Minutes - 2001 - City Council - 10/23/2001 - RegularORIGINAL
EAGLE CITY COUNCIL
Minutes
October 23, 2001
PRE-COUNCIL AGENDA 6:30 p.m.- 7:30 p.m.
1. Theresa Woozley with Rocky Mountain Fitness will report on the basketball league. Theresa
Woozley reports on the Junior Jazz basketball league. We have 151 participants. There are three
more weeks of games and there will an end of the season wrap-up. I have the expenses broken
down for your review and the income. There is also a sheet on the City pool information. We
are in the works to have the swim program year round. The Volleyball will be this spring.
Discussion on the $5 that was to come to the City out of the registration to the programs.
Larraine Merrill discusses the programs. General discussion.
2. Christian Petrick and Paul Castelin will discuss water in the Treasure Valley. Christian
Petrick, Idaho Water Resources Research Institute, and Gary Spackman, Idaho Department of
Water Resources. Displays overheads in reference to Treasure Valley Hydrology and discusses
the same. General discussion.
3. Mayor and Council's Report: Moved to the end of the Agenda.
4. City Engineer Report: Veto Brewer will discuss the memo dated October 11, 2001 from
Holladay Engineering Co. regarding the Picadilly Village review timeline. Moved to the end of
the Agenda.
5. City Clerk/Treasurer Report: Moved to the end of the Agenda.
6. Zoning Administrator's Report: Moved to the end of the Agenda.
7. City Attorney Report: Moved to the end of the Agenda.
REGULAR COUNCIL AGENDA: 7:30 p.m.
t. CALL TO ORDER: Mayor calls the meeting to order at 7:40 p.~n.
2. ROLL CALL: BASTIAN, MERRILL, SEDLACEK, GUERBER. Guerber absent. A
quorum is present.
3. PLEDGE OF ALLEGIANCE:
4. CONSENT AGENDA:
· Consent Agenda items are considered to be routine and are acted on with one
motion. There will be no separate discussion on these items unless the Mayor, a
Councilmember, member of City Staff, or a citizen requests an item to be removed
from the Consent Agenda for discussion. Items removed from the Consent Agenda
will be placed on the Regular Agenda in a sequence determined by the Rules of
Order.
· Any item on the Consent Agenda which contains written Conditions of Approval
from the City of Eagle City Staff, Planning & Zoning Commission, or Design
Review Board shall be adopted as part of the City Council's Consent Agenda
approval motion unless specifically stated otherwise.
A. Claims Against the City.
B. Minutes of October 9, 2001 Special Meeting.
C. Minutes of October 9, 2001 meeting.
D. Findings of Fact and Conclusions of Law A-1-01/RZ-1-01/CU-3-01/PPUD-1-
01/PP-2-01 - RiversEnd Planned Unit Development - Howell-Kiser
Development Corporation: Howell-Kiser Development Corporation,
represented by Mark Butler with Land Consultants Inc., is requesting an
annexation and rezone from RUT (Rural Urban Transition) to R-2-P (Residential
up to two units per acre - PUD) and R-2-DA-P (Residential up to two units per
acre with development agreement and PUD), conditional use, preliminary
planned unit development, and preliminary plat approvals for RiversEnd planned
residential development. The 106.83~acre development consists of 173-1ot (147-
buildable) residential subdivision. The site is located between the North and
South Channels of the Boise River approximately 1/2-mile east of Eagle Road
on East lsland Woods Drive. (WEV)
E. Proclamation to establish the November 3rd through the 11th to be Forget
Me Not Week in Eagle in Honor of Disabled American Veterans. (RY)
Merrill moves to add to Item #4A. Claims Against the City: the payment of $2,500 as
requested by Rocky Mountain Fitness & Recreation for the youth programs. Seconded by
Sedlacek. ALL AYE: MOTION CARRIES ..................
Merrill moves to remove Items #4C and 4D from the Consent Agenda and to approve the
amended Consent Agenda. Seconded by Bastian. ALL AYE: MOTION CARRIES ............
4C. Minutes of October 9, 2001 meeting.
