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Findings - PZ - 2004 - PP-5-04 - The Shores Subd/130 Lot/99.70 Acre/707,781,799,807,844 & 1201 W. South Channel Rd OR\G\NAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A PRELIMINARY ) PLAT FOR THE SHORES SUBDIVISION FOR ROCKY ) RIDGE CONSTRUCTION DBA SOUTH CHANNEL LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER PP-S-04 The above-entitled preliminary plat application came before the Eagle Planning and Zoning Commission for their recommendation on July 6, 2004. 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: Rocky Ridge Construction dba South Channel LLC, represented by Steve Holt, P.E., with Toothman-Orton Engineering Co., is requesting preliminary plat approval for The Shores Subdivision, a 130-lot (92-buildable, 38-common) residential subdivision. The 99.70-acre development is located west of Eagle Road, at 707, 781, 799, 807, 844 & 1201 W. South Channel Road. B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on May 20, 2004. 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 June 21, 2004. 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 June 17, 2004. Requests for agencies' reviews were transmitted on May 2\, 2004, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On April 27, 1999, the City Council approved a rezone with development agreement of a portion of this site (RZ-8-98 - Jon Wroten property) from A (Agricultural) to R-2-DA (Residential - up to two dwelling units per acre with a development agreement). E. COMPANION APPLICATIONS: RZ-7-04 (Rezone from A (Agricultural) & R-2-DA Residential- up to two dwelling units per acre with a development agreement) to R-2-DA (Residential - up to two dwelling units per acre with a modified development agreement) V AC-I-04 (Vacation to the final plat of Two Rivers No. 8 Subdivision to remove an Ada County Highway District right-of-way) Page 1 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN WNING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to A (Agricultural) & R-2-DA Pasture & Residences two dwelling units per (Residential with development acre) & Floodway agreement) Proposed No Change No Change Residential Subdivision North of site Residential Two (up to A (Agricultural) & R-2-P Pasture & two dwelling units per (Residential PUD) Residencesrrwo Rivers acre) Subdivision PUD South of site Floodway & R-2-P (Residential PUD) South Channel of the Residential Two (up to Boise River & two dwelling units per Streamside Subdivision acre) PUD East of site Residential Two (up to R-2-P (Residential PUD) South Channel of the two dwelling units per Boise River & acre) Streamside Subdivision PUD West ofsite Floodway & A (Agricultural) & R-2-P Banbury Meadows Residential Two (up to (Residential PUD) Subdivision PUD & two dwelling units per Pasture acre) G. DESIGN REVIEW OVERLAY DISTRICT: Not located within the CEDA, DDA or TDA. H. SITE DATA: Total Acreage of Site - 99.70-acres Total Number of Lots - 130 Residential - 92 Commercial - 0 Industrial - 0 Common - 38 Total Number of Units - 92 Single-family - 92 Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc ADDITIONAL SITE DATA PROPOSED REQUIRED Dwelling Units Per Gross Acre 1.03-units per acre* 2-units per acre maximum (.92-units per acre) Minimum Lot Size 17,093-square feet 17,OOO-square feet Minimum Lot Width U8-feet 75-feet Minimum Street Frontage 35-feet 35-feet Total Acreage of Common Area 32.31-acres 9.97-acres (minimum) Percent of Site as Common Area 32% 10% (minimum) *Designates data based on the exclusion of the floodway (1O.5-acres). Data in parentheses denotes inclusion of the floodway for comparison only. I. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 32% of common area which consists mainly of waterways, a community/recreation center and pathways. The waterways are multifunctional and intended to serve as open space amenities, measures for floodplain storage, and irrigation purposes. The applicant (as stated in the proposed development agreement submitted by the applicant) is to construct a pathway in approximate location to that shown on the City's TransportationlPathway Network Maps #1 and #2 along the north side of the South Channel of the Boise River. A twenty-five (25) foot wide pathway easement for a public pathway along the Boise River would extend from the eastern edge of the site (adjacent to the Two Rivers Subdivision) and travel to the western side of the development. Pathways within the subdivision will have connection points with the main pathway to aid pedestrian circulation throughout the site. Further details are provided below under the "Discussion" portion of the Staff Analysis. 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&Rs 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 (when deemed necessary) 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 (yes or no) - not allowed Page 3 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Preservation of Existing Natural Features: The parcel is situated along the north side of the South Channel of the Boise River, with numerous existing trees located on the site which are required to be evaluated by the City Forester. 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. 