Findings - PZ - 2013 - RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12 - Mace River Ranch Sub - Rz From A To R2-Da-P Mace River Ranch Subd/283 Lot/192.76 Acre/800 W. Mace Road BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
FOR A REZONE WITH DEVELOPMENT )
AGREEMENT, CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR THE MACE RIVER )
RANCH PLANNED UNIT DEVELOPMENT )
FOR MACE RIVER RANCH,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12
The above-entitled rezone with development agreement, conditional use permit, preliminary development
plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their
consideration on December 17, 2012. The public hearing was continued to January 7, 2013, at which time
the Commission made their recommendation. The 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:
Mace River Ranch, LLC, is requesting a rezone from A (Agricultural up to one (1) unit
per twenty (20) acres) to R-2-DA-P (Residential up to two (2) units per acre with a
development agreement — PUD), conditional use, preliminary development plan, and
preliminary plat approvals for Mace River Ranch Subdivision, a 283-lot (255 buildable
and 28 common) residential subdivision. The 192.76-acre planned unit development is
generally located on the north side of West Mace Road and west of Eagle Road at 800
West Mace Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM,Thursday,November 1,
2012, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on November 2, 2012.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and the Eagle City Code on November 26, 2012. 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 November 21, 2012. Requests for agencies' reviews were transmitted
on November 5, 2012, in accordance with the requirements of the Eagle City Code. The
site was posted in accordance with the Eagle City Code on December 7, 2012.
D. HISTORY OF PREVIOUS ACTIONS:None
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COMPANION APPLICATIONS:
FPDP-01-12 — A floodplain development permit to allow for site development within the
area of special flood hazard.
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two(up A(Agricultural up to one Agricultural
to two units/acre) unit per twenty acres)
Proposed No Change R-2-DA-P (Residential Single-Family,Residential
maximum two units/acre Planned Unit Development
with a development
agreement and a planned
unit development)
North of site Floodway RUT(Ada County Boise River and vacant
Designation)and R-4 parcels
(Residential maximum
four units/acre)
South of site Residential Two(up R-2-DA-P(Residential Two Rivers Subdivision and
to two units/acre) maximum two units/acre single-family dwellings
with a development located on parcels outside of
agreement and a planned a subdivision
unit development) and
A(Agricultural up to one
unit per twenty acres)
East of site Residential Two(up C-1 Neighborhood Boise River and Channel
to two units/acre) Business District Center Subdivision
(Commercial Subdivision)
West of site Residential Two(up A(Agricultural up to one Agricultural and single-
to two units/acre) unit per twenty acres) family dwellings located on
parcels outside of a
subdivision
F. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
G. SITE DATA:
Total Acreage of Site— 192.76-acres
Total Number of Lots—283
Residential—255
Commercial—0
Industrial—0
Common—28
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Total Number of Units-
Single-family—255
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 1.88-dwelling units per acre Up to two(2)units per
(excluding floodway) acre maximum
1.32-dwelling units per acre
(inclusive of floodway)
Minimum Lot Size 6,600-square feet 17,000-square feet
(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 8-6-5-5
[A]).
Minimum Lot Width 60-feet* 75-feet(minimum)
Minimum Street Frontage 35-feet 35-feet(minimum)
Total Acreage of Common Area 68.03-acres 44.23-acres(minimum)
Open Space
Percent of Site as Common Area 35.3% 22.9%
Open Space 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.
*Note—A reduction of lot width may be permitted provided a planned unit development is approved.
H. GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on November 2, 2012, shows a large
common lot located on the northern portion of the development and terminating at the
Chevron Pipe Line easement. This common area will contain a 10-foot wide "Greenbelt"
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asphalt pathway for public use. The common area will also contain eight foot (8') wide
pathways be utilized by the residents within the development.
Open Space:
A total of 68.09-acres(35.3%)of common area(inclusive of floodway)is proposed within
the planned unit development. The area proposed for development located outside of the
floodway consists of 20.68-acres (10.7%) of common area. The common area is a
combination of linear pathways, road buffer areas, and street landscape islands. The
preliminary plat, date stamped by the City on November 2, 2012, also shows five (5)
common areas located throughout the development which will contain large ponds and a
clubhouse and pool. The preliminary plat also shows a buffer area located adjacent to
West Mace Road which will be a continuation of Island Woods Way a residential
collector. A minimum of 20% open space is required within a planned unit development.
Planned unit developments that contain lots that are smaller than the minimum lot size
may be allowed if there is an "offsetting increase" of same square footage in open space
and a favorable findings is made by the Council that the smaller lots are appropriately
integrated into the design and that the building product type is compatible with the PUD
and surrounding area. The initial starting point for minimum open space, prior to any
"offsetting increase"being added, shall be the area equal to ten percent (10%) of the site,
however, the total open space shall be equal to or greater than twenty percent (20%),
inclusive of the"offsetting increase"square footage.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&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 and drainage easements to be not less than
12 feet in width. The applicant provided a preliminary plat, date stamped by the City on
November 2, 2012, which does not note or delineate utility, drainage, and irrigation
easements.
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)—Yes
The existing residential dwelling is served by a septic system. The applicant will be
required to obtain the proper permits and abandon the septic system prior to the City Clerk
signing the final plat.
Preservation of Existing Natural Features:
The property is currently farmed with the exception of the riparian area located adjacent to
the Boise River. The applicant has indicated that they will be working with Trout
Unlimited, Idaho Department of Fish and Game, and other organizations to provide a
nature park within the designated floodway area located adjacent to the north channel of
the Boise River.
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Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate
notification to the state.
STREET DESIGN:
Private or Public Streets:
The applicant is proposing to construct five (5) roadway cross sections, two (2) of which
are entrance cross sections, one (1) internal street cross section that contains islands, one
(1)internal street cross section without islands, and a private street cross section.
The public street entrance cross section providing access to West Mace Road at two (2)
separate points will be constructed using a 60-foot wide road section inclusive of a 12-foot
wide planter dividing the two(2)lanes. Each lane will be 21-feet wide.
The private street entrance cross section providing access to West Mace Road will be
constructed using a 66-foot wide road section inclusive of a 20-foot wide planter strip
dividing the two(2)lanes. Each lane will be 21-feet wide.
The local roadways within the development will be a 50-foot wide roadway section with
seven-feet (7') of the eight-foot (8') wide planter strip located within the right-of-way.
Each lane will be 18-feet wide.
There are two sections of internal roadways that will contain landscape islands. The street
cross section for these internal roadways shows a 54-foot wide roadway with an eight-foot
(8')wide planter strip dividing the two(2)lanes. Each lane will be 21-feet wide.
The private road cross section shows a 50-foot wide roadway area with seven-feet (7') of
the eight-foot (8') wide planter strip located within the roadway area (located within a
common lot) Each lane will be 18-feet wide. The street cross section also shows a
sidewalk to be located on only one side of the street.
Applicant's Justification for Private Streets(if proposed):
The applicant is proposing private streets over a portion of the property to provide an
additional option for those buyers wanting that amenity. The private streets also eliminate
the need for crossing the Chevron pipe line and the Eagle Sewer District force main to the
east with road and utility connections with lots to the east.
Blocks Less Than 500': None
Cul-de-sac Design:
Two(2)cul-de-sacs are proposed for this site:
• Ranch House Way: 290-feet in length
• West Fields Place 250-feet in length
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior public roadways, including the main entrance from
West Mace Road. The applicant is also proposing to widen West Mace Road,however the
street section does not show a sidewalk. The private road cross section shows a sidewalk
located on only one(1)side of the road.
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Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets inclusive of the private streets.
Lighting:
Lighting for the proposed 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 names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
J. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Pedestrian walkways are provided throughout the development through a detached
sidewalk system located adjacent to the interior streets and through a multi-purpose
pathway system located within the open space design.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all
subdivisions as part of the public right-of-way or separate easement, as may be specified
by the City Council.
K. PUBLIC USES PROPOSED:
The applicant is proposing to construct a small sportsman's access park with parking
adjacent to Eagle Road (SH-55). The applicant is also proposing a 10-foot wide asphalt
"Greenbelt" pathway to be located in proximity to the Boise River and a nature preserve
area to be located within the large common area north of the residential area.
L. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern—Yes—Flood area adjacent to the Boise River
Evidence of Erosion—unknown
Fish Habitat—Yes—Boise River and possibly in the irrigation canals
Floodplain—Yes— 100 yr. floodplain/Zone AE, Floodway/Zone FW adjacent to the Boise River
Mature Trees—Yes— adjacent to existing residential dwelling, river, and portions of the irrigation
canals located on-site
Riparian Vegetation—Yes—in proximity to the Boise River
Steep Slopes—No
Stream/Creek—Yes—Boise River
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—no
Wildlife Habitat—Yes—riparian areas adjacent to the Boise River
N. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN(IF REQUIRED):
The Environmental Assessment Plan, date stamped by the City on December 12, 2012,
indicated that approximately a quarter of the area would be used for open space, which
includes a nature park, ponds and landscaped areas. Additional river corridor would be
preserved and created to insure riparian and wetland habitat would not decline. Wildlife
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species not capable of adapting to human development will leave the area while wildlife
attracted to open water and trees would increase. The proximity of a proposed natural area
adjacent to the river will play an important role in retaining and perhaps enhancing
wildlife habitat within the City of Eagle.
O. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letters dated December 10, 2012, are of special
concern(attached to the staff report).
City Parks, Pathway, and Recreation Director—Discussed the park site to be dedicated to the City
and possible conditions that may be required.
Ada County Highway District — Indicated that the District is still reviewing the traffic impact
study and was not able to provide a draft staff report prior to the Planning and Zoning
Commission hearing. The correspondence also indicated that District staff will be recommending
the closure of Mace Road and that access to the site come off of Island Wood Drive, an existing
collector roadway, and the extension of the collector to the site's west property line.
Boise River Flood Control District No. 10 — Indicated the property lies outside of the Flood
Control District's jurisdictional boundary.
Central District Health Department—Indicated that central water and central sewage services will
be required. It also indicated that infiltration beds for storm water disposal are considered
shallow wells and an application and fee will need to be submitted.