Merrill: A change to the minutes on Page 7. At the end of the sentence starting with//2 add:
"from State Street to Beacon Light on Highway 55".
Merrill moves to approve the amended minutes of October 9, 2001. Seconded by Bastian.
ALL AYE: MOTION CARRIES ....................
4D. Findings of Fact and Conclusions of Law A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-
01 - RiversEnd Planned Unit Development - Howell-Kiser Development Corporation:
Howell-Kiser Development Corporation, represented by Mark Butler with Land Consultants Inc.,
is requesting an annexation and rezone from RUT (Rural Urban Transition) to R-2-P (Residential
up to two units per acre - PUD) and R-2-DA-P (Residential up to two units per acre with
development agreement and PUD), conditional use, preliminary planned unit development, and
preliminary plat approvals for RiversEnd planned residential development. The 106.83-acre
development consists of 173-1ot (147-buildable) residential subdivision. The site is located
between the North and South Channels of the Boise River approximately 1/2-mile east of Eagle
Road on East Island Woods Drive. (WEV)
Merrill: There are changes to the minutes and the Findings of Fact and Conclusions of Law that
need to be reviewed and approved by the Council. The Zoning Administrator has supplied us
with a copy of the changes in the Site Specific Conditions of Approvals of the Findings of Fact
and Conclusions of Law.
Merrill moves to approve the changes on the Site Specific Conditions of Approval of the
Findings of Fact and Conclusions of Law as provided by the Zoning Administrator and the
additional following changes.
1. #18 B change 16-foot to 10-foot.
2. #18 C 20-foot to 12- foot.
3. #19 add: Note: The preliminary plat, date stamped by the City on September 5, 2001, is
incorporated into these findings by reference. This plat has color coded lots for the
purpose of matching the required setbacks to specific lots.
Seconded by Bastian. ALL AYE: MOTION CARRIES ..................
5. FINAL PLATS:
A. FP-21-01 - Final Plat for Yorkshire Acres - Robert DeShazo Jr./Berkshire West: Robert
DeShazo Jr./Berkshire West, represented by Douglas W. Landwer, is requesting final plat
approval for Yorkshire Acres Subdivision. The 4.64-acre, 15-lot (13-buildable, 2-common)
residential subdivision is located on the south side of East Floating Feather Road, approximately
900-feet west of Horseshoe Bend Road. (WEV)
Mayor introduces the issue.
Douglas W. Landwer, representing the applicant, discusses the Staff recommendations. General
discussion.
Zoning Administrator Vaughan: Displays an overhead and discusses the project including
pressurized irrigation. General discussion.
Vern Brewer, Holladay Engineering, discusses the pressurized irrigation.
Sedlacek moves to approve FP-21-01 Final Plat for Yorkshire Acres with the Standard
Conditions of Approval and the Site Specific Conditions of Approval and to add as Site
Specific Conditions of Approval #12: Place a note on the final plat that states "that there is
no pressurized irrigation available and all outside irrigation will be provided by metered
water". Seconded by Bastian. Discussion. ALL AYE: MOTION CARRIES ..................
B. FP-19-01 - Final Plat for Clear Creek Crossing Subdivision - Dou~ Javo: The applicant
is requesting final plat approval for Clear Creek Subdivision, a 91-lot (72-buildable) residential
subdivision. The 54.8-acre site is located approximately 1/8-mile west of the intersection of
North Eagle Road and Floating Feather Road. The site is within the Eagle City Limits. (WEV)
Mayor introduces the issue.
Staff is requesting that this item be continued.
Bastian moves to continue FP-19-01 Final Plat for Clear Creek Crossing Subdivision to the
November 13, 2001, City Council meeting. Seconded by Merrill. ALL AYE: MOTION
CARRIES .................
6. UNFINISHED BUSINESS:
A. Findings of Fact and Conclusions of Law for RZ-95 MOD - Development Agreement
Modification - Instrument No. 95062665 - Eagle Country Plaza LLC: William Hodges is
requesting a modification to the development agreement approved by the City in 1995
(developed as Eagle Country Plaza Shopping Center - Eagle Market Place) for an increase in the
maximum height allowed for monument signs from 8-feet high to 15-feet high. The 7.5-acre site
is located on the northeast comer of Chinden Boulevard and Eagle Road. This item was
continued from the October 9, 2001 meeting(WEV)
Mayor introduces the issue.
