutter, sidewalks and paving throughout the subdivision or as specified by the Ada County Highway District. Signature by the Ada County Highway District on the plat is required prior to signing of the final plat by the City Engineer. (I.C. title 50, Chapter 13.) 2. Correct street names as approved by the Ada County Street Name committee shall be placed on the plat prior to signing of said plat by the City Engineer. 3. Approval of sewer and water facilities, the Idaho Dept of Health & Welfare and Central District Health are required. The signature by the Ada County Central District Health Department is required prior to signing of the final plat by the City Engineer (I.C. Title 50, Chapter 13 and I.C. 39-118) The developer shall comply with Eagle City code 9-4-1 pertaining to required improvements within subdivisions. Required improvements shall include, but not be limited to, extending all utilities to the platted property. Complete construction plans of water and sewer systems shall be submitted to and approved by the City Engineer prior to signing the final plat by the City Engineer. The developer may submit a letter in lieu of plans explaining why plans are not necessary. 4. The developer shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the City of Eagle Zoning Ordinance at the time of issuance of the building permit or as specifically approved". All lot, parcel and tract sizes shall meet dimensional standards established in the City of Eagle zoning ordinance or as specifically approved. 5. Prior to submitting the final plat for recording, the following endorsements or certifications must be executed: Signatures of owners or dedicators, Certificate of the Surveyor, Certificate of the County Engineer, Certificate of Central District Health Dept., Certificate of the City Engineer and City Clerk and signatures of the Commissioners of the Ada County Highway District and the Ada County Treasurer. 6. A letter from the fire department is required stating "the developer and/or owner has made arrangements to comply with all requirements of the Fire Department", prior to signing of the final plat by the City Engineer. Eagle Fire Department shall check off and approve all fire hydrant locations, Minimum flow per hydrant shall be 1000 gallons per minute. Eagle Fire Department shall check off and approve the fire protection system prior to issuance of a building permit. 7. Compliance with Idaho Code, section 31-3805, irrigation rights, transfer and disclosure. concerning A. The water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or B. The subdivider has provided for underground title or other like satisfactory underground conduit to permit the 10. delivery of water to those landowners within the subdivision who are also within the irrigation entity. 1. Developer may either construct prior to final platting or bond in the amount of 110% of the estimated construction costs. 2. Plans must be submitted to the City Engineer showing the delivery system and approved by a registered professional engineer prior to signing of the final plat by the City Engineer. 8. Developer and/or owner shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to signing of the final plat by the Eagle City Engineer. A copy of the construction drawing(s) shall be submitted with the letter. A. For drainage facilities not belonging to ACHD, the developer may either construct prior to final platting or post bond/agreement in the amount of 110% of the estimated construction costs. 9. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the Eagle City Engineer. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the City Engineer. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to signing of the final plat by the City Engineer. All construction shall comply with the City's specifications and standards. The Developer has the option of completing street light installation prior to signing of the final plat by the City Engineer or bonding for the estimated cost. NOTE: All bonding shall conform to the Eagle City Code, Title 9, Chapter 4, Section 9-4-2.2, which specifies that the improvements to be made shall be done in a time period "not to exceed one year from the date of approval of the final plat". 11. 12. 13. 14. 15. 16. 17. 18. A. Developer and/or owner shall pay street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. Developers and lor owner shall delineate on the face of the final plat an Eagle City street light easement, acceptable to the City Engineer, for the purpose of installing and maintaining city-owned street light fixtures, conduit and wiring lying outside the dedicated public right-of-way, prior to signing of the final plat by the City Engineer. The Developer and/or owner shall provide utility easements as required by the public utility providing service prior to signing of the final plat by the City Engineer. The developer and/or owner shall comply with the provisions of the Eagle City Code which specify limitation on time of filing. A request for time extension, including the appropriate fee, shall be submitted to the City Clerk for processing. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by- laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to signing of the final plat by the Eagle City Engineer. The developer is to place a note on the face of the plat which states: "This subdivision is subject to the requirements of the Uniform building Code (UBC) as regulated the City of Eagle. " No ditch, pipe or structure for irrigation water or irrigation waste water shall be obstructed, routed, covered or changed in any way unless such obstruction rerouting, covering or changing has first been approved in writing the ditch company officer in charge. A copy of such written approval by the ditch company officer shall be filed with the construction drawing and submitted to the City Clerk prior to signing of the final plat by the City Engineer. Approval of all well water for domestic use by the Idaho Department of Water Resources shall be obtained prior to signing of the plat of phase 1 by the Eagle City Engineer. Developer shall comply with all requirements and restrictions of the Eagle City Code and Eagle Comprehensive Plan, sections regulating Special Development Subdivisions including, but not 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) 19. Developer shall comply with all requirements outlined in Title 6, Chapter 5, the landscaping requirements to entrances to subdivisions within the City. CONCLUSION The Commission concludes that the preliminary development plan is not consistent with the intent and purpose of Title 8 of the Eagle City Code and that the proposed development does not advance the public welfare and that the proposed land use presented and their interrelationship with the land uses in the surrounding area do not justify deviation from standard land use in the surrounding area; There is inadequate 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 not be harmonious with and in accordance with the general objectives of the Comprehensive Plan, Title 8, and Title 9; that 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 application submitted for Great Sky Estates Subdivision does not comply with the requirements set forth in the Eagle Comprehensive Plan; The application submitted for Great Sky Estates Subdivision for a rezone from an (C2) Central Business District to a (R4) Residential District is not in accordance with the Eagle Comprehensive Plan and the requested rezone does not serve the welfare of the general public and is not in the best public interest. Further, the new highway alignment may require a redesigning of the plat submitted to the Commission. The granting of the application may violate the Idaho Code and may nullify the interests or purposes of the Eagle City Code and Eagle Comprehensive Plan, as conditions of approval 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 be denied based on the following: 1. the realignment of Highway 55 and the bypass may change the entrance and design of the subdivision. 2. availability of water have not been adequately addressed 3. any water obtained by the subdivision will be donated to the city if future approval is given. ADOPTED by the Eagle Planning Eagle, Idaho this ~ day of APPROVED: and Zoning Commission of the City of September ""' ,.~....,1~~fu~~~~...:,.. ~~ ~1. .. :,'i' -':. """:", '. " ' ::';' \.' ,,-. .. '"