Chevron Pipe Line Company(CPL)—Indicated that CPL has a conflict with this application due
to the pipe line crosses the proposed development. The correspondence provided information for
contacting CPL and what the company's requirements are regarding encroachments of their
right-of-way.
Compass—Provided discussion regarding the possibility of requiring a bike lane facility on West
Mace Road.
Eagle Fire Department — Indicated that they have no opposition to the application. The
correspondence also addressed access roads,fire flows, hydrant locations, street signs, electronic
gates for private roads, and mitigation fees.
Eagle Sewer District - Indicated that the property has not been annexed into the District and
before they will review both off-site and on-site central sewer construction plans the owner will
need to petition the District for annexation. The correspondence also indicated that the owner will
be required to provide an easement for a new lift station.
Idaho Department of Fish and Game—Indicated that there are riparian areas located adjacent to
the Boise River and there concern regarding the encroachment and possible removal of the
riparian areas. The correspondence also indicated the departments concerns regarding pathways
located adjacent to the river.
Idaho Department of Lands —Indicated that the proposed development will not impact any State
Trust Lands.
Idaho Transportation Department — Indicated that ITD has no objection to the application. The
correspondence also indicated that the Mace Road approach intersection does not have an
approach permit with ITD. The original permitting process for the Two Rivers Subdivision
required the closure of Mace Road approach once the Island Wood signal was operational. Island
Wood Drive was constructed as a collector roadway without front-on housing as part of the Two
Rivers Subdivision approval and the roadway was designed to accommodate the anticipated
traffic from the developments on Eagle Island.
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Middleton Irrigation Association and Middleton Mill Ditch Co. — Indicated that the proposed
development is located outside of their service area.
Republic Services—No comment
P. LETTERS FROM THE PUBLIC (attached to the staff report):
Carol Pelanzini, 1311 South Arbor Island Way, submitted three (3) correspondences date
stamped by the City on October 18, November 6, and December 4, 2012. The
correspondences indicated her concern that additional traffic in the area will add to the
existing congestion. She also indicated that an additional traffic light at Mace Road and Eagle
Road will add to the traffic congestion on Eagle Road. Also, additional traffic utilizing Island
Woods Way will impact Two Rivers Subdivision.
Kim Thomas, 978 South Island Glenn Way, sent email correspondence dated November 15,
2012, which indicated that when the Two Rivers Subdivision was approved in 1999, a
condition of approval was placed on the entitlement that the entrance to Mace Road was to
move to the south to line up with the existing Island Woods Way. She attached
correspondence (to the email) from the Idaho Transportation Department dated February 2,
1999, addressing the Mace Road closure.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant has provided an email dated December 4, 2012, with a phasing plan that shows
the development to be constructed in six (6) separate phases. The email indicated that they
anticipate each phase will take approximately two (2) years to build out. The proposed nature
area to be located north of the residential area will be developed over a four(4)year period.
S. 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.
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.
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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 cased 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6—Land Use
6.3 Land Use Designations
The Comprehensive Plan Land Use Map (adopted August 25, 2009), designates this site as the
following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character.
An allowable density of up to 2 units per 1 acre.
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency
Management Administration maps along the Boise River and Dry Creek(Generally shown on the
Land Use Map which is a part of this Plan). These areas are to remain open space because of the
nature of the floodway which can pose significant hazards during a flood event. Also,the
floodway areas shall not be considered as a part of the minimum area of open space required(as
required within the zoning ordinance)unless developed as noted within this paragraph. Floodway
areas shall be excluded from being used for calculating permitted residential densities. Any portion
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of the floodway developed as a substantially improved wildlife habitat area open to the public, or
useable public open space, such as a pathways,ball fields,parks, or similar amenities as may be
approved by the City Council, may be credited toward the minimum open space required for a
development.
When discrepancies exist between the floodway boundary shown on the Land Use Map and the
floodway boundary shown on the Federal Emergency Management Administration maps such that
the floodway area is smaller than that shown on the Land Use Map the adjacent land use
designation shown shall be considered to abut the actual floodway boundary.
When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the
Comprehensive Plan Land Use Map should be revised to reflect any new floodway line.
6.4 Land Use Goals
A. Preserve the rural transitional identity of the City of Eagle.
6.5 Land Use Objectives
A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and
wildlife species, and unique areas based on diverse values within the City of Eagle
6.6 Land Use Implementation Strategies
A. Conserve the natural features and resources of Eagle.
Q. Support City of Eagle flood and storm drainage regulations to achieve protection of property
rights, environmental protection and flood damage reduction for community residents.
S. Encourage a variety of housing through such mechanisms as PUD's in subdivisions including
large lot subdivisions.
W. Use smaller planning areas to help guide development in the western planning area.
Chapter 7—Natural Resources and Hazard Areas
7.8 Hazard Areas
The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the
Eagle AOI. Future areas may be added to the Comprehensive Plan when deemed necessary.
Areas of flooding consist of two parts: (1)the floodway which is the most severe area of flooding
characterized by deep and fast moving water; and(2)the floodplain which is less severe than the
floodway and is characterized by shallower and slower moving waters at the time of flooding.
The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably
flood due to seasonal weather conditions.
A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a
recreational area and/or a nature area,may be encouraged in the 100-year floodplain of the Boise
River and Dry Creek.
The floodway is shown as a generalized area only on the Land Use Map. The Federal Emergency
Management Administration(FEMA)maps show specifically where the floodway and floodplain
boundaries are located. (Also, see Eagle City Code for definitions of terms relating to the
floodplain areas.)
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7.9 Goals
Special concern and attention should be given to the preservation of fish, wildlife, water
resources, air quality, agriculture, open space and recreation/nature areas when implementing
planning and zoning decisions.
A. To provide special concern and attention to the preservation of native wildlife, fish and
plants, water resources, air quality, agriculture, open space and recreation/natural areas
when implementing planning and zoning decisions.
B. Recognize the importance of wildlife habitat, and plan development to maintain and
enhance native wildlife.
7.9.1 Objectives
A. To provide and protect riparian habitat that provide crucial food,shelter and water for resident and
migratory wildlife by protecting existing and rehabilitating degraded riparian corridors.
D. To protect unique and important features such as rare plant populations,colonial wildlife features,
rare species, springs and high quality native plant communities.
7.9.2 Policies
A. Encourage development with a small footprint on the land, leaving large contiguous areas
of open space in perpetuity.
B. Link protected habitat areas with each other using areas of limited development.
C. Encourage the City to develop working relationships with Idaho Department of Fish and
Game.
D. Consider wildlife issues when developing housing and transportation corridors.
E. Encourage water conservation and wildlife habitat through the use of native vegetation in
developments and transportation corridors.
7.9.3 Implementation Strategies
B. Require developers to complete an environmental assessment and mitigation plans prior to
final plan submittal. This will include a species inventory and report on any species of
concern,and will incorporate wildlife habitat in transportation considerations.
C. Require developers in sensitive areas(Foothills or riparian areas)to retain at least 40%of
the gross acreage as open space in large contiguous blocks.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street), substantially
open to the sky,exclusive of streets,commercial and residential buildings, and shall be designated and
intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE,ACTIVE: Common area which includes,but is not limited to, athletic fields,buildings
or structures for recreational activities including picnic areas, community garden, courses or courts,
children's play area, dog play area, and pathways, excluding passive open space areas. Landscape
buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as
active open space provided a pathway or other active amenity is located within and incorporated into
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the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a
development may be considered active open space provided there is a finding that the ponds employ
active recreation capabilities such as fishing rafting,canoeing,and the like.
• Eagle City Code Section 8-1-2: Open Space,Passive:
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered F And Square Feet) Lot
District Height Front Rear Side Side J* H* Width I*
R-2 35' 30'_._i 30' 1-10' c.. 20' r 40% r 17,000 175' __...
1 I
• Eagle City Code Section 8-2A-7(J)(4)(a): Landscape and Buffer Area Requirements:
4. 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 a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area 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 centerline) to the top of the proposed berming/fencing. The
required buffer area width,plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
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, decorative block wall,
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 decorative block
wall, 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 shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
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• Eagle City Code Section 8-6-1: Planned Unit Developments: Purpose, Goals,and Objective:
A. Purpose: The purpose of this chapter is to establish clear development standards that will
achieve the city of Eagle's vision for development as presented in the Eagle comprehensive
plan. The standards will be designed to create livable communities that provide exemplary
open spaces and recreational opportunities,that encourage a diversification of housing types,
styles and living options for a wide range of income levels and lifestyles, and thereby enhance
the living experience within the city of Eagle.
B. Goals: To provide guidance and establish expectations for development within the city of
Eagle. The PUD provides clear standards and options for development within the city
including lot sizing, open space and the diversification of housing types.
C. Objective: To guide land development and construction through the planned unit development
(PUD)to achieve the following:
1. A maximum choice of living environments by allowing a variety of housing and building
types, lot dimensions, yards,building setbacks and area requirements;
2. 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, office uses and
services;
3. 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;
• Eagle City Code Section 8-6-2: Effects of Other Zoning:
A. Whenever there is a conflict or difference between the provisions of this chapter and those of
the other chapters of this title,the provisions of this chapter shall prevail. Subjects not covered
by this chapter shall be governed by the respective provisions found elsewhere in this title.
B. In addition to the requirements of this chapter, planned unit developments shall also be subject
to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this
title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land
Subdivisions", of this code.
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
B. Active Open Space:A minimum of fifteen percent(15%) of the common area open space shall be
developed as active open space,as defined in Title 9 of this code.
• Eagle City Code Section 8-6-5-5: Arrangement of Residential Units:
To encourage land use plans to be submitted as a planned unit development(PUD)so as to
provide an enhanced integration of open space and a variety of housing options,the following
design criteria shall be considered by the city:
A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as
established in section 8-2-4 of this title,except that a decrease in the minimum lot size may be
allowed if there is an"offsetting increase" of the same square footage in open space and a
favorable finding is made by the council that the smaller lots are appropriately integrated into
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the overall design and that the building product type is compatible with the PUD and
surrounding area.
As an incentive to submit a PUD versus a standard subdivision, the initial starting point for
minimum open space, prior to any"offsetting increase"being added, shall be the area that is
equal to ten percent(10%)of the site. This allowance shall only be permitted under the
following criteria:
1. The total common area open space shall be equal to or greater than twenty percent(20%),
inclusive of the"offsetting increase" square footage.
