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Findings - PZ - 1992 - Rezone - Rezone From R5 To R16/15-4 Plexes/4 Acres 3. 4. CITY OF EAGLE IN THE MATTER OF EAGLE WING DEVELOPMENT AN APPLICATION FOR A REZONE FINDINGS OF FACT AND CONCLUSIONS OF LAW On September 21, 1992, pursuant to public notice and hearing procedures set forth in Section 67-6509, Idaho State Code, and Section 8, Eagle City Code, Pat Tealy, representative for the applicant and William J. Korby, owner of the property, applied for a rezone from "R5" Residential-5 units per acre to "R16 " Residential 16 units per acre for the purpose of establishing an 15 4 plexes on 4 acres at a density of 3.75 lots per acre (15 dwelling uni ts per acre, multi unit complexes) came before the Eagle Planning and Zoning Commission for the City of Eagle, Idaho, requesting consideration for said rezone. Based on testimony from the applicant and all interested parties, together with all documentary evidence submitted concerning the application, the Eagle Planning and Zoning Commission finds the following: FINDINGS OF FACT AND CONCLUSIONS OF LAW: 1. The records in this matter indicate all notices, and publications have occurred as required by law. the records further reflect notice of the public hearing was sent to the appropriate public and private entities with responses to the proposal being received in the City Clerk's office from those entities, including Eagle Sewer District, Eagle Fire District, Central District Health, and Ada County Highway District. The City was advised by said entities that subject to certain conditions there was no objection to the establishment of the proposed rezone; 2. On September 21, 1992 public hearing proceedings were conducted by the Eagle Planning and Zoning Commission. Testimony was received in favor and in opposition to the proposed rezone. Those concerns of the public were: availability of water, access and egress to the project congestion and a concern of lack of facilities and safety for children within the complexes; The proposed location for the rezone is bordered to the East, West and South by an R5 district, to the N by an R5 district and the Seventh Day Adventist Church; The standards used in evaluating the application are in the following sections of the Eagle City Code and Comprehensive Plan: 8-2-1: DISTRICTS ESTABLISHED, PURPOSES AND RESTRICTIONS: R: Residential District: To provide regulations and districts for various residential neighborhoods. Density in an R District shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Centralized water and sewer facilities are required in all districts exceeding one dwelling unit per acre. 8-2-3: OFFICIAL SCHEDULE OF DISTRICT REGULATIONS: Multi family dwelling is a conditional use designation. The definition of multi-family use, Eagle City Code 8-1- 2, is as follows: A dwelling consisting of three (3) or more dwelling units including townhouses and condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units. 8-1-1: Zoning Interpretation and Definitions: A. No building, structure or land shall be used or occupied and no building or structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located; B. No building or other structure shall be erected or altered: 1. to provide greater height or bulk 2. to accommodate or house a greater number of families 3. to occupy a greater percentage of lot area, or 4. to have narrower or smaller rear yards, front yards, side yards or other open spaces than herein required, or in any other manner be contrary to the provisions of this Title. This development is in a residential zone. All building height and lot area regulations (ECC 8-2-4) must be met. Those requirements are as follows: Maximum Height 35 ft Front yard setback 20 ft Rear yard setback 25 ft Side (interior) sb 7 1/2 ft Side (exterior) sb 20 ft **5 ft per story setback for multi-story exceed 3 stores Maximum lot cov Minimum Lot cov 40% 6000sq ft structures, not to 8-3-3-(C): Yards in Multi-Family Dwellings: Multi-family dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements. The entire group as a unit shall require one front, one rear and two (2) side yards as specified for dwellings in the appropriate district. 8-10-1 (B) Development Agreements A. Purpose: Development agreements are a discretionary tool to be used by the Council as a condition of rezoning. Development agreements allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. B. Initiation of Development Agreement: 1. A development agreement may be initiated for the rezoning of a particular parcel of land or collection of parcels of land through the following methods: a. On application by the property owner. b. On recommendation of the Zoning Administrator c. On recommendation of the Commission d. Required by the Council 2. In the event of a determination by the Commission that a development agreement should be entered into, the Commission shall retain jurisdiction of the matter, defer consideration of the rezone applied for and set a time limit for submittal of the development agreement. The Commission shall then proceed as specified in this Section. ( See 8-10-1 ) Performance standards for multi-family, Eagle City Code 8-3-1 as follows: 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. 