Findings - PZ - 1993 - Bosanka Village/PP/PUD/CUP/RZ - Rz From R5 To R15/Pud Consist Of 4 Lots/385 W State St.
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
BOSANKA VILLAGB AN
APPLICATION FOR A
SUBDIVISION,
PRELIMINARY PLAT,
PUD/CUP, ARC REZONE
BY JIARK &: NICK GUHO
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FINDINGS OF FACTS
ARC
CONCLUSIONS OF LAW
On May 24, 1993, pursuant to public notice and hearing procedures
set forth in Section 67-6509, Idaho State Code, Mark Guho, the
applicant, came before the Eagle Planning and Zoning Commission,
for the City of Eagle, Idaho, requesting approval for a subdivision
preliminary plat, Planned Unit Development, Conditional Use Permit
and rezone from R5 (Residential 5 units per acre) to R15
(Residential 15 units per acre). The PUD will consist of a four (4)
lot subdivision. Lot 1, 27,6700 sq. ft. on 1.85 acres, a depth of
230 ft., is located adjacent to State St. and is currently zoned C2
(General Business District). This lot will remain commercial. The
remaining 3 lots will become lots designed for approximately 112
apartment units, comprising of 1 and 2 bedroom units, on 7.5 acres.
This is a phased project, over a 36 month period. Amenities in
this project include gazebo, arbors, paddle tennis court, barbecues
club house, laundry, play areas and RV storage. This project is
located at 385 W. State Street, approximately 1200 ft. west of
Eagle Road on the south side of the road.
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. 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:
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.
ADA COUNTY ASSESSOR:
The name Bosanka is ac~epted.
EAGLE FIRE DIST: 1. Fire flow required as per Table No. A-III-A-l.
(The fire flow requirements increase with more flammable building
types. )
2. Fire hydrant numbers and distribution as specified by fire
department. Table No. A-III-B-1. (Hydrant locations have been
indicated on fire departments set of plans)
3. Require a fire access road around the commercial building, or
provide a turnaround at the east end of the road behind the
commercial building. (the road is longer that 150 feet) Sec.
10.203. No parking allowed on fire access roads - minimum 20 ft.
width.
4. Access road turning radius needs rounded off to allow for Eagle
Fire Departments longest truck to make the turn. Sec. 10.204 (c).
5. Landscaping should not allow evergreen trees & bushes to be
planted near the buildings.
6. Non-combustible roofs.
EAGLE WATER CO: will provide water service under its rules &
regulations as provided for by the Idaho Public Utilities
Commission.
EAGLE SEWER DIST: Within the Eagle Sewer District Planning area
and has been annexed into taxing boundaries. This was part of the
LID District and assessments paid in full. The District has had
only preliminary contact with the developers.
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: 5/14: After review of the proposal and vicinity map there are
concerns about the alignment of Cobblestone Ln and the access road
into Bosanka Village. Since Lot 1 is a commercial lot and
depending on the traffic volume a traffic signal may be warranted
in the future. If there is no alignment with Cobblestone Ln. or
not sufficient distance between them, a traffic problem could
arise. The developers will have to apply for a commercial approach
permit and need to contact Ed Pettinger at the State of Idaho
Transportation Dept.
ACHD: 5/24/93: letter attached. They need to comply with
requirements of ITD for the State Highway 44 frontage and provide
written approval from the appropriate irrigation/drainage district
for runoff.
2. The Planning and Zoning Commission on May 24, 1993 expressed
concerns about the turn a round area for emergency vehicle access,
landscaping on the southern border of the subdivision where the
bypass will be, lack of sufficient playground areas, setbacks to
the RV part of the project, a "safe" walk for children in the area,
only one access. Other concerns were the subdivision may not meet
the criteria of ECC 8-6-4 B.C.... USES PERMITTED: All uses that may
be allowed within the land use district are permitted within a PUD.
Also, up to 10% of the gross land area may be directed to other
commercial, industrial, public and quasi-public uses that are not
allowed within the land use district; provided, that there is a
favorable findings by the Council:
A. That the uses are appropriate with the residential uses:
B. That the uses are intended to service principally the residents
of the PUD
C. That the uses are planned as an integral part of the PUD ---
The commercial portion of this project does not appear to be part
of the project. The C2 zoning already exists and is not a integral
part of the PUD.
3. Testimony at the public hearing proceedings were received by
the Eagle Planning and Zoning Commission. Testimony in favor
and opposing the project was received.
Concerns of the public included: The quality of life will be
diminished as this does not lend itself to a country atmosphere, it
is to dense a project, and will create a congested neighborhood,
family problems in an apartment atmosphere and a need to increase
law enforcement. It will only add to the traffic impact problems.
Any development in this area should be contingent on the bypass
being completed to eliminate the traffic problem.
4. The Commission continued the matter until June
basis that the Commission needs to review the
project, and clarification needs to be submitted
fire protection, sewer and water requirements.
requested an outline of the density per lot and
within those lots from the developer.
7, 1993, on the
layout of the
to the City on
The Commission
parking spaces
5. The Planning and Zoning Commission met again on June 7, 1993.
Mark Guho, an owner in the project outlined the project to the
Commission. Mr. Guho advised the Commission he intends to comply
with ITD and will construct curbs, gutters, and sidewalks on the
State St. portion of the project.
