Minutes - 2004 - Planning & Zoning - 07/06/2004 - Regular
ORIGINAL
EAGLE PLANNING AND ZONING COMMISSION
July 6, 2004
6:30 PM
The Planning and Zoning Commission met in regular session on July 6,2004
Commissioner Crook presiding.
1.
CALL TO ORDER:
2.
ROLL CALL: The following members were Present: LIEN, CROOK,
GLA V ACH. Absent: BANDY, DECKERS, A quorum is present.
3.
CONSENT AGENDA:
A. Minutes of June 28, 2004
B. Findines of Fact and Conclusions of Law for A-1-04/RZ-1-04 - Georee
Crandlemire: George Crandlemire, represented by Tealeys Land Surveying, is
requesting an annexation and rezone from RUT (Rural Urban Transition) to R-E
(Residential-Estates - up to one dwelling unit per two acres), The 24.1O-acre
development is located south of Beacon Light Road, approximately 1500 feet west
ofN. Eagle Road.
C. Findines of Fact and Conclusions of Law for PP-1-04 - Tanelerose
Subdivision - Georee Crandlemire George Crandlemire, represented by
Tealey's Land Surveying, is requesting preliminary plat approval for Tanglerose
Subdivision, a 13-lot (ll-buildable, 2-common) residential subdivision. The
24.1O-acre development is located on the south side of Beacon Light Road,
approximately 1600 feet west of North Eagle Road.
D. Findines of Fact and Conclusions of Law for A-2-04/RZ-2-04 - E. Thomas &
Connie Jones: E. Thomas & Connie Jones, represented by Tealeys Land
Surveying, are requesting an annexation and rezone from RUT (Rural Urban
Transition) to R-E (Residential-Estates - up to one dwelling unit per two acres)
The 21.55-acre development is located south of Beacon Light Road,
approximately 1500 feet east of North Ballantyne Lane.
E. Findines of Fact and Conclusions of Law for PP-2-04 - Pony Subdivision No.
2 - E. Thomas & Connie Jones: E. Thomas & Connie Jones, represented by
Tealey's Land Surveying, are requesting preliminary plat approval for Pony
Subdivision No.2, a 14-lot (9-buildable, 5-common) residential subdivision. The
21.55-acre re-subdivision of Lots 1-4, Block 1, of Pony Subdivision, is located
south of Beacon Light Road, approximately 1500 feet east of North Ballantyne
Lane.
F. Findines of Fact and Conclusions of Law for A-3-04/RZ-3-04/CU-3-
04/PPUD-1-04/PP-3-04 - Shadow Ridee Planned Unit Development-
Hillview Develooment. Corp.: Hillview Development, Corp., represented by
Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural
Urban Transition) to R-4-P (Residential up to four units per acre and PUD),
conditional use permit, preliminary development plan, and preliminary plat
approvals for Shadow Ridge planned unit development. The 39.46-acre, 144-lot
Page 1 of 4
K:\P&Z\MINUTESITelJ1'Orary Minutes Work AreaIPZ-O7-06-O4 min.doc
(122-buildable, 22-common) residential subdivision is located west of Horseshoe
Bend Road at 10711 through 10867 Horseshoe Bend Road and 10943 through
11053 Horseshoe Bend Road.
Lien moves to approve the Consent Agenda of as presented. Seconded by Glavach. ALL
A YE...MOTION CARRIES
4.
OLD BUSINESS:
5.
PUBLIC HEARINGS:
A. A-5-04/RZ-S-04/CU-5-04/PPUD-2-04/PP-4-04 - Optimist Business Park Planned Unit
Development - Jade. LLC.: Jade LLC, represented by Land Consultants Inc., is requesting
an annexation and rezone from RUT (Rural Urban Transition) to BP-P (Business Park PUD),
conditional use permit, preliminary development plan, and preliminary plat approvals for
Optimist Business Park planned unit development. The 9.8 I-acre, 17-lot (I5-buildable, 2-
common) commercial subdivision is located south of Hill Road and on the west side of
Horseshoe Bend Road at 9551 & 9555 Horseshoe Bend Road. (This item was continued from
the June 28, 2004, Planning & Zoning Meeting).
