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Findings - PZ - 2001 - A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-1-01 - Annex/Rz From Rut To R2p And R2-Da-P /Rivers End/106.83 Acre/173 Lot OR\G\NAl BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A REZONE UPON ANNEXATION (WITH DEVELOPMENT AGREEMENT), CONDITIONAL USE PERMIT, PLANNED UNIT DEVELOPMENT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR RIVERSEND PLANNED UNIT DEVELOPMENT FOR HOWELL-KISER DEVELOPMENT CORPORATION) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-I-Ol/RZ-1-OllCU-3-01/PPUD-1-Ol/PP-1-Ol ) ) ) ) ) ) ) ) The above-entitled rezone upon annexation, conditional use permit, planned unit development preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on May 14,2001. The Commission continued the item to June 18, 2001. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: PROJECT SUMMARY: Howell-Kiser Development Corporation, represented by Mark Butler with Land Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-P (Residential up to two units per acre - PUD) and R-2-DA-P (Residential up to two units per acre with development agreement and PUD), conditional use, preliminary planned unit development, and preliminary plat approvals for RiversEnd planned residential development. The 1O6.83-acre development consists of 173-lot (140- buildable) residential subdivision. The site is located between the North and South Channels of the Boise River approximately 1 /2-mile east of Eagle Road on East Island Woods Drive. A. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on March 22, 2001. 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 April 28,2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 25, 2001. Requests for agencies' reviews were transmitted on March 23, 2001 in accordance with the requirements of the Eagle City Code. C. D. illS TORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: None Page 1 of 29 K:\Planning DeptlEagle ApplicationslSUBSI2001lRiversEnd POD pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNATION Existing Residential Two (up to 2- RUT (Rural Urban Agricultural land units per acre max.) Transition - Ada County Designation) Proposed No Change R-2-P (Residential PUD) & PUD Residential R-2-DA-P (Residential PUD Development Development Agreement North of site Mixed Use RUT (Rural Urban North Channel of Boise Transition - Ada County River & Agricultural land Designation) South of site Residential Two (up to 2- RUT (Rural Urban South Channel of Boise units per acre max.) Transition - Ada County River & Agricultural land Designation) East of site Not within City of Eagle RP (Ada County Rural residences and Area of Impact designation) Agricultural land West of site Residential Two (up to 2- R-2-P (Residential PUD) Island Woods Subdivision units per acre max.) G. SITE D A T A: *Designates data based on the exclusion of Lot 1, Block 8, which is currently located in the floodway and is anticipated by the applicant to be removed from the floodway by FEMA at a future date. Lot 41, Block 1, is currently located within the flood way but is not expected to be removed from the FEMA flood way. Because these parcels are within the floodway, calculations are to be based on non-floodway lands. Data in parentheses denotes inclusion of aforementioned lands for comparison only. Total Acreage of Site - 76.5* (106.83) Total Number of Lots - 126* Residential- 107 (140) Commercial - 0 Industrial - 0 Common - 20 (23) Total Number of Units - 107* (140) Single-family -107* (140) Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 29 K:\P1anning DeptlEagle Applicatioru;\SUBS\2001IRiversEnd PUD pzf.doc Additional Proposed Required Site Data Dwelling Units 1.4* 2-units per acre (maximum) Per Gross Acre (1.01) Except that the City Council may permit an increased density of up to 15% of the allowable number of dwelling units provided that the requirements within ECC Section 8-6-5-4 are fulfilled. Minimum Lot 9,600 sq. ft. 17,000 sq. ft. (minimum) Size Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved) - per ECC Section 8-2-4 (G). Minimum Lot 35-feet 75-feet Width Minimum 35-feet 35-feet Street Frontage Total Acreage 16.78-acres * 14.5-acres (minimum)* (10.68-acres) of Common 7.6-acres for 10% minimum plus 6.9-acres for lots smaller than Lots the minimum (17,000 SF)- per ECC Section 8-2-4 (G) Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. Percent of Site 22%* 19% (minimum - see above) as Common Except that, according to ECC Section 9-3-8 (C) the City may require Area additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Designates data based on the exclusion of Lot 1, Block 8 and Lot 41, Block I (currently located within the floodway). Data in parentheses denotes inclusion of aforementioned lands for comparison only. 0 Special Setbacks for all lots within the development: Front Rear Interior Side Street Side Additional Side Setback for multi-story structures 5-feet per story * The applicant is proposing the interior side setbacks to be 7.5-feet. 20 feet 25 feet 10 feet* 20 feet H. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 22% of common area (19% required - see site data above) for Page 3 of 29 K:\P1anning DeptlEagle ApplicationslSUBS\2001\RiversEnd PUD pzf.doc , -- --- --- ---'----------, phases I through 3. Pathways are shown that meander throughout the sight, connecting sidewalks abutting the roadways to waterways. Eventually, a "circular" pathway park to be located in the northern portion of the site will connect to the eventual citywide pathway/greenbelt network. East Island Woods Drive to the west is designated as a collector with the eastern section of this roadway to be a foreseeable extension of this collector status. The development is installing a greenscape and waterways abutting the majority of this roadway. Storm Drainage and Flood Control: Street drainage plans shall be submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) - No Preservation of Existing Natural Features: The parcel is situated between the north and south channels of the Boise River with numerous existing trees located on the site. Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. The applicant will utilize the existing natural features in the northern portion of the site by constructing a circular pathway system within a "nature reserve", with a path that will connect to the ultimate citywide greenbelt system Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. I. STREET DESIGN: Private or Public Streets: Public and Private The applicant will construct one entryway into the subdivision from East Island Woods Drive, which extends west to Eagle Road. This roadway is to be constructed as a 42-foot street section within sixty-feet of right-of-way. The remainder of the roadways are to be Page 4 of 29 K:\Planning DeptlEagle ApplicationsISUBS\200llRiversEnd puo pzf.doc constructed as a 36-foot street section within 50-feet of right-of-way. The applicant is proposing to construct two thirty-foot wide (approximate) private streets ending in cul-de-sacs, one serving five (5) residences and the other serving four (4) residences. Both cul-de-sacs end within a fifty-foot radius turnaround and each measure approximately 250-feet in length. Applicant's Justification for Private Streets (if proposed): See applicants justification letter dated May 14, 2001. Blocks Less Than 500': No Cul-de-Sac Design, Sidewalks and Curbs and Gutters: There are four cul-de-sacs proposed for the subdivision. All cul-de-sacs are within the maximum foot-length requirements and terminate within a 50-foot radius right-of way. The applicant is proposing tree-lined public streets, with a five-foot wide planter strip between the curb and 4-foot wide sidewalk. A five-foot wide meandering sidewalk with a varied landscape strip is proposed abutting East Island Woods Drive. