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Findings - PZ - 2004 - PP-0-04 - Tanglerose Subd/13-Lot/24.10 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A PRELIMINARY PLAT FOR TANGLEROSE ) SUBDIVISION FOR GEORGE CRANDLEMIRE ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-I-04 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on April 19, 2004, at which time public testimony was taken and the public hearing was continued to June 14, 2004. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: George Crandlemire, represented by Tealey's Land Surveying, is requesting preliminary plat approval for Tanglerose Subdivision, a 13-lot (II-buildable, 2-common) residential subdivision. The 24.1 O-acre development is located on the south side of Beacon Light Road, approximately 1600 feet west of North Eagle Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on February 5, 2004. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 24, 2004. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 19,2004. Requests for agencies' reviews were transmitted on February 10,2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: (None) E. COMPANION APPLICATIONS: A-I-04 & RZ-I-04 [Rezone upon Annexation from RUT- (Ada County designation) to R-E - Residential-Estates - (up to one unit per two-acres maximum)] Page 1 of9 K:\Planning Dept\Eagle Application:,\SUBS\2004\Tanglerose Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Estates (up to one RUT (Residential- Ada Single-family unit per two acres maximum) County designation) dwelling/pasture Proposed No Change R-E (Residential) Residential Subdivision North of site Residential Rural (up to one RUT (Residential- Ada Single-family unit per five acres maximum) County designation) dwelling/pasture South of site Residential Estates (up to one R-E (Residential) Ranch Estates Subdivision unit per two acres maximum) East of site Residential Estates (up to one RUT (Residential- Ada Thomwood Estates unit per two acres maximum) County designation) Subdivision West of site Residential Estates (up to one RUT & Rl (Residential - Anacortes Subdivision & unit per two acres maximum) Ada County designation) Ptarmigan Subdivision G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, IDA or CEDA. H. SITE DATA: Total Acreage of Site - 24.10 Total Number of Lots - 13 Residential - 11 Commercial - 0 Industrial - 0 Common - 2 Total Number of Units - 11 Single-family - 11 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre .46-units per acre I-unit per two-acres maximum Minimum Lot Size 1.84-acres (80,054 s. f.) 1.8-acres (78,408 s. f.) Minimum Lot Width 207-feet (approx.) 100-feet Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area .30-acres (l2,942-s. f.) Not required in R-E zone Percent of Site as Common Area 1.2% Not required in R-E zone Page 2 of 9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc I. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: As required by Eagle City Code Section 8-2A-7 (1) (4) (b), the applicant proposes to construct a fifty-foot (50') wide buffer within a common lot along Beacon Light Road abutting the northern boundary of the development. The applicant also proposes to install street trees and grass within a landscape easement and the swale areas abutting the internal roadways within the development. A proposed pump house located within Lot 6, Block 1, for the pressurized irrigation system, will be required to be screened from the view of neighboring properties and the roadways. Berming, fencing and landscaping details are required for Design Review Board review and approval prior to City approval of a final plat. Open Space: In addition to the buffer area along Beacon Light Road, the applicant is proposing to provide open space located within two landscape islands (common lots), within the roadway serving the site (North Tanglerose Place). The total common area (not including the buffer) within the subdivision will consist of approximately .3-acres or 1.2% of the site. Eagle City Code does not require a minimum area of open space for the R-E zoning district. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. A letter from the Eagle Fire Department recommends denial of the preliminary plat since central water is not available to the site to enable the installation and use of fire hydrants. On-site Septic System (yes or no) - yes Preservation of Existing Natural Features: The parcel has a small number of existing trees located mainly around the existing single- family dwelling and accessory structures. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Page 3 of9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREET DESIGN: Private or Public Streets: Public The applicant is proposing to construct North Tanglerose Place extending southerly from Beacon Light Road, which will terminate in a cul-de-sac containing a large landscape island. The roadway is proposed to be built within a 78-foot wide right-of-way near Beacon Light Road (to accommodate the landscape medians), tapers down to a SO-foot right-of-way, and then widens to approximately 12S-feet to accommodate a landscape island within the cul-de-sac. The streets will be paved in sections ranging in width from 21-foot wide travel lanes (located on either side of the median near Beacon Light Road) to 33-feet wide, with abutting 1 Y2-foot wide concrete ribbons and grass-lined borrow ditches on either side. Applicant's Justification for Private Streets (if proposed): Not allowed Blocks Less Than SOO': None Cul-de-sac Design: North Tanglerose Place is an 840-foot (approximately) long cul-de-sac terminating in a "needle eye" configuration, due to a .27-acre landscape island to be constructed within. Eagle City Code permits cul-de-sac lengths up to I,SOO-feet in the R-E zoning district, if approved by the Eagle Fire Department. Curbs, Gutters and Sidewalks: Beacon Light Road abutting this parcel is currently not improved with any curb, gutter, or sidewalk. 