Commissioner Crook introduces the item. The public hearing remains open from the June 28,
2004 meeting.
City Staff, Jeff Lowe, reviews the memo reflecting strike through and underline language
which the applicant and staff has worked through, as directed by the Commission.
Deckers arrives at 6:50 p.m.
Mark Butler with Land Consultant Inc., representing Jade LLc. comments on the revised staff
report.
Darren Taylor 518 Meadow Court Middleton, Idaho. Mr. Taylor addresses item #9 in the
submitted memo. General discussion on the applicants desire and their willingness to comply
with and become a part of the City of Eagle. Has concerns with the standard conditions of
approval and the clarity of some of the proposed language.
Crook closes the public hearing.
City Attorney, John McFadden, provides comment on standard condition #31 and the need for
clarification. McFadden would like the opportunity to review the issue further, but can see Mr.
Taylor's concern with the language. Discussion.
Discussion amongst the Commission.
Deckers moves to approve A-5-04/RZ-S-04/CU-S-04/PPUD-2-04/PP-4-04 - Optimist
Business Park Planned Unit Development - Jade, LLC.: with the changes discussed
tonight. Seconded by Glavach. ALL A YE...MOTION CARRIES.
A 5 minute break is called. Crook will be leaving the meeting.
Crook moves to have Mr. Deckers finish Chairing the meeting. Seconded by Lien. ALL
A YE...MOTION CARRIES.
B. RZ-7-04 - Rockv Ridee Construction dba South Channel LLc.: Rocky Ridge
Construction dba South Channel LLc., represented by Steve Holt, P.E., with Toothman-Orton
Engineering Co., is requesting a rezone from A (Agricultural) & R-2-DA Residential - up to
two dwelling units per one acre with a development agreement) to R-2-DA (Residential- up to
Page 2 of 4
K:\P&Z\MINUTESITemporary Minutes Work AreaIPZ-07-06-O4 min.dœ
two dwelling units per acre with a modified development agreement), The 99.70-acre
development is located west of Eagle Road, at 707, 781, 799, 807, 844 & 1201 W. South
Channel Road.
C. PP-S-04 - The Shores Subdivision - Rockv Ridee Construction dba South Channel
LLC.: 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.
Deckers notes that items Band C will be heard at the same time, but separate motions will be
made.
Deckers opens the public hearing.
Mark Butler with Land Consultant Inc. representing South Channel LLc. Mr. Butler reviews
the applications.
City Staff, Jeff Lowe, reviews the staff report.
Kay Johnson 844 S. Channel Eagle, Idaho. Is in favor of the development. Feels that wildlife
will not be negatively impacted by the development.
Steve Holt with Toothman-Orthon Engineering Company. Mr. Holt comments on the staff
report.
Jeff Scherbern, Developer of the project. Mr. Scherber explains the process he has gone
through with the design of this project.
Deckers closes the public hearing.
Discussion amongst the Commission.
Deckers moves to approve RZ-7-04 - Rocky Ridge Construction dba South Channel
LLC. as per staff recommendations. Seconded by Glavach. ALL AYE.. .MOTION
CARRIES.
Further discussion regarding the preliminary plat application.
Deckers moves to approve PP-S-04 The Shores Subdivision Rocky Ridge Construction
dba South Channel LLc. with the staff recommended conditions of approval and the
changes itemized during discussion tonight. Seconded by Lien. ALL A YE...MOTION
CARRIES.