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. J. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above. K. PUBLIC USES PROPOSED: The site plan for the PUD provides for a "nature reserve" with a circular pathway located within. A path will also connect to the City's ultimate greenbelt system. L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists M. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion - not significant Fish - yes Floodplain-yes Floodway -- yes Mature Trees - yes Riparian Vegetation - yes Steep Slopes - no Stream/Creek: yes Page 5 of 29 K:\PJanning DeptlEagle ApplicationslSUBS\2001IRiversEnd POD pzf.doc Unique Animal Life - no Unique Plant Life - no Unstable Soils - none shown to exist Wildlife - yes N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An EAP report has been submitted with the application. O. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated May 10, 2001 are of special concern (see attached). Ada County Highway District Central District Health Department Department of Environmental Quality Eagle Fire Department Eagle Sewer District Idaho Transportation Department New Union Ditch Company P. LETTERS FROM THE PUBLIC: Letter from Edwin and Delores Perkins, 358 E. Trailside Drive, dated May 5, 2001. Q. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant states in the narrative that the development is proposed to develop in four (4) phases, with an estimated final buildout in 4 years. Phase 1 construction is anticipated to begin as soon as practical after City approvals. Phase 1 will consist of extending Island Woods Drive easterly from its current terminus on the western boundary line to the eastern parcel line. R. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or 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. Page 6 of 29 K:\Planning DeptlEagle ApplicationsISUBS\2001 IRiversEod PUD pzf.doc 5. That the development 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. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. Page 7 of 29 K:\PIanning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc 19. That the uses are planned to be an integral part ofthe PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. In cases where an increase in residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING - For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 23. SITING - For up to 5% That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering), incorporated into this development, exceed that of a non PUD development. 24. DESIGN FEATURES - For up to 5% That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6 - Land Use 6.3 - Land Use Designations Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the flood way which can pose significant hazards during a flood event. Also, the flood way areas shall not be considered as a part of the minimum area of open space required with the zoning ordinance unless developed as noted within this paragraph, and shall be excluded from the gross land area for calculating residential densities permitted. Any portion 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. Chapter 8 - Transportation 8.3.1 - Paths Page 8 of 29 K:\Planning DeptlEagle Applications\SUBSI2001IRiversEnd PUD pzf.doc Function: To provide for recreation and alternative transportation; important to provide safe continuous thoroughfares with minimal cross flow of vehicular traffic. Location: Paths could be located on corridors separate from roadways such as utility easements, irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway right-of-ways and would usually be separated from vehicle travel lanes and the paved section of the roadway by a median or sidewalk. 8.6 - Implementation Strategies c. Encourage roadway design standards that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Ada Planning Association (AP A), and other agencies that may be responsible for roadway planning and design. e. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle TransportationlPathway Network Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra- neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. Chapter 9 - Parks, Recreation and Open Spaces 9.5 - Pathways and Greenbelts Pathways are nonmotorized multi-use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.2 - Objectives e. All development should provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. g. Improve/provide access to greenbelt/pathway east of Eagle Road on the south side ofthe North Channel of the Boise River. 9.6 - Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 Goal To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood Page 9 of 29 K:\Planning DeptlEagle Applications\SUBSI2001\RiversEnd PUD pzf.doc ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. 9.6.2 Objectives a. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. b. To provide an open space setting for active and passive recreation for all age groups throughout the community. c. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. d. To protect the natural lay of the land (e.g., minimize land disturbance). e. To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. Chapter 11 - Special Areas and Sites 11.1 - Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognized qualities which render them distinctly unique. The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills possess a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. Chapter 12 - Community Design 12.4 - Implementation Strategies c. The floodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, and open space recreational area and for agricultural uses. I. Encourage the development of pathways and open-space corridors throughout the City. q. Maintain the rural residential character and open space environment in and around the City. Page 10 of 29 K:\P1anning Dept\Eagle ApplicationslSUBSI200l IRiversEnd PUD pzf.doc B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . ECC Section 8-1-2 OPEN SPACE: A common area platted as a separate lot, provided within a recorded easement, or dedicated to and accepted by the City. The area shall be substantially open to the sky, exclusive of streets, buildings and other covered structures, and shall be designated and intended as a useable and convenient amenity to any proposed development. Floodwav areas, wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required. . ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same square-footage in open space and a planned unit development is applied for and approved. . ECC Section 8-2A-7 (4) (a) Major Roadways: New residential developments, including, but not limited to, subdivisions and multi-family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the distance from the outside wall of the lowest story of any single-family attached or detached dwelling and the right-of-way line of the roadway. The lowest story must be screened from the view of any street classified as a collector, arterial, freeway, or expressway. This buffer is required either on individual lots or as an easement, or as part of the common open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the center line) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: Any road designated as an urban or rural collector on the AP A Functional Street Classification Map: A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one-foot (1') vertical distance. If a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area at the top of the berm shall be provided for the placement of the fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet Page 11 of 29 K:\Planning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc (4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. The five foot (5') minimum height requirement for the berming/fencing shall be permitted to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to the thirty five foot (35') wide buffer noted above. . ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES" Public sites and open spaces shall conform to the following: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, water courses, historic spots and similar irreplaceable assets) shall be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large-scale developments, the Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. . ECC Section 8-7-3-5: CONDITIONAL USE PERMIT: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on-site or off-site public facilities or services; and 7. Requiring more restrictive standards than those generallv required in this Title. . ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. C. SUBDIVISION ORDINANCE PROVISIONS REGARDING TillS PROPOSAL: WHICH ARE OF CONCERN SPECIAL Page 12 of 29 K:\Plwming DeptlEagle Appfu;ationsISUBS\2001 IRiversEnd PUD pzf.doc . ECC Section 9-3-8 (B) Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. . ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units. This may be reduced by the City Council if there is a showing that the needs of a particular development are less. . ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas. . ECC Section 10-1-3: Interpretation and Application of Provisions: A. Jurisdiction and Interpretation: This Title shall apply to all areas of special flood hazards within the jurisdiction of the City. In the interpretation and application of this Chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the City; and, 3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code. B. Conflicting Laws: This Title is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. D. TITLE 10 FLOOD CONTROL PROVISIONS WillCH ARE OF SPECIAL CONCERN REGARDING TillS PROPOSAL: . ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of fifty-feet (50') from the floodway line. . ECC Section 10-1-8-5 (D) Open Areas: Except for required berms, open areas such as parks, golf courses, greenbelt areas, parking lots, etc., within the area of special flood hazard shall be designed and operated so that they may flood and maintain existing natural storage capacity for waters during the base flood event. Levees or berms shall not be used for flood control. E. DISCUSSION: . The Comprehensive Plan's land use map designates this site as Residential Two (up to two dwelling units per acre. . A Development Agreement has been proposed to guide the development of the northern parcel (Lot 1, Block 8) currently located within the floodway which is anticipated to be moved out of the floodway subsequent to completion of a review by FEMA. The Development Agreement Page 13 of 29 K:\Planning DeptlEagle App1ications\SUBS\2001\RiversEnd PUD pzf.doc is a discretionary tool which be used as a condition of rezoning to assure the proper development of this parcel. The Development Agreement proposed by the applicant and that proposed by the City are attached for review. . The majority of the open space proposed for the development consists of ponds and waterways abutting the rear property lines of a number of lots. The site planning of the RiversEnd development has incorporated the City's goal of providing pathway systems, and preserving natural features but the service for the recreational needs of the future and existing residents may be considered minimal compared to other approved PUDs. Island Woods Subdivision and Two Rivers Subdivision are examples of developments that not only include pathways and water amenities, but also provide clubhouses and tennis courts. In addition, there are subdivisions such as Great Sky Estates and Redwood Creek which were not developed under the PUD guidelines yet still offered swimming pools for the residents. In addition, Eagle City Code Section 8-1-2 states in part that open space is intended to be a "useable and convenient amenity". This code section further states, "Flood way areas, wetland areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part of the minimum area of open space required". The question arises as to whether the proposed waterways within the development are to be considered 1) as a useable amenity and 2) similar to a wetland area or drainage ditch. The 2000 Eagle City Comprehensive Plan states in chapter nine, "Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat". The waterways may be considered an appealing amenity by some and a bothersome nuisance by others. Waterways provide calming qualities such as serene views with wildlife and plant material as well as the opportunity for recreation. Waterways may also become clogged with stagnate water, breeding grounds for pests and overgrowth of plant material. Because information is lacking as to how the ponds may be used (recreation) and how they are to be maintained, discussion by the applicant should address these issues. Furthermore, the waterways are proposed to accommodate storm water runoff, presumably a majority of it from the roadways. Because Eagle City Code excludes wetland areas and drainage ditches to be considered as part of the minimum open space required, the comparison of the waterways to drainage ditches and wetland areas should be considered. Therefore, the Council may want to consider the following: 1) Are there enough amenities provided for the site (such as clubhouses and pools)? 