2. A favorable finding by the council must be obtained assuring that character, identity and
architectural and siting variation are incorporated into the development and that these
factors make up a substantial contribution to the objectives of the PUD. These design
elements are as follows:
a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
b. Siting, visual focal points,use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment,variation in
building setbacks and building grouping(such as clustering); and
c. Design features, street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features and varied use of housing types.
3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under
section 8-2-4 of this title.
• Eagle City Code Section 8-6-6-2: Preliminary Development Plan:
A. Application For Preliminary PUD: An application for preliminary PUD shall be filed with the
administrator by a property owner or person having existing interest in the property for which the
PUD is proposed. At a minimum, the application shall contain the following information filed in
triplicate:
8. Proposed schedule for the development of the site;
C. Approval In Principle Of Preliminary Development Plan:
1. The commission shall review the preliminary development plan to determine if it is
consistent with the intent and purpose of this title; whether the proposed development
advances the general welfare of the community and neighborhood and whether the
benefits, combination of various land uses and the interrelationship with the land uses in
the surrounding area justify the deviation from standard district regulations and its
recommendation to the council. The commission's recommendation in principle of the
preliminary development plan shall be necessary before an applicant may submit a final
development plan. Approval in principle shall not be construed to endorse a precise
location of uses, configuration of parcels or engineering feasibility.
2. The council shall consider all provisions of this chapter including the general standards
applicable to conditional use permits and criteria for conditional uses before approving in
principle a preliminary development plan. The council may, upon the finding that unique
or special circumstances exist with regard to the preliminary development plan, consider
specific deviations from the requirements of this chapter provided conditions are placed on
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the PUD to assure that it will be designed and operated in accordance with goals and
objectives of this chapter.
• Eagle City Code Section 8-7-3: Conditional Use Permit:
8-7-3-2: General Standards for Conditional Uses:
The commission/council shall review the particular facts and circumstances of each 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 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;
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 neighboring uses;
E. Will be served adequately by essential public facilities and services 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 shall be so 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.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6:Rules and Definitions:
LARGE SCALE DEVELOPMENT: A subdivision,the size of which consists of fifty(50)or more
lots or dwelling units.
RIGHT OF WAY: A strip of land dedicated or reserved for use as a public way which normally
includes streets, sidewalks and other public utilities or service areas.
• Eagle City Code Section 9-2-3: Preliminary Plat:
C. Required Information And Data:
1. The contents of the preliminary plat and related information shall be in such a form as
stipulated by the city council; however, any additional maps or data deemed necessary by
the administrator may also be required.
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3. The following shall be submitted separately:
f. A map of the entire area scheduled for development if the proposed subdivision is a
portion of a larger holding intended for subsequent development. A map shall be
submitted showing the location of existing buildings, water bodies or courses and the
location of currently dedicated streets at the point where they adjoin and/or are
immediately adjacent;provided,that actual measured distances shall not be required;
• Eagle City Code Section 9-3-1:Minimum Standards Required:
All plats submitted pursuant to the provisions of this title, and all subdivisions, improvements and
facilities done, constructed or made in accordance with said provisions shall comply with the
minimum design standards set forth in this chapter and with all applicable requirements set forth in
title 8, chapter 6, "Planned Unit Developments", of this code; provided, however, that any higher
standards adopted by any highway district, the Idaho transportation department or health agency
shall prevail over those set forth herein.
• Eagle City Code Section 9-3-5: Lots:
Lots shall conform to the following standards:
A. Zoning: Lots within any subdivision shall comply in all respects with the official height and
area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from
the standards within section 8-2-4 of this code maybe considered as part of the planned unit
development.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet(12'), except that lesser easement
widths,to coincide with respective setbacks,may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet(12'), except that lesser
easement widths,to coincide with respective setbacks,may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-8: Public and Open Spaces:
C. Special Development: In the case of planned unit developments and large scale developments,the
city council may require sufficient public and/or private park or open space facilities of acceptable
size,location and site characteristics that may be suitable for the proposed development.
D. Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners'association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners'association is the owner, the homeowners'association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
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b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities(plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of
this code.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations:
C. Location:
2. In addition, pathways may be required to connect sites other than those noted above:
a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel
alongside a designated arterial roadway, or other roadway that may be hazardous for
nonmotorized forms of travel, in order to reach the desired destination
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways,the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot(16')wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot(20')wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2')wide(as measured from the edge of asphalt to the easement line)
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when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet(10') (i.e.,2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3')in height. The landscape, fence and building regulations for this area shall be indicated
by a note on the plat.
6. In order to design for crime prevention,the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
E. Responsibility: The following provisions are intended to provide guidance to those entities that
are responsible for construction, maintenance and/or liability for a pathway. Installation costs,
which may include construction of the paved path, are the responsibility of the developer.
1. Homeowners'Association:
a. Pathway systems within a proposed subdivision providing access to private common
space and/or other amenities that are used solely by the residents of a subdivision shall
be the responsibility of the homeowners'association.
b. Where the residents of a subdivision will be the primary beneficiaries of a pathway,
and travel from adjoining neighborhoods will be minimal, a homeowners'association
may be required to take responsibility for that path.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways,waterways,railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
• Eagle City Code Section 9-5-4: Planned Unit Development:
A planned unit development is a mechanism by which the city may permit a variety in type,
design, and arrangement of structures; and enable the coordination of project characteristics with
features of a particular site in a manner consistent with the public health, safety and welfare. A
planned unit development allows for innovations and special features in site development,
including the location of structures, conservation of natural land features, conservation of energy
and efficient utilization of open space. Large scale developments as defined herein shall be
submitted as planned unit developments.
• Eagle City Code Section 9-5-4-2: Site Development Plan:
The developer shall provide a colored rendering to adequate scale to show the completed
development that will include at least the following:
A. Architectural style and building design;
B. Building materials and color;
C. Landscaping, including existing trees;
D. Screening;
E. Garbage areas;
F. Parking;
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G. Open space; and
H. Open fencing.
• Eagle City Code Section 9-5-5: Large Scale Development Subdivision; Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services, the developer shall submit the following information
along with the preliminary plat:
A. Identification of all public services that would 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;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
• Eagle City Code Section 10-1-1: Findings of Fact and Purpose:
B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare,
and to minimize public and private losses due to flood conditions in specific areas by
provisions designed:
1. To protect human life and health;
2. To minimize expenditure of public money for costly flood control projects;
3. To minimize the need for rescue and relief efforts associated with flooding and generally
undertaken at the expense of the general public;
5. To minimize damage to public facilities and utilities such as water and gas mains, electric,
telephone and sewer lines, streets and bridges located in areas of special flood hazard;
6. To help maintain a stable tax base by providing for the sound use and development of
areas of special flood hazard so as to minimize future flood blight areas;
7. To ensure that potential buyers are notified that property is in an area of special flood
hazard, warn that city review and approval is not going to prevent flooding and that
flooding may occur, and advise of information available to the city regarding flood
hazards, studies and available options;
8. To ensure that those who occupy the areas of special flood hazard assume responsibility
for their actions;
10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
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12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare
with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize
property damage;
16. To regulate uses in the floodplain for the purpose of preserving,protecting, and enhancing
the abundance and diversity of fish,wildlife and riparian resources;and
17. To protect,preserve and enhance the waterways and floodplains as a recreation resource.
• Eagle City Code Section 10-1-2: Methods of Accomplishing Purpose:
In order to accomplish its purpose,this chapter includes methods and provisions for:
A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or
erosion hazards,or which result in damaging increases in erosion or in flood heights or velocities;
• Eagle City Code Section 10-1-5: Rules and Definitions:
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%)
or greater chance of flooding in any given year. Designation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identified within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot(1').
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention/detention or other
techniques to mitigate increased runoff from urban areas.
• Eagle City Code Section 10-1-8-1: General Building Requirements:
E. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a
postconstruction elevation certificate (FEMA form 81-31, February 2006) referencing land and
structures included or removed from the area of special flood hazard is required. All lots and
structures removed from the area of special flood hazard by letter of map change require
certification by a registered professional engineer demonstrating that the lot or structure is
"reasonably safe from flooding", as defined in section 10-1-5 of this chapter. The elevation
certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one foot(1')
above base flood elevation.
• Eagle City Code Section 10-1-8-4: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
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and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2-23-1999)
E. All subdivision plats shall identify and designate the 100-year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map for the city of Eagle. All subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and
will occur and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
• Eagle City Code Section 10-1-8-5: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set forth
in section 10-1-6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this
chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2-23-1999)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill,new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood levels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity(for example,
bridges; water pumps), recreational use(for example,paths), wildlife habitat
improvements(for example, vegetation; nesting structures;pool/riffle improvements), and
gravel extraction;provided that the use/encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection D1 of this section shall comply with all applicable flood hazard reduction
provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet(100')
or less from the floodway line,the boundary line shall be the setback line.
6. No development is permitted within the twenty five foot (25') setback from all waterways
called the riparian zone and riparian vegetation shall be maintained in its natural state for
the protection and stabilization of the riverbank, and removal of trees or other vegetation is
regulated in accordance with this chapter.
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7. For all subdivisions along the Boise River, prior written approval from flood control
district 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance
of floodwater, or equivalent mitigating measures may be performed in the floodway when
certified by a registered professional engineer. Mitigation design shall include provisions
to prevent relocation or diversion of flow paths from causing increased jeopardy to any off
site property at any level of flooding from the 1-year flood up to the base flood.
Maintenance provisions for excavated areas prone to fill from sediment and other debris
shall follow the requirements of subsection 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede floodwaters shall not be permitted within the floodway.