C. PPIFP-1-04 - Svdnev and Reese Subdivision - Marearet Jones: Margaret Jones,
represented by George Transtrom with Heartland Construction, LLC, is requesting combined
preliminary plat and final plat approval for Sydney and Reese Subdivision, a re-subdivision of
Lot 17, Block 3, of Merrill Subdivision No.2. The l.04-acre, 2-lot commercial development is
located south of East Plaza Drive, at 781 East Plaza Drive. (This item was continued from the
May 10, 2004 Planning & Zoning Meeting).
This item is continued until the August 16, 2004 Meeting
6.
NEW BUSINESS:
A. V AC-I-O4 - Vacation to the final plat of Two Rivers Subdivision No.8 - Rockv
Page 3 of 4
K:\P&ZIMINUTES\Temporary Minutes Work AreaIPZ-07-06-O4 rnin.doc
Ride:e Construction dba South Channel LLC, Rocky Ridge Construction dba South
Channel LLC, represented by Steve Holt P.E. with Toothman-Orton Engineering Co., is
requesting a vacation to the final plat of Two Rivers No.8 Subdivision to remove an
Ada County Highway District right-of-way. The 4-foot wide right-of-way is located
generally along the southerly lot lines of Lots 43 and 44, Block 20, of Two Rivers No.8
Subdivision.
Deckers introduces the time.
Mark Butler with Land Consultant Inc., representing South Channel LLc. briefly
presents the application.
City Staff, Jeff Lowe, provides clarification on site specific condition #1.
Deckers moves to approve V AC-I-04 - Vacation to the final plat of Two Rivers
Subdivision No.8 - Rocky Ridge Construction dba South Channel LLC. with the
staff recommended conditions of approval. Seconded by Lien. ALL
A YE...MOTION CARRIES.
7. REPORTS:
Lowe reports on next weeks meeting. Deckers will not be at next Mondays meeting.
Lien and Glavach will both be in attendance.
8.
ADJOURNMENT:
Deckers moved to adjourn at 10:05 p.m. Seconded by Glavach. ALL
AYE...MOTION CARRIES...
RESPECTFULLY SUBMITTED:
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SHAR N K. BERGMANN
CITY CLERKffREAS URER
APPROVED:
A TRANSCRIBABLE RECORD OF THIS MEETING IS A V AILABLE AT
CITY HALL.
Page 4 of 4
K:\P&Z\MINUTES\Te~rary Minutes Work AreaIPZ-07.IJ6-O4 min.doc
July 6, 2004
Eagle City Council and Planning & Zoning Commissioners
P.O. Box 1520
Eagle, ID 83616
RE: The Shores Subdivision Application RZ-7-04/PP5-04/VAC-1-04
Dear Members of the City Council and Commissioners:
We presently own approximately 60 acres within the proposed Shores Subdivision.
My wife and I are very much in support of this proposed subdivision. We believe that it
represents the highest and best use possible for this land.
We encourage you to approve the subdivision application as submitted. If you have questions,
please feel free to contact us at your convenience.
Sincerely,
(4) L4')/
Jon W. Wroten
Wroten Family Revocable Living Trust
Marietta Wroten
Wroten Family Revocable Living Trust
Cc: Steve Holt
Toothman-Orton Engineering Company
G:03080/wpfiles/WrotenSupport.doc
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject RZ-7-04 — Rocky Ridge Construction dba South Channel LLC
July 6, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
/l a L "JoA vA Svc
c (-1-(4 S G}(?A, „L
y 6 5 7
(1
Page 1 of 1
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject PP-5-04 — The Shores Subdivision — Rocky Rid2e Construction dba South
Channel LLC
July 6, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 2
EAGLE PLANNING & ZONING COMMISSION
PUBLIC HEARING SIGN -IN SHEET
Subject A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04 — Optimist Business Park
Planned Unit Development — Jade, LLC
July 6, 2004
6:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS
TELEPHONE
PRO?
CON?