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 The applicant is to construct the roadways within the development as sixty-six foot (66') wide roadway sections (as measured from back of curb to back of curb). The roadways are divided into two travel lanes, separated by tree lined landscape islands with "cut outs" and small roundabouts for vehicle circulation and turning movements. The street section includes one travel lane paved seventeen-feet (17') in width with restricted parking, and the other travel lane is to be paved twenty-eight-feet (28') wide. Rolled curb and gutter and an attached five-foot (S') wide concrete sidewalk are proposed on both sides of the roadways. Applicant's Justification for Private Streets: not allowed Blocks Less Than SOO': None Cul-de-sac Design: Sherason Court is a 47S-foot (approximate) long cul-de-sac, South Channel Court is 1,200-feet (approximate) in length; both cul-de-sacs extend northwesterly from Willow Glenn Way. South Channel Court is designed with a turnaround at the approximate mid- length of the roadway to provide for turning movements. Each cul-de-sac contains a central landscape island and is designed with a radius of SO-feet to allow for turning movements. Sidewalks: Five-foot (S') wide concrete attached sidewalks are to be constructed within the development, with street trees to be installed on the outer edge of the sidewalk rather than within the five-foot (S') wide planter strip along the back of curb. Curbs and Gutters: Rolled curb and reverse flow gutters are proposed on the outer portions of the street section, vertical curb and gutter with curb cuts are proposed on the interior portion of the roadway. This design is to accommodate storm water runoff which is to be collected in the infiltration swales within the center landscape islands. Page 4 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Lighting: Lighting for the 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 Name 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: Lot 4, Block I, will have a pathway connection from the internal streets to the pathway proposed along the north side of the South Channel of the Boise River; Lot 19, Block I, is intended to serve as an emergency access to the river. 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: See "Open Space, Greenbelt Areas and Landscape Screening" noted above. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - The Boise River Floodplain is designated a Hazard Area and Special Area in the Comprehensive Plan. The Plan specifies additional development criteria and calls for special consideration relating to any proposed development within the Boise River Floodplain. Evidence of Erosion - none specifically noted in the EAP Fish - yes Floodplain - yes - Boise River Floodplain Floodway - yes (10.5-acres) Mature Trees - yes Riparian Vegetation - yes Steep Slopes - none shown to exist Stream/Creek - yes - South Channel of the Boise River Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - none shown to exist as noted in the EAP Wildlife - yes O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: An EAP report has been submitted and is attached for review. Page 5 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference. Comments, which appear to be of special concern, are noted below: Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Department of Lands Idaho Power Joint School District No.2 United Water Company Q. LETTERS FROM THE PUBLIC: Letter from Barry Peters, 101 Eagle Glen Lane, Suite A, Eagle, ill 83616, date stamped by the City on June 23, 2004. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter I - Overview 1.1 City of Eagle Statement of Purpose d. To ensure that the important environmental features of the City and its Impact Area are protected and enhanced. g. To ensure that the development of land IS commensurate with the physical characteristics of the land. h. To protect life and property in areas subject to natural hazards and disasters. I. To protect fish, wildlife, and recreation resources. 1.3 The City of Eagle Vision Statement b. interconnected with user-friendly pathways and roadways; e. an environmentally aware community with distinctive open space, parks and outdoor recreation; Page 6 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Chapter 6 - Land Use 6.3 Land Use Designations Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the flood way which can pose significant hazards during a flood event. Also, the flood way areas shall not be considered as a part of the minimum area of open space required with the zoning ordinance unless developed as noted within this paragraph, and shall be excluded from the gross land area for calculating residential densities permitted. Any portion ofthe flood way developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. 6.7 Implementation Strategies a. Preserve the natural features and resources of Eagle. n. Support City of Eagle flood and storm drainage regulations to achieve protection of property rights, environmental protection and flood damage reduction for community residents. Chapter 7 - Natural Resources and Hazard Areas 7.8 Hazard Areas The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle Impact Area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consists of two parts: (1) the floodway which is the most severe area of flooding characterized by deep and fast moving water; and (2) the floodplain which is less severe than the floodway and is characterized by shallower and slower moving waters at the time of flooding. The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably flood due to seasonal weather conditions. A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a recreational area and/or a nature area may be encouraged in the l00-year floodplain of the Boise River and Dry Creek. Page 7 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc 7.9 Goal Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation-nature areas when implementing planning and zoning decisions. Chapter 8 - Transportation 8.3.1 Paths Function: To provide for recreation and alternative transportation; important to provide safe continuous thoroughfares with minimal cross flow of vehicular traffic. Location: Paths could be located on corridors separate from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.6 - Implementation Strategies c. Encourage roadway design standards that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHO), Ada Planning Association (APA), and other agencies that may be responsible for roadway planning and design. e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle TransportationlPathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. m. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety and to enrich the roadway and community appearance. p. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required to provide a canopy effect over the roadways. The type of street trees used should be those which have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Chapter 9 - Parks, Recreation and Open Spaces 9.5 Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Page 8 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.2 Objectives e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. g. Improve/provide access to greenbelt/pathway east of Eagle Road on the south side of the North Channel ofthe Boise River. 9.6 Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 9.6.2 Objectives a. To establish open space to protect the finite resource base of Eagle' s natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. b. To provide an open space setting for active and passive recreation for all age groups throughout the community. c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. d. To protect the natural lay of the land (e.g., minimize land disturbance). e. To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. Chapter 11 - Special Areas and Sites 11.1 Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Page 9 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognized qualities which render them distinctly unique. The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills possess a recognized function as a wildlife habitat, flood way and scenic natural resource reflective of Eagle's rural character. 11.4 Implementation Strategies g. Preserve existing trees and establish appropriate landscaping as a part of new developments. h. Encourage the preservation of habitat areas which provide for fish and wildlife. Chapter 12 - Community Design 12.4 Implementation Strategies c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. k. Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and ridge lines as visual amenities. I. Encourage the development of pathways and open-space corridors throughout the City. q. Maintain the rural residential character and open space environment in and around the City. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development. Wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required. Co SUBDIVISION ORDINANCE PROVISIONS WHICH 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 9-3-8 (B) Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar Page 10 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc irreplaceable assets) shall be preserved in the design of the subdivision. . ECC Section 9-4-1-6 (D) Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards should be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum six feet (6') wide and shall be located within a sixteen foot (16') wide pedestrian access easement. Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. . ECC Section 9-4-1-6 (F) Sidewalk Design: 1. Sidewalks, a minimum five (5') feet wide, shall be required on both sides of the street; except, that where the average width of lots, as measured at the street frontage line or at the building setback line, is over one hundred feet (100'), sidewalks on only one side of the street may be allowed. 2. Sidewalks and crosswalks shall be constructed and maintained in accordance with the standards and specifications of the Ada County Highway District. 3. Sidewalks shall be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with 3-inch minimum caliper shade-class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with Section 8-2A-7 of this Code. D. TITLE 10 FLOOD CONTROL PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 10-1-8-5 (A) (2) New construction and substantial improvement of any residential structure shall have the finish floor elevation of the lowest floor, including basement, elevated to a minimum of two feet (2') above the base flood elevation. . ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of fifty-feet (50') from the flood way line. . ECC Section 10-1-8-5 (D) Open Areas: Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking lots, etc., within the area of special flood hazard shall be designed and operated so that they may flood and maintain existing natural storage capacity for waters during the base flood event. Levees or berms shall not be used for flood control. E. DISCUSSION: It The Comprehensive Plan's Land Use Map designates this site as Residential Two (up to two dwelling units per acre. The applicant is proposing 1.03-units per acre (exclusive of the Page II of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc floodway). . The 2000 Eagle City Comprehensive Plan's TransportationlPathway Network Map #1 of 2 shows a pathway traveling along the north side of the South Channel of the Boise River. A 25-foot wide easement has been required, as noted within the letter from the Idaho Department of Lands (date stamped by the City on June 14,2004) and which is shown on the preliminary plat date stamped by the City of Eagle on May 20, 2004. As noted within the proposed development agreement submitted by the applicant for the companion application RZ-7 -04, the applicant has proposed to construct the pathway