Findings - PZ - 2016 - Eagle Wing Devleopment rezone - Rezone From R5 To To R16/4-Plexes
4.
CI'l'Y OF EAGLE
IN THE MATTER OF
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AN APPLICATION FOR A
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On September 21, 1992, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, and
Section 8, Eagle City Code, Pat Tealy, representative for the
applicant and William J. Korby, owner of the property, applied for
a rezone from I1R5" Residential-5 units per acre to "R16 "
Residential 16 units per acre for the purpose of establishing 15 4
plexes on 4 acres at a density of 3.75 lots per acre (15 dwelling
uni ts per acre, multi unit complexes) came before the Eagle
Planning and Zoning Commission for the City of Eagle, Idaho,
requesting consideration for said rezone.
Based on testimony from the applicant and all interested parties,
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 the
appropriate public and private entities with responses to the
proposal being received in the City Clerk's office from those
entities, including Eagle Sewer District, Eagle Fire District,
Central District Health, and Ada County Highway District. The
City was advised by said entities that subject to certain
conditions there was no objection to the establishment of the
proposed rezone;
2.
On September 21, 1992 public hearing proceedings were
conducted by the Eagle Planning and Zoning Commission.
Testimony was received in favor and in opposition to the
proposed rezone. Those concerns of the public were:
availabili ty of water, access and egress to the project,
congestion and a concern of lack of facilities and safety for
children within the complexes;
3.
The proposed location for the rezone is bordered to the East,
West and South by an R5 district, to the N by an R5 district
and the Seventh Day Adventist Church;
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive
Plan:
8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS:
R: Residential District: To provide regulations and
districts for various residential neighborhoods. Density
in an R District shall be determined according to the
numeral following the R. The numeral designates the
maximum number of dwelling units per acre. Centralized
water and sewer facilities are required in all districts
exceeding one dwelling unit per acre.
8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS:
Multi family dwelling is a conditional use designation.
The definition of multi-family use, Eagle City Code 8-1-
2, is as follows:
A dwelling consisting of three (3) or more dwelling units
including townhouses and condominiums with varying
arrangements of entrances and party walls. Multi-family
housing may include public housing and industrialized
units.
8-1-1:
Zoning Interpretation and Definitions:
A. No building, structure or land shall be used or
occupied and no building or structure or part thereof
shall be erected, constructed, reconstructed, moved or
structurally altered except in conformity with all of the
regulations herein specified for the district in which it
is located;
B. No building or other structure shall be erected or
altered: 1. to provide greater height or bulk
2. to accommodate or house a greater number of
families
3. to occupy a greater percentage of lot area,
or
4. to have narrower or smaller rear yards,
front yards, side yards or other open spaces
than herein required, or in any other manner
be contrary to the provisions of this Title.
This development is in a residential zone. All building height and
lot area regulations (ECC 8-2-4) must be met. Those requirements
are as follows:
Maximum Height 35 ft
Front yard setback 20 ft
Rear yard setback 25 ft
Side (interior) sb 7 1/2 ft
Side (exterior) sb 20 ft
**5 ft per story setback for multi-story
exceed 3 stores
Maximum lot cov
Minimum Lot cov
40%
6000sq ft
structures, not to
8-3-3-(C): Yards in Multi-Family Dwellings: Multi-family
dwellings shall be considered as one building for the purpose of
determining front, side and rear yard requirements. The entire
group as a unit shall require one front, one rear and two (2) side
yards as specified for dwellings in the appropriate district.
8-10-1 (B) Development Agreements
A. Purpose: Development agreements are a discretionary
tool to be used by the Council as a condition of
rezoning. Development agreements allow a specific
project with a specific use to be developed on property
in an area that is not appropriate for all uses allowed
or conditional in the requested zone.
B. Initiation of Development Agreement:
1. A development agreement may be initiated for the
rezoning of a particular parcel of land or collection of
parcels of land through the following methods:
a. On application by the property owner.
b. On recommendation of the Zoning Administrator
c. On recommendation of the Commission
d. Required by the Council
2. In the event of a determination by the Commission that
a development agreement should be entered into, the
Commission shall retain jurisdiction of the matter, defer
consideration of the rezone applied for and set a time
limit for submittal of the development agreement. The
Commission shall then proceed as specified in this
Section. ( See 8-10-1 )
Performance standards for multi-family, Eagle City Code 8-3-1 as
follows:
Enclosed Trash Areas: All trash and/or garbage
collection areas for commercial, industrial and multi-
family residential uses shall be enclosed on at least
three (3) sides by a solid wall or fence of at least four
feet (4) in height or within an enclosed building or
structure. Adequate vehicular access to and from such
area or areas for collection of trash and/or garbage as
determined by the Administrator shall be provided.
8-4-3 (A): Paving: The required number of parking and
loading spaces as set forth in Section 8-4-5 of this
Chapter, together with driveways, aisles and other
circulation areas, shall be improved with such material
to provide a durable and dust-free surface.
8-4-3(B): Drainage: All parking and loading areas shall
provide for proper drainage of surface water to prevent
the drainage of such water onto adjacent properties or
walkways.
8-4-3(C): Access: Access driveways for parking areas or
loading spaces shall be located in such a way that any
vehicle entering or leaving such area shall be clearly
visible by a pedestrian or motorist approaching the
access or driveway from a public or private street.