E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot(25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (25') riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available. Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a
result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growing
and have dense root systems for the purpose of stabilizing stream banks and repairing
damage previously done to riparian vegetation. Examples of such plantings include: red
osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
E. DISCUSSION:
• The Eagle Comprehensive Plan designates the property as Residential Two with a density not to
exceed two(2)units per acres. As described in the Comprehensive Plan the Residential Two areas
are suitable primarily for single family residential development within areas that are rural in
character. The applicant has submitted a rezone, preliminary development plan, and conditional
use permit for a planned unit development, and preliminary plat applications for Mace River
Ranch Planned Unit Development, which consists of 192.76-acres located on the north side of
West Mace Road west of South Eagle Road. The applicant is requesting a R-2-DA-P (Residential
—up to two(2)units per acre with a development agreement—PUD)zoning designation which has
a 17,000-square foot minimum lot size. As described in the applicant's narrative, date stamped by
the City on November 2, 2012, the applicant is requesting a development agreement to provide
consistency between the proposed development and the development located to the south and west
(Two Rivers Planned Unit Development). A development agreement will also facilitate a range of
lot sizes and setbacks. A development agreement in conjunction with a planned unit development
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application simultaneously provides greater assurance to the city that its goals are furthered while
providing greater flexibility to the applicant in developing the property. The applicant is proposing
the development to have 255-buildable lots with a density of 1.88-dwelling units per acre (not
inclusive of the 56.83-acres floodway area). The proposed residential lots range in size from
6,600-square feet to 136,154-square feet (3.13-acres) in size. The applicant is proposing that 66-
buildable lots will be accessed from a network of private streets that takes access from Mace Road.
• The preliminary plat, date stamped by the City on November 2, 2012, notes that there are 68.03-
acres of open space (inclusive of the floodway area). Based on 192.76-acres of developable land
this equates to 35.3% of open space. Pursuant to Eagle City Code, a planned unit development
requires 20% open space. The noted open space consists of 26-common lots that includes several
amenity ponds, linear pathways for both private and public access, a future nature preserve area,
and a sportsman's parking area with access to North Eagle Road. The applicant is working with
Resource Systems, Trout Unlimited, and the Idaho Department of Fish and Game to develop
approximately 43-acres of Lot 1, Block 1, into a nature preserve area consisting of a trout stream,
riparian vegetation, and a 10-foot wide asphalt pathway. The pathway area will be dedicated to the
City of Eagle for public access. As proposed, the applicant should be required to construct a nature
preserve area on 43-acres of Lot 1, Block 1, and provide a 10-foot wide public pathway located
within a 20-foot wide pedestrian access easement. The pathway should be located in proximity to
the Boise River. The pathway should be completed prior to the City Clerk signing the first final
plat. The final location and design of the nature preserve and pathway should be reviewed and
approved by the Design Review Board prior to the submittal of a final plat application.
• The proposed site lies within the Boise River floodway and floodplain as delineated in the FEMA,
Flood Insurance Rate Maps (Panel numbers 153 & 161) map revision dated February 19, 2003.
The applicant has submitted a Floodplain Development Permit application (#FP-01-12) to allow
for development within the Area of Special Flood Hazard (ASFH). The applicant is proposing to
construct ponds, relocate an existing irrigation canal, construct a nature preserve area with
pathways and create pad sites for the construction of residential lots. The applicant should comply
with all conditions of approval of the Floodplain Development Permit (#FP-01-12) and complete
the proposed work within the Area of Special Flood Hazard (ASFH) prior to the City Clerk
signing the final plat for each respective phase affected by the Floodplain Development Permit.
• Boise Flood Control District No. 10 (FCD10), through their representative Steve Sweet, P.E.,
submitted email correspondence to the city dated November 14, 2006, indicating that FCD No. 10
has historically accessed the river through this property and that the application is of significant
interest to the District. FCD 10 requested that the applicant submit a Land Use Change/Site
Development Application to the District. The applicant should be required to provide an approved
Land Use Change/Site Development Application prior to submittal of a final plat application.
Due to the location of this site in proximity to the Boise River, a 404-Permit may be required by
the Army Corp of Engineers for development in the area. The applicant should provide
documentation from the Army Corps of Engineers regarding the requirement of a 404-Permit prior
to submittal of a final plat application.
• The applicant is proposing the utilization of a development agreement for the rezone associated
with the development. The development agreement will contain conditions of development that
will be required to be completed prior to the City Clerk signing final plats for the successive
phases. The applicant should provide a revised preliminary plat that contains a plat note which
indicates "All development within this subdivision shall be consistent with the conditions of
development within the development agreement associated with RZ-05-12 and any subsequent
modifications to the development agreement."The revised preliminary plat should be provided to
the City prior to submittal of a final plat application.
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• The preliminary plat date stamped by the City on November 2,2012, shows three(3)access points
to West Mace Road located west of West Island Woods Drive. West Mace Road has a connection
to North Eagle Road, however as part of the approval for Two Rivers Subdivision in 1999 the
section of West Mace Road located between North Eagle Road and West Island Woods Drive was
to be closed upon the completion of West Island Woods Drive. The traffic signal located at the
intersection of West Island Woods Drive and North Eagle Road contains signage for West Mace
Road. The applicant should work with the Idaho Transportation Department and the Ada County
Highway District regarding the timing of closure of West Mace Road as a through street. West
Mace Road should be closed prior to the Idaho Transportation Department completing the North
Eagle Road median project in the spring of 2013.
• The preliminary plat date stamped by the City on November 2, 2012, shows that all residential lots
are fronted by either a public or private road however, the preliminary plat does not contain a note
that direct lot access is prohibited to West Mace Road and West Island Woods Drive. The
applicant should provide a revised preliminary plat indicating that direct lot access to West Mace
Road and West Island Woods Drive is prohibited prior to submittal of a final plat application.
• The preliminary plat date stamped by the City on November 2, 2012, shows a common lot located
adjacent to Mace Road. The preliminary plat shows the common lot to be approximately 20-feet in
width. The 2035 Planning Functional Classification Map shows that Island Woods Drive and
Mace Road are classified as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), the
buffer area located adjacent to a collector is required to be 35-feet in width. The applicant should
provide a revised preliminary plat showing a 35-foot wide buffer common lot located adjacent to
Island Woods Drive and Mace Road. The revised preliminary plat should be provided to the City
prior to the submittal of a design review application.
• The development proposal consists of 255 single-family residential lots that vary in size from
6,600-square feet to 136,154-square feet (3.13-acres). The applicant provided a narrative, date
stamped by the City on November 2, 2012, that indicates there are three (3) different lot types
consisting of 60-foot wide executive lots, 80-foot wide custom lots, and large estate lots (located
within the private gated area west of the Chevron pipeline. The applicant provided a draft
development agreement, date stamped by the City on November 7, 2012, which includes
Condition of Development 2.2 addressing setbacks for three (3) different lots sizes based on the
Concept Plan and color coding as shown on the setback exhibit date stamped by the City on
December 3, 2012. The applicant proposed setbacks are as follows:
o Setbacks proposed for the residential Area A ("Yellow") as depicted on Concept Plan
shall be developed as follows:
Setbacks proposed for the Yellow lots:
Front 15 feet
Rear 15 feet
Interior Side 5 feet
Additional Setback for
Multi-story structures 5 feet per story
Street Side 15 feet
o Setbacks for the residential Area B ("Green") as depicted on Concept Plan shall be
developed as follows:
Setbacks proposed for the Green lots:
Front 20 feet
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Rear 25 feet
Interior Side 7.5 feet
Additional Setback for
Multi-story structures 5 feet per story
Street Side 20 feet
o Setbacks for the residential Area C ("Blue") as depicted on Concept Plan shall be
developed as follows:
Setbacks proposed for the Blue lots:
Front 20 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is
designed to be offset toward the inside of the house from the lower story so that there is
"break"in the plane of the wall sections between stories then the second story setback may
be reduced by 2.5 feet.
5 feet per story - When the first and second story wall sections are
designed as a flat, single plane then the side setback shall be increased by 5 feet for a total
side setback of 12.5 feet.
Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2 (residential
—up to two units per acre):
Front 30-feet*
Rear 30-feet
Interior Side 10-feet,two-story 15-feet
Street Side 20-feet
Minimum Roadway Frontage 35-feet
Maximum Lot Coverage 40%
* A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5-foot reduction in
the minimum required front yard setback provided that the distance in no less than 20-feet.
The preliminary plat date stamped by the City on November 2, 2012, contains typical street sections that
shows the separated sidewalk located within the residential lots outside of the right-of-way. The applicant
is proposing front setbacks that vary in width from 15 to 20-feet. This would allow for a front entry garage
to be constructed within 10 to 15-feet of the back of the sidewalk. The proposed lots shown on the
preliminary plat appear to be deep enough to allow for a 25-foot front setback which would eliminate the
possibility of a vehicle parked in front of the garage to overhang the sidewalk. A side entry garage would
still be permitted to have a five-foot (5') reduction of the front setback. Also, the applicant is only
proposing a reduction of the multi-story setback requirement in the area where the large estate lots are
located (Blue area). It is staff's opinion that structures to be located within the area where the large estate
lots are located (adjacent to the private road and west of the Chevron pipeline) should be in conformance
with the required setbacks for the R-2 (residential-up to two (2) units per acre) zone. A reduction of a side
setback for multi-story setbacks should be permitted on the lots located east of the Chevron pipeline
(Yellow and Green area) since those lots are smaller and much narrower than the large estate lots.
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Staff recommends the following setbacks for the development:
o Setbacks proposed for the residential Area A ("Yellow") as depicted on Concept Plan shall be
developed as follows:
Setbacks proposed for the Yellow lots:
Front 25 feet
Rear 15 feet*
Interior Side 5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is designed
to be offset toward the inside of the house from the lower story so that there is"break"in the plane
of the wall sections between stories then the second story setback may be reduced by 2.5 feet.
5 feet per story - When the first and second story wall sections are designed as a
flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5
feet.
* No portion of the structure may encroach into the rear yard public utility, drainage, and irrigation
easement.
o Setbacks for the residential Area B ("Green") as depicted on Concept Plan shall be developed as
follows:
Setbacks proposed for the Green lots:
Front 25 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is designed
to be offset toward the inside of the house from the lower story so that there is"break"in the plane
of the wall sections between stories then the second story setback may be reduced by 2.5 feet.
5 feet per story - When the first and second story wall sections are designed as a
flat, single plane then the side setback shall be increased by 5 feet for a total side setback of 12.5
feet.
o Setbacks for the residential Area C ("Blue") as depicted on Concept Plan shall be developed as
follows:
Setbacks proposed for the Blue lots:
Front 30 feet
Rear 30 feet
Interior Side 10 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 5 feet
Staff recommends that the color coded setback documents be provided as a separate exhibit to the
development agreement.
