Loading...
Findings - PZ - 2007 - A-05-07/RZ-0-07/PP-08-07 - Rz From Rut To R2-Da/36-Lot/20.47 Acre/3633 W. Beacon Light Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FORAN ANNEXATION AND REZONE ) FROM RUT TO R-2-DA AND PRELIMINARY ) PLAT FOR JUNE LOCKEY SUBDIVISION ) FOR LAKESIDE CAPITOL GROUP, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-05-071RZ-06-07 & PP-08-07 The above-entitled Annexation, Rezone, and Preliminary Plat applications came before the Eagle Planning and Zoning Commission for their recommendation on May 7, 2007. The Commission continued the item to May 21, 2007, at which time public testimony was taken and the public hearing was closed. 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: Lakeside Capitol Group, LLC, represented by Jake Merrill, is requesting an annexation and rezone from RUT (Rural-Urban Transition-Ada County designation) to R-2-DA (Residential 1.6 units per acre with a development agreement), and preliminary plat approval for June Lockey Subdivision, a 36-10t (33 buildable, 3 common) residential development. The 20.47-acre site is located on the south side of W. Beacon Light Road approximately 650-feet east of Park Lane at 3633 W. Beacon Light Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, March 9, 2007, at 3664 W. Tobasco Trail Lane, Eagle, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on March 14, 2007. A revised preliminary plat application was received by the City of Eagle on April 30, 2007. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 19,2007. 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 April 16,2007, Requests for agencies' reviews were transmitted on March 16, 2007, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on April 20, 2007. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 1 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzrdoc F. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT (if applicable): The City is requesting a development agreement to ensure the development of the property is consistent with the Comprehensive plan and vision of the City of Eagle. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two RUT (Ada County Residence and agricultural Designation) Proposed No Change R-2-DA (Residential- 1.6 Residential subdivision units per acre with a development agreement) North ofsite Residential Rural RUT (Ada County Residence and agricultural Designation) South ofsite Residential Two RUT (Ada County Residential (Proposed Designation) and R-E Tobasco Trail Subdivision) (Residential Estates-up to one unit per two acres) East of site Residential Two RUT (Ada County Residential (Tamara Place) Designation) West of site Residential Two RUT (Ada County Residential (Proposed Designation) Lingel Subdivision) and agricultural H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. I. SITE DATA: Total Acreage of Site - 20.47 acres Total Number of Lots - 36 Residential - 33 Commercial - 0 Industrial - 0 Common - 3 Total Number of Units - 33 Single-family - 33 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - none Page 2 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.60-units per acre 1.6-units per acre maximum (per requirements of development agreement) Minimum Lot Size I 7,270-square feet 17,000-square feet (except that larger lots adjacent to the perimeter are required for appropriate transitioning) Minimum Lot Width I 00- feet 75-feet Minimum Street Frontage 50-feet 35-feet Total Acreage of Common Area 2.93-acres 2.05-acres (minimum) Percent of Site as Common Area 14.3% 10% (minimum) J. GENERAL SITE DESIGN FEATURES: Landscape Screening: As required by Eagle City Code Section 8-2A-7(JX4)(b), the applicant proposes to construct a fifty-foot (50') wide buffer along West Beacon Light Road. All berming, fencing and landscaping details, including any proposed pump houses for pressurized irrigation, are required for Design Review Board review and approval prior to submittal of a final plat. Open Space and Design: The proposed development includes 2.93 acres (14,3%) of common area. The common area consists of the required buffer area along N. Beacon Light Road, an open space lot consisting of 2.40 acres (approximately) located adjacent to the southern boundary, and a landscape island within the cul-de-sac in the northwest corner of the subdivision. The application states a pathway will provide east to west connection within the common area on the southern boundary of the subdivision. 