Findings - PZ - 2000 - PP-13-00 - Preliminary Plat For Williamsburg Subd/Benchmark/Phase 11 Lex Hills
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A PRELIMINARY PLAT FOR WILLIAMSBURG
SUBDIVISION
)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-13-00
The above-entitled rezone application came before the Eagle Planning and Zoning Commission
for their recommendation on October 16, 2000. The Eagle Planning and Zoning 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:
Marty Camberlango is requesting preliminary plat approval for Williamsburg
Subdivision, a re-subdivision of Benchmark Subdivision, (formerly Phase 11 of
Lexington Hills Subdivision and Morning Meadows Manufactured Home
project). The 9.83-acre, 61-lot subdivision is located approximately Y2 mile north
of Floating Feather Road, abutting Hwy 55 on the west and Horseshoe Bend Road
on the East.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 17, 2000.
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 September 30,2000. 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 September 29,2000. Requests
for agencies' reviews were transmitted on August 24,2000, in accordance with
the requirements of the Eagle City Code.
D.
HISTORY OF PREVIOUS ACTIONS:
On August 26, 1997, the Eagle City Council approved the final plat (FP-4-97) for
Lexington Hills Subdivision Phase II(also known as Benchmark Subdivision).
The staff report for this item is attached.
On March 25, 1999, the Eagle Design Review Board approved the design review
(DR-23-97) for a 56-space manufactured home park as part of Lexington Hills
Subdivision Phase 11.
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E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNA TION
Existing Residential Three R-2-P (Residential) Partially improved
subdivision
(up to 3-units per acre)
Proposed No Change R-2-P (Residential) Residential
North of site Residential Estates (up R-E (Residential Estates) Residential
to I-unit per 2-acres) &
Residential Two (up to
2-units per acre)
South of site Residential Four (up to R-4 (Residential) Residential
4-units per acre)
East of site Not in Eagle Area of Ada County Designations: Skateboard Park &
Impact C-2 (Commercial) and RR sal vage yard
(I-unit per 10 acres max.)
West of site Residential Three (up R-2-P (Residential) Residential
to 3-units per acre)
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 9.83-acres
Total Number of Lots - 61
Residential - 58
Commercial - 0
Industrial - 0
Common - 3 (llot is for a private road)
Total Number of Units - 58
Single-family - 58
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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ADDITIONAL SITE DATA PROPOSED REQUIRED
Dwelling Units Per Gross Acre 5.90-units 7 -units per acre maximum
(per Lexington Hills PUD
approval)
Minimum Lot Size 4,200 S.F. To be determined by
Council
Minimum Lot Width 42-feet To be determined by
Council
Minimum Street Frontage 26-feet 35-feet
Total Acreage of Common Area 1. 17-acres .98-acres
Percent of Site as Common Area 11.88% 10%
1.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
To date, a landscape plan has not been submitted for this current project.
Eagle City Code Section 8-2A- 7 (J)(4)(a) requires a minimum 35-foot wide
landscape buffer area between urban collectors and new residential developments.
This would apply to the area abutting Horseshoe Bend Road
In addition, Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot
wide landscape buffer area between principal arterials/freeways and new
residential developments. This would apply to the area adjacent to State Highway
55.
Berming, fencing and landscaping details are required for Design Review Board
review and approval prior to City approval of a final plat
Open Space:
The applicant is proposing approximately 1.17 -acres for open space. A portion of
the space is to accommodate storm water runoff from the private streets. It does
not appear that any amenities for usable space are proposed at this time.
Storm Drainage and Flood Control:
The applicant as required by the Subdivision Ordinance will have to submit street
drainage plans. 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
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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 may be required by the Eagle Fire
District.
On-site Septic System: No (A sewer system was previously installed within the site).
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site that would be
required to be preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site that 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:
24-foot wide private roadways for a portion of the subdivision were previously
approved and constructed with the Benchmark subdivision. The remainder of the
improvements should be completed prior to the issuance of any building permits
within that phase.
Applicant's Justification for Private Streets:
None provided. The roadways within this site were previously approved as
"driveways" as a part of the Benchmark Subdivision since they did not provide
access to properties of separate ownership. The roadways will have to meet the
findings for private streets as outlined in ECC Section 9-3-2-5 since they will be
providing access to properties under separate ownership (as indicated with this
proposed preliminary plat).
Blocks Less Than 500': none
Cul-de-sac Design:
The cul-de-sac is approximately 140-feet long and terminates at a semi-circular
turnaround with a 45-foot radius within 50-feet right-of-way.
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Sidewalks:
4-foot wide sidewalks have been constructed abutting that portion of the private
roadway previously built. Sidewalks are proposed for the remainder of the private
roadway to be constructed. Also, the Ada County Highway District is requiring
the applicant to construct a lO-foot wide asphalt pathway on Horseshoe Bend
Road abutting the parcel.
Curbs and Gutters:
The design for curbs and gutters shall meet those standards as set forth by the City
Engineer for the interior streets not yet constructed.
