Findings - PZ - 1993 - RZ/CUP/PP - Periwinkle Sub - Periwinkle Subd/6 Lot/13.5 Acres/Commerical/Include Multi-Family
CITY OF EAGLE
IN THE MATTER OF
AN APPLICATION FOR
PERIWINKLE
SUBDIVISION, AN
APPLICATION FOR A
REZONE, CUP AND
PRELIMINARY PLAT)
BY
WRIGHT BROS AND
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CSHQA)
FINDINGS OF FACT AND
CONCLUSIONS OF LAW
On August 16, 1993, pursuant to public notice and hearing
procedures set forth in Section 67-6509, Idaho State Code, Joe
Rausch, representative of Wright Bros., 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 on the multi-family section of the plat to C2 and the
southern portion of the subdivision to be rezoned C3. 2. The
application is also for a preliminary plat consisting of a 6 lot
subdivision, a portion of which is Commercial (C2) and a portion to
be rezoned Commercial (C3), and a conditional use permit for multi
family dwellings. The location of the property is the south side
of east State St., between Eagle Center and Evans Building Center.
The entire preliminary plat consists of 13.5 acres for commercial
development, including the multi-family dwelling lot.
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:
DRAINAGE DISTRICT #2: Objects to the above-named subdivision
because no drainage plans have been submitted to the District for
its approval. Preliminary plat fails to designate specific
drainage plans for drainage into the District's system. Drainage
plans and proposed plat must be submitted to the district. The
owners must execute an Agreement with the District, showing 100'
exclusive drainage easement (50' each side).
CENTRAL DISTRICT HEALTH:
water
can approve this for central sewer and
ADA COUNTY ASSESSOR
EAGLE FIRE DEPT: 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 in accordance with Fire
Codes; 2. Fire Apparatus Access Roads shall comply with Article
10-Division II, 1991 Uniform Fire Code; 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. ft. shall be 1,000 gallons 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-III-A-l. 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. The
average spacing between hydrants shall not exceed that listed on
table No. A-III-B-1 of the 1991 Uniform Code.
EAGLE SEWER DIST: Is wli the District Planning area and is
annexed. Reserve final approval until review of the plans.
ITD: Since Palmetto may access State St. across from this
proposal, request the access for the 2 east commercial lots be
moved to line up wi Palmetto proposal. This would provide better
traffic operations. Curb, gutter and sidewalk should be installed
along State St. Request a traffic study. The developer will need
to obtain a right of way permit.
ACHD: Site specific requirements: Traffic Impact Study, comply
with ITD, provide cul de sac at the s end of proposed public
street, eliminate the Hwy 44 access common to Lots 3 & 4 and
relocate to align wI Palmetto proposal. Standard requirements.
2. Testimony at the public hearing proceedings were received by
the Eagle Planning and Zoning Commission. There was no opposing
testimony.
3. Staff recommendations included: The Traffic report requested
is included in the application.
This is in the Parks Committee area. Design Review applications
will be required for the 5 commercial lots as they develop.
Curb, gutter and sidewalks, as well as street lights, irrigation
and trees will be required to match the downtown area.
~i[)F CONDITIONS THAT MAY BE ATTACHED TO SPECIAL USE PERMIT
A. Uses allowable with conditions and subject to ability of
political subdivisions to provide services.
B. Notice procedures apply (ISC 67-6509)
C. Can be tied to ability of political subdivisions to provide
services. Sequence, timing, duration, maintenance; can require
site-specific conditions.
D. May require that studies be conducted
E. Transferable from owner but not from parcel.
PRACTICAL POINTERS
The special use permit procedure allows a zoning ordinance to
address uses which are conditionally acceptable in the midst of a
land use zone. The special use procedure allows the application of
special conditions to development of uses which would allow them to
integrate suitably with their surroundings By including the
conditions which re susceptible to special use approval, a permit
applicant is put on notice of what design features should be
considered and might be applied as conditions.
Some of those considerations might be restrictions on lighting,
landscaping requirements, limits on building height or placement,
design considerations.
It may be appropriate to require applicants for a special use
permit to conduct special studies and to provide additional
analysis beyond that normally required of a permit applicant before
a permit can be favorably considered. Special use permits do not
create binding precedent are very site specific in that certain
uses can be integrated suitably into certain sites better than
others. Accordingly, special use permits are not transferable from
one site to another, but do continue from one owner to another.
Special use permits can b implemented to time certain, or within a
certain time frame.
4. The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
ZONING DISTRICTS
EAGLE CITY CODE:
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 and sewer an 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 b 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 and 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.
8-7-3-4: Supplementary conditions and safeguards: In granting and
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.
