Findings - PZ - 1992 - Subd PUD/CUP/PP - Subd Preliminary Plat/Pud/Cup For Longson Townhomes Subd
. '"
CITY OF EAGLE
IR THE MATTER OF )
LORGSOR TOIOOIOIIBS SUBDIVISIOR )
.All APPLICATIOR FOR A )
SUBDIVISIOR-PUD/CUP PRBLIJURARY)
PLAT
FIRDIRGS OF FACT
.ARD CORCLUSIORS OF
LAW
On December 7, 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, Dave Roylance, Project Engineer
and representative for Larry Van Hees, the applicant, 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, (2) a preliminary planned unit
development plan, and (3) a conditional use permit for said planned
unit development.
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. The City
was advised by said entities that subject to certain
conditions there was no objection to the establishment of the
proposed development. Those concerns of public 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: 1. require installation of address numbers
2. fire apparatus access roads will comply wlArt
10-Div 11, 1991 UFC
3. Fire Flow requirements
4. spacing between hydrants
3.
5. completion of Eagle Water Co. Hydraulic
analysis
6. contingent on report, that adequate water for
fire flows can be provided
Eagle Water Co: Eagle Water Co wlprovide water service to
Longson Townhomes Sub under its rules and regulations as
provided for by IPUC .
EAGLE SEWER DIST: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.
Meridian School Dist: Ltr requesting support for a development
fee statute on new home construction
2.
On December 7, 1992, a public hearing was conducted by the
Eagle Planning and zoning Commission. Testimony was
presented by neighborhood property owners inquiring about
drainage and irrigation in the area and the impact the
development would have.
The applicant testified that the project would have no
drainage impact and would be connected to central sewer and
water. The proposed development will include 2 ACHD dedicated
roads, and will not include any development 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.
6.
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:
EAGhE 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
8-6-4:
8-6-5-1:
8-6-5-4:
8-6-5-5:
Chapter 2, (A)-DESIGN REVIEW, and TITLE 10, CHAPTER 1-
FLOOD CONTROL AND TITLE 9-SUBDIVISION.
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
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 wlo 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 wI 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, Bun 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
8-6-6:
8-6-6-1:
8-6-6-2:
8-6-6-3:
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
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:
9-4-1:
9-4-2-2:
9-5-3-7:
FINAL PLAT PROCEDURES
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)
GUARANTEE OF IMPROVEMENTS
1. PERFORMANCE BOND
2. CASH DEPOSIT
MAINTENANCE REQUIRED
Bagle City Codel
9-5-41
PLARRBD URIT ARC CORDOJURIUX, SUBDIVISIORS 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 shall contain an area as specified in Title
8 of this Code.
B. Private Streetsl Private streets shall be prohibited in any
planned unit and condominium subdivision subject to the provisions
of this Title.
C. Storage Areas I Storage areas shall be provided for the
anticipated need of boats, campers and trailers. For typical
residential developaent, one adequate space shall be provided for
every two (2) living units. This:may be reduced by the City
Council if there is a showing that the needs of a particular
development are less. .
D. Parking Spaces I One additional parking space beyond that which
is required by Title 8 of this Code :may be required for every thr-
(3) dwelling units to accODmlOdate visitor parking.
B. xaintenance Buildingl A :maintenance building shall be provided
of such size and in such location as is suitable for the service
needs that are necessary for the repair and :maintenance of all
cODllDOn areas.
F. OPen Space. The location of open space shall be appropriate to
the development and shall be of such shape and area to be usable
and convenient to the residents of the development.
9-5-4-41 Control During Developaent, Tiae LJ.mitl Single ownership
or control during development shall be required and a tiJDe lillit
:may be imPosed to guarantee the development 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
andlor 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, 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
following:
Public 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
condi tions , 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.
7 .
The Commission continued the hearing until the January 4,1993
hearing in order to give the Commissioners time to study the
plans and to give the developer additional time to answer
8.
9.
concerns regarding water, sewer, density, access to the
western portion of the property and architectural plans.
On January 4, 1993 the hearing resumed. The Commission
concludes that the preliminary development plan is consistent
with the intent and purpose of Title 8 and 9, of the Eagle
City Code, specifically those addressed in this document, and
that the proposed development advances the public welfare and
that the combination of various land uses presented and their
interrelationship with the land uses in the surrounding area
justify deviation from standard land uses in the surrounding
area:
The Commission concludes that there is adequate evidence
showing that a planned unit development use at the proposed
location satisfies the general standards for conditional uses
set forth in Section 8-7-3-2, Eagle City Code. Specifically,
that the use will be harmonious with and in accordance with
the general objectives of the Comprehensive Plan, that the
development, if the conditions attached to this approval are
met, 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 surrounding public roadways.
10.
The application submitted by Larry Van Hees, for Longson Town
Homes Subdivision complies with the requirements set forth in
the Eagle Comprehensive Plan and serves the welfare of the
general public and is in the public interest.
11.
The granting of the application will not violate the Idaho
Code nor nullify the interests or purpoBes of the Eagle City
Code or Eagle Comprehensive Plan, with the conditions
recommended by the Eagle Planning and Zoning Commission:
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 subject to the
following conditions:
. 1.
2.
Compliance with the conditions of approval preBented by
staff:
IncreaBe 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:
permission to use the road to the south for entrance/exit:
Landscape drawings are submitted to the City for approval.
3.
4.
5.
6.
This recommendation shall not be construed as endorsing the precise
location and nature of proposed uses or engineering feasibility.
A final development plan and subdivision plat must be submitted by
the applicant to the Commission and Council proving conformance
with the conditions established herein and providing such
additional information as is required under Sections 8-6-6-3 and 9-
2-4 of the Eagle City Code.
7-92
1.
CITY OF EAGLE
STARDARD CORDITIORS
FOR SUBDIVISIOR APPROVAL
Developer andlor 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 Bpecified 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, gutter and
sidewalk on Eagle Rd. to be installed by the developer.
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)
A.
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 utili ties 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
plat
for
recording,
the
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 andlor 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
delivery of water to those landownere 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 andlor owner shall submit a letter from the
appropriate drainage entity approving the drainage system
andlor 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 bondlagreement 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.
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".
A.
Developer andlor owner shall pay street light inspection
fees on the proposed subdivision prior to signing of the
final plat by the Eagle City Engineer.
Developer andlor 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 andlor 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 andlor 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.
14.
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.
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.
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)
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.
Final engineering report to include a soils engineering
report, final engineering geology report, final hydrology
report, final grading and drainage report, re-vegetation plan
and recommendations for foundation type and design criteria.
ADOPTED by the Eagle Planning and Zoning Commission of the City of
Eagle, Idaho, as corrected, this ~ day of ~ruary , 1993.
APPROVED:
CHAIRMAN LLOYD GERBER
PLANNING AND ZONING
COMMISSION
.. ."
,-
..
"
:/
';'.
~"
~"f' '
..~, :,,'"
" , '
';'¡':'d':~ ,">'
CLERK