Findings - PZ - 2001 - PP-11-01 - Pp Approval For Mckay Subd/124.3 Acre/112-Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR)
A PRELIMINARY PLAT FOR MCKAY )
SUBDIVISION FOR BRIGHTON CORPORATION)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-ll-Ol
The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission
for their recommendation on October 1,2001. 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:
Brighton Corporation, represented by Wardle & Associates, is requesting preliminary plat
approval for McKay Subdivision. The 124.3-acre, 112-lot (98-single family, 14-common)
residential subdivision is generally located on the northwest corner of Meridian Road and
ChIDden Boulevard.
B.
APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 2, 2001.
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 15,2001. 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 12, 2001. Requests for agencies' reviews were transmitted on August
3, 2001, in accordance with the requirements of the Eagle City Code.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS:
In July 2001, the Central District Health Department adopted new Nutrient Pathogen
guidelines for individual septic systems in new developments.
E.
COMPANION APPLICATIONS: A-6-01 & RZ-9-01 [Rezone upon Annexation from RUT- (Ada
County designation) to R-l (Residential- up to one unit per acre maximum)]
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F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential One (up to one RUT (Residential- Ada Residence/Agriculture
unit per acre max.) County designation)
Proposed No Change R-l (Residential) Residential Subdivision
North of site Residential Estates (up to RUT (Residential- Ada Residential Subdivision
one unit per two acres County designation)
maximum)
South of site Residential One (up to one Rl & RUT (Residential - Residential Subdivision &
unit per acre max.) & Not Ada County designation) Residence/Pasture
in Eagle Area of Impact
East of site Residential Estates (up to R-E (Residential) & RUT Residential Subdivision &
one unit per two acres (Residential - Ada County Residence/Pasture
maximum) & Residential designation)
One (up to one unit per
acre max.)
West of site Residential One (up to one Rl & RUT (Residential- Residential Subdivision &
unit per acre max.) and Ada County designation) Foxtail Public Golf Course
Public/Semi-public
G.
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA.
H.
SITE DATA:
Total Acreage of Site - 124.3
Total Number of Lots - 112
Residential - 98
Commercial - 0
Industrial - 0
Common - 14
Total Number of Units -
Single-family - 98
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 .79-units per acre I-unit per acre maximum
Minimum Lot Size 40,004 square-feet 37,000 square-feet
Minimum Lot Width 135-feet (approx.) 1O0-feet
Minimum Street Frontage 63-feet (approx.) 35-feet
Total Acreage of Common Area 3-acres O-acres
Percent of Site as Common Area 2.4% 0%
I.
GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
Eagle City Code Section 8-2A-7 (J)(4)(a) requires a minimum 35-foot wide landscape
buffer area between urban or rural collectors and new residential developments.
Eagle City Code Section 8-2A-7 (J)(4)(c) requires a minimum 75-foot wide landscape
buffer area between principal arterials and/or any freeway or expressway and new
residential developments.
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 to construct landscape islands located in each cul-de-sac and at
the intersections where Candor Street and Lindley Street meet with Meridian Road. The
required buffer areas along Meridian Road and Chinden Boulevard are proposed to be
located in common lots. These islands and buffer areas will provide a total of 2.4%
common area within 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 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as may be required by the Eagle Fire District.
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On-site Septic System (yes or no) - yes
Preservation of Existing Natural Features:
There are numerous existing trees located on this site. 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.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
J.
STREET DESIGN:
Private or Public Streets: Public
All roadways within the subdivision are proposed to be built as 36-foot street sections with
curb, gutter and 5-foot wide attached concrete sidewalks on either side within a 50-foot
wide public right of way. North Winward Avenue is to connect to the south with the
existing stub street from Foxtail subdivision.
Applicant's Justification for Private Streets (if proposed): None Proposed
Blocks Less Than 500': None
Cul-de-sac Design:
There are eight cul-de-sacs proposed for the subdivision. All cul-de-sacs are within the
maximum foot-length requirements (500-feet) and terminate within 50-feet of right-of
way.
Curbs, Gutters and Sidewalks:
Meridian Road abutting this parcel is currently not improved with any curb, gutter or
sidewalk.
Lighting:
Lighting for the proposed subdivision is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City approving the final
plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
K.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways have not been proposed within the subdivision.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
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L.
M.
N.
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
PUBLIC USES PROPOSED: None
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - no
Evidence of Erosion - no
Fish Habitat - no
Floodplain - no
Mature Trees - yes
Riparian Vegetation - no
Steep Slopes - no
Stream/Creek - no
Unique Animal Life - unknown
Unique Plant Life - unknown
Unstable Soils - unknown
Wildlife-unknown
O.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): A
complete environmental plan is not required.