Page 1 of 2
-410
Toothman-Orton's Suggested Revisions to Staff Recommendations
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 r equired "No P arking — F ire L ane" s igns s hall b e p osted prior to the issuance of any building
permits.
3. Comply with FPDP-1-04, RZ-7-04 (with development agreement) and VAC-1-04.
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 fmal plat for each phase of the proposed 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
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-feet--(1$1)
wide path shall be 5 foot (5') wide and cleared of vegetation i to be a natural soil
surface in lieu of the gravel/cinder surface— and shall meander around existing trees that are
designated to be preserved by 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 1, 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.
8. Other than the sidewalks along the streets and the pathway requirements of Item #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 floodway and such shall be a condition to be within the
CC&Rs. A note shall be placed on the fmal 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.
11. 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, and maintained by, the City of Eagle.
12. Any overhead utilities serving to -the site shall be located underground.
13. Add a note to the fmal 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 fmal 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 pennit or
as specifically approved and/or required." The required note does not modify the 50-foot building
setback from the floodway line as stipulated in Item # 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 fmal
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
Engineer signing the fmal plat.
18. All pond and waterway banks shall be planted with natural grasses and plants that are consistent with
any 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 fmal plat.
19. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for fmal plat.
The building envelopes shall be shown on the fmal plat to reflect the minimum 50-foot setback from
the floodway line. No construction shall be permitted within the 50-foot floodway 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 o ccupancy p ermits for t he h omes. A t emporary o ccupancy m ay b e i ssued i f w eather d oes n of
permit landscaping.
21. .S h rt' b a att hall be installed ahutti..g all streets_
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 fmal 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 existing 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 fmal 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,
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 approval of the final construction plans. issuance-e€-any
building rmif f r rl,o sit
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.
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Ma 18 04 07:56a Baker Managment 2083756669 p.2
Lot Block Price
28 31 $329,950.
29 31 $329,950.
30 31 $339,950.
31 31 $349,950.
32 31 $379,950.
33 31 $409,950.
34 31 $409,950.
35 31 $399,950.
36 31 $379,950.
37 31 $379,950.
38 31 $349,950.
39 31 $359,950.
TR Company, LLC
250 S. Beechwood, Suite 120
Boise, Idaho 83709
Phone: 208-375-6666
Fax: 208-375-6669
Phase # 10
Price List as of May 18, 2004
All prices subject to change without notice.
PRELIMINARY PRICE LIST
Lot Block Price
40 31 $359,950.
41 31 $339,950.
42 31 $329,950.
43 31 $379,950.
44 31 $379,950. (Reserved)
48 31 $329,950.
49 3! $369,950.:
50 31 $349,950.
51 31 $389,950.
52 31 $449,950. (Reserved)
54 31 $429,950.
55 31 $409,950.
Jun 04 04 11:52a Baker Managment
2083756669
p.5
Two Rivers
Eagle Idaho
▪ Peaceful Ponds
• Calming Waterfalls
• Majestic Clubhouse
• Picture Perfect Views
• Old World Style
Homes with
Graceful Detail
and Charm
PRELIMINARY
PRICE LIST
ONLY
Price List as of
June 1, 2001
All prices are subject to
change without
notice.
6/4/2004 10:59 AM
TR Company, LLC
PHASE # 10 THE POINTE
Lot Block Price Lot Block Price
28 31 $329,950. 40 31 $359,950.
29 31 $329,950. 41 31 $339,950.
30 31 $339,950. 42 31 $329,950.
31 31 $349,950. 43 31: $Reserved; Di11on
32 31 $379,950. 44 31 $Reserved; Chen
33 31 $409,950. 48 31 $329,950.
34 31 $Reserved; z.,necki 49 31 $369,950.
35 31 $Reserved; Barton 50 31 $349,950.
36 31 $379,950. 51 31 $389,950.
37 31 $379,950. 52 31 $Reserved; Toren
38 31 $349,950. 54 31 $Reserved; Christman
39 31 $359,950. 55 31 $409,950.
