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Findings - PZ - 2013 - RZ-10-06 MOD & PP-11-06 - Modif To Da/Pp Associated With Countryland Subd/17 Lot/6.6 Acre/2556 W. State Street BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A DEVELOPMENT AGREEMENT ) MODIFICATION AND PRELIMINARY ) PLAT MODIFICATION FOR COUNTRYLAND ) SUBDIVISION FOR JAL INVESTMENTS LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-10-06 MOD AND PP-11-06 MOD The above-entitled development agreement modification and preliminary plat modification applications came before the Eagle Planning and Zoning Commission for their recommendation on February 4, 2013. 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: JAL Investments LLC, represented by Scott Noriyuki with Northside Management, is requesting modifications to the development agreement and preliminary plat associated with Countryland Subdivision a 17-lot (13 buildable, 4 common) residential subdivision. The 6.6-acre site is generally located 1/4 mile west of Ballantyne Road and 1/4 north of State Highway 44 at 2556 W. State Street. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, Monday, October 29, 2012, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on November 27,2012. 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 January 14, 2013. 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 January 15, 2013. Requests for agencies' reviews were transmitted on December 7, 2012 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 23,2013. D. HISTORY OF PREVIOUS ACTIONS: On January 9, 2007,the Eagle City Council approved a comprehensive plan amendment, annexation, rezone with development agreement and a 16-lot preliminary plat for Countryland Subdivision(CPA-03-06/A-09-06/RZ-10-06/PP-11-06). On February 12, 2008,Eagle City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2009(PP-11-06 EXT). On October 28, 2008,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2010 (EXT-18-08). Page 1 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf.doc On January 26, 2010,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2011 (EXT-01-10). On January 25, 2011,the City Council approved an extension of time application for Countryland Subdivision to be valid until January 9, 2012 (EXT-01-11). E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One(up to R-2-DA (Residential with a Existing house and one dwelling units per Development Agreement outbuildings(proposed acre maximum maximum of 1.82 units per Countryland Subdivision) acre) Proposed Transitional Residential R-2-DA (Residential with a One(1)additional Development Agreement residential lot to the maximum of 1.97 units per proposed Countryland acre) Subdivision North of site Residential One(up to R-1 (Residential) Redwood Creek one dwelling units per Subdivision acre maximum South of site Residential One(up to RUT(Ada County Single-family dwellings one dwelling units per Designation) acre maximum East of site Residential Two(up to R-2(Residential) Countryside Estates Two dwelling units per Subdivision acre maximum) West of site Residential One(up to R-1 (Residential) Timberland Subdivision one dwelling units per acre maximum G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA,DSDA,or CEDA. H. SITE DATA: Total Acreage of Site—6.6-acres Total Number of Lots— 17 Residential— 13 Commercial—0 Industrial—0 Common—4 Total Number of Units- Single-family— 13 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Page 2 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.97-units per acre Two units per acre maximum Minimum Lot Size 12,910-square feet 17,000-square feet Minimum Lot Width 92-feet 75-feet Minimum Street Frontage 41-feet 35-feet Total Acreage of Common Area .78-acres(33,997-square feet) 28,750-square feet minimum Percent of Site as Common Area 11.8% (excludes planter strips) 10%minimum GENERAL SITE DESIGN FEATURES: The general site design features were approved with the original preliminary plat associated with Countryland Subdivision. The applicant's request is to add one (1) additional lot to the previously approved subdivision. The proposed modifications are in conformance with the Comprehensive Plan and Eagle City Code in regard to allowed density. The applicant will also be required to comply with the previously approved Countryland Subdivision conditions of approval with the exception of those being modified. 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 may be required by the Eagle Fire District. J. STREET DESIGN: Public Streets: In the original application the applicant proposed to connect W. Skywood drive east/west through the site from the existing street stubs in Countryside Estates and Timberland Subdivisions. One cul-de-sac is proposed to be constructed midway at 435-feet (approximately) in length and end within a 50-foot radius turn-around. An approximately 230-foot cul-de-sac with a stub street to the south is proposed to allow for the future redevelopment of the adjacent parcel. The street was originally proposed to be constructed with nine foot(9')wide landscape strips and five foot(5')wide separated sidewalks on both sides of the roadway except in the cul-de-sac where a five foot(5')attached sidewalk is shown. Applicant's Justification for Private Streets(if proposed):None proposed,none permitted Blocks Less Than 500': None Cul-de-sac Design: The roadway serving the subdivision consists of one(1)cul-de-sac proposed to be constructed at 435-feet(approximately) in length and end within a 50-foot radius turn- around. An approximately 230-foot stub street is proposed to the south to allow for the future redevelopment of the adjacent parcel. Page 3 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf doc Sidewalks: A five foot(5')wide detached concrete sidewalk with a 9-foot(9')planter strip is proposed throughout the development except in the cul-de-sac where a five foot(5') attached sidewalk is shown. Curbs and Gutters: Curbs and gutters, which meet Ada County Highway District standards, are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Name Committee prior to the submittal of a final plat application. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: Pedestrian circulation will utilize the proposed detached sidewalks connecting this development with the development to the east (Countryside Estates) and west (Timberland). L. PUBLIC USES PROPOSED: None proposed M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—none Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees — yes — in proximity to the existing structure located at the northwest corner of the property Riparian Vegetation—no Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN:Not required P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The City has received a letter from the Central District Health Department stating the need for connection to central water and waste water services. The site is annexed into the Eagle Sewer District and the developer will be required to connect the development to the Districts sewer line. The project site is located within United Water's certificated service area. Page 4 of 10 K-\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf.doc Q. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists. R. NON-CONFORMING USES: The subject site currently has a shop located within five feet (5') of the proposed interior side lot line and within required 30-foot front setback. The structure, if not removed, would result in a non-conforming use. S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the engineer's letter dated January 30, 2013 are of special concern (attached to the staff report). Central District Health — Indicated that central water and central sewer will be required. The correspondence also indicated that infiltration beds for storm water disposal are considered shallow injection wells and that an application and fee will need to be submitted to the department for review and approval of the shallow injection wells. Chevron Pipe Line Company (CPL) — Indicated that CPL has no conflict with this application. Idaho Department of Lands —Indicated that the proposed development will not impact any State Trust Lands. Idaho Transportation Department (ITD) — Indicated that ITD has no objections to the proposed modifications. The correspondence also indicated that no new access to SH-44 is proposed or approved with this application. Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed development is located outside of their service area. Republic Services—No comment United Water of Idaho (UWI) — Indicated that United Water has reviewed the plans for water service and UWI has an eight inch (8') water main which runs through the property. T. LETTERS FROM THE PUBLIC (attached to the staff report): Carolyn Terteling provided correspondence on behalf of her son (Andrew Terteling), date stamped by the City on January 31, 2013, which indicated that Andrew resides in Timberland Subdivision and is not available to attend the hearing. Andrew is requesting that the trees and shrubs on the site be maintained in their current location. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Residential Transition Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing and proposed uses. Commonly requires changes to lot dimensions and scaling, see specific planning areas for a complete description. Page 5 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzfdoc 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 Requirements: Minimum Lot Area Maximum Lot (Acres Or Minimum Zoning Maximum Interior Street Covered F And Square Feet) Lot District Height Front Rear Side Side J* H* Width I* R-2 35' 30' 30' 10' 20' 40% 17,000 75'_. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2: Streets and Alleys: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet(50')of right of way including a landscape island with a minimum radius of ten feet(10'). A minimum of forty feet(40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • 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. Total easement width shall not be less than twelve feet(12'), except that lesser easement widths,to coincide with respective setbacks,may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet(12'), except that lesser easement widths,to coincide with respective setbacks, may be considered as part of the planned unit development. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The applicant is requesting a modification of the executed Development Agreement (Instrument No. 107108881) to address the addition of another residential lot to the originally approved Countryland Subdivision. E. DISCUSSION: • The applicant is requesting a development agreement modification and preliminary plat modification for Countryland Subdivision to allow for the addition of one (1) residential lot. The original approval of the development agreement and the preliminary plat allowed for 16-lots (12 buildable, 4 common). With the addition of one (1) residential lot the proposed subdivision will remain in conformance with the Comprehensive Plan and the R- Page 6 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf doe 2 (Residential up to two (2)units per acre)zoning designation. • Plat note #4 of the plat date stamped by the City on November 29, 2012, indicates that all lot lines common to public streets are designated to have a 10-foot wide permanent easement of public utilities, irrigation, and lot drainage unless otherwise dimensioned. The applicant should provide a revised preliminary plat which identifies the public utility, drainage, and irrigation easement located adjacent to the public right-of-way and rear lot lines should be 12-feet in width. The revised preliminary plat should be provided prior to the submittal of a final plat application. • Plat note #5 on the preliminary plat date stamped by the City on November 29, 2012, indicates that unless otherwise dimensioned that all lots are designated to have a five-foot (5') wide permanent easement on all interior lot lines for public utilities, irrigation, and drainage. The applicant should provide a revised preliminary plat which identifies the public utility, drainage, and irrigation easement to be a minimum of six-feet (6') in width adjacent to the interior side lot lines. The revised preliminary plat should be provided prior to the submittal of a final plat application. • Plat note #8 on the preliminary plat date stamped by the City on November 29, 2012, identifies Lot 1, Block 1, Lot 1, Block 2, and Lot 1, Block 3 as common lots to be owned and maintained by the Country land Subdivision Homeowner's Association. It is staffs understanding that Lot 12, Block 1, is also a common lot and may contain ACHD stormwater drainage facilities. The applicant should provide a revised preliminary plat that identifies all common lots and also provide a separate plat note that identifies which lots contain ACHD stormwater facility easements prior to the submittal of a final plat application. The revised preliminary plat should be provided prior to submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested development agreement modification and preliminary plat modification for Countryland Subdivision with conditions to be placed within a development agreement modification and subdivision site specific conditions of approval, all as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on February 4, 2013, 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 (1) individual (other than the applicant/representative) who indicated that the pressurized irrigation system associated with the proposed subdivision will be connected with the Timberland Subdivision pressurized irrigation system. The individual also indicated that the Timberland Homeowner's Association is in support of the proposed development. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by two (2) individuals who had concerns regarding the size of the lots proposed to be located adjacent to Redwood Creek Subdivision. D. Oral testimony neither in favor nor in opposition to this proposal was presented to the Planning and Zoning Commission by two (2) individuals who requested information regarding proposed changes to the pathway system, location of the children's play areas, and a request that the project not move forward until the Ballantyne Ditch Company approves the irrigation plan associated with their Page 7 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzf doc facilities. COMMISSION DELIBERATION: Upon closing the public hearing, the Commission discussed during deliberation that: • The request modifications are similar to the original approval for the subdivision. • The proposed lot sizes are in conformance with the minimum lot size requirements established with the executed development agreement. • The open space provides a benefit for the residents of the proposed subdivision. • The applicant has addressed the concerns of the irrigation company regarding the delivery of water for the proposed pressurized irrigation system. COMMISSION DECISION REGARDING THE REZONE MODIFICATION: The Commission voted 4 to 0 (Villegas absent) to recommend approval RZ-10-06 MOD for JAL Investments a modification to the Conditions of Development and associated exhibits for Countryland Subdivision, with the following staff recommend modified Conditions of Development. 2.1 The development shall contain no more that thirteen(13)residential units. 2.2 The development shall not exceed 1.97 units per acre. 2.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project(17-lot residential subdivision). 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. COMMISSION DECISION REGARDING THE PRELIMINARY PLAT MODIFICATION: The Commission voted 4 to 0 (Villeags absent) to recommend approval of a preliminary plat modification for Countryland Subdivision (PP-11-06 MOD) for JAL Investments, LLC, with the following staff recommended site specific conditions of approval as noted below: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-10- 06 and RZ-10-06 MOD. 2. Comply with all conditions of the preliminary plat application PP-10-06. 