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Findings - PZ - 2009 - A-05-09 & RZ-06-09 - Rz From Rut & Ar To Ar-Da/65.14 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR AN ANNEXATION AND REZONE ) FROM RUT (RURAL-URBAN TRANSITION), ) A (AGRICULTURAL) AND A-R ) (AGRICULTURAL-RESIDENTIAL) TO ) A-R-DA (AGRICUL TRUAL-RESIDENTIAL) ) WITH A DEVELOPMENT AGREEMENT) ) FOR RON SALI ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-05-09 & RZ-06-09 The above-entitled annexation and rezone applications came before the Eagle Planning and Zoning Commission for their recommendation on July 6, 2009. 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: Ron Sali, represented by Doug Russell with The Land Group, Inc., is requesting approval of an annexation and rezone from RUT (Rural-Urban Transition-Ada County Designation) and A-R (Agricultural-Residential- up to one unit per five acres) to A-R-DA (Agricultural-Residential- up to one unit pl~r five acres with a development agreement). The 65.14-acre site is generally located on the south side ofW. Mace Road approximately 1.47 miles west ofS. Eagle Road. B. APPLICA TION SUBMITTAL: A Neighborhood Meeting was held at 6:00 PM, May 6, 2009, at the office of The Land Group, Inc, 462 E. Shore Drive, Eagle, ID, 83616, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 8, 2009. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 15,2009. 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 16, 2009. The site was posted in accordance with the Eagle City Code on June 24, 2009. Requests for agencies' reviews were transmitted on May 15, 2009, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On August 12, 1997, the City Council approved a rezone (RZ-6-97) for the western portion of this site from A (Agricultural- one unit per twenty acres) to A-R (Agricultural- Residential- one unit per five acres) for Charles H. Lobdell at 2205 Mace Road. Page 1 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzf Sali.doc On August 19, 1997, the City Council approved a lot split (LS-3-97) for Charles H. Lobdell. The lot split allowed a 5.1 acre parcel to be divided from the original 4 I. 8 acre parcel (western parcel). E. COMPANION APPLICATIONS: All applications are inclusive herein. G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two (up to RUT (Rural-Urban Transition Agriculture two (2) dwelling units per - Ada County Designation) acre) and A (Agricultural - up to one (I) unit per twenty (20) acres. Proposed No change A-R-DA (Agricultural- Temporary gravel pit to Residential with a create a pond amenity for a development agreement) future subdivision North of site Residential Two (up to RUT (Rural-Urban Transition Two (2) single-family two (2) dwelling unit per - Ada County Designation) residences and agriculture acre) and A (Agricultural- up to one (I) unit per twenty (20) acres. South of site Residential Two (up to RUT (Rural-Urban Transition Vacant land and Clearvue two (2) dwelling unit per - Ada County Designation) Estates Subdivision (Area acre) and Floodway and R-E (Residential- separated from this site by Estates one (I) unit per two the Boise River) (2) acres) East of site Residential Two (up to A (Agricultural - one (I) unit Single-family residence two (2) dwelling unit per per twenty (20) acres and A-R acre) and Floodway (Agricultural-Res idential) on~~ (I) unit per five (5) acres) West of site Residential Two (up to PS..DA (Public/Semi-Public Eagle Island State Park two (2) dwelling unit per with a development acre) and Floodway agreement) H. DESIGN REVIEW OVERLAY DISTRICT: Not located within the DDA, TDA, CEDA, or DSDA. 1. TOTAL ACREAGE OF SITE: 65.14+/- acres J. APPLICANT'S STATEMENT OF JUSTIFICATION FOR THE REZONE: See justification letter date stamped by the City on May 8, 2009, provided by the applicant (attached to the staff report). Page 2 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc K. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See justification letter date stamped by the City on May 8, 2009, provided by the applicant (attached to the staff report). L. A V AILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: Eagle Sewer District has a lift station adjacent to Mace Road located approximately 3,500 feet east of this site. M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - yes - Boise River flood plain Evidence of Erosion - no Fish Habitat - yes - Boise River and existing ponds Floodplain - yes - submitted a Flood Plain Development Permit application (FPDP-02-09) Mature Trees - yes - adjacent to the Boise River Riparian Vegetation - yes - adjacent to the Boise River Steep Slopes - no Stream/Creek - yes - Boise River and Mace Catlin delivery and drainage ditches Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - no Wildlife Habitat - yes - Boise River O. NON-CONFORMING USES: None are apparent on the site. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments, which appear to be of special concern, are noted below: City Engineer: All comments within the Engineer's letters dated May 19, 2009, are of special concern (attached). Boise River Flood Control District No. 110 - requiring the applicant to comply with Resolutions 01-2003 and 02-2006, as adopted by the Boise River Flood Control District No. 10. Central District Health Department - Indicated that the applicant provide additional data prior to approval of individual sewage disposal. Department of Environmental Quality - Recommended that all projects comply with state and federal rules and regulations for air, water, and waste and the overall environment. Department of Environmental Quality (email) - Indicated the requirements regarding a fugitive dust plan and registration of the rock crusher. Joint School District No.2 - Addressed the growth of the school district and the needfor future school site. Idaho Transportation Department - No comment Q. LETTERS FROM THE PUBLIC: None receive:d to date. Page 3 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A.-05-09 & RZ-06-09 pzf Sali.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFlr REPORT: A. COMPREHENSIVE PLAN PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · The Comprehensive Plan Land Use Map (adopted 11-27-07) designates this site as: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 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 floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph., Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway 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. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation shown shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. B. ZONING ORDINANCE PROVISIONS, WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code, Section 8-2-1: Districts Established, Purposes and Restrictions: A-R AGRICULTURAL-RESIDENTIAL DISTRICT: To provide for the transition of agricultural land no longer used for extensive agricultural purposes into residential areas, while preserving agricultural uses compatible with residential development. Gross density shall not exceed one single-family dwelling unit per five (5) acres. · Eagle City Code, Section 8-2-3: Official Schedule of District Regulations: The administrator shall interpret the appropriate district for land uses not specifically mentioned by determining the district in which similar uses are permitted. If the Page 4 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzf Sali.doc administrator determines that a proposed use is not specifically mentioned and is not similar to any specifically mentioned use the administrator shall determine that the use is prohibited. When several combined land uses exist, or are proposed, the most intensive land use shall be considered as the primary activity. o Sand and Gravel Yard is a prohibited use in the A-R (Agricultural-Residential) zoning district. · Eagle City Code Section 8-3-5, Unique Land Uses Certain unique land uses pose special problems that may have detrimental influences on surrounding land uses. The following performance standards for such unique land uses shall be adhered to in addition to all other provisions of this title: J. Filling, Grading, Lagooning, Dredging Or Other Earth Moving Activity: 1. Will result in the smallest amount of bare ground exposed for the shortest time feasible; 2. Will provide temporary ground cover such as mulch; 3. Will use diversion, silting, basins, telTaces and other methods to trap sediment; 4. Will provide lagooning in such a manner as to avoid creation offish trap conditions; 5. Will not restrict a floodway, channel or natural drainageway; 6. Will construct and stabilize sides and bottom of cuts, fills, channels and artificial watercourses to prevent erosion or soil failure; 7. Will not have below grade excavation except for drainageways within fifty feet (50') of any lot line or public right of way; and 8. Will restore topsoil or loam to a depth of not less than four inches (4"). K. Gravel Pits, Rock Quarries, Sand And Clay Pits And Other Natural Resources Of Commercial Value: I. The extent and method of rehabilitation shall be determined in advance of issuing a zoning certificate with due consideration given to what is suitable and compatible with the surrounding area; 2. Upon depletion of the area, all temporary buildings and structures, except property line fences and structures for the loading, measuring or weighing of salable material in storage, shall be entirely removed from the property; and 3. Safety fencing shall be erected around all pits that create a safety hazard. · Eagle City Code, Section 8-10-1 (A): Requirements and Restrictions (for development agreements): Purpose: Development agreements are a discretionary tool to be used by the Council as a condition of rezoning. Development agreements allow a specific project with a specific Page 5 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: · Eagle City Code Section 9-3-2-5: Private Streets Private streets may be permitted, in the discretion of the council, subject to the following: A. Compliance: Private streets may provide access to no more than ten percent (I 0%) of the lots within a planned unit development provided the council determines that the private streets are in compliance with each of the following standards: 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other featUlfes of the development or its surroundings such that private streets will serve to enhance the overall development. 2. The private streets shall provide safe and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. 3. The private streets shall provide ad<~quate access for service and emergency vehicles. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. 5. The private streets do not landlock adjacent property due to topography or parcel layout. 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby en<:ouraging travel through the development served by the private street. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. B. Construction And Design Standards: Private streets shall conform to the following construction and design requirements: 1. All private street construction shall be in accordance with Ada County highway district's structural standards for strl~ets including base course and asphaltic concrete mat thickness utilizing the appropriate traffic index or as may be recommended by the city engineer and approved by the city council, and shall further be in accordance with Ada County highway district's intersection design and drainage requirements, or as may be recommended by the city engineer and approved by the city council. 2. Except as may be otherwise set forth in this section, private streets shall meet such design and dimensional requirements as the council may determine are Page 6 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzf Sali.doc appropriate considering the proposed use and the site upon which the private streets are to be placed, however, all private streets shall contain paved travel lanes a minimum of twelve feet (I 2') in width (except as noted herein) and shall otherwise provide for the safe, convenient, and effective movement of both vehicular and pedestrian traffic. Ve:rtical curbing shall be provided for streets that are less than thirty four feet (34') in total width. 3. Sidewalks shall be required in accordance with subsection 9-4-1-6F of this title. 4. The design engineer shall identify on the construction drawings for the review and approval by the city engineer, all traffic signs needed for the project, including, but not limited to, designated parking and "no parking" areas, speed, stop, and such other signs as are required for safe pedestrian and vehicle travel. 5. All private streets shall, during the progress of construction, be inspected and tested, at the expense of the owner or developer, by a qualified inspector in order to ensure compliance with the construction and design standards set forth in this section, the construction drawings as prepared by the registered professional engineer, and good engineering and construction practices. Reports of such inspections and tests shall be submitted, together with a certification of such compliance, for the review and approval by the city engineer. 6. All private streets shall originate in a public right of way and terminate in a public right of way, or at one of the following approved turnaround areas: a. A cul-de-sac designed in accordance with the provisions of subsection 9-3-2- 1 G of this chapter and subject to the approval of the Eagle fire district and city engineer and provided further that proper maintenance of the island is provided for; b. A hammerhead/tee type turnaround or as may be otherwise approved by the Eagle fire district and the city engineer; or c. Such other turnaround area as may be approved by the Eagle fire district, city engineer, and city council. 7. The design of all private streets and related storm drainage facilities shall be prepared by a licensed professional engineer in the state in substantial conformance with engineering and design standards in effect at the time of preparation of the design. Construction drawings, together with a certification of such conformity, shall be submitted for the review and approval by the city engineer. No part of this section shall be construed as allowing a private street that is not in conformance with current l~ngineering and design standards. 8. If any provision of this section is found to be in conflict with any other applicable provision of this title, the provision which establishes the higher and/or more restrictive standard shall prevail, unless specifically determined otherwise by the city council. C. Access And Maintenance Requirements: Provisions shall be made for the future maintenance of and access to private streets as follows: Page 7 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzf Sali.doc 1. A plan and schedule for the future repair and maintenance of the private street and drainage facilities for the period of the expected lifetime thereof and a cost estimate therefor prepared by a licensed professional engineer in the state, together with a proposed method for funding the same, including, but not limited to, the creation and maintenance of a reserve fund for that purpose, shall be submitted with the final plat application for review and approval by the city engineer and city council. 