QtJ
Contact Information
TR Company, LLC
250 S. Beechwood, Suite 120, Boise, Idaho 83709
(208) 375-6666 office phone
(208) 375-6667 or (208) 375-6669 office fax numbers
Email Address: dennis@baker-properties.net
Phase # 7
Price List as of September 2003
All prices subject to change without notice.
Lot Block Price
5 21 $599,950.
6 21 $619,950.
7 21 $619,950.
8 21 $574,950.
TR Company, LLC
250-S;Beechwood, Suite 120
Boise, Idaho 83709
Phone: 208-375-6666
Fax: 208-375-6669
Email: bakerproperties@velocitus.net
www. bakerproperties.org
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7/W'
INTER
OFFICE
City of Eagle
Zoning Administration
To: Planning and Zoning Commissioners
From: Jeff T. Lowe, Planner lI—J-
Subject: A-5-04/RZ-5-04/CU-5-04/PPUD-2-04/PP-4-04 — Optimist Park PUD Subdivision,
Jade, LLC, represented by Land Consultants Inc.
Date: July 6, 2004
Attachment(s): N/a
Copy To: N/a
Pursuant to the Commission's request, staff has provided the following for your consideration:
• Regarding setbacks for similar commercial projects:
o Eagle Towne & Country (Home Depot): All buildings shall be set back from State
Highway 44, State Highway 55 and Horseshoe Bend Road a minimum of 30-feet (not
including right-of-way).
o Winding Creek: A landscape plan has been approved that would not permit buildings
to be closer than 30-feet to the property line abutting State Street (approximately 60-
feet from the edge of pavement).
o Ancona Business Park: All buildings shall be set back from State Highway 44 a
minimum of 20-feet (not including right-of-way).
• Staff has added site specific condition #31 regarding site lighting. Eagle City Code Section 8-4-4-
2 (A) (3) requires that site lighting shall be recessed or shielded to direct all light downward and
the source of the light (including the lamp and any non -opaque material/lens covering the lamp)
shall not be directly visible by a person of average height standing on the property line of any
public right of way, or any private street, or on the property line of any residentially zoned parcel
of land or parcel of land used for residential purposes.
• With regard to screening commercial uses from residential uses, ECC Section 8-3-3 (D) states that
nonresidential buildings or uses shall not be located nor conducted closer than forty feet (40') to
any lot line of a residential district; except that the minimum yard requirements may be reduced to
fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the
council is provided. And, ECC Section 8-2A-7 (J) (2) states:
a. When a commercial or industrial use abuts a residential use, a ten foot (10') wide by six foot (6')
high landscaped buffer is required. (In this instance, the more restrictive code listed above would
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R:APlanning DeptNEa8r AppdcatimueSUBS12004'Optmist Pert PUD me2.doc
apply)
b. When a parking lot abuts a residential activity, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
c. To conceal outdoor storage areas, trash receptacles, exposed equipment associated with any
commercial or industrial activity, and off street loading when adjacent to or in view from a
residential activity or public street right of way, a five foot (5') wide by six foot (6') high
landscaped buffer is required.
Should it be determined that additional requirements are necessary, the Commission may require
more restrictive standards than those generally required in Title 8 (Zoning).
The applicant has proposed the following revisions to the staff recommend site specific and standard
conditions of approval, with underlined text proposed to be added and strikethrough text proposed to be
deleted. Staff comments are provided in UPPERCASE ITALICIZED text:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated June 3, 2004.
2. Comply with all conditions of the Ada County Highway District report, including but not limited to
the construction of curb, gutter and a five-foot (5') meandering concrete sidewalk along Horseshoe
Bend Road.
3. 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 on the side lot lines, or as approved by the Design Review
Board. The trees shall be located in the 5-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat, 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 within the 5-foot wide landscape strip.
Trees shall be installed prior to obtaining any occupancy permits for the buildings.