2) How useable are the proposed amenities (such as passive versus active)? And 3) Are waterways similar in feature to wetland areas and drainage ditches and therefore excluded from consideration as open space? . ECC Section 8-6-1 (A) states in part that a reduction in building setbacks may be permitted within a PUD. The applicant is proposing the following setbacks: 20' -front, 25' -rear, 7.5' side, and 20' -street side for all lots within this development. The setbacks proposed are similar to the setbacks required in an R-4 zone which has a minimum lot size of 8,000 square feet. Because of the proposed nature of this project ("upscale housing") and the properties to the west (Island Woods, Two Rivers), the proposed setbacks would allow a significantly larger house to be built on the lots within this development, compared to houses built in other subdivisions Page 14 of 29 K:\Planning DeptlEagle ApplicationslSUBS\2001 IRiversEnd PUD pzfdoc ------------ --. --- within the City where the lot sizes are more appropriate for higher density development. Side setbacks tend to lose effectiveness when larger houses are built on smaller lots initially intended for denser areas. The spaces in between houses become dwarfed due to the close proximity to each other and high walls typical of larger homes. Eagle City Code Section 8-7- 3-5 states in part that under a conditional use permit under Title 8 allows for more "restrictive standards than those generally required in this Title". Therefore, to avoid a canyon-like appearance and preserve a more open and airy atmosphere, the side setbacks should be increased to a minimum of lO-feet. The southern portion of the preliminary plat shows the flood way line traversing through the lots (Lots 7-10, 29-31,38-40 and 42-43, Block 1) which would limit the location of any structure to a minimum setback of (50) fifty-feet from the flood way line. The plat should delineate a building "envelope" in which structures can be built for these lots meeting the fifty-foot setback from the flood way line as well as the supplementary setbacks listed herein. . Lot 1, Block 8, (located in the current flood way in the northern portion of this site) is shown on the preliminary plat with the intent to subdivide at a future date if the FEMA flood way line is moved to the north (see Development Agreement text and Preliminary Development Plan map for this application). The parcel is proposed to be a non-buildable lot, with an easement extending from the northern portion of the proposed subdivision to the proposed "nature reserve". This plat should have a note which states that Lot I, Block 8, is a non-buildable lot (until such time as the FEMA floodway line may move) and a note addressing the pedestrian and maintenance access easement extending through this lot to the northern "nature reserve". . Lot 41, Block 1, (located in the flood way in the southern portion of this site) is shown with no access to a public right-of-way. The applicant has stated that the lot is intended for the use of the abutting parcels (Lots 38, 39, 40 and 42, Block 1), yet no indication of this is shown on the plat. The plat should be revised to extend the lot lines of the aforementioned lots from their current southern terminus through to the southern boundary line of Lot 41, thereby eliminating lot 41 and creating larger lot sizes for Lots 38, 39, 40 and 42, Block 1. . ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of boats, campers, and trailers. The applicant has requested to deviate from this ordinance and states in the narrative that the CC&Rs will specify the storage of boats, campers, and trailers in an enclosed building. The applicant should provide more detail as to where the enclosed building is to be located, Le. upon each individual lot or in a central common area. If the Council determines that individual lot storage is more appropriate than a common storage facility, the applicant should provide a copy of the CC&Rs for review which define the proper storage of the boats, campers and trailers. If a common storage area is required, then the applicant should be required to obtain design review approval and should construct the storage area prior to City Clerk signing the final plat for the fist phase. . ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas. The applicant has requested to deviate from this ordinance and states in the narrative that an outside contractor will be hired by the homeowner's association to maintain and service the common areas. If the Council determines that an outside maintenance contractor is more appropriate than an on-site maintenance building, the applicant should provide a copy of the CC&Rs for review which define the guidelines for the contracting of an outside maintenance rum. If a maintenance building is required, then the Page 15 of 29 K:\Planning DeptlEagle ApplicationsISUBS\2001\Riven;End PUD pzf.doc applicant should be required to obtain design review approval and should construct the maintenance building prior to City Clerk signing the final plat for the fIrst phase. . ECC Section 8-2-4 states in part that the required width of all lots (as measured at a point midway between the front and rear property lines) within an R-2 zone shall be a minimum of 75-feet. The applicant has requested to deviate from this requirement for six (6) uniquely shaped lots located in the southern section of this parcel. The letter does not specifically identify which lots the deviation is requested for, but staff has reviewed all lots within the preliminary plat for compliance with this ordinance. Staff has determined that Lots 10, 29 and 42 of Block 1 are not in compliance with Eagle City Code as the minimum width measured at the midway between the front and rear property lines is less than 75-feet. However, these midway points fall onto locations where the driveway accesses to the lots are most likely to be constructed. The lots then expand to widths greater than the minimum required. The Council may determine that the driveway access width is not the significant factor in siting a residence on a lot but rather the bulk of the lot itself establishes an appropriate placement of a structure. The applicant should provide a revised preliminary plat showing Lots 10, 29 and 42, of Block 1 meeting the required lot width of 75-feet unless it is determined by the City Council that the intent of the minimum lot width is to provide ample space for a dwelling unit rather than to accommodate a driveway access to the site. . East Island Woods Drive to the west is designated as a collector with the eastern section of this roadway to be a foreseeable extension of this collector status (as shown on the City of Eagle's TransportationlPathway Network Map #1 of 2). New developments are required to provide a 35-foot wide separation (buffer) between homes and a collector roadway. Although a majority of this requirement has been accommodated, seven lots (Lots 2 and 48, Block 1, Lot 2, Block 2, Lot 2, Block 3, Lots 2 and 24, Block 4, and Lot 2, Block 7) abutting East Island Woods Drive are located approximately 20-feet from the right-of-way. The applicant should provide a revised preliminary plat showing the aforementioned lots separated from the East Island Woods Drive right-of-way by a 35-foot wide landscaped buffer. . East Island Woods Drive intersects with Eagle Road and is in alignment with West Island Woods Drive on the west side of Eagle Road. This intersection may be considered