2. The location ofthe private street shall be clearly depicted on the face of the plat and notes shall be included on the face of the plat which shall: a. Act to convey to each lot owner within the subdivision to be served by the private street the perpetual right of ingress and egress over the described private street; b. Provide that such perpetual eas1ement shall run with the land; and c. Provide that the restrictive covenant for maintenance of the private street cannot be modified and the homeowners'/property owners' association or other entity cannot be dissolved without the express consent of the city. 3. A restrictive covenant for repair and maintenance of the private street shall be recorded at the time of recording the plat which said covenant shall create a homeowners'/property owners' association or substantially similar entity and make provision for the perpetual maintenance of the private street in accordance with the approved plan as provided for in subsection C 1 of this section. Said restrictive covenant shall also provide that the said covenant shall run with the land and that the said covenant cannot be modifil~d and that the homeowners'/property owners' association or other entity cannot bc~ dissolved without the express consent ofthe city. The said restrictive covenant shall be reviewed and approved by the city attorney prior to certification and signing of the final plat by the city engineer. 4. The council may, in the reasonable exercise of its discretion, order the owners or the entity responsible for the maintlmance of any private street approved in accordance with the provisions of this section to undertake such repair and maintenance activities as it may determine is necessary to protect the public health, safety, or welfare and make such expenditures from the funds reserved therefor as may be required thereby; and the owner or responsible entity shall, as a condition of approval of any such private street, be deemed to have agreed to comply with any such order and to reimburse the city all of its costs, including attorney fees, incurred in obtaining or enforcing any such order. Any order entered by the council pursuant to this subsection may be enforced by a court of competent jurisdiction and the city shall be entitled to recover its costs and attorney fees incurred in connection therewith. D. Conformity To Comprehensive Plan: All private streets shall, in all respects, conform to all applicable components of the comprehensive plan. Page 8 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc D. DISCUSSION: · The site consists of two (2) parcels and the Comprehensive Plan's Land Use Map designates the site as Residential Two (up to two (2) units per acre) and Floodway. The applicant is requesting an A-R-DA (Agricultural-Residential with development agreement) zoning designation to allow for a future residential subdivision. The applicant is requesting a development agreement to allow for a temporary gravel mining operation to construct a +/- 35-acre pond to be used as an amenity for the future residential subdivision. The development agreement will also be utilized to address potential impacts to the surrounding property owners from the temporary gravel mining operation and address access for the proposed lots. It is staffs interpretation that a temporary gravel mining operation is comparable to a sand and gravel yard which is a prohibited use within the A-R (Agricultural-Residential) zone. Although no retail sales will occur at this site the impacts from mining, crushing, noise, dust, and truck traffic need to be addressed to reduce the adverse impacts to the surrounding neighbors. Through the use of a development agreement the city will be able to address the impacts from the temporary gravel mining operation. · The narrative provided by the applicant date stamped by the City on May 8, 2009, indicates that the project site consists of two parcels of land, however the Conceptual Master Plan date stamped by the City on May 8, 2009, shows a portion of the pond to be located on a property located at 2205 Mace Road which is not a part of this application. The applicant should provide a revised Conceptual Master Plan showing the pond area to be removed from 2205 Mace Road or submit a revised application to include the property located at 2205 Mace Road. Should the applicant want to include the 2205 Mace Road property the application should be continued to allow for a neighborhood meeting to be conducted and public notice provided pursuant to Eagle City Code. · The majority of the proposed site lies within the Boise River floodway and floodplain as delineated in the FEMA, Flood Insurance Rate Map (Panel number 16001 CO 142H) map revision dated February 19, 2003. The applicant submitted a flood plain development permit (FPDP-02-09) application for construction of the pond and the application is currently being reviewed by staff. The narrative provided by the applicant dated May 7, 2009, indicated they are currently working on a "Letter of Map Revision" (LOMR) process with FEMA to adjust the floodway line on the properties. FEMA will provide to the City a Community Acknowledgment f()rm for signature prior to final approval of the LOMR. The applicant should comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code and the conditions of approval for FPDP-02-09. · The narrative provided by the applicant dated May 7, 2009, indicates that they are working on obtaining a permit through the Idaho Department of Lands (IDL) for the mining operation. The applicant should provide a copy of the approved mining permit from the Idaho Department of Lands prior to the City issuing a zoning certificate for the mining operation. The narrative provided by the applicant indicated that gravel will be crushed on site pursuant to a permit and plan that will be obtained through IDL. The applicant should 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 issuing a zoning certificate for the commencement of work. Page 9 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A.