within the easement from the eastern boundary westerly to the western boundary, only when the City of Eagle has acquired all the necessary easements for the pathway along the north side of the South Channel of the Boise River from Eagle Road to the Eagle Island State Park. In addition, the pathway is proposed to be built as a 5-foot wide adventure trail (similar to that approved by the City for Two Rivers Subdivision to the east). On June 16, 2004, the City's Park and Pathway Development Committee made the following recommendations regarding the construction of the pathway within The Shores Subdivision: The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public pathway along the northern side of the South Channel of the Boise River extending along the entire southern portion ofthe property. The applicant shall construct a 10' wide compacted gravel or cinder surfaced pathway within the easement, to extend from the pathway within the Two Rivers Subdivision pathway system on the east side of the property and continue the entire length of the property abutting the Boise River. The applicant shall work with the appropriate flood control district and emergency response agencies to ensure that the emergency access located within Lot 19, Block 1, is appropriately surfaced for heavy equipment use. In consideration of the wetland areas in which portions of the pathway may pass, staff recommends that in lieu of the graveVcinder surface, the ten-foot (10') wide path may be cleared and constructed with a natural soil pathway surface. Staff will defer to the Planning and Zoning Commission and the City Council regarding the pathway construction. . Eagle City Code requires that sidewalks are to be separated from the edge of the abutting roadway and / or back of curb by a minimum five-foot (5') wide landscape strip. With this development, the applicant has proposed a streetscape consisting of a roadway with two travel lanes (for travel in opposite directions) separated by a sixteen-foot (16') wide landscape island, and five-foot (5') wide sidewalks abutting the back of curb with street trees placed on the outside edge of the sidewalk. It may be considered that this alternative design meets the intent of the code (to provide a tree-lined roadway) since there will be trees along the outside edge of the sidewalks on both sides of the roadway as well as lined down the middle of the roadway (this design closely resembles that of Harrison Boulevard in downtown Boise). Staff will defer to the Planning and Zoning Commission and the City Council regarding the streetscape design. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 12 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 6, 2004, 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 one (I) individual (other than the applicant/representative) who felt that the design of the subdivision would not negatively impact the well-being of wildlife in the area and which may be enhanced based on observations of previous development in the area. D. Written testimony in favor of the proposal was presented to the Planning and Zoning Commission in the form of a letter signed by two (2) individuals who felt that the development supports the highest and best use of the land. COMMISSION DECISION: The Commission voted 3 to 0 (Bandy, Crook absent) to recommend approval of PP-5-04 for a preliminary plat for The Shores Subdivision with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all site specific conditions provided within the City's Engineering firm's (Holladay Engineering) letter dated June 25, 2004. 2. Comply with all requirements of the Eagle Fire Department as stated in the letter dated June 30, 2004. The required "No Parking - Fire Lane" signs shall be posted prior to the issuance of any building permits. 3. Comply with FPDP-I-04, RZ-7-04 (with development agreement) and V AC-I-04. 4. All existing buildings that will interfere with the proposed roadways or lot lines shall be removed from the site prior to the City Clerk signing the final plat for each phase of the development. A demolition permit shall be obtained from the City prior to the removal of said buildings. 5. The applicant shall provide documentation stating that all requirements of the Army Corp of Engineers (including items such as a 404 permit) and the Idaho Department of Lands have been complied with, or are conditions of compliance, regarding any pond or wetland alteration and/or related items, prior to the City approving the final plat. 6. The remainder of the applicant's property not already annexed shall become annexed into the Eagle Sewer District's service boundaries and shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of any final development plan and final plat for this site. 7. The applicant shall provide a twenty-five (25) foot wide greenbelt easement for a public pathway along the northern side of the South Channel of the Boise River extending along the entire southern portion of the property. The applicant shall construct a 10' wide compacted gravel or cinder surfaced Page 13 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc pathway within the easement, to extend from the pathway within the Two Rivers Subdivision pathway system on the east side of the property and continue the entire length of the property abutting the Boise River. For any portion of the pathway passing through wetland areas, the ten-foot (10') wide path may instead be cleared of vegetation aRt! eeRSH1:letet! witH to be a natural soil surface in lieu of the graveVcinder surface and shall meander around existing trees that are designated to be preserved bv the City Forester. The applicant shall work with the appropriate flood control district and emergency response agencies to ensure that the emergency access located within Lot 19, Block I, is appropriately surfaced for heavy equipment use. The pathway shall be constructed prior to the issuance of any building permits for those lots inclusive of the pathway easement. (NOTE: The Commission requests the Council compare the amount of land required for mitigation of the wetland areas when considering lO-foot wide pathways versus Sjoot wide pathways.) 