Findings - PZ - 1993 - RZ/PP/PUD/CUP - Rezone From A To R8/94 Lots On 13.4 Acres/Duplexes & 4 Plexes
IN THE MATTER OF
AN APPLICATION FOR
LA LUE ACRES
SUBDIVISION, AN
APPLICATION FOR A
REZONE AND
PRELIMINARY PLAT
PUD/cup
BY AJ JONES
CITY OF EAGLE
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
On May 17, June 21, and August 16, 1993, pursuant to public notice
and hearing procedures set forth in Section 67-6509, Idaho State
Code, Chuck Watts and Jim Reese representatives for A.J. Jones, the
applicant, came before the Eagle Planning and zoning Commission,
for the City of Eagle, Idaho, requesting approval for a dual
application consisting of : 1. rezone from A (Agricultural) to RB
(Residential B units per acre: 2. a PUD/cup preliminary subdivision
plat for 94 lots on 13.4 acres (duplexes and four plexes).
The property is located East of Palmetto Ave. at Amanita St.,
Eagle, Idaho.
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. May 17, 1993: The P&Z Commission continued the matter until
such time as proper procedures can be implimented in order to
comply with the notice and procedures code 67-6511. The property
was not posted.
2. June 21, 1993: The P&Z Commission was presented a plat
substantially different than advertised. The plat presented was
changed from the original preliminary plat as outlined above to a
proposal with 76 units at 5.7 units per acre, and additional
changes in the roads. This was brought to the attention of the
Commission prior to the public hearing by the City Clerk.
The Commission discussed the proposal, the traffic, heavy
equipment, ponds and change in the comprehensive plan. In order to
satisfy the recently adopted comprehensive plan the subdivision
would be restricted to approximately 61 units. They expressed
concern about the parking area for the club house and lack of space
for RV' s, boats, etc in the development. They suggested a
Development Agreement be initiated. They voted to approve the
application subject to a legal opinion on the notice and procedures
violation.
3. The City Attorney determined a material change in the plat will
make it necessary to resubmit the application for P&Z consideration
due to the violation of notice procedures Title 67-6509.
PLANNING AND ZONING COMMISSION - August 16, 1993: The Commission
recommended denial of the project based on a violation of density
of the Comprehensive Plan (proposal: R8, comp plan: no more than
R4)
4. August 16, 1993: 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. Those responses are as follows:
Stan McHutchinson, Eagle Engineer:
1. there is no record street or plat names area approved
2. needs details of drainage ditch relocation
3. ACHD's review not included
4. the preliminary plat should show how the existing Amanita and
Monarch St align withe subdivision.
5. public streets are not ordinarily maintained by Homeowners
Associations, would like ACHD to comment on the need to access
State St. wi this development
6. common area facilities, such as clubhouse and tennis courts,
should be shown
7. what is the rear yard setbacks for interior lots? Needs to
show dimensions for front and rear yard setbacks.
8. phasing?
ACHD:
1. recommends the project be redesigned to eliminate the dedication
of the additional 25 ft of right of way for Palmetto. The 5 ft
strip of property will be deeded to the District by Ada County and
the developer may be required to dedicate 5 more ft on the final
plat. This project will extend Palmetto to the S approximately 500
ft towards Highway 44. The District currently has 50 ft of
unimproved right of way from approximately 100 ft S of Amanita to
approximately 600 ft S of Amanita. The right of way shifts 18 ft
to the E and the future roadway will also need to shift to the east
to stay in the existing right of way---It.
2. recommends that a Traffic Impact Study be required because it
has special circumstances deemed by ACHD to warrant an impact
study. The future connection of Palmetto to Highway 44, the
addition of this project to the existing traffic along the street,
and the connection of Palmetto (from the N) to Monarch all combine
to provide potential for greatly increased traffic volumes----.
Palmetto Ave. may need to be build to collector street standards.
Department of Water Resources:
The Stream protection Act requires
a Stream Channel Alteration Permit through DWR. The permits are
required to be submitted sixty (60) days'before the work is
scheduled.
