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Findings - CC - 1993 - PP/PUD/CUP - Subd Pp/Pud/Cup Townhome Project 29 Single Family b, CITY OF EAGLE IN THE MATTER OP LONGSON TONRHOIŒS AR APPLICATION FOR A SUBDIVISION PRBLIXINARY PLAT, PUD/cup ARD FLOODPLAIN ) ) ) ) ) FIRDINGS OF FACT ARD CONCLUSIONS OF LAW On February 23, 1993, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Sections 8 and 9, Eagle City Code, Dave Roylance, Project Engineer and, representative for the project, Longson Townhomes, came before the Eagle City Council for the City of Eagle, Idaho, requesting approval of a consolidated application for a (1) Subdivision Preliminary plat, (2) a Planned Unit Development and (3) a Conditional Use Permit. The Eagle City Council continued the hearing until March 9, 1993. The townhome project includes 29 single family attached townhomes (duplexes, triplexes and four plexes) on five (5) acres. This is a phased,S year project in the R5 (Residential 5 units per acre) District. That portion of the project in the floodplain will be open space and park area only. Based on the application, testimony from the applicant and all interested parties, including written testimony received and into record, together with all documentary evidence submitted concerning the application, the Eagle City Council 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, Ada County Highway District, Meridian School District, Eagle Water Co., Eagle Fire Dept., Idaho Power, Ada County Development Services and others. Responses from those entities are as follows: CENTRAL DISTRICT HEALTH: With approval from appropriate entities can approve for central sewer and water. Must gain approval of DEQ. Street runoff must not create a mosquito breeding problem EAGLE FIRE DEPT: Conditions of approval: 1. install address # 2. fire apparatus access rds will comply w/ Art 10-Div11" 1991 UFC 3. Fire Flow requirements must be met 4. spacing between hydrants 2. 5. completion of Eagle Water Co. Hydraulic analysis 6. contingent on report, that adequate water for fire flows can be provided EAGLE FIRE DEPT: 2/26/93: Require 3 hydrants, 1500 GPM water supply for fire dept, no on street parking except for marked spots, marking or identification on each cluster of buildings for identification ease. EAGLE WATER CO: Eagle Water Co. w/provide water service to Longson Townhomes under its rules and regulations as provided for by IPUC EAGLE SEWER DIST: 11/19/92:in Eagle Sewer District's Planning Area, but has not been annexed. There are no sewer lines in the area and sewer line on Eagle Rd is approaching capacity, will not accept 31 new units from the w side of Eagle Rd into the line. The project will need to be served via the "Dry Creek line." MERIDIAN SCHOOL DIST: Request support for a development fee statute on new home construction ACHD: 2/12/93: references "private streets", 2/22/93: additional letter contains 7 conditions of approval. The letters are included in the Longson Townhome Subdivsion file. DRAINAGE DIST #2: no objections to the project U.S. WEST: requires blanket easement in common areas On December 7, 1992, a public hearing was conducted by the Eagle Planning and Zoning Commission. Testimony was limited to inquiries from neighborhood property owners but there was no opposition to the project. Concerns were drainage and irrigation rights in the area, and the impact the development may have in the area. 3. The representative testified that the project would have no drainage impact and would be connected to central sewer and water. The proposed development will have 29 units rather than 31. The roadway throughout the project will be parking area with one entrance/exit on Eagle Road and the other on the road to the South of the project, now owned by the Methodist Church. This road will be brought up to ACHD standards, but it may not be possible to come to an agreement with the Methodist Church and ACHD. If there is no agreement they will submit the final plat with 2 entrances and exits on Eagle Road. Those entrances / exi ts have been approved by ACHD. This development will not include any building in the portion of the property in the floodplain. The townhomes will be sold individually and the common areas owned and operated by the homeowners association. All lots will meet the setback regulations. The proposed project provides for 2 story units and the rim lots will provide garages under the homes. 4. The development is bordered to the E. by Eagle Rd. and River Stone Subdivision, W. and N. by an R5 district, and south by R5, The United Eagle Methodist Church. P&Z RECOMMENDATION: 12/7/92: to continue until the meeting of January 4,1993 in order to give the P&Z Commissioners time to study plans and be provided answers on water and sewer, access on the eastern road, density and view an architectural plan of the entire development. 5. 6. P&Z RECOMMENDATION 1/4/93: following conditions: to recommend approval with the A. B. Compliance with the conditions of approval presented by staff; Increase the density of the project to no more than 15% in accordance with code; Construct a central water system dedicated to the City of Eagle; Compliance with Sewer requirements; Obtain permission to use the road to the south for entrance/exit; Landscape drawing are submitted to the City for approval. C. D. E. F. 6. The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: Eagle Comprehensive Plan: Purpose and Scope: (a) to protect property rights and enhance property values, (f) to encourage urban and urban-type development within the incorporated City limits of Eagle (g) to avoid undue concentration of population and overcrowding of land, (h) to ensure the development of land is commensurate with the physical characteristics of the land. Parks, Recreation and Open Space: 1. Create ample areas and facilities for our citizen's diverse indoor and outdoor park and recreational interests, 2. to encourage development of parks and recreational programs which meet the different needs, interest, and age levels of our citizens who reside in both the rural and urban areas, 3. Set aside for enjoyment adequate amounts of open space --- 4. Developers shall be encouraged to dedicate and develop areas for parks or tot lots in new residential developments. Transportation: Transportation and land use planning must be compatible. The City of Eagle is responsible for land use and transportation planning within the Eagle Impact Area. The Eagle Planning and Zoning Commission shall coordinate with the appropriate transportation network planning agency for all planned development that falls outside the authority of the City. Housing: 1. A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouraged for all income groups in a variety of locations suitable for residential development. 