The Commissioners expressed concerned about the traffic problem and
requested Mr. Guho to furnish the City with a traffic impact study
and consent to purchase a traffic light on State St. when it is
needed. They were also concerned about the validity of this
application as a PUD and questioned whether this project complies
with code (8-6-4) in that the commercial zoning has been
established in the area prior to the application and is therefore
not a part of the PUD. Section 8-6-4.B, C & D read as follows:
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 designed as to provide direct
access to a collector or an arterial str~et without creating
congestion or traffic hazards.
The code also demands that a minimum of 50% of the residential
development occur prior to the commercial development. Mr. Guho
indicated that the project will be phased over 5 years and the
commercial will be initiated in the final phases.
6. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
Eagle City Code:
8-61
PLAlOIBD UNIT DBVBLOPJlBRTS 1
8-6-11 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 1
A. A maximum choice of living environments by allowing a variety
of housing and building types and pe~itting 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 pe~itted 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 density,
transportation and community facilities objectives of the
Comprehensive Plan.
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
8-6-5-1:
8-6-5-21
8-6-5-4:
to 10 percent ( 10%) of the gro~s land area may be
directed to other commercial, industrial, pub! ic 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 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.
COIOION OPEN SPACE 1
A. Required Common Open Spacel A minimum of 1°' 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. Jlaintenancel specified
D. Clustering 1 every property developed under the PUD
approach should be designed to abut upon common open
space or 8imilar areas. A clu8tering of dwelling8 i8
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;
B. Siting (maximum increase of 5%), visual focal points,
use of existing physical features such as topography,
8-6-5-5:
8-6-6:
8-6-6-1:
8-6-6-2:
8-6-6-3:
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
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
9-5-4.
Bagle City Code.
PLAIO1BD Ul(IT AND CONDOXINIUM, SUBDIVISIONS 1
9-5-4-11 Application of Provisions 1
requirements of this Chapter, planned
In addition to the
unit and condominium
developments shall also be subject to requi~nts 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 Streets I Private streets shall be prohibited in any
planned unit and condominium subdivision subject to the provisions
of this Title.
C. Storage Areas 1 Storage areas shall be provided for the
anticipated 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 1 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 accommodate visitor parking.
E. Maintenance 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
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.
9-5-4-41 Control During Development, Time Limitl 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 R5 to R15 is
consistent with the intent and purpose of the Eagle Comprehensive
Plan and Eagle City Codes. The front portion of this property is
currently C2 and is located adjacent to Highway 44. Because of the
proximity of Highway 44 a rezone from R5 to R15 is appropriate,
further, the 1993 Eagle Comprehensive Plan - Land Use Designated
Map designated this location as high density residential, up to 25
units per acre. The rezone follows the orderly development of the
city and protects the health, safety and welfare of the new 1993
comprehensive plan.
There is adequate evidence showing that this subdivision
development, at the proposed location, satisfies the general
standards for approval of a subdivision set forth in Sections of
the Eagle City Code, specifically 8-2-1,' establishing zoning
districts, 9-1-3 to promote the public health, safety and general
welfare and to provide for harmonious development and this
subdivision provides central water and sewer service to the area.
(9-4-1. 9)
This subdivision is in compliance with Section 9-3-1 the Design
Standards and complies with Section 9-4-1 for required
improvements, street lights, sidewalks, storm drains and fire
hydrants.
Further, this PUD/cup complies with the following code sections:
A. ECC 8-6-1 PURPOSE, by planning for a variety of housing types,
open space and recreational areas, and recreational vehicle mini-
storage areas for homeowners.
B. Section 8-6-4 USES PERMITTED, the land use is appropriate with
the residential uses, that the uses within the subdivision are
intended to serve principally the residents of the PUD, and are an
integral part of the PUD. Highway access is to State St, an
arterial street.
C. Section 8-6-5-2 COMMON OPEN SPACE, this subdivision contains
more than the required minimum of 10% requirement, and is clustered
to include open space. The landscaping exceeds the required 5%
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 from R5 to R15, a
subdivision preliminary plat and a PUD/CUP be approved subject
to the following:
1. The recommendation to Council that a traffic study be
initiated by the developer
2. The standard City of Eagle Subdivision Conditions of
Approval apply. Those conditions are as follows:
CITY OF BAGLB
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
4-93
1.
Developer and/or owner shall comply with all requirements of
the State of Idaho Dept. of Transportation and 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 t9 signing of the final
plat by the City Engineer. (I.C. title 50, Chapter 13.)
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 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 to submitting the final plat for recording, the
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 for one and two family dwelling. Dwellings
having a fire area in excess of 3,600 sq ft shall be required
to have 1,500 gallons per minute.
Eagle Fire Department shall check off and approve the fire
protection system prior to issuance of a building permit.
7 .
concerning
Compliance with Idaho Code, section 31-3805,
irrigation rights, transfer and disclosure.
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 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 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.
10.
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
11.
12.
13.
14.
15.
16.
17.
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 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.
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.
Should the homeowner's association be responsible for the
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 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 the ditch company
officer in charge. A copy of such written approval by the
ADOPTED by the Eagle Planning and zoning Commission of the
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18.
19.
20.
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 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.
City of
C KEN
PLANNING AND
COMMISSION
CLERK