1 Y2-foot wide concrete strips and borrow ditches abutting the internal streets are proposed in-lieu of curbs and gutters to accommodate storm water runoff. Sidewalks are not proposed within the subdivision; 4-foot wide striped paths on both edges of the roadways are proposed. A S-foot wide meandering concrete sidewalk is proposed along Beacon Light Road abutting the northern portion of this site. Lighting: Lighting for the proposed subdivision is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City approving the final plat. Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: Striped bike and pedestrian walkways along both sides of the roadways are proposed within the subdivision. Page 4 of9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - no Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes Riparian Vegetation - no Steep Slopes - no Stream/Creek - no Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife - unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An environmental assessment plan is not required. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letter dated March 2, 2004, are of special concern (see attached). Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Farmer's Union Ditch Company Joint School District No.2 Q. LETTERS FROM THE PUBLIC: None received to date STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . The Comprehensive Plan Land Use Map designates this site as Residential Estates, suitable Page 5 of 9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc primarily for single-family residential development on acreages that may be in transition from agricultural to residential use or may combine small-scale agricultural uses with residential uses. Residential density of up to one dwelling unit per two gross acres may be considered by the City for this area. Chapter 8 Transportation 8.6 Implementation Strategies o. Encourage arterial and collector roadway design criteria consistent with the rural nature of planned and existing developments generally within the areas designated on the Land Use Map as Residential Rural (one dwelling unit per five acres maximum) and Residential Estates (one dwelling unit per two acres maximum). Such designs should include the following: 1. Vertical Curbs should not be permitted, except where may be required by ACHD. Where curbs are needed, flat or rolled curbs should be encouraged. 2. Sidewalks and/or pathways should meander and be separated from any roadway edge or curb to allow for added pedestrian safety. Topography, trees, ditches and/or similar features may limit the distance between sidewalks and/or pathways and the roadway edge. Easements may be needed if portions of the sidewalk and/or pathway is to be located outside of the right-of-way. 3. Unless otherwise determined by ACHD to be necessary for public safety, roadways should be a maximum of two lanes with a center turn lane only at driveways and/or street intersections that are expected to generate a minimum of 1000 vehicle trips per day, or where determined to be necessary for safety by ACHD. Any portion of a center turn lane which is not used for such a driveway or intersection should be landscaped. Such landscaped medians would need to be maintained by the City and would require a license agreement with the highway district having jurisdiction. 4. The roadways should be constructed to provide a bike lane on both sides of the roadway. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-2A-7 (1)(4)(b) Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be Page 60f9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: Any road designated as a minor arterial on the AP A Functional Street Classification Map: A minimum of fifty feet (50') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence, decorative block wall or cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (I') vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four-foot (4') wide flat area at the top of the berm shall be provided for the placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. The five foot (5') minimum height requirement for the berming/fencing shall be permitted to be decreased one foot (1 ') for every thirteen feet (13') of additional buffer area added to the fifty foot (50') wide buffer noted above. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-3-2-1 (G) (2) CUL-DE-SAC STREETS: In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres, cul-de-sac streets up to a maximum of one thousand five hundred feet (1,500') in length may be permitted by the City if approved by the Fire Department and the highway district having jurisdiction. No more than twenty (20) dwelling units shall be permitted on said cul-de-sac. . ECC Section 9-3-6 (A) EASEMENTS, states in part: Total easement width shall not be less than twelve feet (12'). . ECC Section 9-4-1-6 (F) (6) SIDEWALK DESIGN: In zoning districts which prohibit densities greater than one dwelling unit per two (2) acres and at the council's discretion, a four foot (4') wide striped path (with pedestrian designation markings such as diamonds or pedestrian/bicycle symbols) on both edges of all internal roadways may be permitted in lieu of constructing sidewalks. Trees shall be placed within five feet (5') of the edge of