a prime situation for the installation of a traffic signal due to increased traffic volumes on Eagle Road and future increases on both West Island Woods Drive and East Island Woods Drive. With a portion of East Island Woods Drive designated as a collector and the potential extension of this road to the east (as shown on the City's TransportationlPathway Network Map #1 of 2), the intersection at Eagle Road may (if it has not already) exceed safe and efficient usage. The City has received a letter from ITD which recommends that the City require the developer to pay a share for the cost of a signal and improvements at the intersection. This is a valid consideration but the question arises as to what is a fair and proportionate share? The RiversEnd development would not be the only subdivision to use the intersection nor has it contributed to the current poor condition of the traffic at the intersection (although it may be assumed that the subdivision will add to the situation in the future). More importantly, the Eagle RoadlIsland Woods Drive intersection is under the jurisdiction of ITD and the Ada County Highway District and therefore the City is not able to require conditions in which it has no authority. However, the City may recommend to these agencies that they require not only the developer of RiversEnd but also the developer of Two Rivers and Island Woods to provide a proportionate share of the cost to construct a traffic signal and other improvements at the intersection. Page 16 of29 K:\Planning DeptlEagle ApplicationsISUBSI200I\RiversEnd PUD pzf.doc . The applicant has submitted a Development Agreement for the northern portion of the property referred to as Lot 1, Block 8 of the preliminary plat. Included with the attached documents are the applicant's version with the footer marked "C:\My Documents\LCNobs 2000\RiversEnd DA ver1.doc" and the City's version with the footer marked "K:\Planning Dept\Eagle Applications\SUBS\200 1 \RiversEnd da1.doc". STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval of the rezone upon annexation, conditional use permit, preliminary development plan, and preliminary plat with the site specific conditions of approval and the standard conditions provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on May 14, 2001, at which time testimony was taken. The Commission continued this matter until June 18, 2001, in order to receive additional testimony, closed the public hearing and made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by thirteen (13) individuals on May 14, 2001 and one (1) individual on June 18, 2001. The issues addressed were generally related to traffic concerns such as the funding and installation of a traffic signal at the intersection of Island Woods Drive and Eagle Road, and the routing of construction traffic; the need for this development to provide amenities such as a pool and tennis courts, and the effect this development will have on water pressure and existing waterways. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one individual who supported the project provided that the applicant comply with the City of Eagle's special recommendations to the Idaho Transportation Department and the Ada County Highway District, as provided within the staff report. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of A-I-01/RZ-I-0l/CU-3-01/PPUD-I- 01/PP-2-01 for a rezone with development agreement upon annexation, conditional use, preliminary planned unit development, and preliminary plat approvals for RiversEnd planned residential development with the following staff recommended site specific conditions of approval and standard conditions of approval with strikethrough text to be deleted by the Commission and underline text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all site specific recommendations provided within the City's Engineering firm's (Holladay Engineering) letter dated May 10, 2001. Except that the Citv acknowledges that items #3, #4 and #5 are not issues with this PUD in that the ponds are part of the open space and are not wetlands and that the lot sizes referenced in #4 and #5 are permitted to be decreased with the PUD. 2. Provide a revised prelimiaary plat showing Lots 10, 29 and 42, of Block 1, meeting are granted an exception from the required lot width of 75-feet \:laless it is àetermiaoo by the City Co\:lneil that the inteBt of t-he æÍHimüffi lot ',viàth is to prøvide ample space for a àv/elling \:lHit rather thaa to Page 17 of 29 K:\Planning DeptlEagle ApplicationslSUBS\2001\RiversEnd PUD pzf.doc aü,wHUBodate a dri'/e\vay aeüess to the site as requested bv the applicant with this PUD and said lots may be reduced in width as shown on the submitted preliminary plat. 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 each lot corner except that an additional tree shall be required for Lot 33, Block 1. Lot 36, Block 1 and Lot 46, Block 1. Lot 4. Block 4, Lot 1. Block 5, and Lot 2, Block 5 with the distance between trees to be no more thaR gO feet or less than 35-feet. The trees shall be located in a landscape strip between the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install the required trees, landscaping, 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. 4. Other than the sidewalks along the streets, meandering pathway/trails within the subdivision shall be 6-foot wide minimum asphalt or concrete. 5. A Flood Plain Development Permit application shall be submitted upon final plat application. 6. Provide a revised preliminary development plan and preliminary plat which states that Lot 1 Block 8 is, "Currentlv Floodway - non-buildable lot". If at any time in the future the FEMA flood way line is moved to a point sufficient enough to allow for development, the parcel may be submitted to the City for preliminary plat approval in accordance with the recorded Development Agreement accompanying this application. 7. If at any time in the future the FEMA floodway line is moved to a point sufficient enough to allow for development in Lot 1, Block 8, then a new preliminary plat application for this location may be considered provided the design is consistent with the preliminary development plan (including lot layout and roadway design) submitted with this application. 8. Provide a revised preliminary plat showing the extension of the lot lines for Lots 38, 39, 40 and 42 of Block 1 from their current southern terminus through to the southern boundary line of Lot 41, thereby eliminating lot 41 and creating larger lot sizes for Lots 38, 39, 40 and 42 of Block 1. 9. Provide construction plans to the City Engineer for review and approval which detail how the proposed waterways are to be maintained, will prevent stagnation and breeding of pests, and how storm water is to be accommodated, prior to the City Engineer signing the final plat. 10. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items unless the City determines that any difference between the preliminary development plan and final development plan needs additional public comment because of possible impacts to surrounding property owners, to this development, or to the community, or inconsistency with the conditions herein. If the City determines that a public hearing shall be held on the final development plan, notice shall be provided for (as was required for the preliminary development plan). The area shown as Lot 1, Block 8, on the preliminary development plan shall not be considered for approval by any final development plan/final plat application. A new preliminary plat application will be required prior to the platting of any lots in this area (provided the area is removed from the flood way by FEMA). 11. Provide a revised preliæiRary plat '.'lith a Rote desigRating the private road Lots 5 aRd 37 of Bloek 1 to Page 18 of 29 K:\Planning DeptlEagle ApplicationsISUBSI2001\RiversEnd PUD pzf.doc proviàe aeeess from the pliblie right of way to Lots 6, 7, g, 9, 10, 39, 39, 40 and 42 of Bløek 1. Provide in a recorded easement document and in the CC&Rs for the subdivision that each of the Lot Owners of lots accessed bv a private road will have an undivided fee interest in the private road and that each lot accessed by that private road would have reciprocal easement rights of ingress and egress over and across the private road to the public streets. This document shall also spell out that there shall be no parking of any kind in the private road. 12. The street and pathway configuration shall remain substantially as shown on the Preliminary Development Plan submitted to the City with this application. Provide a revised preliminary plat showing a minimum lO-foot wide easement for a pathway on the north side of the South Channel of the Boise River as depicted on the City of Eagle's Comprehensive Plan Transportation / Pathway Network Map #1 of 2. 13. Provide a revised preliminary plat showing a minimum lO-foot wide access easement from the RiversEnd Subdivision to the South Channel of the Boise River. A 5-foot wide asphalt pedestrian pathway shall be constructed within the access easement. 14. All healthy trees (as determined by a certified arborist) shall be preserved and integrated into the open space design for the development. A re'lÍsed pr-elimiHary plat and Fe';ised detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design review Board) shall be provided for Design Review Board approval prior to Council approval of a final development plan. 15. Establish a mechanism for the repair and maintenance of the private streets, including provisions for the funding thereof, within the required CC&R' s for the subdivision and provide any necessary notes on the final plat, all to be reviewed and approved by the City Engineer and City Attorney prior to City approval of the final plat. 16. Provide a revised preliminary plat with a note providing access to the irrigation junction box located at the southern end of Lot 9 Block 1. Specific easement language shall be reviewed and approved by the Zoning Administrator prior to City approval of the final plat. 17. Until such time that Lot 1, Block 8, is re-subdivided, provide a revised preliminary plat with a note providing peàesfrian and maintenance access through and across Lot 1 Block 8 to the proposed nature reserve and greenbelt located in the northern portion of the site. If and when Lot 1, Block 8, is re- subdivided, an access easement for pedestrian access to the nature reserve and greenbelt as well as maintenance access shall be provided. Specific easement language shall be reviewed and approved by the Zoning Administrator prior to City approval of the any final plat that includes the area shown as Lot 1, Block 8. 18. The applieaat shall proviàe jlistifieatiÐH and apply for the proposed private roads IDeated withiB this sHbàivisioB prior to any aetioB by the PlaBBiHg aBd ZoBiBg Cmnm1ssioB. The applieant shall slibmit aB applieatioB f-ee of $617.90 based lipOB $400.00 (base fee) pllis 9.3& eeHts per liBeal foot (570 liBeal feet-ef The private streets proposed within the subdivision are hereby approved. Submit construction plans showing construction details of the private streets upon submittal of a final plat for Phase 3. 19. Useable park amooities slieh as, picHÏe tables, ga-zebos, s\viBg sets, basketball eolirts, ball fields aHd/or similar aæeRities as àetermiRed by the City ColiReil shall be provided withiH the opoo spaee areas. Useable open space/ common area amenities generally as shown on the colored rendering submitted with the application shall be provided. These specifically include: acres of pond abutting almost every lot: nature areas; internal pathways as well as a portion of the greenbelt pathway; a 20-foot bv 30-foot Page 19 of 29 K:\Planning DeptlEagle Applications\SUBSI200I\R;versEnd POD pzf.doc (approximate) swimming pool and common lot: the Blue Heron and Peregrine Pointe gathering and recreation areas each consisting of a gazebo. seating and fishing areas: two meditation plazas for small social gatherings. These amenities and the landscape plans showing the open space amenities shall be reviewed and approved by the Design Review Board. 20. Minimum lot sizes, lot widths and setbacks shall be as stated within the "Site Data" section "G" of this report with the following revision: All interior side yard setbacks shall be a miRimlim of 10 feet comply with the R-2 interior side setbacks as stated in ECC Section 8-2-4 and as measured from the side property line to the building foundation for all units within the subdivision. 21. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior to approval of final development plan. 22. The applicant shall submit a design review application showing proposed subdivision signage and a landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and berming, fencing, and planting details within the required 35-foot wide buffer area where required by Eagle City Code Section 8-2A-7 (J) (4) along either side of East Island Woods Drive traveling through this site or submit a request for an alternate method of compliance as provided for within Eagle City Code Section 8-2A-7 (0) for review and approval by the Design Review Board prior to City approval of a final plat. 23. The entire RiversEnd development shall remain under the control of one Homeowners Association. 21. "A~ maiRteRaRee bliilàiÐ.g skall Be provided of SlieR size aøà iH suck løeatioR as is sliitable for tee servÍee Reeàs Hiat are Heeessary for the repair aHd maiRteRaHee of all COHllBOR areas IiRless it is determiReà that aø Otitside maiHteRanee eoRtrac:tor hir-eà to care for the C:ØHlfÐOR area 'will satisfy this reqliir-emeRt. If tee ColiReil àetermiRes that aB olitside maiRteHaøee eoRtraetor is more apfJropriate tRaø aft OR site maiRteHaøee BliilàiHg, Hie applicaøt sholilà proviàe a cop)' of the CC&Rs for r-evie'.... 'Nhich defiRe the gliiàeliRes for Hie c:üBtractiHg of aB olitside maiHteBaHee flflB. If a maiHteRaBee bliildiRg is reqliir-ed, thØR the applicaftt seolild be r-eEtHir-eà to oBtaiR desigR re'liew approval aøà sholild coRsHtiet the maiRteHaøee BliildiBg prior to City Clerk sigHiBg Hie fiRal plat. The CC&R's for RiversEnd shall provide that the association shall have the duty to maintain and operate 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. The association shall utilize competent outside contractors. 