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&R's 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 l2-feet wide. Fire Hydrants and Water Mains: The preliminary plat shows three (3) fire hydrants located within the subdivision. Hydrants are to be located and installed as may be required by the Eagle Fire District. On-site Septic System (yes or no) - no (existing to be removed) The existing dwelling on site is served by a septic system. If the existing dwelling in not removed the applicant will be required to connect the existing dwelling into a central sewer system. If the existing dwelling is removed the applicant will be required to obtain Page 3 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007lLockey Sub pzrdoc the proper permits and abandon the septic systems, Pressurized Irrigation: The City of Eagle currently requires the installation of pressurized irrigation systems for the irrigation of landscaping when new development is within an irrigation district and water rights are available. The narrative provided with the application indicates the property has existing water rights from the Fanner's Union Ditch Company. The applicant is proposing to work with the adjacent developers of Tabasco Trail Estates and Lingel (Adonai) Subdivisions to establish a joint water association for providing the required pressurized irrigation to the developments. Preservation of Existing Natural Features: 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. The site currently has mature trees in proximity to the existing residence located on the site and on the east, south and west property boundaries. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. K. STREET DESIGN: Public Streets: The detailed typical street section on the preliminary plat shows Adonai Drive and Desoto Way with a fifty foot (50') wide right-of-way street section with a thirty-six foot (36') wide travelway (back of curb to back of curb) with ribbon curbing. The preliminary plat shows Adonai Drive providing access to the subdivision from West Beacon Light Road with a landscape island located within the street and twenty one foot (21') wide travelway on each side of the landscape island. Adonai Drive also provides a connection to the proposed Lingel (Adonai) Subdivision to the west. Desoto Way will provide connection to the proposed Tobasco Trail Estates Subdivision to the south. The street section also shows an eight foot (8') wide planter strip partially located within the right-of-way. Cul-de-sac Design: One 560-foot cul-de-sac (Desoto Way) is proposed with 50-foot radius and ten foot (10') radius landscape island. Curbs, Gutters and Sidewalks: Beacon Light Road abutting this parcel is currently not improved with any curb, gutter or sidewalk. A 5-foot wide meandering detached sidewalk is required along North Beacon Light Road abutting the northern portion of the site. A detached five-foot (5') wide concrete sidewalk is proposed abutting both sides of the roadway on the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lights shall be completed before the final plat approvaL Page 4 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzfdoc Street Names: Street name approval by the Ada County Street Name Committee is required prior to the submittal of a Final Plat. Any modifications of street names shall be completed before final plat approval. L. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) Pedestrian circulation will utilize the proposed detached sidewalks and a pathway located within the 2.40 acre open space lot (Lot 5, Block I) which will provide connection to adjacent properties. 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. M. PUBLIC USES PROPOSED: None N, PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists O. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Potable Water: The site is located within the United Water ofIdaho's service area. United Water has not provided correspondence regarding serviceability of this site. Sewer: The Eagle Sewer District stated in correspondence dated March 19, 2007, that the property is not annexed within the District boundaries and sewer service would be provided for by a 12" PVC main line that is currently being constructed as part of the Shaunessy Subdivision project. The correspondence also states that before they would allow for the extension and connection to the sewer system sewer plans would need to be submitted and approved by the District. Schools: Joint School District No.2 states that the Meridian School District is currently operating beyond capacity. Residents within this development cannot be assured their children will be attending neighborhood schools, as it may be necessary to bus students to other schools across the district. P. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - no Evidence of Erosion - no Fish Habitat - no Floodplain - no Mature Trees - yes - east, south and western property boundaries Riparian Vegetation - no Steep Slopes - no Stream/Creek: no Unique Animal Life - no Unique Plant Life - unknown Unstable Soils - no Page 5 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc Wildlife Habitat - no Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Not required R. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached within the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letter dated April 23, 2007, are of special concern (see attached). Ada County Highway District (ACHD) date stamped by the City on April 9, 2007 Ada County Highway District (ACHD) date stamped by the City on May 3, 2007 Central District Health Department Chevron Pipeline Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Lands Joint School District No.2 S. COMMENTS FROM THE CITY FORESTER (attached within the staff report): Tree valuations and map from Julie Lafferty, City Forester, dated March 232007. T. LETTERS FROM THE PUBLIC (attached within the staff report): Patricia Minkiwicz stated in correspondence date stamped by the City on April 30, 2007, that the proposed subdivision is in an area oftransitioning and that the proposed lots a half acre in size are not a proper transition to the five acre properties located across Beacon Light Road. Barbara Crowell provided a petition from property owners located in the general vicinity of the development and associated correspondence date stamped by the City on May 14, 2007, addressing what they believe are problems with the development and providing recommended solutions. The correspondence also indicates that the neighborhood meetings for the developments (Lockey, Tobasco Trails, and Lingel[Adonai] Subdivisions) were sporadic at best. Craig Halls stated in correspondence date stamped by the City on May 17, 2007, that he has reviewed the concept maps for June Lockey, Adonai, and Tobasco Trail Estates Subdivision and is in favor of the developments. Greg Guymon stated in correspondence date stamped by the City on May 17,2007, that he has reviewed the concept maps for June Lockey, Adonai, and Tobasco Trail Estates Subdivision and is in favor of the developments. Jane Klosterman and Melissa Ussery provided a signed petition date stamped by the City on May 17, 2007, indicating they have reviewed the concept maps for June Lockey, Adonai, and Tobasco Trail Estates Subdivision and are in support of the developments Page 6 of 16 K:\Planning DeptlEagle ApplicationsISUBS\2007\Lockey Sub pzf.doc STAFF ANALYSIS PROVIDED WITIllN THE STAFF REPORT: A. 2007COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map (adopted February 13, 2007) designates this site as Residential two: Suitable primarily for single family residential development within areas that are rural in character. Maximum density of up to 2 units per I acre. · Chapter 4 - Schools, Public Services and Utilities 4.1 Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased public services and the necessity to improve existing service delivery systems. Policies concerning the manner in which public utilities and services are expanded plays an important role in the location and intensity of future housing, commercial and industrial development. Since the City of Eagle depends on outside providers, it must be involved in any plans that will effect the community. Service providers currently include: b. The Eagle Sewer District provides sewer service within a designated sewer service area. c. The Meridian and Boise School Districts provide K-12 education. g. Private canal companies and drainage districts provide irrigation water and drainage water management. 4.9 Other Services and Utilities Existing Conditions b. Pressure Irrigation: The City of Eagle currently requires developers to install pressurized irrigation systems for the irrigation of landscaping when new development is within an irrigation district and water rights are available. · Chapter 6 - Land Use 6.2 Future and Existing Land Use Conditions Residents of Eagle and its AOI have a strong desire to maintain the rural "feel" of the community. The area of impact is primarily rural in nature; the majority of the area is currently divided into 10+ acre tracts and limited I acre lots developed within the County. The vision for the area focused on identifYing activity centers and the regional transportation corridors while preserving the rural character of the City of Eagle. These areas are the final development area for the City as lands to the east, south and west begin to be incorporated into other municipalities. In order to ensure the quality of life that is desired by Eagle residents, it is necessary to maintain a tax base that is adequate for providing expected public services. Page 7 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc 6.4 Land Use Goals a. Preserve the rural transitional identity. 6.6 Land Use Implementation Strategies k. Protect gravity flow irrigation systems including canals, laterals and ditches to assure continued delivery of irrigation water to all land serviced by such systems, to protect irrigation systems as a long range economical method for water delivery and to coordinate surface water drainage to be compatible with irrigation systems. I. Protect farm- related uses and activities from land use conflicts or from interference created by residential, commercial, or industrial development. Promote the Idaho Right To Farm Act. x. Require design treatments to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development revIew process. · Chapter 8 - Transportation 8.2.2 Minor Arterial Mobility Function: The primary function of a minor arterial is to carry through traffic by connecting with and augmenting the principal arterial system. A minor arterial may serve motorized and non-motorized transportation needs, be designed with the minimum street section needed to accommodate projected traffic volume, and in conformance with the Long Range Transportation Plan of AP A. Access Function: Access to other roadways is less restrictive than principal arterials. Direct lot access is typically severely restricted. Right-of- Way: Rights-of-way are determined by the Ada County Highway District (ACHD) which should seriously consider recommendations provided by the City. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Zoning Maximum uLJ Interior Street Maximum Lot Minimum Lot Area Minimum District Height Side Side Covered (Acres Or Sq. Ft.) G Lot And H" Width I" IR-2 1135' 1~~110' 1120' 1140% 1117.000 1175' I H. All lots with street side frontage, excluding lots within zoning districts A, A-R, R-E and R-l, shall have a minimum lot area that is 10 percent larger than shown in this table. Page 8 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub prl.doc . Eagle City Code Section 8-2A-7; Landscape and Buffer Area Requirements: C.Existing Vegetation: I. Retention Of Existing Trees: Existing trees shall be retained unless removal is approved in writing by the city. Where trees are approved by the city to be removed from the project site (or from abutting right of way) replacement with an acceptable species is required as follows: IExisting Tree IIReolacement II inch to 6 inches caliperl12x caliper of tree removed 16 1/4 inches to 12 inches 111.5x caliper of tree removed I 112 1/4 inches or more III x caliper of tree removed I J.Buffer Areas/Common Lots: 4. 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 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: b. Any road designated as a minor arterial on the Ada County long range highway and street 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, decorative block wall, 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 decorative block wall, 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 shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. Page 9 of 16 K:\Planning DeptlEagle ApplicationsISUBS\2007\Lockey Sub prl.doc C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 9-1-6 Rules and Definitions RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which nonnaUy includes streets, sidewalks and other public utilities or service areas. · Eagle City Code Section 9-3-1 Minimum Standards Required: All plats submitted pursuant to the provisions ofthis title, and all subdivisions, improvements and facilities done, constructed or made in accordance with said provisions shall comply with the minimum design standards set forth in this chapter; provided, however, that any higher standards adopted by any highway district, the Idaho transportation department or health agency shall prevail over those set forth herein. · Eagle City Code Section 9-3-2 Streets and Alleys: 9-3-2-1: Location: Street and road location shall conform to the following standards: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than five hundred feet (500') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way with the following exceptions: I. Alternative types of turnarounds for cul-de-sacs which will provide access to less than thirteen (13) dwelling units may be permitted by the city if approved by the fire department and the highway district having jurisdiction. . Eagle City Code Section 9-3-5: Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code. · Eagle City Code Section 9-3-6 Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines when deemed necessary. Total easement width shall not be less than twelve feet (12'). · Eagle City Code Section 9-3-8 Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: B. Natural Features: 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 10 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc · Eagle City Code Section 9-4-1-5 Streetlights: All subdividers within the city limits and within the area of city impact shall be required to install, at the subdividers' expense, streetlights in accordance with city specifications and standards at locations designated by the "administrator" (as defined by section 9- I -6 of this title, or his/her representative, hereinafter referred to as "administrator"). After installation and acceptance by the administrator, the city shall have the right to pay the cost of maintenance and power and assume ownership of the streetlights. · Eagle City Code Section 9-4-1-6 Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools, parks, shopping centers, etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. B. Location: I. The city shall require the creation and maintenance of pathways, (except in cases where it is shown to be inappropriate), that provides access to adjacent: d. Neighborhoods; g. Transportation or other community facilities, and vacant parcels, held either publicly or privately which could provide future neighborhood connection(s) to the above noted sites; and h. In similar cases where deemed appropriate. D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: I. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences ofthe subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. · Eagle City Code Section 9-4- I -7 Bicycle Pathways: A bicycle pathway shall be provided within all subdivisions as part of the public right of way or separate easement, as may be specified by the city council. · Eagle City Code Section 9-4-1-8 Underground Utilities: Underground utilities are required. · Eagle City Code Section 9-4-1-11 Fire Hydrants and Water Mains: Adequate fire protection shall be required in accordance with the appropriate fire district standards. Page 11 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc · Eagle City Code Section 9-4-1-12 Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. D. DISCUSSION: · The Eagle Comprehensive Plan Land Use Map designates the property as "Residential Two" with a density not to exceed two (2) units per acre. Currently, the approximate 20.47-acre parcel is being utilized as farm ground. The existing residence and accessory buildings are located at the northeast portion of the property. With the development of this site, the applicant proposes a thirty-six (36) lot residential subdivision (33 buildable lots and 3 common lots). The applicant is proposing to remove all existing structures from the site, which should be conditioned to be completed prior to the City Clerk signing the final plat. A demolition permit should be required prior to the removal of the structures and the proper approvals for the removal of the existing well and septic tank should be provided prior to the submittal of the final plat. · The two lots located within Tamara Place Subdivision adjacent to the east are 5.1 and 7.1 acres in size. The June Lockey Subdivision preliminary plat date stamped by the City on April 26, 2007, shows ten (10) lots bordering the aforementioned two (2) lots. The ten (10) lots of the proposed subdivision range in size from 17,300 square feet to 26,995 square feet in size with the largest lot having the smallest boundary adjacent to Tamara Place Subdivision. Policy 6.4, Land Use Goals within the Land Use chapter of the 2007 Eagle Comprehensive Plan indicates that Eagle should preserve the rural transitional identity. Policy 6.6, Land Use Implementation Strategies, describes that design treatments should be utilized to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping, or other methods as determined through the development review process. To provide for a transition from the larger lots located within Tamara Place Subdivision to the east the applicant should provide a revised preliminary plat showing six (6) lots adjacent to the eastern boundary with the minimum lot size of each lot to be 35,000 square feet in size prior to submitting a design review application. The applicant should also provide a landscape plan showing buffering to the adjacent properties to the east and west to be reviewed and approved by the Design Review Board prior to submitting a final plat application. · The preliminary plat date stamped by the City on April 26, 2007, shows the lots located at the corners of Desoto Way and Adonai Drive ranging in size from 17,686 square feet to 20,193 square feet. Per Eagle City Code all lots with street side frontage shall have a minimum lot area that is 10 percent larger than the minimum lot size within the respective zoning designation. The minimum lot size for the R-2 zone is 17,000 square feet. The applicant should provide a revised preliminary plat showing the lots located at the corner of Desoto Way and Adonai Drive to be a minimum of 18,700 square feet in size prior to submitting a final plat application · The preliminary plat date stamped by the City on April 26, 2007, shows Adonai Drive providing an access point from Beacon Light Road approximately 108-feet west of the eastern boundary. Beacon Light Road is designated as a Minor Arterial on the Ada County Page 12 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf..doc Functional Street Classification Map. Adonai Drive bisects the development and provides an additional access point to the west approximately 345-feet north of the southern boundary. Desoto Way will provide a connection from the southern boundary to Adonai Drive. The preliminary plat shows a forty-foot (40') wide common lot adjacent to Beacon Light Road for the construction of a buffer area. Eagle City Code Section 8-2A-7 (J)( 4 )(b) requires the installation of a buffer area adjacent to minor arterials to be a minimum of fifty feet (50') wide abutting the road right-of-way. The applicant should provide a revised preliminary plat showing the common lots adjacent to Beacon Light Road to be a minimum of fifty feet (50') wide prior to submitting a design review application. · The Eagle Sewer District provided correspondence date stamped by the City on March 20, 2007, indicating that the property has not been annexed into the District. The property will be required to be annexed into the Eagle Sewer District's boundaries prior to the City accepting a final plat application for the site. A