P.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments,
which appear to be of special concern, are noted below:
City Engineer: All comments within the Engineer's letter dated August 20, 2001, are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Eagle Sewer District
Farmer's Union Ditch Company Ltd.
Joint School District No.2
New Union Ditch Company
Q.
LETTERS FROM THE PUBLIC:
Letter from Dale Knittel, 7280 Winward Drive, dated September 24, 2001.
Letter from Pat McGavran, 795 River Heights Drive, dated September 26, 2001.
Petition signed by 86 individuals, date stamped September 27,2001.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A.
COMPREHENSIVE PLAN PROVISIONS, WillCH ARE OF SPECIAL CONCERN
REGARDING TillS PROPOSAL:
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B.
.
The Comprehensive Plan Land Use Map designates this site as Residential One, suitable
primarily for single-family residential development within areas that are rural in character.
Residential density of up to one dwelling unit per one gross acre may be considered by the
City for this area.
Chapter 12 - Community Design
12.1
Background and Vision
Community design is the organized fashion in which a community is developed in
order that a general mood or theme is established and maintained.
ZONING ORDINANCE PROVISIONS, WillCH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
On September 18, 2001, the Eagle City Council voted to adopt Draft Ordinance #378 (ZOA-
5-01) to require central water and sewer facilities in all zones exceeding one unit per two acres
(R-E).
.
Section 8-2A-7 (1)(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 berrning/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed berrning/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, 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
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(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.
c. Any road designated as a principal arterial on the APA 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 substituted with two (2)
flowering/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 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)
.
ECC 8-2-3 states in part that Agriculture (farming and pasturage) is prohibited in Residential
Districts
.
ECC 8-3-3 (F) Maximum Units Per Lot, states in part:
Any buildable lot conforming to this Title, with a zoning designation of A, A-R, R-E, R-l,
R-2, R-3, R-4 or R-5, shall be permitted a maximum of one single-family dwelling unit
per lot.
c.
SUBDIVISION ORDINANCE PROVISIONS WillCH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
.
ECC Section 9-3-6 (A) EASEMENTS, states in part:
Total easement width shall not be less than twelve feet (12').
.
ECC Section 9-4-1-9 C (1) PRESSURIZED IRRIGATION FACILITIES:
For any new subdivision and/or PUD, to be provided with a public water
system and containing more than four (4) lots, all residential dwelling units within such
subdivision shall be provided with a pressurized irrigation system to be served with
irrigation water unless a waiver, as outlined herein, is approved by the City Council.
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D.
DISCUSSION:
.
The Comprehensive Plan Land Use Map designates this site as Residential One (up to one unit
per acre maximum). The applicant is proposing .79-units per acre.
.
In July of 2001, the Central District Health Department adopted new guidelines for Nutrient
Pathogen studies and the approval for the use of individual septic systems. In conversations
with the CDHD, Eagle City staff has been informed that if the new criteria were applied to this
development, the subdivision lot sizes in all likelihood would fail to meet the minimum
requirements. Because the CDHD received an application for this development prior to the
adoption of the new criteria, the former criteria would apply unless the Eagle City Council
requires that this development comply with the new Nutrient Pathogen study requirements.
In addition, the recommendation for approval of Draft Ordinance #378 (ZOA-5-01) requires
all residential zoning districts exceeding one unit per two-acres to have centralized sewer and
water services. The application for this development was submitted prior to the action by the
City Council on Ordinance #378, and is proposing to use on-site individual septic systems.
While the former ordinance may apply in this situation (i.e. no requirement for central
services), this does not defray the importance of such issues as quality of life as well as
maintaining healthy aquifer and soil environments which are certainly affected with the
installation of septic systems instead of central sewer.
.
As is noted in the annexation and rezone application (A-06-01 & R-09-01) for this site, the
5.69-acre parcel located in the southeast corner of the site has multiple structures and an
assortment of equipment that, if they were to remain on-site, could facilitate an active farming
operation. Agricultural operations are prohibited in R-l zoning districts pursuant to Eagle
City Code Section 8-2-3, and therefore would constitute a non-conforming use upon
annexation and rezone.
In addition, the site consists of two single-family dwelling units located upon a single parcel,
which is also a non-conforming use within an R-l zoning district (ECC 8-3-3 (F». As stated
in the application for the preliminary plat, the portion of the site which is currently occupied
by the two residences (consisting of 5.69-acres) will retain the houses on site until such time as
that portion redevelops. On August 14, 2001, the City of Eagle received a transmittal from
Ada County Development Services concerning an application for a Temporary Living
Quarters permit for this site (01-57-AC). In a response letter to Ada County dated August 20,
2001, Eagle City staff, having already received the McKay Subdivision preliminary plat
application for this site, concluded that the City could not support the continuation of a use
that would become a non-conforming use upon annexation into the City. The Temporary
Living Quarters application has not been acted upon as of this date by the Ada County staff,
thus the two residences remain on-site.