Lighting:
Lighting for the proposed 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 name approval by the Ada County Street Names Committee has been
received. However, one street is required to be renamed due to duplication and
shall be renamed prior to City Clerk signature of the final plat.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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 - none
Evidence of Erosion - no
Fish Habitat - no
Floodplain-no
Mature Trees - no
Riparian Vegetation - no
Steep Slopes - yes, abutting Horseshoe Bend Road and State Highway 55.
Stream/Creek: no
Unique Animal Life - unknown
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Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife Habitat - unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF
REQUIRED): Not required
P.
AGENCY RESPONSES:
City Engineer: The Engineer's letter dated August 22, 2000 states there are no
engineering issues remaining as the plans were previously approved with the Benchmark
Subdivision. (see attached).
Ada County Highway District
Ada County Street Name Committee
Central District Health
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Q.
LETTERS FROM THE PUBLIC: None received to date.
R.
GENERAL STANDARDS FOR APPROVAL OF PRIV ATE STREETS
SECTION 9-3-2-5 (A) General Standards: Private streets may be permitted if the
Council determines that the private street is in compliance with each of the following
standards:
1. Unique or special circumstances exist with respect to the proposed use, design,
location, topography, or other features of the development or its surroundings
such that private streets will serve to enhance the overall development;
2. The private street provides safe and effective movement of both vehicular and
pedestrian traffic;
3. The private street provides adequate access for service and emergency vehicles;
4. The private street does not adversely affect access or good transportation planning
to adjacent property and to the area travel networks;
5. The private street does not landlock adjacent property due to topography or parcel
layout;
6. Other than to provide emergency access, the private street does not connect one
public street to another, encouraging travel through the development served by the
private street;
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7. The use or alignment of the private street does not interfere with the continuity of
public streets; and
8. An appropriate mechanism has been established for the repair and maintenance of
the private street, including provisions for the funding thereof.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Chapter 6 - Land Use
6.7 - Implementation Strategies
p. Encourage a variety of housing through such mechanisms as PUD's in
subdivisions including large lot subdivisions.
Chapter 10 - Housing
10.2 - Goal
Encourage a variety of housing so that all residents can choose sound, affordable
homes that meet indi vidual needs.
10.3 - Implementation Strategies
a. A wide diversity of housing types and a choice between ownership and
rental dwelling units will be encouraged for all income groups.
B.
ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 8-2A-7 (J)(4)(a)
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
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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:
a. Any road designated as an urban or rural collector on the AP A Functional Street
Classification Map:
A minimum of thirty five feet (35') 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: four (4) shade trees, five (5) evergreen 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
(1') 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, an
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 thirty five foot (35') wide buffer noted
above.
.
Section 8-2A-7 (J)(4)(c)
Any road designated as a principal arterial on the AP A Functional Street
Classification Map and/or any freeway or expressway:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4)
flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree
may be substitusubstitusubstitusubstitung/ornamental trees, provided that not
more than fifty percent (50%) of the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') 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
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area. The maximum slope for any berm shall be three feet (3') horizontal distance
to one foot (1') 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 ten foot (10') minimum height requirement for the berming/fencing shall be
permitted to be decreased one foot for every thirteen feet (13') of additional buffer
area added to the seventy five foot (75') wide buffer noted above. (Ord. 328, 8-11-
1998)
c.
SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
Section 9-3-2-5 (B) (4)
All private streets shall, during the progress of construction, be inspected and
tested, at the expense of the owner or developer, by a qualified inspector in order
to ensure compliance with the construction and design standards set forth in this
Section, the construction drawings as prepared by the registered professional
engineer, and good engineering and construction practices. Reports of such
inspections and tests shall be submitted, together with a certification of such
compliance, for the review and approval by the City Engineer. An informational
copy of the report shall be provided to ACHD.
.
Section 9-3-2-5 (C) (1)
A plan and schedule for the future repair and maintenance of the private street and
drainage facilities for the period of the expected lifetime thereof and a cost
estimate thereof prepared by a licensed professional engineer in the State, together
with a proposed method for funding the same, including, but not limited to, the
creation and maintenance of a reserve fund for that purpose, shall be submitted to
the City Council for review and approval prior to execution of the final plat by the
City.
.
Section 9-3-2-5 (C) (2)
The location of the private street shall be clearly depicted on the face of the plat
and notes shall be included on the face of the plat which shall:
a. Act to convey to each lot owner within the subdivision to be served by the
private street the perpetual right of ingress and egress over the described
private street;
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b. Provide that such perpetual easement shall run with the land; and
c. Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other
entity cannot be dissolved without the express consent of the City.
.
Section 9-2-3-5 (C) (3)
A restrictive covenant for repair and maintenance of the private street shall be
recorded at the time of recording the plat which said covenant shall create a
homeowners'/property owners' association or substantially similar entity and make
provision for the perpetual maintenance of the private street in accordance with
the approved plan as provided for in subsection Cl of this Section. Said restrictive
covenant shall also provide that the said covenant shall run with the land and that
the said covenant cannot be modified and that the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the
City. The said restrictive covenant shall be reviewed and approved by the City
Attorney prior to certification and signing of the final plat by the City Engineer.