letter of approval shall be provided to the City from the Eagle Sewer District approving the final construction plans prior to the City Clerk signing the final plat. · The Pressurized Irrigation Analysis date stamped by the City on March 15, 2007, for Lockey and Tabasco Trail Estates Subdivisions states that the pressurized irrigation system will be a combined system between June Lockey Subdivision, Tabasco Trail Estates, and Lingel (Adonai) Subdivision, to create a common pressurized system. The narrative goes on to describe that a Joint Water Association will be formed for the three developments and will be owned by the homeowner's association. It further states the Joint Water Association will hire an operator for maintenance and operation of the system. Staff has not received any documentation formalizing a "Joint Water Association" that will serve as the controlling body for the irrigation system. To ensure that the pressurized irrigation system will be owned and operated by the property owners of the three developments, the applicant should provide language in the CC&R's and an operation and maintenance manual that also provides a funding mechanism for the replacement of pumps. The applicant should also provide a formalized agreement for a Joint Water Association system to be submitted at the time of application for final plat approval. · The narrative provided by the applicant indicates that the June Lockey, Tobasco Trail Estates, and Dwayne Lingel (Adonai) Subdivisions are being coordinated as a master plat that creates transitional flow and joint amenities for all three developments. The applicant should provide a formalized agreement for a Joint Homeowner's Association for June Lockey, Tobasco Trail Estates, and Dwayne Lingel (Adonai) Subdivisions for the operation and maintenance of the common areas. The formalized agreement shall be submitted at the time of application for final plat approval. · The preliminary plat date stamped by the City on April 26, 2007, shows a street section for Adonai Drive and Desoto Way with the sidewalks located outside of the public right of way. The applicant should provide a copy of the public access easement granted for the sidewalks located outside of the right of way prior to the City Clerk signing the final plat. · The preliminary plat date stamped by the City on April 26, 2007, shows roadway cross section details showing the sidewalks to be located within the required utility and drainage easements adjacent to the street. Eagle City Code 9-3-6 requires that all utility easements should be unobstructed. The applicant should provide a revised preliminary plat and roadway cross section showing a minimum easement width of twelve feet (12') feet with a Page 13 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf..doc minimum ten feet (10') of unobstructed easement width adjacent to the sidewalk prior to submitting a final plat application. · The preliminary plat date stamped by the City on April 26, 2007, does not show a roadway cross section detail for Beacon Light Road. The City of Eagle Pathway Map shows a proposed bike lane to be located on Beacon Light Road. The applicant should provide a revised preliminary plat showing a roadway section with a bike lane located adjacent to Beacon Light Road prior to submitting a design review application. STAFF RECOMMENDATION PROVIDED WITIllN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested Annexation, Rezone with development agreement, and Preliminary Plat with conditions as provided within the staff report for both the development agreement and the subdivision site specific conditions and standard conditions of approval. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 7, 2007. The Commission continued the item to May 21,2007, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one (I) individual who was the original developer of Shaunessy (Park Place Gardens) south of this development. The individual indicated that the proposed subdivision provides good transitioning and that the development will provide sidewalks and pathways for residents to move through the area safely. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by six (6) individuals who expressed the following concerns regarding the development: I. Lack of transitioning of lot sizes 2. Lack of appropriate buffering from the adjacent properties 3. Proposed density is inappropriate for the area 4. Residents within the subdivision will create additional traffic on adjacent roadways 5. Pressurized irrigation and water rights has not been properly addressed 6. Children from the development will be required to walk to school on Park Lane where there are currently no sidewalks COMMISSION DECISION REGARDING THE REZONE: The Commission voted 5 to 0 recommend approval of A-05-07 and RZ-06-07 for an annexation and rezone from RUT to R-2-DA with the following staff recommended conditions to be placed within a development agreement: 2.1 The maximum overall density of the property shall not exceed 1.60 units per acre. 2.2 The Concept Plan (Exhibit A) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur or be required. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. Page 14 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub prl.doc 2.3 The development shall comply with the Eagle City Code, as it exists in final form at the time a design review application is made, including compliance with all ofthe conditions as provided within this development agreement. COMMISSIONS DECISION REGARDING THE PRELIMINARY PLAT: The Commission voted 5 to 0 to recommend denial of PP-08-07 for a preliminary plat for June Lockey Subdivision for Lakeside Capitol Group, LLC. A favorable recommendation could be provided if the following concerns were addressed: · Provide a revised preliminary plat showing a reduction of lots adjacent to the east and west property boundaries providing a transition to the adjacent properties and creating less density within the development. · Provide a revised preliminary plat showing additional landscape buffering adjacent to the west subdivision boundary lines to provide a buffer to the adjacent properties. · Provide a revised preliminary plat showing a roundabout to be located at the intersection of Adonai Drive and DeSoto Way. CONCLUSIONS OF LAW: I. A Neighborhood Meeting was held in compliance with the application submittal requirement of Eagle City Code at 6:00 PM, March 9, 2007, at 3664 W. Tobasco Trail Lane, Eagle in compliance with the application submittal requirements of Eagle City Code. The applications for this item were received by the City of Eagle on March 14,2007. A revised preliminary plat application was received by the City of Eagle on April 30, 2007. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on April 19, 2007. 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 April 16,2007. The site was posted in accordance with the Eagle City Code on April 20, 2007. Requests for agencies' reviews were transmitted on March 16, 2007, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed annexation and rezone (A-05-07/RZ-06-07) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed annexation and rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R-2-DA (Residential-l.6 units per acre with a development agreement) is consistent with the Residential Two designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA (Residential-1.6 units per acre with a development agreement) zone is compatible with the RUT (Residential Urban Transition - Ada County designation) zone and land uses to the east and west since these areas are designated Residential Two in the Comprehensive Plan and are either proposed to be developed in the same manner (Dwayne Lingel <Adonai) Subdivision) or could be developed in the same manner at a later date, and; d. The proposed R-2-DA (Residential-1.6 units per acre with a development agreement) is compatible with the R-E (Residential-Estates - up to one unit per two acres) zone and Rl (Residential - Ada County designation) zone and land uses to the south since these areas are Page 15 of 16 K:\Planning DeptlEagle ApplicationslSUBS\2007\Lockey Sub pzf.doc designated Residential Two in the Comprehensive Plan and are either proposed to be developed in the same manner (Tobasco Trail Estates Subdivision) or could be developed in the same manner at a later date, and; e. The proposed R-2-DA (Residential-l.6 units per acre with a development agreement) zone is compatible with the RUT (Residential Urban Transition - Ada County designation) zone and land use to the north since Beacon Light Road is a minor arterial and a fifty foot (50') wide landscaped berm will separate this property from those areas, and; f. The land proposed for rezone is not located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan; and g. As stated in the Development Agreement, the applicant will remove all existing structures on the site. Therefore, no non-conforming uses are expected to be created with this rezone. 4. The Commission reviewed the particular facts and circumstances of the preliminary plat (PP-08-07) and based upon the information provided concludes that the preliminary plat is not in accordance with the general objectives or with any specific objective of the Comprehensive Plan since the proposed layout of the subdivision did not show a transition in lot size from the adjacent properties. The Commission also indicated the applicant should provide additional buffering on the east and west boundaries to make the proposed development more compatible with existing development. DATED this 4th day of June, 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho _C2- ATTEST: ~1.Q~~~ Sharon K. Bergmann, Eagle City C erk ................... ,., G /'I.GL b --, "G~ <:: " "0." ....... ." ~ .- -. 1# $ ~,. o~"'T~ ...... ~ $1-.: ~ .. \ = .....: oQ:: , -\ : . U. 0 . ~.~! 0 . : : u , b.....y-. ~ : :. G_t.... Q. , -:.. e. cV "l4.I" ~ ~ . .... ~ .,. ^ .. ~ -./NCOIlVO"e.- ~ ~ "'##. ........ ~ ,~ ~"" $1' A T~ ~.,,'.. '"".......'" Page 16 of 16 K:\Planning DeptlEagle ApplicationsISUBS\2007\Lockey Sub pzf.doc