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Findings - PZ - 1997 - CU-3-97 - Temp Gravel Extraction Operation/26.82 Acre/Abut Island Woods Subd/ B. BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION) FOR A CONDITIONAL USE PERMIT) FOR A TEMPORARY GRA VEL ) EXTRACTION OPERATION BY ) ED HENDERSHOT ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-3-97 The above-entitled conditional use permit application having come on and for consideration before the Eagle Planning and Zoning Commission on May 5,1997. 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: Ed Hendershot is requesting conditional use approval for a gravel extraction operation to remove gravel from a shallow pond and use the material as fill to raise two building pads out of the 1O0-year floodplain and to transport 10,000 to 35,000 cubic yards of material off the site. The 26.82-acre site is located approximately 3/8-mile east of Eagle Rd., abutting Island Woods Subdivision on the west and the North Channel of the Boise River on the north. APPLICA nON SUBMITTAL: The application for this item was received by the City of Eagle on April 17, 1997. 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 May 2, 1997. 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 April 25, 1997. Requests for agencies' reviews were transmitted on April 21, 1997 in accordance with the requirements of the Eagle City Code. D. HISTORY OF PREVIOUS ACTIONS: On November 26, 1996, the City Council approved an annexation with rezone (A- Page 1 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU - 3-97 pzf.doc 1-96/RZ-2-96) with a development agreement for this site. E. COMPANION APPLICATIONS: nla F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMPPLAN ZONING LAND USE DESIGNATION DESIGNATION Existing medium density A-R (agricultural-residential) residential (2 mobile residential (four maximum of 2 units homes) units per acre) permitted with development agreement Proposed no change no change temporary gravel extraction North of site Boise River RT (rural transition) vacant (undeveloped) South of site medium density R-5 (residential) vacant residential (four units per acre) East of site medium density RT (rural transition) vacant residential (four units per acre) West of site medium density R-5 (residential) residential (Island residential (four Woods Subdivision) units per acre) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. EXISTING SITE CHARACTERISTICS: This site is within the Floodway Area within Zone AE of a Special Flood Hazard Area. There is a residential development to the east of this site. Otherwise, the area is rural in nature with the North Channel of the Boise River running just north of the site. A small tributary of the river meanders through the site and there are several ponds on-site and in the area. Page 2 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc I. SITE DESIGN INFORMATION: SITE DATA PROPOSED REQ UIRED Total Acreage of Site 26. 82-acres 5-acres (minimum) Percentage of Site Devoted to Building Coverage n/a n/a Percentage of Site Devoted to Landscaping n/a n/a Number of Parking Spaces n/a n/a Front Setback n/a n/a Rear Setback n/a n/a Side Setback n/a n/a Side Setback n/a n/a J. GENERAL SITE DESIGN FEATURES: Number and Uses of Proposed Buildings: n/a Height and Number of Stories of Proposed Buildings: n/a Gross Floor Area of Proposed Buildings: n/a On and Off-Site Circulation: Access to the site is gained through an access parcel within Islands Woods Subdivision No.2. K. PUBLIC SERVICES AVAILABLE: Water and fire service are approved for the site. Sewer service is not available at this time. L. PUBLIC USES PROPOSED: none M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Floodway/Floodplain Evidence of Erosion - yes Page 3 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc Fish Habitat - unknown Floodplain - yes Mature Trees - yes Riparian Vegetation - unknown Steep Slopes - no Stream/Creek - yes Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): To be provided prior to approval of floodplain development permit. The direct or indirect discharge of ground/pond water will need to be addressed as a part of the environmental assessment plan. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: Ada County Highway District - To date a written report has not been provided to the City. ACHD staff state that they have concerns and will comment in writing. Central District Health Division of Environmental Quality - The letter dated May 1, 1997, discusses the recent water quality related events that could effect the outcome of this project. (see attached) Eagle Fire Department Eagle Sewer District Idaho Transportation Department - ITD has reviewed the application and cannot endorse it without details of the location and the connection to Eagle Road (State Highway 55). Q. LETTERS FROM THE PUBLIC: One letter of objection dated May 15, 1997, received from Linda S. Turner. R. EAGLE CITY CODE 8-7-3-2 GENERAL STANDARDS FOR CONDITIONAL USES: The Commission/Council shall review the particular facts and circumstances of each Page 4 of I3 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc proposed Conditional Use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in Section 8-2-3 of this title (Eagle City Code Title 8) for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan and/or this title (Eagle City Code Title 8); C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighborhood uses; E. Will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which are designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. B. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Page 5 of I3 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc Section 8-3-5-K "Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of Commercial Value" C. DESIGN REVIEW ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) D. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (None) E. DISCUSSION: This is a temporary use to remove gravel from a shallow pond and use the material as fill to raise two building pads out of the 100-year floodplain. The item should be approved with the condition that the Conditional Use permit shall expire two years after the approval date at which time the applicant would need to apply for an extension of time (if needed). Per the best management practices (BMP' s) stated within the May 1, 1997 letter from Division of Environmental Quality, the applicant should address the how the direct or indirect discharge of ground/pond water will be managed. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to staff to date, staff recommended approval with the site specific conditions of approval and the standard conditions of approval provided within the report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on May 19, 1997, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. No oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission. Written testimony (from Linda S. Turner) in opposition was presented to the Commission. C. Oral testimony in favor of the application was presented by the applicant who was in favor of the proposed gravel operation for the following reasons: It was mostly contained on site, would enhance the environment by providing additional water habitat areas, and would have only minimal off-site transportation of material (expected to last for less than two months. Page 6 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc COMMISSION DECISION: On May 19, 1997, the Commission unanimously recommended approval (Bradely and Maile absent) of the conditional use permit with the following site specific and standard conditions of approval. Text shown with strike-thru was deleted from staff's recommendations and text shown with underline was added to staff's recommendations. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The Conditional Use permit shall expire two years after City Council approval. A one year extension may be granted by the Council, if requested by the applicant. 2. Comply with Eagle City Code Section 8-3-5-K "Gravel Pits, Rock Quarries, Sand and Clay Pits and Other Natural Resources of Commercial Value". 3. Apply for and obtain approval of a Flood Plain Development Permit Review prior to starting the gravel operation. 4. Submit an Environmental Assessment Plan (as a part of the Flood Plain Development Permit application) prior to starting the gravel operation. 5. Comply with the best management practices (BMP's) as stated within the May 1, 1997 letter from Division of Environmental Quality. 6. }ora materials shall be remo'leà tram the site. 6. The mosquito control method shall be noted in the environmental assessment plan and shall be reviewed and approved by the City. 7. Construction vehicles (dump trucks) shall use the soon to be constructed south entry for the Island Woods Subdivision. if approved by ACHD, instead of the existing main entry into the subdivision. STANDARD CONDITIONS OF APPROVAL: 1. 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. A letter of approval from the highway district having jurisdiction shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 2. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior issuance of any building permits or Certificate of Occupancy, whichever Page 7 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc occurs first. 3. All permits from Central District Health, Eagle Sewer District & Eagle Fire District, shall be secured prior to issuance of building permit or Certificate of Occupancy, whichever occurs first. 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 5. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. 6. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. A copy of the construction drawing(s) shall be submitted with the letter. 7. The applicant shall submit plans and calculations prepared by a registered professional engineer to handle the satisfactory disposal of all storm drainage on the applicant's site. Drainage system plans shall be submitted to the City Engineer for review and approval prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. The lot shall be so graded that all runoff runs either over the curb, or to the drainage easement, and no runoff shall cross any lot line onto another lot except within a drainage easement. All design and calculations shall meet the requirements of Ada County Highway District. Construction of the storm drain disposal system shall be complete before an occupancy permit is issued. 8. 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 Page 8 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc 9. 10. 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 prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer (if applicable) prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. All construction shall comply with the City's specifications and standards. The applicant shall provide a recorded 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 issuance of any building permits or Certificate of Occupancy, whichever occurs first. The applicant shall pay applicable street light inspection fees prior to Certificate of Occupancy. Parking lot light plan shall be submitted and approved as to the location, height and wattage by the City Engineer. All construction shall comply with the City's specifications and standards. Lighting is required in the parking area and shall be properly illuminated to avoid accidents. Any lights used to illuminate the parking lot shall be so arranged as to reflect the light away from the adjoining property. 