-05-09 & RZ-06-09 pzfSali.doc · Staff contacted the applicant in reference to the duration of the operation of a rock crusher on site. The applicant indicated that should they obtain the contract to provide material for the extension of Highway 16 to I-84 they would like to have the option of crushing five (5) days a week during normal operating hours. The applicant also indicated that if they did not receive the contract for the Highway 16 extension they would probably only need to crush six (6) months of the year, howev~:r they do not know which six (6) months. First, the applicant should work to reduce the amount of time needed for crushing due to noise and dust. Secondly, the applicant should identify a specific time of month and identify what normal operating hours are for a temporary gravel mining operation. To mitigate dust and the additional noise from the operation of a rock crusher the applicant should restrict crushing to no more that six (6) months during the course of a year and limit crushing to the hours of 8:00 AM - 5:00 PM, Monday through Friday. The applicant should provide to the city a schedule for the operation of a crusher on the site. The applicant should also provide the city with a fugitive dust plan to ensure that the site is in compliance with the State of Idaho fugitive dust rules prior to the City issuing a zoning certificate for the temporary gravel mining operation. · The narrative provided by the applicant did not provide a time frame for the duration of the temporary gravel mining operation. In conversations with the applicant's representative it was indicated that the application is to be filed with the Idaho Department of Lands and they have requested a time frame of ten (lO) years since the applicant will only be mining based on contracts with prospective buyers of the material. The applicant should not exceed the time frame for the mining of material as approved by the Idaho Department of Lands permit. · The narrative provided by the applicant indicates an agreement is being negotiated with Idaho Department of Parks and Recreation (IDPR) to utilize existing haul roads located on and through the state park property. Should the applicant reach an agreement with IDPR it will allow truck traffic to bypass all existing residential development along Mace Road. It should also be noted that by eliminating the additional traffic on Mace Road it will help address any concern of truck ingress/egress at Mace Road and S. Eagle Road. All traffic associated with the temporary gravel mining operation should be limited to take access to the site from the intersection of Fisher Park Way and State Highway 44 through the state park site. Should access through the state park site not be permitted the temporary gravel mining operation will be prohibited. · The 2007 Eagle City Comprehensive Plan's Transportation/Pathway Network (Map 8.1) shows a pathway adjacent to the north sidl~ of the south channel of the Boise River. The applicant should meet with the City's Park and Pathway Development Committee prior to submitting a preliminary plat application to determine the location of the required public easement and pathway requirements. · The Conceptual Master Plan date stamped by the City on May 8, 2009, shows an eight (8) lot residential subdivision (6 residential, 2 common). The narrative provided by the applicant indicates that each lot will be s~:rved by one of two private roads. Each entry point at Mace Road will be gated and th~: roads will be paved rural road sections with pavement twenty-four feet (24') in width and two foot (2') wide gravel shoulders. The Conceptual Master Plan shows a private road providing access from Mace Road to the two (2) buildable lots adjacent to the eastern boundary. Pursuant to Eagle City Code two (2) Page 10 of 15 K:\Planning Dept\Eagle Applications\RZ&A \2009\1\-05-09 & RZ-06-09 pzf Sali.doc lots may be served by a common driveway, therefore the construction of a private road serving the two (2) buildable lots adjacent to the eastern boundary would not be required. The Conceptual Master Plan also shows a private road providing access to the four (4) buildable lots adjacent to the western boundary. The narrative provided by the applicant indicates that each lot will be served by onl~ of two private roads. Each entry point at Mace Road will be gated and the roads will be paved rural road sections with pavement twenty- four feet (24') in width and two foot (2') wide gravel shoulders. Pursuant to Eagle City Code private streets may provide access to no more than ten percent (10%) of the lots within a planned unit development provided the council determines that the private streets are in compliance with specific standards as defined in Section 9-3-2-5 (A) (1-8). Although the lots shown on the Conceptual Master Plan all take access from private roads the applicant would meet the specific standards for private roads. 