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• The preliminary plat date stamped by the City on November 2, 2012, shows a typical cul-de-sac
island section with 26-feet of pavement from back-of-curb to back-of-curb. Pursuant to Eagle City
Code, a cul-de-sac is to terminate with an adequate circular turnaround having a minimum radius
of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
(10'). A minimum of forty feet (40') of pavement is to be provided between the landscape island
and the outside edge of the street as measured from the face of curb of the island to the face of
curb located on the outside edge of the street. One traffic control sign stating that on street parking
is prohibited within the turnaround is to be installed at the entrance of the turnaround on the
driver's side of the street. The applicant should provide a revised preliminary plat showing the cul-
de-sacs designed to be in conformance with Eagle City Code Section 9-3-2-1[G]. The revised
preliminary plat should be provided to the City prior to submittal of a final plat application.
• Plat note#4, on the preliminary plat date stamped by the City on November 2, 2012, indicates that
fire protection shall be provided by the City of Eagle. Fire protection in the City of Eagle is
provided by the Eagle Fire District not by the City of Eagle. The applicant should provide a
revised preliminary plat with plat note#4 indicating that fire protection should be provided by the
Eagle Fire District. The revised preliminary plat should be provided to the City prior to submittal
of a final plat application.
• Plat note#7, on the preliminary plat date stamped by the City on November 2, 2012, indicates that
any re-subdivision of this plat shall comply with the applicable zoning regulations in affect at the
time of re-subdivision. Although the zoning code may contain regulations that will affect a plat the
requirements for platting a subdivision are regulated by the subdivision code. The applicant should
provide a revised preliminary plat with plat note#7 revised to read"Any re-subdivision of this plat
should comply with the applicable subdivision regulations in affect at the time of re-subdivision."
The revised plat should be provided to the City prior to submittal of a final plat application.
• The preliminary plat date stamped by the City on November 2, 2012, shows a Chevron pipeline
easement 50-feet in width located on Lots 108-113, Block 1. Although the preliminary plat shows
the location of the pipeline the applicant should provide a revised preliminary plat that shows the
Chevron pipeline located within a common lot and/or provide a plat note with a pertinent note
referencing the pipeline easement. The plat note regarding the Chevron pipeline should read as
follows:
"An easement 16.5 feet in width (centered over the base line as shown)for pipeline right-
of-way for the transportation of liquid petroleum products has been granted through
Instrument No. 292505, recorded October 17, 1949 in Book 21 of misc. records at Page
628, and through Instrument No. 292503, recorded October 17, 1949, in Book 21 of misc.
records at Page 625 as filed for record in the office of the Ada County recorder, Idaho.
Call Chevron Pipe Line Company, Boise area office,prior to any construction activity in
the vicinity of the pipeline."
The revised preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat date stamped by the City on November 2, 2012, does not delineate nor does it
note any public utility, drainage, or irrigation easements on the plat. Pursuant to Eagle City Code
unobstructed easements are to be provided along front lot lines, rear lot lines, and side lot lines.
The total easement width is not to be less than 12-feet, except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of a planned unit development. The
applicant is proposing side setbacks of five-feet(5') in width on the smaller lots located within the
development. The applicant should provide a revised preliminary plat with a plat note indicating
that "All front and rear lot lines shall have a public utility, drainage, and pressurized irrigation
easement not less than 12-feet in width. All interior side lot lines shall have a public utility,
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drainage, and pressurized irrigation easement not less than five-feet(5') in width for a total of 10-
feet in width." The revised preliminary plat should be provided prior to submittal of a final plat
application.
• The preliminary plat date stamped by the City on November 2, 2012, shows 67-residential lots
located in the western portion of the development that will be served by a network of private
streets. The applicant's justification for the private streets is to eliminate the need for crossing the
Chevron pipeline and the Eagle Sewer District's force main line. Pursuant to Eagle City Code
private streets may provide access to no more than 10% of the lots within a planned unit
development provided the Council determines that the private streets are in compliance with
specific standards as identified in Eagle City Code Section 9-3-2-5(A). The proposed private street
network serves 26% of proposed residential lots within the development. Pursuant to Eagle City
Code the private streets would be in compliance with the required standards provided no more that
25-residential units were served by the private streets. The applicant would be in conformance
with Eagle City Code if they were to construct the western portion of the development with public
streets with the exception of the looped street area north of Watercrest Drive. This would allow for
only 24-residential lots to be served by private streets. Staff will defer to the Commission and
Council regarding the approval of this request. Should the Council approve the development with
private streets the applicant should provide a revised preliminary plat which contains plat notes
that: 1) conveys to each lot owner within the subdivision to be served by the private street the
perpetual right of ingress and egress over the described private street, 2) provide that such
perpetual easement shall run with the land, 3)provide that the restrictive covenant for maintenance
of the private streets cannot be modified and the homeowners'/property owners' association or
other entity cannot be dissolved without the express consent of the city. The revised preliminary
plat should be provided prior to submittal of a final plat application.
• The applicant's narrative date stamped by the City on November 2, 2012, indicates that the large
estate lots will be located within a private gated area located west of the Chevron pipeline. In
correspondence provided by the Eagle Fire District date stamped by the City on November 29,
2012, they indicated that the private gated area should be served by an electronic gate that is in
conformance with International Fire Code. The applicant should be required to submit plans for
the electronic gate (associated with the private road) to be reviewed and approved by the Eagle
Fire District prior to the installation of the electronic gate. Upon installation of the electronic gate
the applicant should be required to submit an approval letter from Eagle Fire District prior to the
issuance of building permits for any structures to be located within the area served by a private
road.
• The preliminary plat date stamped by the City on November 2, 2012, shows a portion of Lots 110-
116, Block 1, to be located within the floodway. The Floodway designation of the Comprehensive
Plan indicates that these areas are to remain open space because of the nature of the floodway
which can pose significant hazards during a flood event. Pursuant to Eagle City Code, Title 10, the
floodway area is an extremely hazardous area due to the velocity of floodwaters which carry
debris, potential projectile and erosion potential. No encroachments to the floodway area should
occur that may cause an adverse impact to surrounding properties. Should a home owner desire to
develop within the floodway area, including, but not limited to, building a fence, the home owner
will be required to obtain a floodplain development permit and provide certification from a
professional hydraulic engineer demonstrating that the encroachment shall not result in any
increase(no-rise) in flood levels during the occurrence of the base flood discharge, and uses within
the floodway shall be restricted to those which are required for public necessity, provided that the
use/encroachment meets the approval of the Federal Emergency Management Agency and
National Flood Insurance Program and does not jeopardize the city's participation in the National
Flood Insurance Program. The applicant should provide either a revised preliminary plat showing
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the floodway area of Lots 110-116,Block 1, incorporated into the Lot 1,Block 1, common area or
should provide language in the CC&Rs requiring that any development within the floodway area is
prohibited unless the home owner obtains an approved floodplain development permit. The
revised preliminary plat should be provided prior to submittal of a final plat application.
• The preliminary plat date stamped by the City on November 2, 2012, delineates the existing
floodway line. Pursuant to Eagle City Code all subdivision plats should identify and designate the
100-year floodplain boundary and the floodway boundary including a certification by registered
surveyor that the boundaries were established consistent with the Flood Insurance Rate Map
(FIRM) for the city. A plat note is also required that warns prospective buyers of property that
sheet flooding can and will occur ant that floods of greater magnitude may inundate areas outside
identified floodway and floodplain boundary lines. The final plat should identify the 100-year
floodplain and floodway boundary certified by a registered surveyor that the boundaries were
established consistent with the Flood Insurance Rate Map (FIRM) or maps. The final plat should
contain a plat note that warns prospective buyers of property that sheet flooding can and will occur
and that floods of greater magnitude may inundate areas outside identified floodway and
floodplain boundary lines.
• The preliminary plat date stamped by the City on November 2, 2012, shows Lot 1 and Lots 111-
115, Block 1, to be in proximity to the North Channel of the Boise River. The Boise River
contains riparian areas which are located adjacent to the river. Pursuant to Eagle City Code, a 25-
foot riparian setback is required in subdivisions that abut waterways. The subdivision plats should
contain note(s) that refer to the required 25-foot setback from all waterways called the riparian
zone, in which no improvement is permitted and require that riparian vegetation should be
maintained in its natural state for the protection and stabilization of the riverbank and that removal
of trees or other vegetation is regulated. The applicant should provide a revised preliminary plat
with a plat note indicating that a riparian zone setback of 25-feet in width is required adjacent to
all waterways, in which no improvement is permitted and that riparian vegetation should be
maintained in its natural state for the protection and stabilization of the riverbank and that the
removal of trees or other vegetation is regulated by the city. The revised preliminary plat should be
provided to the City prior to the submittal of a final plat application.
• The applicant provided a draft development agreement, date stamped by the City on November 7,
2012, which includes Condition of Development 2.9 that indicates the applicant will be providing
a park site along the Boise River at the eastern end of the property as generally depicted on the
Concept Plan. The park site is being donated to provide access to the greenbelt pathway and other
recreational areas. Prior to the applicant donating a developed park site to the City of Eagle the
applicant should work with the City to reach an agreement for the donation of the site. The
proposed park site is not delineated on the preliminary plat date stamped by the City on November
2, 2012, nor is it identified on any of the site plans provided with the application. The applicant
should provide a revised preliminary plat showing the park site (located at the eastern end of the
property) to be donated to the city as a separate lot and block. The revised preliminary plat should
also contain a plat note referencing the park site as a City of Eagle park site. The revised
preliminary plat should be provided to the City prior to submittal of a final plat application. Prior
to the applicant donating a park site the applicant should work with the City to reach an agreement
for donation of the site.