4. The street configuration shall remain substantially as shown on the preliminary development plan as
submitted to the City with this application.
5. The applicant's property 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.
6. Building placement shall be designed such that parking areas can be located, but are not concentrated
between the buildings and State Highway 55. The side of any buildings facing State Highway 55
shall be designed with architectural elements to provide variety and relief to expansive walls, as may
be approved by the Eagle Design Review Board. STAFF'S INTENT WAS TO REQUIRE A DESIGN
SCHEME THAT WOULD BE SOMEWHAT CONSISTENT WITH MAINTAINING A LANDSCAPED
GREEN SPACE AND NOT DETRACT FROM AN OBJECTIVE OF THE COMPREHENSIVE PLAN
TO ENHANCE THE ENTRY CORRIDORS INTO THE CITY.
The applicant shall keep and maintain for use on the property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all landscaped
areas on the property. In the event that the applicant desires to tr-afisfer; sell er-convey any excess
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KAPIamog Dept \ Eagle Applications SUBS 12004'Opti,i t Park PUD me2.doc
�- ceir(90 ,1i,,_
water rights (that is, water rights not necessary to provide an adequate source of irrigation water for
the landscaped areas on the property), the applicant shall first submit to Eagle reasonable written
evidence of an agreement to purchase said water rights and the price and complete terms agreed to be
paid therefore. The City of Eagle shall have sixty (60) thirty calendar days after receipt of said notice
within which to elect, in writing, to purchase such water rights upon the same terms which the
applicant is to receive from said third party purchaser, whereupon the water rights shall be sold to
Eagle on such terms and conditions, each party being bound thereby. In the event Eagle shall not have
given written notice of its intent to purchase the water rights within the said sixty (60) thirty calendar
day period, the first right of refusal created hereby shall terminate and the applicant shall be entitled to
sell its water rights free of any right or claim of right by the City of Eagle. WHILE THE REVISIONS
MAY BE ACCEPTABLE, THE QUESTION MAY ARISE THAT THE APPLICANT CHOOSES TO
DONATE THE SHARES — WOULD THIS LANGUAGE BE PROHIBITIVE IN THAT REGARD?
8. The entire Optimist Business Park development shall remain under control of one association of lot
owners. CC&Rs for the Optimist Business Park Owners' Association shall provide that the association
shall have the duty to maintain and operate all of the common landscape areas (including landscaping
within rights -of -way for State Highway 55 and Horseshoe Bend Road) in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees (including landscape strips between the sidewalk and curb). The applicant shall place a note
on the fmal plat that all common lots are to be owned and maintained by the Optimist Business Park
Owner's Association. The applicant shall provide a copy of the CC&R
statement regarding the common lots for review and approval, prior to the City Clerk signing the final
plat. OKAY
Display of goods for sale may be located between buildings and the adjacent road rights of way.
Display -area design shall be harmonious with the lot's site layout and building design. Materials,
supplies, equipment or storage items, may be stored between buildings and State Highway 55 if
landscaped o prevent view from State Highway 55. These items shall be reviewed and approved by
fh,_DPsign Review Board prior to the issuance of any building permits. STAFF'S INTENT IS TO
ALLAY CLUTTER AND UNSIGHTLY STORAGE ON THE PROPERTY, AS WELL AS TO
ENHANCE THE APPEARANCE OF THE ENTRY CORRIDOR INTO THE CITY. STAFF WILL
DEFER TO THE COMMISSION REGARDING THIS CONDITION.
10. All buildings on lots contiguous to the State Highway 55 right of way shall be designed and
constructed with architectural features and materials that enhance the entry corridor into the City.