Bill Hodges, applicant, discusses the Findings of Fact and Conclusions of Law. Specific
discussion on the lights.
Vaughan: Discussion on changes in the Findings of Fact and Conclusions of Law. General
discussion.
Merrill moves to approve the Findings of Fact and Conclusions of Law for RZ-95 MOD
Development Agreement Modification - Instrument No. 95062665 - Eagle Country Plaza
LLC. Seconded by Sedlacek. Discussion. ALL AYE: MOTION CARRIES ............
B. Minutes of September 18~ 2001. This item was contintzed from the October 9, 2001 meeting
(SKM)
Mayor introduces the issue.
Zoning Administrator Vaughan: Discusses the changes that need to be made so the minutes and
Findings are consistent. General discussion.
Merrill moves to approve the Minutes of September 18, 2001, and have them reflect the
Motion that was just made in Item #6A. Unfinished Business: Findings of Fact and
Conclusions of Law for RZ-95 MOD, modification of the Development Agreement.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES .....................
C. Review and approval of the ,ioint effort agreement between ACHD and the City of Eagle
for the improvements to 2na Street between Plaza Drive and State Street.
Mayor introduces the issue.
Zoning Administrator Vaughan: Provides an overview of the project. General discussion.
Vern Brewer, Holladay Engineering: Discussion on the lighting on North Eagle Road. General
discussion.
City Attorney Buxton: Discussion on some changes to the Joint Effort Agreement.
Merrill moves to continue the review and approval of the Joint Effort Agreement between
ACHD and the City of Eagle and request that a representative from ACHD appear before
City Council at the next regularly scheduled meeting on November 13, 2001, to show us the
design and to have the Agreement amended as follows: Item #2d. This agreement,
including amounts identified in Paragraph #2(a) and 2(b) herein may not be enlarged,
modified, amended or altered except in writing signed by both of the parties hereto, prior
to making any such changes. Seconded by Sedlacek. ALL AYE: MOTION
CARRIES ...........
7. PUBLIC HEARINGS:
A. RZ-14-00 MOD - Development Agreement Modification - IFI Partners II: IFI Partners
II, represented by John Evans, is requesting a change to the conditions within the development
agreement previously approved by the City for rezone application RZ-14-00 (rezone from R-4
(Residential) to MU-DA (Mixed Use with a Development Agreement)). The 2.97-acre site is
located on the south side of Hill Road approximately 575-feet west of Highway 55.(WEV)
B. PP-9-01 - Great Sky Subdivision No. 7 - IFI Partners II: IFI Partners II, represented by
John G. Evans is requesting preliminary plat approval for Great Sky Estates No. 7 Subdivision.
The 2.98-acre, l 1-lot (5-residential, 4-commercial, 2-common lot) subdivision is generally
located on the southwest comer of Hill Road and State Highway 55 approximately 575-feet west
of State Highway 55. (WEV)
Mayor introduces the issues. Items A and B will be heard together and any action that is taken
will be on each individual issue.
Mayor introduces the issues.
Mayor opens the Public Hearing.
John Evans, applicant, displays a site plan and provides an overview of the applications for the
Council. Discussion on the Planning and Zoning Findings. General discussion.
Zoning Administrator Vaughan: Displays overheads and provides an overview of the
applications for the Council.
Mayor closes the Public Hearing.
General Council discussion.
Bastiau moves to approve RZ-14-00 MOD Development Agreement Modification - IFI
Partners II with a change on Page 8 of 13 of the Development Agreement Modification
Staff Report: That the minimum side yard set back be 7.5 feet instead of the 5 foot side
yard setback and on Page 13 of 13 of the Findings of Fact and Conclusions of Law of the
Planning and Zoning Commission, Item #13: the 5 foot side yard setback be changed to 7.5
foot side yard setback. Seconded by Sedlacek. Discussion. Bastian amends the motion to
add: on Page 7 of 11 of the Findings of Fact and Conclusions of Law of the Planning and
Zoning Commission: 2.13: Change 5 foot side yard setback to 7.5 foot side yard setback;
2.14: Strike the last sentence; Page 8 of 11: Reference No. 1 through 8. Second concurs.