1. Unique or special circumstances exist with respect to the proposed use, design, location, topography, or other features of the development or its surroundings such that private streets will serve to enhance the overall development. This property is located adjacent to Eagle Island State Park and the Boise River. The roads will only serve a maximum of six (6) lots. 2. The private streets shall provide sale and effective movement of both vehicular and pedestrian traffic, sidewalks, and parking. Since the roads will only be serving a total of six (6) lots and the applicant will be required to address Eagle Fire Department's concerns at the time of platting the safety issues will be addressed. There are also requirements regarding pedestrian facilities pursuant to Eagle City Code which will have to be addressed at the time of platting. 3. The private streets shall provide adequate access for service and emergency vehicles. This will be addressed at the time of platting. 4. The private streets do not adversely affect access or good transportation planning to adjacent property and to the area travel networks. Due to the state park property located adjacent to the western boundary and the Boise River adjacent to the southern boundary and the property being fronted by Mace Road the use of private roads on this development will not affect the travel network in this area. 5. The private streets do not landlock adjacent property due to topography or parcel layout. The proposed private streets will not landlock adjacent property. 6. Other than to provide emergency access, the private streets do not connect one public street to another, thereby encouraging travel through the development served by the private street. The only connection to a public road would be Mace Road and the private roads would terminate within the future development. 7. The use or alignment of the private streets does not interfere with the continuity of public streets. Page 11 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc The proposed private streets will not interfere with the continuity of public streets since there is only one public street (Mace Road) in the area at this time. 8. An appropriate mechanism has been established for the repair and maintenance of the private streets, including provisions for the funding thereof. At the time of platting the applicant will be required to provide a provision within the CC&R's for maintenance and operation of the private roads in perpetuity. That provision will not be allowed to be modified without the express written consent of the City. Pursuant to Eagle City Code development agreements may be utilized to allow a specific project with a specific use to be developed on property in an area that is not appropriate for all uses allowed or conditional in the requested zone. Staff will defer to the Planning and Zoning Commission and the City Council to determine whether the private roads as proposed should be approved. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommends approval of the requested annexation and rezone from (Rural-Urban Transition-Ada County Designation) to A-R-DA (Agricultural-Residential one unit per five acres with a development agreement) with conditions to be placed in the development agreement as noted in the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on July 6, 2009, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one (other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in favor nor in opposition was presented to the Planning and Zoning Commission by one (1) individual who lives adjacent to the site and has concerns regarding the de- watering of the gravel pit during the mining operation and whether or not ACHD had provided comment regarding traffic on Mace Road. COMMISSION DECISION: The Commission voted 4 to 0 (Azpitarte absent) to recommend approval of A-05-09 and RZ-06-09 for an annexation and rezone from RUT (Rural-Urban Transition - Ada County designation), A (Agricultural) and A-R (Agricultural-Residential) to A-R-DA (Agricultural-Residential- up to one (1) dwelling unit per five (5) acres with a devc~lopment agreement) for Ron Sali* with the following staff recommended conditions to be plac(:d within a development agreement with strike- through text to be deleted by the Commission and underline text to be added by the Commission: 3.1 Applicant will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Applic:ant will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applic:able, and any other applicable applications as Page 12 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The applicant shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code and the conditions of approval for FPDP-02-09. 3.4 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 issuing a zoning certificate for the commencement of work. 3.5 The applicant shall restrict erushiRg to RO more that six (6) mORths dl:lriRg the eOl:lrse of a year Iffid limit erl:lshiRg the operation of the gravel pit to the hours of 8:00 AM - 5 :00 PM, Monday through Friday. The applieant shall pro':icle to the eity a sehedule f-or the operatioR of a erusher OR the site. 3.6 The applicant shall provide the city with a fugitive dust plan to ensure that the site is in compliance with the State of Idaho fugitive: dust rules prior to the City issuing a zoning certificate for the temporary gravel mining operation. 