8. Other than the sidewalks along the streets and the pathwav reQuirements of no. 7 above, meandering pathway/trails within the subdivision shall be 6-foot wide (minimum) and constructed with concrete. 9. In instances where the floodway line intersects the building lots, that portion of those lots lying within the floodway (as determined by FEMA) shall be "non-build" portions of the lots and no encroachments, buildings, or other structures shall be built thereon, pursuant to Eagle City Code Section 10-1-8-5 (D). No equipment or vehicles shall be stored, or any solid-face fences constructed, on any portion of these lots lying in the flood way and such shall be a condition to be within the CC&Rs. A note shall be placed on the final plat generally stating this requirement. 10. All new construction and substantial improvement of any residential structure shall have the finish floor elevation of the lowest floor elevated to a minimum of two feet (2') above the base flood elevation. 110 Place a note on the final plat referencing the instrument number for the required greenbelt easement bordering the southern portion of this development (South Channel of the Boise River). The note shall further state that the 25-foot wide easement is for the use by the general public for pedestrian, equestrian and other non-motorized access in favor of the City of Eagle. 12. Any overhead utilities serving te the site shall be located underground. 13. Add a note to the final plat delineating front and rear utility easement widths to be a minimum of 12- feet wide. 14. Add a note to the final plat designating six-foot (6') wide utility easements located on either side of the common side lot lines. 15. Add a note to the final plat which states that, "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of a building permit or as specifically approved and/or required." The rClluired note does not modify the 50-foot building setback from the floodwav line as stipulated in no. 19 below. 16. The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, and common area landscaping within this site for review and approval by the Design Review Board prior to City approval of a final plat. 17. Provide construction plans to the City Engineer for review and approval which detail how the proposed waterways are to be maintained, methods (such as aeration or recirculation) that will prevent stagnation and breeding of pests, and how storm water is to be accommodated, prior to the City Page 140f21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc Engineer signing the final plat. 18. All pond and waterway banks shall be planted with natural grasses and plants that are consistent with anv required wetland mitigation. Planting details shall be submitted for review and approval by the Design Review Board prior to the submittal of a final development plan and final plat. 19. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the flood way line as shown on the accepted FEMA maps current at the time of submittal for final plat. The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from the flood way line. No construction shall be permitted within the 50-foot flood way setback. 20. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located adjacent to the 5-foot wide concrete sidewalk abutting all interior streets and within the 16-foot wide landscape island located within the roadways. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 21. Six. iReh 'iertieal SliFB lIRa glitter shal.l Be iRstallea aBlittiRg all streets. (NOTE: Due to the low density, dead end streets and the CC&Rs inclusive of statements restricting parking, the Commission felt rolled curb abutting the streets was acceptable.) 22. Provide detailed building elevations of any structures proposed to house the pressurized irrigation pump. The detailed elevations, colors and materials shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 23. All healthy trees (as determined by the City Forester) that are to be preserved and integrated into the open space design for the development shall be shown on a landscape plan and submitted for Design Review Board approval prior to the submittal of a final plat. 24. All living trees that do not encroach upon the buildable area on any lot shall be preserved, or as otherwise determined by the City Forester. All fallen trees along the South Channel of the Boise River shall be left in their natural state to provide habitat for the existing birds and animals. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Forester and the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final development plan and final plat. 25. The applicant shall have an on-site meeting with the City Forester to survey all eXlstmg trees. Subsequent to the on-site meeting, construction fencing shall be installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. No activity whatsoever shall take place within the drip line of the trees. 26. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 27. Useable amenities such as the proposed community/recreation center, picnic tables, covered shelters, Page 15 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc benches, playground equipment, gazebos, and/or similar amenities as determined by the City Council shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board, prior to the City approving a final plat. 28. The Shores Subdivision shall remain under the control of one Homeowners Association. 