• The applicant has submitted a floodplain development permit to construct ponds and raise the
building pad sites on the property. As part of the construction process gravel extraction activities
will be occurring. The applicant did not indicate within the provided narrative if they are
proposing any mineral crushing. The applicant provided a draft development agreement, date
stamped by the City on November 7, 2012, which includes Condition of Development 2.12 that
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indicates that considerations regarding the gravel extraction operations will be addressed as part of
the city's review of any preliminary plat and final plat applications for the property. During the
gravel extraction operation to construct the proposed ponds and pad sites the crushing of minerals
should be prohibited.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided staff recommends approval of the requested rezone with
development agreement, conditional use permit, preliminary development plan, and preliminary
plat for Mace River Ranch Planned Unit Development with conditions to be placed within a
development agreement and subdivision site specific conditions of approval and standard
conditions of approval, all as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on
December 17, 2012, the hearing was continued to January 7, 2013, at which time testimony was taken
and the public hearing was closed. The Commission made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two
(2) individuals (other than the applicant/representative) who indicated that the applicant has integrity
and the financial capability to complete the project. They also indicated that they are supportive based
on the commitments to the Two Rivers Home Owners Association regarding certain aspects of the
development and they support the closure of Mace Road due to safety concerns.
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
D. Oral testimony neither in favor nor in opposition of this proposal was presented by two(2) individuals
who had the following concerns:
• Mace Road should be closed immediately and allowing construction traffic to utilize Mace Road
will be a safety issue.
• The parking area for the proposed park should take access from Island Woods Drive.
• The conditions of approval requested by the Two Rivers Home Owner's Association should be in
writing.
• The city should require a 35-foot wide landscape buffer adjacent to Island Woods Drive and Mace
Road.
COMMISSION DELIBERATION:
Upon closing the public hearing,the Commission discussed during deliberation that:
• The development is in conformance with the Comprehensive Plan based on the proposed
density.
• The applicant has communicated well with the neighbors to address their concerns.
• The Mace Road access was required to be closed several years ago.
• Requiring a public parking lot to be located internal to the residential areas would be
invasive to the residents of the subdivision.
• The Commission recognizes that this area was slated for development long ago and that
Island Woods Drive was designed to accommodate the traffic from this area.
• A parking area adjacent to the river may be a possible safety issue.
• The parking area to be developed for the proposed park should take access from the same
location as the current Mace Road access to Eagle Road(SH-55).
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COMMISSION DECISION REGARDING THE REZONE:
The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of RZ-05-12
for a rezone from A (Agricultural up to one (1) unit per twenty (20) acres) to R-2-DA-P
(Residential up to two (2) units per acre with a development agreement — PUD) for Mace River
Ranch, LLC, with the following staff recommended conditions to be placed within a development
agreement:
3.1 The total number of residential units on the Property shall not exceed 255-units and the maximum
density for the Property shall not exceed 1.88 dwelling units per acre(excluding floodway).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Applicant will submit such applications regarding design
review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and
any other applicable applications as may be required by the Eagle City Code, which shall comply
with the Eagle City Code, as it exists at the time such applications are made except as otherwise
provided within this Agreement.
3.3 The Concept Plan (Exhibit `B") represents the Owner's current concept for completion of the
project. As the Concept Plan evolves, the City understands and agrees that certain changes in that
concept may occur. If the City determines that any such changes require additional public
comment due to potential impacts on surrounding property or the community, a public hearing
shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be
required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for maintenance of all community and privately owned
landscaping,pressurized irrigation facilities, and amenities.
(b) A requirement that the repair and maintenance of the private street shall be the
responsibility of the homeowner's association/property owners' association or
substantially similar entity. The repair and maintenance requirement shall run with the
land and that the requirement cannot be modified and that the homeowners/property
owners' association or other entity cannot be dissolved without the express consent of the
city.
(c) A requirement for all fencing located adjacent to open space to be open-style such as
wrought iron, extruded aluminum(looks identical to wrought iron), or three-rail-type
decorative fencing. All other fencing(ie. cedar fencing,vinyl, chainlink)shall be
prohibited.
(d) A requirement that development(including fencing)within the floodway area is
prohibited unless certification by a registered professional hydraulic engineer is provided
demonstrating that encroachments shall not result in any increase in flood levels during
the occurrence of the base flood discharge and uses within the floodway shall be restricted
to those which are required for public necessity.
(e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank
and within the required 25-foot wide setback or riparian zone be maintained.
(f) A requirement that In the event any of the CC&R's are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule,
regulation or ordinances shall apply. The CC&R's are subject to all rules,regulations,
laws and ordinances of all applicable government bodies. In the event a governmental
rule,regulation, law or ordinance would render a part of the CC&R's unlawful, then in
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such event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance.
3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of
architecture as shown in Exhibit"E".
To assure compliance with this condition, the applicant shall create an architectural control
committee (ACC) as a component of the development's CC&R's. Provisions regarding the
creation and operating procedures of the ACC shall be included in the CC&R's, and shall be
reviewed and approved by the City attorney prior to the approval of the first final plat.
The submittal of the building permit application to the City for each structure within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
To assure compliance with the conditions of approval herein,the City reserves the right to deny,at
its discretion, any building permit application that does not substantially conform to the design
requirements as shown on the Exhibit "E". If a building permit is denied, the applicant shall have
the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code
Section 8-7-4-1.
3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and
conditions prior to the submittal of a final plat application. Prior to issuance of any building
permits, Applicant shall provide proof of central sewer service to the proposed residential use.
3.7 Owner shall provide a report or analysis of any proposed changes to wetlands located on the
Property and any such change shall be contingent upon approval by the Idaho Fish&Game
Department(if applicable),the Idaho Department of Water Resources(if applicable),the Army
Corps of Engineers,the City of Eagle,and any other appropriate governmental agencies, and shall
be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all
development and improvement of the Property shall comply with rule and regulations pertaining to
regulated wetlands prior to submittal of a final plat application.
3.8 Owner shall comply with all applicable provisions of Title 10,Flood Control, of the Eagle City
Code.
3.9 Owner shall provide an approved Land Use Change/Site Development Application from Boise
River Flood Control District No. 10 prior to submittal of a final plat application.
3.10 A minimum of one emergency and/or service access point to the Boise River for the use of repair
and rescue equipment and personnel shall be provided. Location and width of emergency and/or
service access shall be as determined in coordination with the City of Eagle Park and Pathway
Development Committee, Eagle Fire Department, and Boise River Flood Control District#10 and
approved by the Eagle City Council prior to City approval of a master design review application
for the Property.
3.11 Applicant shall provide a pool and club house as generally depicted on the Concept Plan. The
intent of the pool and club house is to provide a venue for activities for the residents of the
development. The building architecture and associated landscaping shall be reviewed and
approved by the Eagle Design Review Board the poolhouse and pool prior to the City Clerk
signing the final plat for Phase No. 1.
3.12 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section
9-4-1-6, a minimum ten foot(10')wide asphalt public pathway to be located within a twenty-five
foot(25')wide easement in alignment with the pathway located on the property east of the
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Property. The specific location and design of the pathway shall be approved by the Design Review
Board. The asphalt pathway shall be located in a recorded easement or easements dedicated to and
accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number
of the recorded easement or easements shall be referenced on the face of the plat for Mace River
Ranch,upon recordation of the final plat wherein the pathway is located. Other than any pathways
approved by Eagle, any additional development within the Floodway shall be reviewed and
approved by Eagle prior to the commencement of construction.
3.13 Final plat applications submitted in compliance with the approved preliminary plat phasing plan
shall be submitted in an orderly and reasonable manner in intervals not to exceed two (2) years
following the recordation of the preceding final plat. (Such final plat applications shall be
considered for final approval without resubmission of the preliminary plat for approval). Any final
plat shall be recorded within two (2) years following Eagle City Council action on the final plat;
provided however, Eagle City Council may approve the extension of such two (2) year period,
which approval shall not be unreasonably withheld, for a period of time not to exceed two (2)
years to facilitate the completion of improvements required by the applicable sections of Eagle
City Code. As part of its consideration to extend the time frame in this Section, Eagle City
Council may require applicant to adhere to subdivision ordinances and resolutions in effect at the
time the extension is requested.
3.14 The residential areas ("YELLOW, GREEN, AND BLUE") as shown on Exhibit "D" shall be
developed as follows:
o Yellow lots:
Front 25 feet
Rear 15 feet*
Interior Side 5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is"break"in the plane of the wall sections between stories then the
second story setback may be reduced by 2.5 feet.
5 feet per story-When the first and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
*No portion of the structure may encroach into the rear yard public utility, drainage, and
irrigation easement.
o Green lots:
Front 25 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is"break"in the plane of the wall sections between stories then the
second story setback may be reduced by 2.5 feet.
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5 feet per story-When the first and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
o Blue lots:
Front 30 feet
Rear 30 feet
Interior Side 10 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 5 feet
3.15 Prior to the Owner donating a developed park site("Park Site")to the City of Eagle the Owner
shall work with the City to reach an agreement for the donation of the site.
3.16 Prior to the gravel extraction operation commencing to construct the proposed ponds, Owner shall
provide an operational plan addressing, including,but not limit to, gravel extraction timeframe
(duration), hours of operation, dust mitigation, and impacts to adjacent properties due to de-
watering of the pond area during construction. The plan shall be reviewed and approved by the
City Engineer prior to commencement of construction of the ponds.
3.17 The existing Mace Road access to Eagle Road shall be preserved in its existing location and
configuration to provide(a)recreational access to the Park Site and to the Boise River; (b)
emergency access to both the Boise River and the Property: and(c)temporary and secondary
access to the Property. This limited access to Eagle Road shall be preserved but will be required to
be disconnected from the existing improved Mace Road collector. From and after the
disconnection, this road segment will not provide direct vehicular access from Eagle Road to the
residentially developed areas of the Property.