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 and/or loading shall maintain such area in good condition without holes and free of all dust, trash, and other debris. 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 8-4-5: SCHEDULE OF PARKING REQUIREMENTS: Residential: Multi-family dwelling-1 l/2 for each unit (60 units would require 90 spaces) F. Off Street Parking Design and Dimension Tables CONDITIONS OF APPROVAL 1. A Development Agreement be executed and in effect. 2. If the intent is to sell individual lots, all setback regulations will be met for each individual building or developer will apply for a PUD/CUP. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, and Ada County Highway District (curb, gutter and sidewalk) shall be secured prior to issuance of permits. (Eagle Fire Dist required to approve building plans on commercial buildings) 4. All trash areas are to be enclosed 5. Shall meet all Design Review provisions regarding signs. Landscaping plan must meet the provisions of the Tree Ordinance. The landscaping plan shall be approved by the Tree/Park Committee prior to construction. 6. Parking area: shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. (8-4-3) 7. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 8. Access: Any parking area shall be designed in such a manner that any vehicle leaving or entering the parking area from or onto a public or private street shall be traveling in a forward motion. 9. 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 10. Off Street Parking Design and Dimension Tables (see attached) 11. One and one half 1 1/2 parking spaces for each unit. 12. All entrances, exits and restrooms shall be meet handicap code requirements (UBC) 13. Will have at least a six foot high sight obscuring fence along the property lines that adjoin a residence (8-3-5.1-2), or a strip of land not less than 20ft in width planted with dense planting acceptable by the Tree/Parks Committee. 14. All building plans must be approved by the Eagle Building Inspector, Fire Dist. and Eagle Sewer District prior to beginning of project. CONCLUSION 1. The Commission concludes that the application for a rezone is consistent with the intent and purpose of title 8 of the Eagle City Code and that the proposed rezone advances the public welfare and that the proposed land use presented and the interrelationship with the land uses in the surrounding area justify the granting of a rezone; 6. The Commission concludes that there is adequate evidence showing that a rezone at the proposed location satisfies the general standards for an amendment to the zoning text and zoning map of the City of Eagle set forth in Section 8-7-5-E (1 and 2) of the Eagle City Code. Specifically, that the use will be harmonious with and in accordance with the general objectives of the Comprehensive Plan and Title 8 and that the rezone, if the conditions attached to this approval are met, any development on said property will be adequately served by essential public facilities and services; and that the vehicular approaches to the property shall be so designed as not to create an interference with traffic on State Highway 44; 7. The application submitted by William J. Korby for a rezone from R5 to R15 is in accordance with the Comprehensive Plan and the requested rezone serves the welfare of the general public and public interest; 8. The granting of the application will not violate the Idaho Code nor nullify the interests or purposes of the Eagle City code or Eagle Comprehensive Plan, with the conditions recommended by the Eagle Planning and Zoning Commission. 9. The property is in a residentially zoned district,(R5), multi- family use is permitted. The current zoning will allow 20 dwelling units, the requested zoning will allow up to 64 units. RECOMMENDATION Based upon the foregoing findings of facts the Eagle Planning and Zoning Commission concludes that the recommendation to Council for the applicant's request for a rezone should be granted for the development with a rezone from R5 to R15, provided a development agreement is executed with the City-of Eagle, and all Eagle Standard Conditions presented are met. ADOPTED by the Eagle Planning and Zoning Commission of the City of Eagle, Idaho this ~ day of October, 1992. APPROVED: iK~!~ CHAIRMAN, EAGLE PLANNING AND ZONING COMMISSION , '