Metal buildings shall be -prohibited may be permitted if determined to comply with Eagle City Code
Section 8-2A-6-B. Architectural elevations and materials for all buildings shall be reviewed and
approved by the Design Review Board prior to issuance of any building permits. STAFF'S INTENT
IS TO PROVIDE DESIGN GUIDELINES TO ENHANCE THE ENTRY CORRIDORS INTO THE
CITY. THE INTENT OF THE AFOREMENTIONED CODE IS TO ALLOW METAL AS A
MATERIAL IN THE DESIGN OF A BUILDING RATHER THAN AS THE EXCLUSIVE BUILDING
MATERIAL. EAGLE CITY CODE STATES THAT ALL BUILDINGS SHALL COMPLY WITH THE
ARCHITECTURE STYLES FOUND IN THE EAGLE ARCHIT A (EASD)
BOOK ARE PERMITTED STYLES. ARCHITECTURAL STYLES NOT SHOW IN THE EASD
BOOK WILL NOT BE CONSIDERED.
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STAFF WILL DEFER TO THE COMMISSION REGARDING USES ALLOWED WITHIN
THE DEVELOPMENT. STAFF'S INTENT IS TO ALLOW USES THAT ARE NOT
STORAGE INTENSIVE OR OVERLY INDUSTRIAL IN NATURE.
18. As provided for within Eagle City Code Section 8-6-4, up to 10% (approximately .98-acres) of the
land area within the planned unit development (PUD) may be used for the following uses:
10 Clinics
Convenience store without fuel service
Food and beverage sales
Kited retail sales (however, this does not apply to merchandise sales permitted in a
BP zoning district)
STAFF WILL DEFER TO THE COMMISSION REGARDING USES ALLOWED WITHIN THE
DEVELOPMENT.
Service driveways to the building sites facing the road rights -of -way shall be designed to maximize
the landscaping abutting the buildings without compromising function and utility. These items shall
be reviewed and approved by the Design Review Board prior to issuance of any building permits. All
lots and buildings shall be configured so as to screen anv and all loading areas and trash enclosures
from view as seen from residential uses or public roadways. Screening materials and location of the
loading docks and trash containers shall be reviewed and approved by the Design Review Board prior
to issuance of any building permits. OKAY
20. Useable common area amenities, subdivision signage, street trees, existing trees, pathways, buffer
areas, perimeter fencing, etc., shall be reviewed and approved by the Design Review Board prior to
the submittal of a final development plan and final plat.
21. The applicant shall submit a design review application and landscape plan showing fencing -(if
prepesed), trees, landscaping, and berming, and planting details within the 2010-foot wide buffer
areas along State Highway 55 and Horseshoe Bend Road abutting this site for review and approval by
the Design Review Board prior to the submittal of a final development plan and final plat. IT
SHOULD BE NOTED THAT FENCING IS NOT REQUIRED. HOWEVER, IF FENCING IS
PROPOSED AS A SCREENING OR BUFFERING METHOD, IT IS SUBJECT TO DESIGN REVIEW
APPROVAL A 20-FOOT WIDE BUFFER AREA WAS INITIALLY PROPOSED BY THE
APPLICANT ALONG SH 55. OTHERWISE, LANGUAGE IS ACCEPTABLE AS PRESENTED.
Asseeiatien. Combined with Special Condition Number 8. OKAY
23. Provide a license agreement from 1TD and/or ACHD allowing the installation of landscaping located
within the public rights -of -way, and landscape said right-of-way. Submit plans to Design Review
Board for review and approval, prior to the City Clerk signing the final plat.
24. Design Review Board approval for the landscaping for the entire site is required prior to the approval
of any final development plan and final plat. Design Review Board approval for the landscaping for
each individual pad -site lot is required prior to the issuance of any building permit. Individual lots
within this subdivision will be required to have a minimum of 10%
landscaping each.
25. '
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KNPlann ng Dept\Eagk Applicatiom\SUBWOOPOptrtriet Park PUD me2.doc
Combined with Special Condition Number 8, except the final sentence. OKAY
26.
Combined with Special Condition Number
19. OKAY
27. 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.