29. The applicant shall place a note on the final plat that all common lots are to be owned and maintained by The Shores Homeowner's Association. The applicant shall provide a copy of the CC&Rs which include a similar statement regarding the common lots for review and approval, prior to the City Clerk signing the final plat. 30. The CC&Rs for The Shores Homeowner's Association shall provide that the association shall have the duty to maintain all of the common landscape areas in the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees. 31. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of a final development plan and final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 32. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of existing utilities on the site shall be submitted prior to the iSSlIlHiEJe af 1lI1)' IllliltliRg llel'Hlits far the sile approval of the final construction plans. 33. The applicant shall install at the entrance to The Shores subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.. STANDARD CONDITIONS OF APPROVAL: I. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.C.C. 9-20-8.4) Page 160f21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&Rs shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, 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. II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Page 17 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. 170 The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision sign age prior to the City Engineer signing the final plat 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval ofthe final plat by the City Council. Page 18 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corp of Engineers prior to approval of the final plat by the City Engineer. 24. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corp of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 280 No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision Page 19 of21 K:\Planning Dept\Eagle Applicalions\SUBS\2004\The Shores Sub pzf.doc within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31, The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on May 20, 2004. 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 June 21, 2004. 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 June 17, 2004. Requests for agencies' reviews were transmitted on May 21, 2004, 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-5-04) and based upon the information provided concludes that the proposed preliminary plat application is in accordance with the City of Eagle Title 9 (Subdivisions) because: a. The requested preliminary plat complies with the approved zoning designation of R-2-DA (Residential with development agreement). b. Will be harmonious with and in accordance with the general objectives of title 9 of the Eagle City Code since the development is consistent with the Comprehensive Plan Land Use Map designation of Residential Two and provides the required improvements for a subdivision; and c. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing and intended character of the general vicinity and that such use will not change the essential character of the same area since the approved development agreement for this site provides guidance in the development of the property, and because this site will be developed with single-family dwellings of similar character, value and lot sizes comparable to those being built to the south and east of this site; and d. Will not create excessive additional requirements at public cost for facilities and services as the site will be served with central sewer from the Eagle Sewer District and will use public water to be served from Eagle Water Company. Fire protection will be available from the Eagle Fire District and ftre hydrants will be provided where required; and e. Will have vehicular approaches to the property designed to not create an interference with traffic on surrounding public thoroughfares since the project is required to be reviewed and approved the Ada County Highway District and is subject to the conditions herein; Page 20 of 21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc f. This development is in continuity with the capital improvement program since the required public improvements are required as conditioned herein, or are expected to be installed with the development of individual lots as conditions of approval; and g. That based upon agency verification and additional written comments of the Eagle Fire Department and the Ada County Highway District, or as conditioned herein, there is adequate public financial capability to support the proposed development; and h. That any health, safety and environmental problems that were brought to the Commission's attention have been adequately addressed by the applicant or will be conditions of the preliminary plat and subsequent final plat approval as set forth within the conditions of approval above. DATED this 19th day of July 2004. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE :J,r<bh' PbilliPJ'B~ ATTEST: j (t~ -i #" ~),{ ()., D~/YhA/Y1~ - Sharon . Bergmann, Eagle City Cle k ...""UI.II'.",. .., OF E A,.., .... .' ~f ."v~ ... .... ~ '" ....... "<...^~.. .: :"\. .... -.. V' ~ t (;.. ~.VOR-4F.. '- = : 0 ~..-:. : : (., '*= : * . _.~ . : . . -: . ~ "--A ~EAL~: : ~ .'"., ~ '. 0 = -.. -.00 ~<> . ~~ ~ ~ U''').. ..!POR~;"... ,... ...... ## ., ~ ...... <'\ ~ .... .... 'J'E OF \v .... #',',.... ....",.. Page 21 of21 K:\Planning Dept\Eagle Applications\SUBS\2004\The Shores Sub pzf.doc