2. The location of all housing shall be coordinated with provisions for adequate public facilities and services. 3. Development of housing for all income groups close to employment and shopping centers shall be encouraged, 4. Housing shall be encouraged which is in accordance with local building codes and provides for energy saving design,S. An open housing market shall be encouraged for all persons regardless of income, race, age, sex, religion or ethnic background, 6. The use of materials and techniques that will maintain a high level of quality while lowering cost and speeding construction shall be encouraged. Land Use: policies and Goals (1) The residential densities in the City limits shall not exceed twenty-five (25) units per acre. The proposal for this subdivision is based on the housing needs of the City of Eagle. The City of Eagle has many residential areas with larger lot sizes not economically accessible to the needs of some. This subdivision lends itself to those families that would benefit by a subdivision developed with townhome living in mind. Eagle City Code: Title 6, Chapter 5: Review of landscaping plans for entrances to subdivisions EAGLE CITY CODE REFERENCES: 8-6: PLANNED UNIT DEVELOPMENTS: 8-6-1: Purpose: 8-6-2-A: Whenever there is a conflict between the provisions of this chapter and those of the other chapters of this Title the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this Title. 8-6-2-B: PUD's are also subject to requirements set forth in Chapter 2, (A)-DESIGN REVIEW, and TITLE 10, CHAPTER 1- FLOOD CONTROL AND TITLE 9-SUBDIVISION. 8-6-4: USES PERMITTED: All uses that may be allowed within the Land Use District are permitted within a PUD. Also, up to 10 percent ( 10%) of the gross land area may be 8-6-5-1: 8-6-5-4: 8-6-5-5: 8-6-6: directed to other commercial, industrial, public and quasipublic uses that are not allowed within the LAND USE DISTRICT. The following findings must be made by Council: 1. THAT THE USES ARE APPROPRIATE WITH THE RESIDENTIAL USES 2. THAT THE USES ARE INTENDED TO SERVE PRINCIPALLY THE RESIDENTS OF THE PUD C. THAT THE USES ARE PLANNED AS AN INTEGRAL PART OF THE PUD D. THAT THE USES BE LOCATED AND SO DESIGNATED AS TO PROVIDE DIRECT ACCESS TO A COLLECTOR OR AN ARTERIAL STREET W/O CREATING CONGESTION OR TRAFFIC HAZARDS E. THAT A MINIMUM OF 50% OF THE RESIDENTIAL DEVELOPMENT OCCUR PRIOR TO THE DEVELOPMENT OF THE RELATED COMMERCIAL OR INDUSTRIAL LAND USES. MINIMUM AREA: 3 acres residential,S acres residential use w/ subordinate commercial, 10 acres for commercial use. INCREASED RESIDENTIAL DENSITY: to provide for an incentive for quality PUD, the Council may authorize an increased residential density of up to 15% of the allowable number of dwelling units. Character, identity and architectural and siting variation incorporated in a development shall be considered cause for density increases, provided these factors make up a substantial contribution to the objectives of the PUD, which are as follows: A. landscaping (maximum increase of 5%), streetscape, open spaces and plazas, use of existing landscaping, pedestrian way treatment and recreational areas; B. Siting (maximum increase of 5%), visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and C. Design features (a maximum increase of 5%), street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. ARRANGEMENT OF COMMERCIAL USES PROCEDURE FOR APPROVAL: When the PUD also qualifies as a subdivision, the processing of the conditional use permit and subdivision application shall occur at the same time. The granting of a conditional use permit for a PUD shall require a pre-application, the submission of a preliminary development plan and approval by the 8-6-6-1: 8-6-6-2: 8-6-6-3: Council of a final development plan as specified within this Title. PRE APPLICATION MEETING PRELIMINARY DEVELOPMENT PLAN FINAL DEVELOPMENT PLAN TITLE 9-SUBDIVISIONS PRELIMINARY PLAT PROCEDURES 9-2-3: 9-2-4: 9-3-7: FINAL PLAT PROCEDURES 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 9-5-3-7: 9-5-41 a. Performance bond b. Cash deposit MAINTENANCE REQUIRED PLARlŒD UNIT ARD COROOKINIUX, SUBDIVISIONS I 9-5-4-11 Application of Provisions I In addition to the requirements of this Chapter, planned unit and condominium developments shall also be subject to requirements set forth in the Title 8; Title 10 and Title 8, Chapter 2, Article A (DR Design Review Overlay District) of this Code. 9-5-4-31 Site and Structure Requirementsl A. Minimum Areal A PUD øhall contain an area aø specified in Title 8 of this Code. B. Private Streetsl Private øtreetø øhall be prohibited in any planned unit and condominium øubdivision øubject to the provisions of this Title. C. Storage Areaø I Storage areaø øhall be provided for the anticipated need of boatø, camperø and trailerø. por typical reøidential developaent, one adequate space øhall be provided for every two (2) living units. Thiø may be reduced by the City Council if there iø a øhowing that the needs of a particular developaent are leøø. D. Parking Spaceøl One additional parking space beyond that which is required by Title 8 of this Code may be required for every three (3) dwelling units to accO8lOdate viøitor parking. B. Maintenance Building I A maintenance building shall be provided of such size and in øuch location aø iø øuitable for the service needs that are neceøøary for the repair and maintenance of all common areas. F. Open Space. The location of open øpace shall be appropriate to the developaent and øhall be of such øhape and area to be usable and convenient to the residents of the development. 