New Dry Creek Ditch Co, Ltd: The N boundary of this proposed
development is adjacent to the NDCDC' s delivery canal. They
specifically request that the canal and access road be fenced off
from this development. The city has required some new developments
to use irrigation canal access roads as a public greenbelt. This
is inconvenient at best and in most cases dangerous. It is critical
that the water be delivered in the most efficient and cost
effective method. They cannot have children, bicycles, etc using
the narrow canal. The canal is burned each spring and twice a year
potent herbicide is injected into the water to kill grass and moss.
No landscaping will be allowed, no adjustments to the physical
configuration of the canal or access will be allowed. Special care
must be taken with drainage and no full basement homes should be
built near the canal. (this is a synopsis of the letter on file)
Central District Health: After written approval from appropriate
entities are submitted can approve this for central sewage, central
water, community water well. Plans must be submitted to and
approved by the Idaho Dept of Health and Welfare. Street runoff is
not to create a mosquito breeding problem.
Eagle Sewer District: Is within the Eagle Sewer District Planning
area, but has not received any sewer construction plans for this
development. Will reserve final comments until a review of the
proposed sewer service plans have been submitted.
Ada County Engineer:
rejects the name "Autumwood".
Eagle Fire Dist:
1. Install address numbers on every building, house or apartment,
so as to be clearly visible from the street. Numbers shall be a
minimum of 3.50" high
2. Fire apparatus access roads shall comply wi Art. 10, Div 11,
1991 UFC
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 st 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
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.
4. Fire hydrant location # determined by the fire department
Eagle Water Co: will provide water service under its rules &
regulations as provided for by the Idaho Public Utilities
Commission.
Drainage District #2: objects to the development as developer has
failed to provide drainage plans which must show an exclusive 100
foot drainage easement and type of drainage that is proposed.
There needs to be an agreement with the district and paYment of the
costs and fees.
Meridian School Dist: This planned development will accelerate the
need for Joint School Dist. #2 to construct additional classrooms
and adjust school attendance boundaries. The District asked for
support in a development fee statute on new home construction. If
this support is lacking they ask that additional residential
development be denied.
ITD: Requests a traffic study to determine if any improvements are
needed at the interesection of SH44 and Palmetto.
5. Testimony at the public hearing proceedings were received by
the Eagle Planning and Zoning Commission. Testimony in favor
and opposing the project was received. WRITTEN COMMENTS: Petition
received with 34 signatures opposing the development.
6. Concerns of the public: The public objected to the
possibility of construction vehicles using Monarch or Amanita
Street to access LaRue Acres. The design with walls, fences and
berms is not compatible with the existing neighborhood, and will
have a detrimental impact on the community and values of homes.
Other concerns were with the water in the area and traffic
generated by this subdivision and the extension of Palmetto to
State St. They also objected to the violation of the new
comprehensive plan in which the area is designated Medium density,
4 units or less.
7. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
Eagle City Code: 8-3-1
PERFORMANCE STANDARDS:
Enclosed Trash Areas: All trash and lor 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 lor garbage as determined by the
Administrator shall be provided.
Note: Since this development is designed for single family homes
arranged in duplexes and four plexes there may be an option for
individual trash dispersement rather than a collection area.
8-3-3(A): Visibility at intersections: On a corner lot in any
district, nothing shall be erected, placed, planted or allowed to
grow in such a manner as to materially impede vision between a
height of two and one half and ten ft (2 1/2 and 10 ft) above the
center line grades of the intersecting streets in the area bounded
by the right-of-way lines of such corner lots and a line joining
points along said street right-of-way lines twenty five feet(25ft)
from the point of intersection.
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
andlor loading shall maintain such area in good condition without
holes and free of all dust, trash, and other debris.
Eagle City Code: 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
F.
Off Street Parking Design and Dimension Tables (see attached)
8-4-5:
SCHEDULE OF PARKING REQUIREMENTS:
Residential:
Single family-2 parking spaces
Outdoor swimming pool, public or community or club: 1 parking space
for each 5 persons'capacity, plus 1 for each 4 seats or 1 for each
30 sq. ft. floor area used for seating purposes whichever is
greater.