25. Proviàe a revised fJrelimiBaf)' plat ShOV/ÍHg aB area specific:ally àesigsatoo for the storage of Boats, campers, aHd trailers, IiBless it is àetermiRoo that iRàiyiàlial lot storage is more apl3ropriate thaø a eOHllBOR storage faeility, Hie applicaøt sholilà pro'liàe a eopy of the CC&Rs for review ""hieh àefiHe the proper storage of the boats, eampers aøà trailers. If a eOIlliHOH storage area is reqliireà, theft the applieaøt sholild be reqliireà to oøæiR àesigR revie'", approval aftà shølilà eoBsHtict the storage ar-ea prior to City Clerk sigHiHg the fiHal plat for the fist phase. The storage area shall Be revie'.veel aBà approveà BY the DesigB Re'lie'.v Board aøà eoÐskHcted prior to the City Clerk sigsiRg the fiBal plat. RiversEnd will not provide any common on-site storage facilities for boats, campers. RV's or the like. The CC&R's shall provide that the storage of any vehicles, whether they be automobiles, pick-u~ trucks, SUV's or a small boat shall onlv be stored in a city approved (and Architectural Control Committee (ACC) approved) garage. There shall be no open outdoor storage of any boats. sail boats, RV's or the like in the subdivision. 26. All construction equipment consisting of twelve (12) tons grOSS vehicle weight (GVW) and over shall Page 20 of 29 K:\Plamring DeptlEagle ApplicationsISUBS\200 I IRiversEnd PUD pzf.doc enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and prohibited on Sunday. 27. No excavated materials shall be removed from the site. 28. The applicant shall submit a phasing plan prior to the submittal of a final plat application. 29. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the floodwav line as shown on the accepted FEMA maps current at the time of submittal for final plat. The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from the floodwav line. SPECIAL RECOMMENDATION TO ITD AND THE ACHD: The City recommends that the Idaho Transportation Department and the Ada County Highway District require the developers of Quarter Circle Ranch PUD (final platted as Two Rivers Subdivision), Island Woods PUD and RiversEnd PUD to each provide a proportionate share of the cost to construct a traffic signal and other improvements at the intersection of Eagle Road and Island Woods Drive. 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. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and LC. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.c.c. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. Page 21 of 29 K:\Planning Dept\Eagle Applications\SUBS\2001 IRiversEnd PUD pzf.doc 9. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. 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 flfSt been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the fmal plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department Page 22 of 29 K:\Planning Dept\Eagle ApplicationslSUBS\2001 IRiversEnd PUD pzf.doc 15. 16. officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. The proposed fIfe 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 family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute for non-residential uses (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall 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. The proposed fIfe protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. b. c. d. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. 20. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. Page 23 of 29 K:\Planning DeptlEagle AppticationsISUBS\2001\RiversEnd PUD pzf.doc 22. 23. 24. 25. 26. 27. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 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 approval of the final plat by the City Engineer. 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 the City Engineer signing the final plat. Basements in homes in the flood plain are prohibited. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 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 representati ve and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confmnation of any change from the City of Eagle. 28. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2». After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the fmal plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 29. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the fmal plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 31. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. Page 24 of 29 K:\Planning DeptlEagle App1ications\SUBSI2001\RjversEnd POO pzf.doc CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on March 22,2001. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on April 28, 2001. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on April 25, 2001. Requests for agencies' reviews were transmitted on March 23,2001 in accordance with the requirements of the Eagle City Code. 3. In accordance with Eagle City Code findings for a rezone upon annexation with a development agreement, conditional use permit, preliminary development plan and preliminary plat the Eagle Planning and Zoning Commission makes the following conclusions for A-I-01/RZ-I-0l/CU-3- 01/PPUD-I-Ol/PP-2-01 for RiversEnd planned residential development as proposed with the conditions recommended herein: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The subdivision is to carefully transition from open pasture to a planned residential community with areas of landscaped open space, a nature reserve and water features patterned after Island Woods and sensitive to Eagle Island. There will be a range of housing opportunities from 9,600- square foot lots to 3-acre custom home sites. Connection to the North Channel of the Boise River greenbelt will be provided and residents will be able to conveniently walk or bicycle to the City's downtown and other Eagle retail businesses from the development. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The RiversEnd development has been designed to retain the natural waterways as well as incorporate the calming effects and beauty that watercourses provide. Existing views, water features, and existing specimen trees will be preserved and enhanced. Access to the site will be from Eagle Road on Island Woods Drive, constructed in part to function as a collector roadway. A Homeowners Association will be formed to enforce the development conditions of the subdivision in a manner similar to Island Woods. All property owners will be required to join the Homeowners Association which will also be responsible for maintenance of the common areas and the community facilities from homeowner fees and assessments. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will have access off of Eagle Road on Island Woods Drive, which was constructed as a collector and planned to continue easterly to serve future development on Eagle Island. The development will provide a landscaped buffer area between this development and the Island Woods subdivision to the west although the two subdivisions will be so similar in Page 25 of 29 K:\Planning DeptlEagle App1icationsISUBSI2001IRiversEnd POO pzf.doc appearance to each other in many aspects (including lot size, architecture and landscape amenities), that citizens may not know there are two different developments in this location. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or 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 because; No major impacts are expected as this development should only develop normal traffic that would be related to a 140-lot subdivision development. This development will also contribute funds to facilitate the installation of a traffic signal at the intersection of Eagle Road and Island Woods Drive, thereby improving traffic service at this intersection. 5. That the development 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 because; All central services are available to be extended into the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. The addition of more residences to the area should help facilitate the construction of new buildings within the School system. 6. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or road district. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal because; The development plan was designed with consideration to not only preserve the surrounding natural environment of the river area but to also incorporate these features within the development. Watercourses located within common areas are situated as near to individual home sites as possible, with pathways to connect to all points within the subdivision. A nature reserve with a pathway system located in the development will provide the residents an area to enjoy the natural environment as well as give access to the City's greenbelt system. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from Eagle Road by way of Island Woods Drive. A portion of Island Woods Drive was constructed to function as a collector and planned to extend to serve future development to the east. Access onto and exiting from Eagle Road should be aided in the future by the installation of a traffic signal, provided that warrants are present to construct the signal. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or Page 26 of 29 K:\Planning DeptlEagle ApplioationslSUBSI2001 IRiversEnd PUD pzf.doc historic feature of major importance because; The project area is limited due to the natural boundaries of the North and South Channels of the Boise River. Because of this, the site will only develop open pastureland while preserving and incorporating the natural features that the Boise River provides. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is an ideal fit with the Comprehensive Plan. Current zoning classification encourages this type of development. The Comprehensive Plan under land use states, "Development within this land classification should be required to proceed through the PUD and/or Development Agreement process. Residential densities of up to two dwelling units per gross acre may be considered by the City for this area. " 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This application is requesting the following approvals: 1. Rezone from Agricultural to Residential R-2-P; 2. Preliminary Plat Application/Conditional Use Permit for puns; and 3. Flood Plain Development Permit The proposed RiversEnd Subdivision has been planned to be in confonnity with the PUD intent and development guidelines as stated below: PUD "It shall be the policy to guide a major development of land and construction by encouraging planned unit development (POO) to achieve the following: 8-6-1 Purpose A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements. B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial...uses and services. C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns." D. A more efficient use of land than is generally achieved though conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan." Page 27 of 29 K:\PIanning DeptlEagle Applications\SUBSI2001lRiversEnd PUD pzf.doc -------------- -- 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations because; The RiversEnd PUD proposal envisions a variety of lot SIzes within the R-2 Zone District. The variety of housing types in the subdivision is a significant element to creating and supporting an innovative open space and community facilities plan. D. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Commission has determined that: 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 the private street will serve to enhance the overall development. The following reasons support the above noted finding: Because this development is located on Eagle Island and bound by the Boise River to the north and south, the design will limit the number of units and configuration of lots allowed in the 100 year floodplain; and because the applicant is planning to provide a unique housing opportunity within the larger lots located on the southern edge of the development by offering an intimate setting accomplished in part by providing narrow (less than public standards), non-continuous streets; 2. The private street within the subdivision provide safe and effective movement of both vehicular and pedestrian traffic because of the following: The roadways will be designed to be non-continuous and terminate in cul-de-sacs, thereby limiting the number of vehicles using the roadways; and because the only 9 lots are being served by these roads, the number of vehicles and pedestrians using the roadways is further limited; 3. The private street provides adequate access for service and emergency vehicles: The Eagle Fire District will be required to approve the design of the roadways, and since the cul- de-sacs have been designed with large enough turnarounds to accommodate the turning radius of emergency vehicles; 4. The private street within the subdivision does not adversely affect access to adjacent properties: The private street will not adversely affect access to adjacent properties since it will not connect one public street to another and since it does not take away existing public street accesses to surrounding properties; The private streets will not landlock adjacent property due to topography or parcel layout as shown on the proposed plan, and since all adjacent properties currently have access to public roadways; 5. The private street within the subdivision does not connect one public street to another; 6. The use or alignment of the private street within the subdivision does not interfere with the continuity of public streets as noted above; and 7. An appropriate mechanism will be established for the repair and maintenance of the private street, including provisions for the funding thereof, within the required CC&R' s for the subdivision and Page 28 of 29 K:\P1anning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc with any necessary notes to be provided on the fmal plat, all to be reviewed by the City Engineer and City Attorney prior to City approval of the final plat. DATED this 2nd day of July 2001. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~~ John F~de . CluUrman A Page 29 of 29 K:\Planning DeptlEagIe ApplicationsISUBS\2001IRiversEnd PUD pzf.doc