Since the rezone request cannot be conditioned and since Eagle City Code requires that "no
non-conforming use will be created with this rezone", staff recommends that all non-
conforming uses be removed from site prior to the City considering annexing the property.
.
The applicant has submitted a plan which is essentially utilitarian in scope and lacking in
characteristics which create a viable and desirable neighborhood. The majority of the lots in
this development are rectangular with very little variation in size and shape. The street
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configuration most closely resembles a "spine" configuration with only slight meandering on a
few of the roadways and little outside connectivity. Meandering roads lend themselves to
create a development that provides a sense of flow with the land upon which it is situated;
varied lot sizes and shapes provide a variety of visual focal points abutting the roadway,
especially when larger front setbacks are incorporated.
Pedestrian walkways have not been proposed within the site, thereby creating instances where
walking to adjoining streets and neighborhoods is not an attractive alternative to driving.
Walkways are encouraged to alleviate car traffic from the roads and to enhance the sense of
community that connecting walking paths provide.
Many of the subdivisions recently approved by the City have incorporated detached
sidewalks with parkway strips to incorporate the installation of street trees. Parkway strips
with street trees provide relief to the stark stretch of roadway and offer a visual stimulus with a
sense of safety to encourage walking.
In short, this development should be encouraged to incorporate meandering streets, varied lot
sizes and shapes, and parkway strips with street trees. These elements are a few of the items
that may be considered essential to providing a desirable neighborhood and an investment in
the community.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, staff recommends denial of the preliminary
plat application.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on October
1,2001, 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 eighteen (18) individuals with concerns regarding the higher density that would be created with this
development; need for variety of lot sizes, meandering roads and open space; decrease in living
standards; installation of septic systems and detrimental effects on the environment; not enough water
to support additional development; increased traffic in the area and the poor condition of the
intersection of Meridian Road and ChIDden Boulevard; the need for a traffic signal at the intersection
of Meridian Road and Chinden Boulevard; stub street through Foxtail Subdivision should not be
connected; the need for more schools; and the decrease in safety for children.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual who felt this development should receive the same treatment as the Castlebury Subdivision
development recently approved in the near vicinity of this site.
D. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals who supplied information concerning traffic counts on Chinden Boulevard and
Meridian Road; data on school capacity and development; and nitrate studies regarding septic systems
and their effects on ground water. Written petition in opposition signed by 86 individuals, date
stamped September 27,2001.
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COMMISSION DECISION:
The Commission voted 4 to 0 (Franden absent) to recommend denial of PP-I1-0 1 for a
preliminary plat for McKay Subdivision for Brighton Corporation.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on August 2,2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on September 15, 2001. 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 12,2001. Requests for agencies'
reviews were transmitted on August 3, 2001, 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-ll-Ol) and based upon the information provided concludes that the proposed preliminary plat
application is NOT in accordance with the City of Eagle Title 9 (Subdivisions) because:
The parcels proposed for development have not been annexed into the City limits and are not zoned
appropriately to allow for the lot sizes and densities depicted on the preliminary plat.
If the City Council approves the annexation and rezone, the Commission recommends the following
items be included as conditions of the preliminary plat:
a. An internal roadway design consisting of meandering streets throughout the development.
b. Detached five-foot wide concrete sidewalks separated by five-foot wide parkway strips,
planted with trees abutting all internal roadways.
c. The development should be held to the Nutrient Pathogen Guideline criteria adopted by
the Central District Health Department in July of 2001. The Nutrient Pathogen Study
results for the site should be available for public review and comment.
d. The development should incorporate usable open space and amenities.
e. The development should incorporate varied lot sizes and shapes to provide variety and
character to the design.
f.
A traffic study should be submitted to review a possible access from the development onto
Chinden Boulevard and to suggest improvements such as a traffic signal and turn lanes at
the intersection of Meridian Road and Chinden Boulevard. A letter from the Idaho
Transportation Department approving the improvements should be required prior to the
approval of a preliminary plat.
g. The stub street connection (Winward Avenue) from this development to the Foxtail
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Subdivision should be designed to discourage cut-through traffic. If the Ada County
Highway District states in writing that Winward A venue does not need to extend through
this site, then the developer shall construct a cul-de-sac at the current northern terminus of
Winward A venue, with a paved pedestrian connection and emergency vehicle cross access
between Foxtail Subdivision and this development. "Grass Crete" construction materials
or similar product shall be utilized to facilitate the construction of the emergency vehicle
connection.
h. The development should include internal pedestrian pathways to encourage the alleviation
of car traffic from the roads and to enhance the sense of community that connecting
walking paths provide.
1.
A transition of lot sizes should be incorporated into the development to be more
compatible with abutting parcels.
DATED this 15th day of October 2001.
ZONING COMMISSION
GLE
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