3.18 Owner shall keep and maintain for use on the Property such irrigation water rights as are
reasonably required in order to provide a pressurized irrigation system or systems for all
landscaped areas on the Property. In the event that Owner desires to transfer, sell or convey any
excess water rights(that is, water rights not necessary to provide an adequate source of irrigation
water for the landscaped areas on the Property), Owner shall first submit to Eagle reasonable
written evidence of the agreement to purchase said water rights by a third party purchaser and the
price and complete terms agreed to be paid therefore. Eagle shall have forty-five(45)days after
receipt of said notice within which to elect, in writing, to purchase such water rights upon the same
terms which Owner is to receive from said third party purchaser, whereupon the water rights shall
be sold to the Eagle on such terms and conditions, each party being bound thereby. In the event
Eagle shall not have given written notice of its intent to purchase the water rights within forty-five
(45)day period, the first right of refusal created hereby shall terminate and Owner shall be entitled
to sell its water rights free of any right of claim by Eagle. Owner shall have no obligation to Eagle
hereunder in the event Owner sells,transfers or conveys any such excess water rights to any person
or entity affiliated with Owner. As used herein, an affiliated person or entity is one which owns, is
owned by, or shares any common ownership with Owner.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission voted 3 to 0 (Villegas and Tanner absent) to recommend approval of the Mace
River Ranch Planned Unit Development (CU-04-12/PPUD-02-12/PP-04-12) for Mace River
Ranch, LLC, with the following staff recommended site specific and standard conditions of
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approval with strike through text to the deleted by the Commission and underline text to be added
by the Commission:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-05-
12.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all outstanding Engineering and Legal fees
incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the
City. (ECC 9-2-3 [C] [3] [1])
4. The applicant shall comply with all conditions of approval of the Floodplain Development
Permit(#FP-01-12) and complete the proposed work within the Area of Special Flood Hazard
(ASFH)prior to the City Clerk signing the final plat for each respective phase affected by the
Floodplain Development Permit,(ECC 9-5-7 and 10-1-4)
5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404-
Permit prior to submittal of a final plat application. Should a 404-Permit be required a copy of
the final approval from the Army Corps of Engineers shall be required prior to submittal of a
final plat application. (ECC 10-1-9[A][2][c])
6. The applicant shall work with the Idaho Transportation Department and the Ada County
Highway District regarding the timing of closure of West Mace Road as a through street. West
Mace Road shall be closed prior to the Idaho Transportation Department completing the North
Eagle Road median project in the spring of 2013.
7. The applicant shall provide a revised preliminary plat containing a plat note that indicates that
"All development within this subdivision shall be consistent with the conditions of
development within the development agreement associated with RZ-05-12 and any subsequent
modifications to the development agreement." The revised preliminary plat shall be provided
to the City prior to submittal of a final plat application.
8. The applicant shall submit a design review application showing: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape islands and knuckles
and all common areas throughout the subdivision 3) building elevations for all proposed
common area structures and irrigation pump house 4) landscape screening details of the
irrigation pump house, 5) useable amenities such as picnic tables, covered shelters, benches,
playground equipment, gazebos, and/or similar amenities, 6) located of the 10-foot wide
greenbelt public pathway to be located adjacent to the Boise River. The design review
application shall be reviewed and approved by the Design Review Board prior to the submittal
of a final plat application. (ECC 8-2A-1)
9. The final location and design of the nature preserve and pathway shall be reviewed and
approved by the Design Review Board prior to the submittal of a final plat application. (ECC
8-2A-1)
10. The developer shall provide 23-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board)along both sides of all streets within this
development. Trees shall be placed at the front of each lot on the side lot lines, or as approved
by the Design Review Board and within five-feet(5') of the edge of the roadway. Prior to the
City Clerk signing the final plat, the applicant shall either install the required trees, sod, and
irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements within landscape strips. Trees shall be installed
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prior to obtaining any occupancy permits for the homes. A temporary occupancy may be
issued if weather does not permit landscaping. (ECC 8-2A-7[E] and ECC 8-2A-18)
11. The applicant shall provide a revised preliminary plat which contains a plat notes that a)
conveys to each lot owner within the subdivision to be served by the private streets the
perpetual right of ingress and egress over the described private streets, b) provide that such
perpetual easement shall run with the land, c) provide that the restrictive covenant for
maintenance of the private streets cannot be modified and the homeowners'/property owners'
association or other entity cannot be dissolved without the express consent of the city. The
revised preliminary plat shall be provided to the City prior to submittal of a final plat
application. (ECC 9-3-2-5[C][2])
12. All internal pathways shall be a minimum of eight feet(8')in width. (ECC 9-4-1-6 [D][1])
13. The applicant shall be required to construct a nature preserve area on 43-acres of Lot 1, Block
1, and provide a 10-foot wide public pathway located within a 20-foot wide pedestrian access
easement. The pathway shall be located in proximity to the Boise River. The pathway shall be
completed prior to the City Clerk signing the first final plat. (ECC 9-4-1-6[D][1] and ECC 9-
5-8[A])
14. The applicant shall provide a revised preliminary plat showing a 35-foot wide buffer common
lot located adjacent to Island Woods Drive and Mace Road. The revised preliminary plat shall
be provided to the City prior to the submittal of a design review application. (ECC 8-2A-
7[J][4][a])
15. The applicant shall provide a revised preliminary plat showing the cul-de-sacs designed to be
in conformance with Eagle City Code Section 9-3-2-1[G]. The revised preliminary plat shall
be provided to the City prior to submittal of a final plat application.
16. The applicant shall provide a revised preliminary plat with plat note #4 indicating that fire
protection shall be provided by the Eagle Fire District. The revised preliminary plat shall be
provided to the City prior to submittal of a final plat application.
17. The applicant shall provide a revised plat with plat note #7 revised to read "Any re-
subdivision of this plat shall comply with the applicable subdivision regulations in affect at the
time of re-subdivision." The revised preliminary plat shall be provided to the City prior to
submittal of a final plat application. (ECC, Title 9)
18. The applicant shall provide a revised preliminary plat with a plat note indicating that"All front
and rear lot lines shall have a public utility, drainage, and pressurized irrigation easement not
less than 12-feet in width. All interior side lot lines shall have a public utility, drainage, and
pressurized irrigation easement not less than five-feet (5') in width for a total of 10-feet in
width." The revised preliminary plat shall be provided to the City prior to submittal of a final
plat application. (ECC 9-3-6)
19. The applicant shall provide a revised preliminary plat to the City indicating that direct lot
access to West Mace Road and West Island Woods Drive is prohibited prior to submittal of a
final plat application.
20. The applicant shall provide either a revised preliminary plat showing the floodway area of Lots
110-116, Block 1, incorporated into the Lot 1, Block 1, common area or shall provide
language in the CC&Rs requiring that any development within the floodway area is prohibited
unless the home owner obtains an approved floodplain development permit. The revised
preliminary plat shall be provided to the City prior to submittal of a final plat application.
(ECC 10-1-8-5 [D][1and 2])
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21. The applicant shall provide a revised preliminary plat showing the park site (located at the
eastern end of the property) to be donated to the city as a separate lot and block. The revised
preliminary plat shall also contain a plat note referencing the park site as a City of Eagle park
site. The revised preliminary plat shall be provided to the City prior to submittal of a final plat
application.
22. The final plat shall identify the 100-year floodplain and floodway boundary certified by a
registered surveyor that the boundaries were established consistent with the Flood Insurance
Rate Map (FIRM) or maps. The final plat shall contain a plat note that warns prospective
buyers of property that sheet flooding can and will occur and that floods of greater magnitude
may inundate areas outside identified floodway and floodplain boundary lines. (ECC 10-1-8-
4[E])
23. The applicant shall provide a revised preliminary plat with a plat note indicating that a riparian
zone setback of 25-feet in width is required adjacent to all waterways, in which no
improvement is permitted and that riparian vegetation shall be maintained in its natural state
for the protection and stabilization of the riverbank and that the removal of trees or other
vegetation is regulated. The revised preliminary plat shall be provided to the City prior to the
submittal of a final plat application. (ECC 10-1-8-4[F])
24. The applicant shall provide a revised preliminary plat that shows the Chevron pipeline located
within a common lot and/or provide a plat note with a pertinent note referencing the pipeline
easement. The plat note regarding the Chevron pipeline should read as follows:
"An easement 16.5-feet in width (centered over the base line as shown)for pipeline right-
of-way for the transportation of liquid petroleum products has been granted through
Instrument No. 292505, recorded October 17, 1949 in Book 21 of misc. records at Page
628, and through Instrument No. 292503, recorded October 17, 1949, in Book 21 of misc.
records at Page 625 as filed for record in the office of the Ada County recorder, Idaho.
Call Chevron Pipe Line Company, Boise area office,prior to any construction activity in
the vicinity of the pipeline."
The revised preliminary plat shall be provided prior to submittal of a final plat application.
25. A note shall be placed on the final plat indicating that the side setback(that side adjacent to
the pathway)for lots adjacent to interior pathways shall be 15-feet minimum from the paved
edge of the adjacent pathway. (ECC 9-4-1-6[D][3])
26. The required setbacks shall be as follows:
o Setbacks for the yellow residential area as depicted in the development agreement:
Front 25 feet
Rear 15 feet*
Interior Side 5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is"break"in the plane of the wall sections between stories then the
second story setback may be reduced by 2.5 feet.
5 feet per story-When the first and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
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*No portion of the structure may encroach into the rear yard public utility,drainage,and
irrigation easement.
o Setbacks for the green residential area as depicted in the development agreement shall be
developed as follows:
Front 25 feet
Rear 25 feet
Interior Side 7.5 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 2.5 feet per story—When the second story wall section is
designed to be offset toward the inside of the house from the lower story so
that there is"break"in the plane of the wall sections between stories then the
second story setback may be reduced by 2.5 feet.
5 feet per story-When the first and second story wall
sections are designed as a flat, single plane then the side setback shall be
increased by 5 feet for a total side setback of 12.5 feet.
o Setbacks for the blue residential as depicted in the development agreement shall be
developed as follows:
Front 30 feet
Rear 30 feet
Interior Side 10 feet
Street Side 20 feet
Additional Setback for
Multi-story structures 5 feet
27. The applicant shall provide a license agreement from ACHD approving the landscaping
located within the public rights-of-way abutting and within this site prior to approval of a final
plat. (ECC 9-4-1-2)
28. The applicant should be required to submit plans for the electronic gate (associated with the
private road)to be reviewed and approved by the Eagle Fire District prior to the installation of
the electronic gate. Upon installation of the electronic gate the applicant should be required to
submit an approval letter from Eagle Fire District prior to the issuance of building permits for
any structures to be located within the area served by a private road.