REZONE---
The standards used in evaluating the application are in the
following sections of the Eagle City Code and Comprehensive Plan:
ZONING DISTRICTS
8-2-1: Districts established
C2: General Business District: To permit the establishment of
areas for commercial uses allowed in other commercial zones and
commercial uses which are more intensive than those permitted in
other commercial zones, such as large equipment sales, as well as
light manufacturing in conjunction with retial sales.
C3: Highway Business District: To permit the establishment of
areas for travel related services and retail sales. This District
is pacifically designed in clusters to service the motoring public
on major streets.
8-2-3: Schedule of District use Regulations: district regulations
shall be as set forth in the Official Schedule of District
Regulations and in the performance standards.
8-7-2:
Zoning Permits and certificates of occupancy
A. Zoning Permit
1. Application
2. Plan
3. Approval
4. Expiration
5. Occupancy
of permit
EAGLE COMPREHENSIVE PLAN
LAND USE: Commercial: suitable primarily for the development of a
wide range of commercial activities including offices, retail and
service establishments.
COMMUNITY DESIGN: (#7) New residential, commercial, and industrial
development shall be required to meet minimum design standards as
specified by City ordinances.
COMMUNITY DESIGN:
Comply with the Eagle Tree Plan
TITLE 9-SUBDIVISIONS
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:
Title 9-Land Subdivisions:
9-1-3:
PURPOSE:
The purpose of these regulations is to promote the
public health, safety and general welfare, and to
provide for:
A. The harmonious development of the City and its
area of impact:
B. The coordination of streets and roads within a
subdivision with other existing or planned streets
and roads:
C. Adequate open space for travel, light air and
recreation:
D. Adequate transportation, water drainage and
sanitary facilities:
E. The avoidance of the scattered subdivision of
land that would result in either of the following:
1. The lack of water supply sewer service,
drainage, transportation or other public
services: or
2. The unnecessary imposition of an excessive
expenditure of public funds for the supply of
such services: or
F. The requirements as to the extend and the manner
in which:
1. roads shall be created, improved
and maintained: and
2. water and sewer and other utility
mains, piping connection, or other
facilities shall be installed
G. The manner and form of making and filing of any
plats; and
H. The administration of
defining the powers and
authorities.
these regulations by
duties of approving
9-2-3:
Preliminary Plat Procedures
9-2-4:
Final Plat Procedures
9-3-1:
Design standards
A. Street location and arrangements: When an
official street plan or comprehensive development
plan has been adopted, subdivision streets shall
conform to such plans
B. Minor Streets: Minor streets shall be so
arranged as to discourage their use by through
traffic
C. Stub Streets: Where adjoining areas are not
subdivided the arrangement of streets in the new
subdivisions shall be such that said streets extend
to the boundary line of the tract to make
provisions for the future extension of said streets
into adjacent areas, and shall have a cul-de-sac or
temporary cul-de-sac.
D. Relation to Topography: Streets shall be
arranged in proper relation to topography so as to
result in usable lots,
E. Alleys:---
F. Frontage Roads:---
G. Cul-De-Sac Streets: shall not be more than 500
ft. in length and shall terminate with an adequate
turnaround having a minimum radius of 50 ft for
right of way
H. Half Streets:---
I. Private Streets: shall be prohibited---
J. Driveways: Providing access to no more than 2
dwelling units shall be allowed.
9-3-7: 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 (City of Eagle standards)
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:
9-4-1-12:
Storm drainage, Flood controls
Greenbelt Areas, landscaping screening
9-4-2-2:
Guarantee of improvements
a. Performance bond
b. Cash deposit
9-5-4-4: Control during development, time limit
CONCLUSION
The Commission concludes that the rezone from R5 to C2 for multi
family dwelling units, one lot, and C3 for the mini-storage unit
business is consistent with the intent and purpose of the Eagle
Comprehensive Plan and Eagle City Codes. The zoning in that
location, Highway 44 is currently zoned C2. Because of the
proximity of Highway 44 to rezone a portion of the property between
a R5 and currently zoned C3 is appropriate and 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)
Further, 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.
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 preliminary plat for a 6 lot
subdivision, rezone from R5 to C2 and C3 and a conditional
use permit be approved subject to the following conditions:
1.
2.
3.
Sidewalks both sides of the drive entrance
E entrance off State St to be eliminated, so there are 3
entrances to the subdivision
Standard Eagle Subdivision conditions of approval as
follows:
CITY OF EAGLE
STANDARD CONDITIONS
FOR SUBDIVISION APPROVAL
1.
Developer andlor owner shall comply wit~ 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.)
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.
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)
3.
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.
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.
6.
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
7.
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.
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 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 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 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.
11.
12.
13.
14.
Street light plans shall be submitted a~d 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.
Developers and lor 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.
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.
15.
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. "
16.
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)
17.
No ditch, pipe or structure for irrigation water or irrigation
18.
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
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 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.
19.
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.
ADOPTED by the Eagle Planning and zoning Commission of the City of
Eagle, Idaho this ~ day of September 1993.
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