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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 ) ) ) ) ) ) ) ) ) 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 ...~ .,- 0, '" :; ø I. : "{o: .: .. .. .- .- <$,.,5 ~. "¿ . ... . ,". ..