11. The parking area shall be paved and shall be maintained in good condition without holes and free of all dust, trash, weeds and other debris. 12. One set of building plans, for any non single-family residential use, shall be submitted to the Eagle Fire Department for approval. An approval letter from the Eagle Fire Department shall be submitted to the City prior to issuance of any building permits or Certificate of Occupancy, whichever occurs first. 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. " The 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.. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two b. c. Page 9 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc 13. 14. 15. d. 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 (ie; Commercial, Industrial, Schools, etc.). Flow rates shall 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 or certificate of Occupancy, whichever occurs first. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City PathwaylGreenbelt Committee prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 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 issuance of a building permit or Certificate of Occupancy, whichever occurs first. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 16. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 17. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to issuance of a building permit or Certificate of Occupancy, whichever occurs first. 18. Basements in the flood plain are prohibited. 19. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, 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. 20. New plans which incorporate any required changes shall be submitted for staff approval. Staff may elect to take those plans to the Design Review Board and/or the Planning and Zoning Commission for review and approval. Page 10 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc 21. 22. 23. 24. 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 advises the City of Eagle of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. Approval of any Design Review shall expire without notice to the applicant on the date of expiration of the Design Review, as stipulated in Eagle City Code (one year from the Planning and Zoning Commission approval date). CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on April 17, 1997. 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 May 2, 1997. 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 April 25, 1997. Requests for agencies' reviews were transmitted on April 21 , 1997 in accordance with the requirements of the Eagle City Code. 3. The Commission reviewed the particular facts and circumstances of the proposed conditional use (CU-3-97) in terms of Eagle City Code Section 8-7-3-2, "General Standards For Conditional Uses" and has concluded that the proposed conditional use: A. Constitutes a conditional use as determined by the Zoning Administrator per Eagle City Code Section 8-2-3; B. Is harmonious with and in accordance with the general objectives of the Comprehensive Plan since the gravel extraction operation is a temporary use to be Page 11 of13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc solely for the development of two water amenities for the future construction of two residential dwellings; C. Is designed and will be constructed, operated and maintained in a manner that is harmonious and appropriate in appearance with the existing character of the general vicinity since the operation is expected to be in accordance with Eagle City Code governing gravel pits, and because the operation is temporary in nature and will result in the creation of two water amenities; D. Will not be hazardous or disturbing to existing of future neighboring uses in part because of the temporary nature of the operation, and also since the off-site transport of material will require ACHD and ITD approval and will be limited to a period of a maximum of two months; E. Will be served adequately by essential public facilities and services as stated by the serving entities; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community because there are adequate services available and because the gravel operation is a temporary use; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare and odors, because of the requirements of agencies governing such a use, as is required in Eagle City Code, and as shall be reviewed and approved by the City as a part of the required Environmental Assessment Plan; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares as may be required by the Idaho Transportation Department and/or ACHD; I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance as the applicant is being required to obtain all agency approvals, with regard to flood plain and water quality, for the gravel operation and because the applicant is also required to submit an Environmental Assessment Plan for City review and approval prior to starting the gravel operation. DATED this 2nd day of June, 1997. Page 12 of 13 F:\SHARED\P&Z\Eagle Applications\CU\CU-3-97 pzf.doc J1T ~(:l ............ - City Clerk ) J ~ --A-A-<'""~'~~ÖF'Ë~#####. It... ~ %""",>,"'I'..u""..::C<###~ ":...J"",,- I)~~ ,:: ' ,," ~ t' 0 11..01)' .... .~ " .~ tt> ~ ~ : ~ '" . ).' ~ """ -- ~ * : .. " . . - !, ';,:. c: 17 A .I'~ : , l' '(H,J J.;¡... :A. WI ¡:""... .. ':, \r:ì;,..... ":' ¡ ..~. ð.~-'"",~!'Y..'" 0 ,.. ". ~... ~"""""'}-." ..~,. ~ .., "". """"". .;." 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