9-5-4-41 Control During Developaent, TilDe Limitl Single ownership or control during developaent øhall be required and a tilDe limit may be imposed to guarantee the develoJ:8IØnt is buil t and constructed as planned. CONDITIONAL USE REFERENCES: 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 and 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 be 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 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 J. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. 8-7-3-3 Public following: Sites 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 any 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. CONCLUSION Based upon the foregoing FINDINGS OF FACTS AND CONCLUSIONS OF LAW, the Eagle City Council concludes the following: 1. The application submitted for a subdivision preliminary plat approval, PUD/CUP is in accordance with the Land Use Section of the Eagle Comprehensive Plan and described in ECC 8-2-1. The requested use of the land serves the welfare of the general public and is in the best public interest. 2. The granting of the application for a preliminary plat subdivsion PUD/cup does not violate or nullify the interests or purposes of the Eagle Comprehensive Plan as outlined above. The Comprehensive Plan is a policy document intended to be used as a guide. It should be followed as closely, as reason, justice and its own general character make it practical and possible. The Comprehensive Plan is not a precise plan and does not show nor intend to show the exact outline of use districts. It shows, rather, the general location, character and extent of land use patterns. 3. The application submitted by Longson Townhome Subdivision, PUD/CUP is in accordance with the Purpose and Scope, Parks and Recreation, Transportation, Housing and Public Services, Facilities and Utilities Sections of the Eagle Comprehensive Plan. 4. The granting of the application for a preliminary plat for said subdivision does not violate the Idaho Code nor nullify the interests or purposes of the Eagle City Code, specifically: Title 9-3-1 Design Standards 9-3-7: Planting strips and reserve strips standards: A condition of approval is berming of at least a four foot high sight obscuring berm along Eagle Road and the S land adjacent to the property. Title 6: Landscaping for Entrances to Subdivisions: with the Committee recommendations. Compliance Title 9-4-1: Required Improvements: a. Street lights b. Sidewalks and pedestrian walkways c. Water supply and sewer systems d. Storm drains e. Fire hydrants f. Pathways 9-4-1-9: Water supply and sewer systems 6. Other conditions of approval are as follows: 1. 2. 3. 4. 5. all City Standard Subdivision conditions met; to allow 29 units, rounding off the 28.75 allowable in an R5 district, to 29; that the development is served by a central water system and all sewer district requirements be met; obtain ACHD permission to use the road to the South for the subdivision entrance/exit. If it is not possible to make this road an ACHD road, to create the entrance/exit on Eagle Rd instead. to obtain the approval of the Tree/Park Committee on the entrance to the subdivision. The City of Eagle Standard Subdivision Conditions are as follows: 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.) If it is determined access is not a public street, curb, qutter and sidewalk on Eagle Road to be installed by the developer. 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. 2. 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 submitting the final for recording, the plat to 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 tile or other like satisfactory underground conduit to permit the 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 of 10. 11. 12. 13. 14. 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". 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/or 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. A. 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. The developer shall comply with the provisions of the Eagle City Code, pertaining to floodplain regulations prior to submitting the final plat for signature by the City Engineer. 15. Should the homeowner's association be responsible for the 16. 17. 18. 19. 20. 21. 22. 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 by the City of Eagle. " Wet line sewers are required and the developer shall furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to signing of the final plat by the City Engineer (B.C.C. 9-20- 8.4) 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 by 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. The developer shall obtain approval of the development relative to its effects on wetlands or other natural waterways from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to signing of the final plat by the 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 archi tectural significance. (if applicable) The City Parks Committee shall review and approve or reject all landscaping applications required to be submitted for the development of parks and landscaped areas and planting of street trees, and shall oversee such development and planting for the welfare of trees, shrubs and other vegetation to all entrances to subdivisions. A developer may either construct improvements before filing of the final plat or to provide a financial guarantee of performance by a performance bond in the amount of 110% of the total estimated cost for completing construction. Financial guarantee can also be a cash deposit, certified check, negotiable bond or bank letter of credit. Based on the foregoing findings the Eagle City Council approves the application for the preliminary plat submitted on behalf Longson Townhomes Subdivision, PUD/CUP. ADOPTED by r 23 day of City Council of the City of Eagle, Idaho this , 1993. CITY OF