Auditoriums, sports arenas, theaters and similar uses: 1 parking
space for each 4 seats
Eagle Comprehensive Plan
Page 1: Purpose and Scope
( f ) To encourage urban and urban-type de'relopment wi thin the
incorporated City limits of Eagle.
(h) To ensure that the development of land is commensurate with the
physical characteristics of the land.
Page 8-9:Transportation
(8) Require new development to provide areas for pedestrian and
bicycle circulation where possible.
(12) Developers of property located adjacent to arterial highways
and State St., should be responsible for providing means for
internal traffic circulation and assuring access to adjacent
properties through the use of such devices as frontage or collector
roads, clustering of development activities, shared access,
setbacks for future rights-of-way, and provisions for turn bays,
turn lanes and curb cuts.
8-6:
PLANNED UNIT DEVELOPMENTS:
8-G-1: PURPOSE: It shall be the policy to guide a major
development of land and construction by encouraging planned unit
development (PUD) to achieve the following:
A. A maximum choice of living environments by allowing a variety
of housing and building types and permitting an increased density
per acre and a reduction in lot dimensions, yards, building
setbacks and area requirements:
B. A more useful pattern of open space and recreation areas and,
if permitted as part of the project, more convenience in the
location of accessory commercial uses, industrial uses and
services:
C. A development pattern which preserves and utilizes natural
topography and geologic features, scenic vistas, trees and other
vegetation and prevents the disruption of natural drainage
patterns:
D. A more efficient use of land than is generally achieved through
conventional development resulting in substantial savings through
shorter utilities and streets: and
E. A development pattern in harmony with land use
transportation and community facilities objectives
Comprehensive Plan.
density,
of the
8-G-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-G-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:
8-6-5-1:
8-G-5-2:
8-G-5-4:
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
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:
A. THAT THE USES ARE APPROPRIATE WITH THE RESIDENTIAL
USES
B. 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.
COMMON OPEN SPACE:
A. Required Common Open Space: A minimum of 10% of the
gross land area developed in any residential PUD project
shall be reserved for common open space and recreational
facilities
B. Dedication of land for Public Use:
C. Maintenance: specified
D. Clustering: every property developed under the PUD
approach should be designed to abut upon common open
space or similar areas. A clustering of dwellings is
encouraged.
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:
8-6-5-5:
8-6-6:
8-6-6-1:
8-6-6-2:
8-6-6-3:
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 conditionals 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:
1-7:
",aý
FINAL PLAT PROCEDURES
REQUIRED IMPROVEMENTS, THE FOLLOWING ARE ONLY A PORTION
OF THE CODE:
1. STREET LIGHTS
2. SIDEWALKS AND PEDESTRIAN WALKWAYS
3. WATER SUPPLY AND SEWER SYSTEMS
4. STORM DRAINS
5. FIRE HYDRANTS
6. GREENBEL~ AREAS
GUARANTEE OF IMPROVEMENTS
1. PERFORMANCE BOND
2. CASH DEPOSIT
MAINTENANCE REQUIRED
City Code:
PLANNED UNIT AND CONDOMINIUM, SUBDIVISIONS:
9-5-4-1: Application of Provisions: In addition to the
requirements of this Chapter, planned uhit 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.
9-5-4-3:
Site and Structure Requirements:
A. Minimum Area: A PUD shall contain an area as specified in Title
8 of this Code.
B. Private Streets: Private streets shall be prohibited in any
planned unit and condominium subdivision subject to the provisions
of this Title.
C. Storage Areas: Storage areas shall be provided for the
anticipate need of boats, campers and trailers. For typical
residential development, 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: One additional parking space beyond that which
is required in Title 8 of this Code may be required for every three
(3) dwelling units to accommodate visitor parking.
E. Maintenance Building: 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
common 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.
9~5-4-4: Control During Development, Time Limit: Single ownership
or control during development shall be required and a time limit
may be imposed to guarantee the development is built and
constructed as planned.
CONCLUSION
The Commission concludes that the rezone from A to R8 is
inconsistent with the intent and purpose of the 1993 Eagle
Comprehensive Plan.
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 rezone and puclCUP
preliminary plat be denied.
DATED this
13
day of
August, 1993
CHAIR KEN
PLANNING AND
COMMISSION
ITY CI,ERK
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