Loading...
Findings - PZ - 1995 - Aerie Preliminary Plat & CUP - 6 Residential Lots/4 Units Per Lot&1 Common Lot CITY OF EAGLE IN THE MATTER OF ) AN APPLICATION FOR ) AERIE SUBDIVISION.) PRELIMINARY PLAT & CUP BY ) JOHN BROWNING AND ) JOHN BADIOLA ) FINDINGS OF FACT & CONCLUSIONS OF LAW On September 11, 1995, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, John Browning, the applicant, Brian Smith of Pinnacle 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 and Conditional Use Permit. This subdivision is located on Lot 32 Block 1 of Grossman subdivision near the intersection of State Street and Edgewood Lane in Eagle Idaho. The applications for preliminary plat (a re- subdivision of an existing lot) and conditional use permit for 24 units on 1.08 acres for a gross density of 22.2 dwellings per acre in a C2 zoning district. The subdivision application is proposed as 6 residential lots (4 units per lot) and one common lot. 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 September 11, 1995, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was presented by neighborhood property owners. Testimony: Opposed:John Grimstead, Allen Barta, Mike Kidder. In favor: Terry Walker Concerns of the public: 1. Not in keeping with the Comprehensive Plan, the plan must be amended and there must be a benefit to the public. 2. Too high density mixed with medium density 3. Too much additional traffic 4. Not enough parking spaces 5. Lack of common area for children to play 6. Sewer and water questions are not answered. 7. Lower values of adjacent property 8. A change in density in the neighborhood 2. Written Testimony was received from: 1 Dennis and Nancy Bragdon, 1519 E. Bishop Dr.; opposed, high density, overcrowding of schools, too many zones in a small area. Richard and Terri Walker, 1545 E. Bishop Dr; opposed, lowering the quality of life, services can't keep up, inadequate parking, commercial property should be used as commercial, not high density residential. Gary and Mary McCoy, 1481 E. Bogey Dr.; opposed, detrimental to surrounding neighborhood. steven and Becky Petersen, 1424 E. Bogey Drive; opposed, traffic, lower quality of life, lowered property values, overload on parks, schools and streets. Petition signed by 84 Eagle residents, mostly from the immediate neighborhood. "We are concerned citizens of Eagle who are opposed to the proposed development of 24 condominiums in the area of 1.08 acres, 1/8 mile north of state street on the west side of Edgewood Lane, Lot 3, Block 1, Grossman Subdivision. We urge the city not to approve such a development." 3. The applicant presented the project to the Commissioners and pictures were distributed to the Commission. Mr. Browning stated that each unit will have a garage and parking spaces. The density will be 22.2 units to the acre. This development would generate 144 trips per day according to ACHD, less than a commercial use. This project lends itself to older retired people or young couples. 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 recei ved in the City Clerk's office from those entities. Those responses are as follows: RESPONSES RECEIVED FROM ENTITIES Ada County Assessor's Office: The legal description is unsatisfactory. The description does not close, There is an 8' difference between the 2 maps submitted. Eagle Fire District: 9/5/95, Before the development plans are approved, the following conditions shall be met: 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 2 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-l-, 1991 UFC Eagle Sewer District: 8/22/95, "The property identified as Aerie Condominiums Subdivision is within Eagle Sewer District's Planning Area, and has been annexed into our service boundaries. There is a 15" sewer line in the west right-of-way of Edgewood Lane and in the north right-of-was of State Street. Either of these lines could serve the proposed condominiums. Until Eagle Sewer District resolved our expansion problem with Ada County.....actual sewer service will remain on a first come, first served basis." Central District Health: 8/23/95, "After written approval from appropriate entities are submitted, we can approve this proposal for central sewage. 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." Stormwater management recommendation guidelines were also attached. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: OUTLINE OF CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT A. Uses allowable with conditions and subj ect to ability of political subdivisions to provide services. B. Notice procedures apply (ISC 67-6509) C. Can be tied to ability of political subdivisions to provide services. Sequence, timing, duration, maintenance; can require site-specific conditions. D. May require that studies be conducted E. Transferable from owner but not from parcel. PRACTICAL POINTERS The special use permit procedure allows a zoning ordinance to address uses which are conditionally acceptable in the midst of a land use zone. The special use procedure allows the application of special conditions to development of uses which would allow them to integrate suitably with their surroundings By including the 3 conditions which are susceptible to special use approval, a permit applicant is put on notice of what design features should be considered and might be applied as conditions. Some of those considerations might be restrictions on lighting, landscaping requirements, limits on building height or placement, design considerations. It may be appropriate to require applicants for a special use permit to conduct special studies and to provide additional analysis beyond that normally required of a permit applicant before a permit can be favorably considered. Special use permits do not create binding precedent are very site specific in that certain uses can be integrated suitably into certain sites better than others. Accordingly, special use permits are not transferable from one site to another, but do continue from one owner to another. Special use permits can b implemented to time certain, or within a certain time frame. EAGLE CITY CODE: 8-7-3-2: GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this Title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this Title; C. Will be designed constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existent or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer an schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. will not create excessive additional requirements at public cost for public facilities and services and will not b detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to 4 any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-7-3-3 Public Sites following: and open spaces: shall conform to the A. Public Uses B. Natural Features C. Special Developments 8-7-3-4: Supplementary conditions and safeguards: In granting and CUP the Council may prescribe appropriate conditions, bonds and safeguards in conformity with this Title. Violations of such conditions, bonds or safeguards, when made a part of the terms under which the CUP is granted, shall be deemed a violation of this Title. 8-7-3-5: CONDITIONAL USE PERMITS 8-7-3-5-C-2: Upon granting or denying a CUP specify: a. the ordinance and standards used in evaluating the application; b. the reasons for approval or denial; and c. the actions, if any, that the applicant could take to obtain a permit. 8-7-3-5-D: Conditions of permit: Upon granting of a CUP conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on site or off site public facilities or service; and 7. Requiring more restrictive standards than those generally required in this Title 8-7-3-5-E: TRANSFER OF PERMIT: A CUP is not transferrable from one parcel to another. (D) A CUP shall not be considered as establishing a binding precedent to grant other CUP. COMMUNITY DESIGN: Comply with the Eagle Tree Plan 5 CONCLUSION The Commission concludes that the application for Aerie Subdivision and Conditional Use Permit is not consistent with the intent and purpose of the Eagle Comprehensive Plan and Eagle City Codes, specifically that the proposed density is not consistent or compatible with neighboring uses. 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 and Conditional Use Permit for Aerie Subdivision be denied. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of October, 1995. APPROVED: ATTEST: Bert Bradley Planning and Zoning Commission Barbara Montgomery City of Eagle THE FINDINGS OF FACT AND CONCLUSIONS OF LAW, and recommendation regarding the Conditional Use Permit, and the preliminary plat presented for adopted by the Eagle Planning and Zoning on October 2, 1995, are hereby adopted by the Eagle City Council: DATED this Approve: 14th day of November, ~a:rpq.~a (¿.i ty'.of <' " " '<j" ' ~<g,;, ";"t ,. :.,"",-, ~~Q£2 Steve Guerber, Mayor City of Eagle 6