D.
DISCUSSION:
.
When the City Council approved the Lexington Hills Planned Unit Development
(PUD), conditional use, preliminary plat and rezone, this phase was shown as a
"Future Mobile Home Area" to be built out at 7 dwelling units per acre. (The
applicant is proposing 5.9 dwelling units per acre). A condition within the March
18, 1991 Council Findings for the Lexington Hills PUD states, "Mobile Home site
(shall) be addressed before Council prior to approval of a final plat; Council
reserves a decision on this portion of the project."
.
This site was previously approved as a one-lot subdivision (Benchmark
Subdivision) and was partially constructed with the intent to lease building
"spaces" for single family residence manufactured homes. The difference
between the previously approved 56-space manufactured home project/one lot
subdivision and this proposed 58-lot subdivision is that the lots within this
development may be sold to homeowners. Formerly, the spaces could only be
leased and individual ownership of the space occupied by the home was not
possible.
.
A 6-foot high (approx.) cedar fence was previously constructed around the
perimeter of this site without prior City approval of a design review application.
As noted by past City actions regarding fences in buffer areas (ie. Lexington Hills
East, Brookwood, Feather Nest Estates, The Colony, Great Sky Estates, Banbury
Meadows) the City has limited fencing styles to vinyl, block, cultured stone, etc.,
and has not approved "dog eared" cedar fences. Further, ECC Section 8-2A- 7
(J)(4)(a,b,c) states in part that a berm, panelized vinyl fence, decorative block wall
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or cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. This section clearly
excludes cedar fences.
In addition, the applicant should provide a landscape plan showing berming,
fencing, and planting details within the required 35-foot and 75-foot wide buffer
areas required along the roadways abutting this site for review and approval by the
Design Review Board prior to City approval of a final plat. The buffers should be
shown on the preliminary plat either as common lots or as easements.
ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval provided below and the
standard conditions of approval provided in the staff report..
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all remaining applicable requirements of the City Engineer.
2.
Provide a revised preliminary plat showing all lots having a minimum of 35-feet of street
frontage, specifically Lots 24 and 42.
3.
A private street review fee is required to be paid to the City and all private street
construction plans are required to be submitted to the City, prior to the City processing
the final plat application. The private street application fee is $1,225.00 based on the
proposed street being 2,170-feet in length.
4.
Place a note on the final plat stating that all lots shall have perpetual public ingress/egress
access over the private road to the public streets.
5.
Provide an informational copy of the private street inspections and tests for review and
approval by the City Engineer prior to the City Engineer signing the final plat.
6.
Provide the plan and schedule for the future repair and maintenance of the private streets
and drainage facilities for review and approval by the City Engineer prior to the City
Clerk signing the final plat.
7.
Place a note on the final plat stating that this subdivision shall comply with all applicable
provisions of the Lexington Hills Planned Unit Development previously approved by the
City of Eagle.
8.
Provide documentation showing how this development will remain under the control of
the Lexington Hills Homeowners Association (as required as part of the approval for
Lexington Hills PUD, Eagle City Code, and Idaho Code).
9.
Provide a revised street name list from the Ada County Street Name Committee
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approving all of the proposed names. Those names shall be stated on the plat prior to the
City Clerk signing the final plat.
10.
Submit plans for Design Review delineating the required 35-foot wide landscape buffer
along the eastern boundary of the site (or submit a letter to the City requesting Design
Review approval for an alternate method of compliance), prior to the City Clerk signing
the final plat.
11.
Submit plans for Design Review delineating the required 75-foot wide landscape buffer along
the western boundary of the site (or submit a letter to the City requesting Design Review
approval for an alternate method of compliance), prior the City Clerk signing the final plat.
12.
Provide a 5-foot wide buffer strip along the entire southern boundary of the site.
13.
Submit plans for Design Review Board review and approval establishing usable
amenities for the proposed open space prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
October 16, 2000, at which time testimony was taken and the public hearing was closed. 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 no one..
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning
Commission by no one.
COMMISSION DECISION:
I. The Commission recommended denial (4 aye, one absent) of PP-13-00 for a
Preliminary Plat for Williamsburg Subdivision because the subdivision does not meet
the required landscape buffers along both new and old State Highway 55.
2. To gain approval the Commission suggests that the subdivision include a minimum of
75 feet of buffer along new State Highway 55 and the required 35 feet along old State
Highway 55 may be met with an alternate method of compliance.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 17, 2000.
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
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Eagle City ordinances on September 30, 2000. 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 September
29,2000. Requests for agencies' reviews were transmitted on August 24,2000 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-13-00) and based upon the information provided recommends denial
because:
a. The subdivision does not meet the required landscape buffers along both new and old
State Highway 55.
DATED this ~th day of November, 2000.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
a Co nty, daho
ATTEST:
»C"'~Q --
"-
Sharon Smith, Eagle City Clerk
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