29. The entire Mace River Ranch Planned Unit Development shall remain under the control of
one Homeowner's Association. (ECC 9-3-8[D][4])
30. The single-family dwellings shall be constructed in substantial conformance with the
architectural styles date stamped by the City on December 12, 2012. (ECC 8-6-5-5 [A][2][c])
31. The architectural styles provided by the applicant shall be the required architectural styles for
the development. Photo examples of the above descriptive language, are attached as Exhibit
"E"of the development agreement are incorporated herein by reference. To assure compliance
with this condition, the applicant shall create an architectural control committee (ACC) as a
component of the subdivision CC&R's. Provisions regarding the creation and operating
procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved
by the City attorney prior to the approval of the final plat application for phase one. (ECC 9-5-
4-2)
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32. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee (ACC). Building permits applications that do not have an approval letter attached
will not be accepted.
33. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit application that does not meet the architectural
requirements and as required in site specific condition of approval#30 above of the PUD.
34. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat
application indicating that the Mace River Ranch Homeowner's Association is responsible for
all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Mace
River Ranch Homeowner's Association 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, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4])
35. The applicant shall place a note on the final plat that the Mace River Ranch Homeowner's
Association is responsible for all maintenance of the common landscape areas in Mace River
Ranch Subdivision. (ECC 9-3-8[D][4])
36. Comply with the requirements of all drainage and irrigation districts.
37. The applicant shall take care to locate and protect from damage existing utilities,pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
38. The applicant shall install at the entrances to the Mace River Ranch Planned Unit
Development 4' x 4' plywood or other hard surface signs (mounted on two 4"x 4"posts with
the bottom of the signs being a minimum of 3-feet above the ground) noticing the contractors
to clean up daily, no loud music, and no dogs off leash. The signs shall be installed prior to the
issuance of any building permits.
39. The applicant shall provide a revised preliminary plat showing the lot width and size
dimensions of the lots located adjacent to the southern boundary of the development to match
the lot widths and size dimension of those lots located adjacent to the northern boundary
within the Two Rivers Subdivision. The revised preliminary plat shall be provided prior to the
submittal of a final plt application.
40. Private streets shall serve all residential lots that are located west of the Chevron pipe line. The
applicant shall comply with all requirements of Eagle City Code regarding private streets with
the exception of the limit of 10% of all lots within a development to be served by private
streets.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
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.
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3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health& Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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.
See Eagle City Code Section 9-4-1-9(C)which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&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, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed,routed, covered or changed in any
way unless such obstruction,rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting,piping, covering or
otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their
property; and(3)satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
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12. Encroachments including,but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal,
or drain,used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch,pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location,height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way,prior to the City Engineer signing the final plat.
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.
14. 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.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. 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 and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. 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
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deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the
Eagle City Attorney prior to the City Engineer signing the final plat.
18. 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.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
20. 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.
21. 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".
22. 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.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. 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.
25. 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.
26. Basements in homes in the flood plain are prohibited.
27. 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.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council(ECC 9-6-5 (A)(2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
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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.
30. 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.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. 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.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the"Dark Sky"concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign(mounted on two 4"x 4"posts with the bottom of the sign being a minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, Thursday, November 1, 2012, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on November 2, 2012.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
Code on November 26, 2012. 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 November 21, 2012. Requests for agencies' reviews
were transmitted on November 5, 2012, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on December 7, 2012.
3. The Commission reviewed the particular facts and circumstances of this proposed rezone with a
development agreement (RZ-05-12) with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council", and based upon the information provided concludes that the proposed
applications are in accordance with the City of Eagle Comprehensive Plan and established goals and
objectives because:
a. The requested zoning designation of R-2-DA-P (Residential up to two units per acre with a
development agreement—PUD)complies with the Residential Two and Floodway designations
as shown on the Comprehensive Plan Land Use Map; and
b. The information provided from the agencies having jurisdiction over the public facilities
needed for this site indicate that adequate public facilities exist,or are required to be provided,
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to serve a single-family dwelling residential subdivision on this property under the proposed
zone;
c. The proposed R-2-DA-P (Residential up to two units per acre with a development agreement—
PUD)zoning district is compatible with the R-4 (Residential up to four(4)units per acre) and
RUT (Rural-Urban Transitional — Ada County designation) zones and land uses to the north
since this area is designated Floodway and Public/Semi-Public in the Comprehensive Plan
and includes the Boise River and properties owned by the Idaho Transportation Department
will not be developed in the future; and
d. The proposed R-2-DA-P (Residential up to two units per acre with a development agreement—
PUD)zoning district is compatible with the R-2-P (Residential up to two units per acre with a—
PUD) and A (Agricultural up to one (1) unit per twenty (20) acres) zones and land uses to the
south since this area is designated as Residential Two in the Comprehensive Plan and is
developed or may be developed in the same manner as the proposed development; and
e. The proposed R-2-DA-P (Residential up to two units per acre with a development agreement—
PUD) zoning district is compatible with C-1 (Neighborhood Business District) zone and land
uses to the east since this area is designated Floodway and Commercial in the Comprehensive
Plan and contains the Boise River and commercial development(office and restaurant); and
f. The proposed R-2-DA-P (Residential up to two units per acre with a development agreement—
PUD)zoning district is compatible with the A (Agricultural up to one (1)unit per twenty(20)
acres) zone and land use to the west since this area is designated Residential Two in the
Comprehensive Plan and could be developed in the same manner as the proposed
development; and
g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan and the applicant has submitted the required
documentation and applications to address the city's concerns regarding development within
these areas;and
h. No non-conforming uses are expected to be created with this rezone since the existing
residential dwelling will be removed with the development of the subdivision.
4. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional
use permit, preliminary development plan, and preliminary plat (CU-04-12/PPUD-02-12/PP-04-12)
and based upon the information provided concludes that the proposed development is in accordance
with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. 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.
The Mace River Ranch PUD has been proposed for development in conformance with the
Eagle Comprehensive Plan and consistent with the requirements of Eagle City Code. Mace
River Ranch PUD will provide for diversified housing, consolidation of a large parcel of land
adjacent to the North Channel of the Boise River for to add to Eagle's existing parks and
pathways, and provide significant additional private and public open spaces that are consistent
with the requirements of Eagle City Code; and
b. 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.
The Mace River Ranch PUD is designed to be harmonious with the Two Rivers Subdivision
located to the south of the proposed development and with the Island Woods Subdivision
located to the east of the development. The proposed development has also been designed with
larger lots and large common areas to provide a transition to those agricultural properties
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located to the west. The proposed development provides a variety of lot sizes, design
standards, and an architectural review process to be consistent with that utilized in adjacent
development; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Mace River Ranch PUD is proposed to be developed in a manner harmonious with existing
and future uses in the immediate vicinity. Additional care has been taken to buffer existing
lower density agricultural development to the west of the site; and
d. 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.
There will be development activities on the property which are typical of any development of a
subdivision within an area containing a floodplain such as grading and excavation. The site
work will have some degree of impact for a limited period of time. Since the development is
planned for residential similar to the character of the surrounding area, it is not anticipated that
any uses or activities will be detrimental to the surrounding properties upon completion of the
site work. Also, when Two Rivers Subdivision was constructed Island Woods Way was
constructed as a residential collector to address the anticipated traffic associated with the
development of the area where Mace River Ranch PUD is proposed; and
e. 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.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense.
f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are presently available to the site. To the extent that additional
sewer facilities may be required for some services, the applicant has previously agreed to
supply the Eagle Sewer District with property to accommodate their Mace sewer lift staton
expansion. Due to the site's proximity to existing development and downtown the site is
essentially an infill site that lacks any of the extraordinary or unusual public expense that may
be associated with more remote development applications;and
g. 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.
The Mace River Ranch PUD is located adjacent to the North Channel of the Boise River. The
applicant is proposing to construct a significant amount of open space (35.3% of the overall
development) which will contain a nature area with an interpretive trail and trout stream,
three-acre park to be dedicated to the City of Eagle, and several ponds and pathways. Also,
due to the construction of the nature area, the floodway and riparian areas will be preserved
and enhanced.
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
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During the construction of Two Rivers Subdivision the developer was required to construct
Island Woods Drive as a residential collector to serve the area where the Mace River Ranch
PUD is proposed to be located. Also, at the time the Idaho Transportation Department and the
Ada County Highway District required that Mace Road be closed. To date, Mace Road is still
open, however the developer of the Mace River Ranch PUD will be required to close Mace
Road pursuant to this approval.
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
The Mace River Ranch PUD will provide enhanced access to, and enjoyment of,riparian areas
adjacent to the North Channel of the Boise River. The development will also enhance the
floodplain, floodway, and riparian areas adjacent to the Boise River. Also, Mace River Ranch
will provide greater access to, and facilitate greater enjoyment of, these areas through the
parks,pathways, and greenbelt areas.
j. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development is in conformance with the Comprehensive Plan since the Plan
calls for Residential Two(up to two(2)units per acre). The development also satisfies the
goals and policies of the Comprehensive Plan regarding the recreation, floodway, and existing
riparian habitat.
k. 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.
The applicant is utilizing the PUD process to allow for a design to be comparable to the
adjacent developments. The dimensional flexibility of the PUD process allows for the creation
of meaningful open space and public recreation space.
1. 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.
Residential is the only use approved for this development. The additional recreational access
will create a benefit to the general public for recreational opportunities and wildlife
observation.
In case of large—scale PUDs (incorporating fifty(50) or more lots or dwelling units):
m. 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.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is certificated by United Water Company of Idaho.
The water infrastructure will be constructed at the developer's expense.
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Sewer
Upon annexation into the Eagle Sewer District the project will be located within the
boundaries of the District. Prior to the developer installing the required sewer infrastructure
the developer will be required to comply with the District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer.
Upon completion,the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain over 35.3% of passive and active open space providing the
residents a variety of recreation options from which to choose. A greenbelt pathway will
provide the public a safe and efficient way to move through the development. The project will
also generate park impact fees to be utilized for the creation of additional parks or add new
equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by The Mace River Ranch
Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
Schools
The Mace River Ranch Planned Unit Development is located within the Joint School District
No. 2 district boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of
Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of
the developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build-out is
approximately$97,000/annually(with Homeowner's Exemption).
P. 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.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
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DATED this 28th day of January, 2013
PLANNING AND ZON '1 MM .ION
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Sharon K. Bergmann,Eagle City Clerk
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