3.7 All traffic associated with the temporary gravel mining operation shall be limited to take access to the site from the intersection of Fisher Park Way and State Highway 44 through the state park site. Should access through th<~ state park site not be permitted the temporary gravel mining operation will be prohibited. 3.8 The development shall contain no more than six (6) residential units. 3.9 The applicant shall meet with the City's Park and Pathway Development Committee prior to submitting a preliminary plat application to determine the location of the required public easement and pathway requirements. 3.10 City of Eagle approvals shall be subject to any FEMA requirements. 3.11 Provide an approved Land Use Change/Sitc~ Development Application from Boise River Flood Control District No.1 0 prior to submitting a final plat application. 3.12 The applicant shall not exceed the time frame for the mining of material as approved by the Idaho Department of Lands permit or ten (10', years whichever is the least amount of time. 3.13 The operation of an asphalt batch plant is prohibited onsite. 3.14 No stockpiled material may exceed thirty-five feet (35') in height. 3.15 No retail sales shall be allowed at the site. 3.16 The applicant shall provide to the city a copy of the surety or letter of credit provided to the Idaho Department of Lands for reclamation of the site. Should the Idaho Department of Lands not require a surety or letter of credit the applicant shall submit a surety in the form of an irrevocable letter of credit. certificate of deposit. or cash. in the amount equal to one Page 13 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzf Sali.doc hundred fifty percent 050%) of the estimated costs of reclamation ofthe site. Reclamation cost estimates shall be reviewed and approved by the city zoning administrator prior to city acceptance of said surety. .SPECIAL RECOMMENDATION - The Commission r'ecognizes that the Conceptual Master Plan date stamped by the City on May 8, 2009, shows the adjacent property located at 2205 Mace Road, owned by Stuart Jay Berman and Rachelle Berman, contains a portion of the proposed pond. Because of this feature, and since Rachelle Berman has provided an affidavit oflegal interest for a rezone of the property, the Commission recommends that the Bermans be added as a party to the development agreement. CONCLUSIONS OF LAW: 1. A Neighborhood Meeting was held at 6:00 PM, May 6, 2009, at the office of The Land Group, Inc, 462 E. Shore Drive, Eagle, ID, 83616, in compliance with the application submittal requirement of Eagle City Code. The application for this item was received by the City of Eagle on May 8, 2009. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 15, 2009. 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 16, 2009. The site was posted in accordance with the Eagle City Code on June 24, 2009. Requests for agencies' reviews were transmitted on May 15,2009, in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone (RZ-06-09) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) is consistent with the designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) is compatible with the RUT (Ada County designation) and A (Agricultural - up to one (1) unit per twenty (20) acres) land use to the north since that area is designated Residential Two and may be developed with higher density or in a similar manner as this development, and; d. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) is compatible with the RUT (Residential - Ada County designation and R-E (Residential-Estates - up to one (1) unit per two (2) acres) zones and land uses to the south since that area is currently or may be developed with higher density or lots of similar size in the same manner at a later date; e. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) is compatible with the PS-DA (Public/Semipublic with a development agreement) land use to the west since that area is being developed into a state park, and; f. The proposed A-R-DA (Agricultural-Residential-up to one (1) unit per five (5) acres with a development agreement) is compatible with the A (Agricultural- up to one (1) Page 14 of 15 K:\Planning Dept\Eagle Applications\RZ&A\2009\A-05-09 & RZ-06-09 pzfSali.doc unit per twenty (20) acres) zone and land use to the east since that area may be developed with higher density or developed with lots of similar size; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan The development of the site will be required to meet the requirements of ECC, Title 10, Flood Control or will be required to submit a LOMR (Letter of Map Revision) removing portions of the site from the floodplain through FEMA (Federal Emergency Management Administration) and Ada County; and h. No non-conforming uses are expected to be created with this rezone if the conditions to be placed within the development agreement are achieved. Therefore, no non- conforming uses are expected to be created with this rezone. DATED this 13th day ofJuly, 2009. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~~~- Gary Tanner, Chairman . ......... ....4'.. .... ~~GLS .... O~ ........ ", ... .....~ ~, ~,. TJ: .. 'T' ~ . 0 .\ ~ ..... , 0: U\ 8 ,~~vfj:r: $ ... c:.. V /1. "If: = ..,. ., ~~= ....::~~,~~~, ~ ~ .l 8., A Tt'.. 0,,'" .......I"~." - Page 15 of 15 K:\Planning Dept\Eagle Applications\RZ&A \2009\A-05-09 & RZ-06-09 pzf Sali.doc