8-4-3(D): Maintenance: The owner of property used for
parking and/or loading shall maintain such area in good
condition without holes and free of all dust, trash, and
other debris.
8-4-4-2 DESIGN AND MAINTENANCE
A. Lighting: Any parking area which is intended to be
used during nondaylight hours shall be properly
illuminated to avoid accidents. Any lights used to
illuminate a parking lot shall be so arranged as to
reflect the light away from the adjoining property.
B. Access: Any parking area shall be designed in such
a manner that any vehicle entering the parking area from
or onto a public or private street shall be traveling in
a forward motion.
C. Stripping: All parking areas with a capacity over
twelve (12) vehicles shall be stripped with double lines
(six inches both sides of center) between stalls to
facilitate the movement into and out of the parking
stalls
8-4-5:
SCHEDULE OF PARKING REQUIREMENTS:
Residential: Multi-family dwelling-1 1/2 for each unit
(60 units would require 90 spaces)
F.
Off Street Parking Design and Dimension Tables
CONDITIONS OF APPROVAL
1.
A Development Agreement be executed and in effect.
2. If the intent is to sell individual lots, all setback
regulations will be met for each individual building or developer
will apply for a PUD/CUP.
3. All permits from Central District Health, Eagle Sewer District
& Eagle Fire District, and Ada County Highway District (curb,
gutter and sidewalk) shall be secured prior to issuance of permits.
(Eagle Fire Dist required to approve building plans on commercial
buildings)
4.
All trash areas are to be enclosed
5. Shall meet all Design Review provisions regarding signs.
Landscaping plan must meet the provisions of the Tree Ordinance.
The landscaping plan shall be approved by the Tree/Park Committee
prior to construction.
6. Parking area: shall be paved and shall be maintained in good
condition without holes and free of all dust, trash, weeds and
other debris. (8-4-3)
7. Lighting is required in the parking area and shall be properly
illuminated to avoid accidents. Any lights used to illuminate the
parking lot shall be so arranged as to reflect the light away from
the adjoining property.
8. Access: Any parking area shall be designed in such a manner
that any vehicle leaving or entering the parking area from or onto
a public or private street shall be traveling in a forward motion.
9. Stripping: All parking areas with a capacity over twelve (12)
vehicles shall be stripped with double lines (six inches both sides
of center) between stalls to facilitate the movement into and out
of the parking stalls
10. Off Street Parking Design and Dimension Tables (see attached)
11.
One and one half (1 1/2) parking spaces for each unit.
12. All entrances, exits and restrooms shall be meet handicap code
requirements (UBC)
13. Will have at least a six foot high sight obscuring fence along
the property lines that adjoin a residence (8-3-5.1-2), or a strip
of land not less than 20ft in width planted with dense planting
acceptable by the Tree/Parks Committee.
14. All building plans must be approved by the Eagle Building
Inspector, Fire Dist. and Eagle Sewer District prior to beginning
of project.
CONCLUSION
1.
The Commission concludes that the application for a rezone is
consistent with the intent and purpose of title 8 of the Eagle
City Code and that the proposed rezone advances the public
welfare and that the proposed land use presented and the
interrelationship with the land uses in the surrounding area
justify the granting of a rezone;
6.
The Commission concludes that there is adequate evidence
showing that a rezone at the proposed location satisfies the
general standards for an amendment to the zoning text and
zoning map of the City of Eagle set forth in Section 8-7-5-E
(1 and 2) of the Eagle City Code. Specifically, that the use
will be harmonious with and in accordance with the general
objectives of the Comprehensive Plan and Title 8 and that the
rezone, if the conditions attached to this approval are met,
any development on said property will be adequately served by
essential public facilities and services; and that the
vehicular approaches to the property shall be so designed as
not to create an interference with traffic on State Highway
44;
7.
The application submitted by William J. Korby for a rezone
from R5 to R15 is in accordance with the Comprehensive Plan
and the requested rezone serves the welfare of the general
public and public interest;
8.
The granting of the application will not violate the Idaho
Code nor nullify the interests or purposes of the Eagle City
code or Eagle Comprehensive Plan, with the conditions
recommended by the Eagle Planning and Zoning Commission.
9.
The property is in a residentially zoned district, (R5), multi-
family use is permitted. The current zoning will allow 20
dwelling units, the requested zoning will allow up to 64
units.
RECOMMENDATION
Based upon the foregoing findings of facts the Eagle Planning
and Zoning Commission concludes that the recommendation to
Council for the applicant's request for a rezone should be
granted for the development with a rezone from R5 to R15,
provided a development agreement is executed with the City-of
Eagle, and all Eagle Standard Conditions presented are met.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho this -2- day of October, 1992.
APPROVED:
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LLOYD GERBER
CHAIRMAN, EAGLE PLANNING
AND ZONING COMMISSION
THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation
regarding Eagle Wing Development/Rezone adopted by Eagle Planning
and Zoning on October 5,1992, are hereby adopted by the Eagle City
Council subject to the following modifications:
1. City of Eagle approval of the CC&R's
2. All City of Eagle set back requirements are met
Adopted by the Eagle City Council on the
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