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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)] Page 1 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001 \McKay Sub. pzf.doc 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 Page 2 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001\McKay Sub. pzf.doc 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. Page 3 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001\McKay Sub. pzf.doc 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 Page 4 of 11 K:\Planning Dept\Eagle Applications\SUBS\200 1 \McKay Sub. pzf.doc 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: Page 5 of 11 K:\Planning Dept\Eagle AppIications\SUBS\2001\McKay Sub. pzf.doc 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 Page 6 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001\McKay Sub. pzf.doc (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. Page 7 of 11 K:\Planning Dept\Eagle AppIications\SUBS\2001\McKay Sub. pzf.doc 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 Page 8 of 11 K:\Planning Dept\Eagle Applications\SUBS\200 1 \McKay Sub. pzf.doc 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. Page 9 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001\McKay Sub. pzf.doc 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 Page 10 of 11 K:\Planning Dept\Eagle AppIications\SUBS\2001\McKay Sub. pzf.doc 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 Page 11 of 11 K:\Planning Dept\Eagle Applications\SUBS\2001\McKay Sub. pzf.doc