roadway. Page 7 of9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc D. DISCUSSION: . The Comprehensive Plan Land Use Map designates this site as Residential Estates (up to one unit per two-acres maximum). The applicant is proposing .46-units per acre. . The proposed design of this subdivision complies with the technical requirements (or will pursuant to the conditions outlined herein) of Eagle City Code and includes aesthetic features such as landscaped common lots providing open space for the use of the residents (a minimum amount of open space is not required in the R-E zoning district). The applicant has chosen to include elements within the development beyond that which are characteristic of a typical subdivision located within the R-E zoning district. However, the Eagle Fire Department's letter of February 12,2004, states that the Department cannot recommend approval of the subdivision without a municipal water system to provide adequate water pressure to fire hydrants for fire protection. While it may not be impractical to bring water to this site, the timing, expense and willingness of a developer to bring the water to the site is not certain. Further, the recommendation of denial of a subdivision from a service and safety provider leaves some doubt as to the capability of a parcel to be developed in the immediate future. In order to recommend approval of a subdivision, staff must be able to conclude that a proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) and that service and safety issues have been adequately addressed. Although the design of the subdivision complies with Eagle City Code and the Comprehensive Plan, considering the information provided to date, staff cannot reach the conclusion that residents of the development will be provided with adequate fire protection and recommends denial of the application as proposed. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends denial of the requested preliminary plat. If the applicant is able to satisfy the requirements of the Eagle Fire Department, the site specific conditions of approval and the standard conditions of approval provided within the staff report should apply. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on April 19, 2004, at which time testimony was taken and the public hearing was continued to June 14, 2004. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by two (2) individuals who felt that the development of the property in comparison to the larger area in the vicinity was "piecemeal", the entire area surrounding this development should be annexed, the need of the developer to be better prepared with regard to having no approvals from Central District Health and the Eagle Fire Department, the development was not creatively designed, there is a need to look at connectivity, and the need to consider the effects of increased traffic on the roadways. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). D. Oral testimony neither opposed to nor in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual who felt the issue of fire protection could be satisfied with Page 8 of9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc greater separation between the structures and well-maintained landscaping. COMMISSION DECISION: The Commission voted 3 to 0 (Crook, Deckers absent) to recommend denial of PP-I-04 for a preliminary plat for Tanglerose Subdivision. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on February 5, 2004. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on February 24, 2004. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on February 19, 2004. Requests for agencies' reviews were transmitted on February 10, 2004, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed preliminary plat (PP-I-04) and based upon the information provided concludes that the proposed preliminary plat application is not in accordance with the City of Eagle Title 9 (Subdivisions) because: While the amenities proposed within the subject development are acceptable, the lack of an approval from the Eagle Fire Department leaves doubt that residents of the development would be provided with adequate fire protection. In addition, the uncertainty concerning the type of approval (if any) that may be issued by the Central District Health Department with regard to individual septic systems raises health concerns for both future and current residents in the area. The Commission determined that if the sanitary restrictions on the property were rescinded, then approval of the subdivision would be recommended. And, only after the developer and the Eagle Fire Department have agreed to measures to provide fire protection for the proposed dwellings within the development would an approval be recommended. The Commission suggested that an LID (Limited Improvement District) or other similar funding option could be arranged by the City to aid in serving the area with a municipal water system to assist in fire protection. DATED this 6th day of July 2004. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho rJ (/ . ~...,~h___ " (/,u-/d-p--- ""," lilt" ........ ~ OF .... '" ..-t ~ lJ'. ,," C" ........ -1 #"... I.... -.. 0 ~ ~ l "ORPOR ...<".... ~ ~.. -1".".\."'~ . . ," . . :: : ....... ~.': : : -'i ('1 .: :. r,ft \0 ~) FA .,. : ,... : ~ ~ _.01', -~ ~ ,.~>.' : ~ ~ . o"n ,'. .. , .r ').. eo.. '),..,.. <""l.. .: "4", <~r;. "', . :1.) .0 ...... "~# - (~'", ~; - ....\.,'" ..10.... """'J ~.~ 1 ~ II ....".. Phillip J. Bandy, Chairman ATTEST: ~ ~;~~ K ~~~~ ../ Sharon . Bergmann, Eagle City Cle Page 9 of 9 K:\Planning Dept\Eagle Applications\SUBS\2004\Tanglerose Sub pzf.doc