28. 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 the site shall be
submitted prior to the issuance of any building permits for the site.
29. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This street is4e will be extended in the future".
%rsi—r
30. Applicant may grow alfalfa or a row crop on the subject property until the final plat is approved. IN
THE PAST, THE CITY HAS NOT ANNEXED AND REZONED PROPERTIES IN WHICH THE
APPLICANT DESIRES TO CONTINUE AGRICULTURAL USES IN WHICH SAID
AGRICULTURAL USE IS PROHIBITED IN THE REQUESTED ZONING DISTRICT. BECAUSE
THIS SITE IS WITHIN ADA COUNTY, AND WILL REMAIN AS SUCH UNTIL THE CITY'S
ACTION ON AN ORDINANCE TO ANNEX AND REZONE THE PROPERTY, THE PROPERTY IS
UNDER THE JURISDICTION OF ADA COUNTY. IT IS STAFF'S OPINION THAT IF THE
APPLICANT DESIRES TO DEVELOP IN THE IMMEDIATE FUTURE, THIS CONDITION MAY BE
MOOT BECAUSE APPROVALS MIGHT BE RECEIVED TO DEVELOP THE SITE IN A TIME
FRAME WHERE THE GROWING SEASON MAY NOT HAVE YET ARRIVED (LE.
CONSTRUCTION COULD BEGIN IN SPRING/SUMMER OF 2005 SINCE SITE DEVELOPMENT
PROJECTS USUALLY TAKE APPROXIMATELY 12-14 MONTHS FROM SUBMITTAL OF THE
APPLICATION TO COMMENCEMENT OF CONSTRUCTION).
31. All street lighting shall incorporate the principles of "Dark Sky Lighting" to negate the effects of light
pollution. 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.
STANDARD CONDITIONS OF APPROVAL
• Comment: The following Standard Conditions do not appear to apply to this application,
and we request they be removed from the Planning and Zoning Commission's recommendation and the
final decision on this application to remove known ambiguity and potential ambiguity: 5, 7, 19, 21, 22,23,
24, and 25.
• Comment: References to "homeowner's" throughout the Standard Conditions are not
applicable to this application, and we request they be removed from the Planning and Zoning
Commission's recommendation and the final decision on this application to remove known ambiguity and
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potential ambiguity.
3. Complete water and-sewer-systein construction plans shall be reviewed and approved by
the City Engineer. Required improvements shall include, but not be limited to, extending all --utilities
power, phone, natural gas, water and sewer to the platted property.
Comment: Eagle Sewer District has jurisdiction to review and approve sewer
construction plans, so review and approval by the City Engineer, unless required
by ordinance, is an unnecessary duplication of services and expense under the
auspices of some possible future City responsibility for the sewer system (health
and safety), which, without more facts in the record on this matter, is too remote
and speculative to support this condition..
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. Street lighting may be in the five-foot
(5') wide landscape strip between the five-foot (5') wide concrete sidewalk and the road right-of-ways. All
construction shall comply with the City's specifications and standards.
17. The applicant shall submit an application for Design Review, and shall obtain approval for
all required subdivision landscaping, common area and subdivision signage prior to the City Engineer
signing the final plat.
31. The City's actions on the application does not grant the applicant any appropriation of
water or interference with existing water rights.
STAFF HAS PREVIOUSLY BEEN DIRECTED BY THE COUNCIL TO IMPLEMENT THE
STANDARD CONDITIONS OF APPROVAL AS SHOWN IN THIS APPLICATION. THE CITY HAS
BEEN VERY SUCCESSFUL IN USING DISCRETION TO IMPLEMENT THE APPLICABLE
CONDITIONS FOR EACH SPECIFIC DEVELOPMENT. STAFF DOES NOT RECOMMEND
ALTERING OR REMOVING THE STANDARD CONDITIONS FROM THAT NOTED WITHIN THE
STAFF REPORT.
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