3. Comply with all requirements of the City Engineer. 4. The applicant shall submit payment to the City for all engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 5. Provide a revised preliminary plat which identifies the public utility, drainage, and irrigation easement located adjacent to the public right-of-way and rear lot lines shall be 12-feet in width. The revised preliminary plat shall be provided prior to the submittal of a final plat application. 6. Provide a revised preliminary plat which identifies the public utility, drainage, and irrigation easement as six-feet(6') in width adjacent to the interior side lot lines. The revised preliminary plat shall be provided prior to the submittal of a final plat application. Page 8 of 10 K\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzfdoc 7. Provide a revised preliminary plat that identifies all common lots and also provide a separate plat note that identifies which lots contain ACRD stormwater facility easements prior to the submittal of a final plat application. The revised preliminary plat should be provided prior to submittal of a final plat application. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held on-site from 6:00 PM, Monday, October 29, 2012, in compliance with the application submittal requirement of Eagle City Code. The applications for these items were received by the City of Eagle on November 27, 2012. 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 January 14, 2013. 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 January 15, 2013. Requests for agencies' reviews were transmitted on December 7, 2012 in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on January 23, 2013. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone modification (RZ-10-06 MOD) 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 applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested modification of the zoning designation R-2-DA is consistent with the Transitional Residential designation, the Goals and policies of the comprehensive plan and the amended 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 any and all uses allowed on this property under the proposed zone; c. The requested modification of the zoning designation of the R-2-DA is compatible with the R- 2 zone (two units per acre maximum) land use to the east because the use of transitional lots sizes provide a similar number of lots within this development; d. The requested modification of the zoning designation of the R-2-DA is compatible with the R- 1 zone (one unit per acre maximum) land use to the west because the use of transitional lots sizes provide a similar number of lots within this development;; e. The requested modification of the zoning designation of the R-2-DA zone is compatible with the RUT zone (Ada County Designation) land use to the south because if provides a similar opportunity for that parcel to develop at similar intensities; f. The requested modification of the zoning designation of the R-2-DA zone is compatible with the R-1 zone (one unit per acre maximum) land use to the north because the use of transitional lots sizes provide a similar number of lots within this development; and g. The land proposed for the rezone modification is not located within a "Hazard Area" or "Special Area"as described within the Comprehensive Plan; and h. No non-conforming uses are expected to be created with this rezone provided the Conditions of Development of the development agreement are complied with. 4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional use permit, preliminary development plan, and preliminary plat (PP-11-06 MOD) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Page 9 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pi'doe Comprehensive Plan and established goals and objectives because: a. The subdivision will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or Eagle City Code Title 9, as shown within the findings provided within this document and the proposed residential use is in accordance with the residential land use designation of this area shown within the Comprehensive Plan; b. The subdivision will be served adequately by essential public facilities such as streets, police and fire protection, schools, drainage structures, refuse disposal, and sewer; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services, as noted in the documentation provided from said agencies and as required as a part of the conditions of approval; c. That there are no known capital improvement programs for which this development would prevent continuity; d. That based upon agency verification and additional written comments of the Eagle Fire District and Eagle Sewer District, as conditioned herein, there is adequate public financial capability to support the proposed development; e. That any health, safety and environmental problems that were brought to the Commission and Council's attention have been adequately addressed by the applicant or will be conditions of approval as set forth within the conditions of approval herein. DATED this 19th day of February 2013 PI,' 1 IN t AND ZON N. COMMI` ION 6 THE CI OF EA C ' Ada Coun , Idaho /407/ a 'd Ai 1 tarte C .irman P A TEST: F H 1 �.Aa���y �l;.;�, 1. Sharon K. Bergmann, Eagle City Cler * : '" °°" * A SEALS S- srtaaan�°°to. Page 10 of 10 K:\Planning Dept\Eagle Applications\SUBS\2006\Countryland Sub MOD pzfdoc