TWO AYES: ONE NAY: MOTION CARRIES ..................
Bastain moves to approve PP-9-01 Great Sky Subdivision No. 7 - IFI Partners II with the
Site Specific Conditions of approval as proposed and Site Specific Condition #17 be
stricken. Seconded by Sedlacek. ALL AYE: MOTION CARRIES .................
Mayor calls a recess at 9:50 p.m.
Mayor reconvenes the meeting at 10:00 p.m.
C. ZOA-4-01 - Zoning Ordinance Amendment - City of Eagle: An Ordinance Amending
Eagle City Code Section 8-2-4 (H) To Exempt Lots With Street Side Frontage Located Within
Zoning Districts A, A-R, R-E And R-1 From The Required Ten-Percent Minimum Increase In
Lot Area As Referenced In Note "H"; And Providing An Effective Date. (WEV)
Mayor introduces the issue.
Zoning Administrator Vaughan: This is an application for a zoning ordinance amendment.
Provides Council an overview of the amendment. General discussion.
Mayor opens the Public Hearing.
Mayor swears in David Bailey.
David Bailey, Hubble Engineering, discusses the request for the zoning ordinance amendment.
The change is requested to accommodate future applications that will come before Council at a
later date.
Mayor swears in Mark Butler.
Mark Butler, 52 N. 2nd Street. I am in favor of the ordinance amendment. Discusses the
purpose of the Code.
Mayor closes the Public Hearing.
General discussion.
Sedlacek moves to approve ZOA4-01 Zoning Ordinance Amendment as written striking the R-1
zoning. Seconded by Merrill. Discussion. Sedlacek withdraws the motion. Second concurs.
Sedlacek moves to continue ZOA-4-01 to the November 13, 2001, City Council meeting.
Seconded by Bastian. ALL AYE: MOTION CARRIES .......................
D. A-05-01 & RZ-08-01- Annexation and Rezone From RUT to R-E - Northwest
Development LLC: Northwest Development, LLC., represented by Matt Munger with Hubble
Engineering, is requesting a rezone upon annexation from RUT (Rural Urban Transitional - Ada
County Designation) to R-E (Residential Estates - one dwelling unit per two acres). The 38.64-
acre site is located on the west side North Meridian Road approximately % mile north of Floating
Feather Road. (WEV)
E. PP-10-01 - Henry's Subdivision - Northwest Development LLC: Northwest
Development, LLC., represented by Matt Munger with Hubble Engineering, is requesting
preliminary plat approval for Henry's Subdivision. The 38.64-acre, 20-lot (19-buildable)
residential subdivision is located on the west side of North Meridian Road approximately ¥2-mile
north of Floating Feather Road. (WEV)
Mayor introduces the issue. Items D and E will be heard together and any action that is taken
will be on each individual issue.
Mayor opens the Public Hearing.
Mayor swears in Kristen Van Englen.
Kristen Van Englen, applicant, displays a power point presentation and provides an overview of
the project for Council.
Zoning Administrator Vaughan: Displays a site plan and provides Council an overview of the
applications. General discussion.
Mayor closes the Public Hearing.
Merrill moves to approve A~05-01 & RZ-08-01 Annexation and Rezone from RUT to R-E
Northwest Development. Seconded by Bastian. Discussion. ALL AYE: MOTION
CARRIES ................
Sedlacek moves to approve PP-10-01 Henry's Subdivision - Northwest Development LLC
with the Standard and Site Specific Conditions of Approval as recommended by the
Planning and Zoning Commission. Seconded by Bastian. Discussion. ALL AYE:
MOTION CARRIES ...............
F. PP/FP-10-01 - Mixed Use Subdivision No.2- Eagle River LLC: Eagle River, LLC,
represented by Bill Clark with Clark Development, is requesting combined preliminary plat and
final plat approval for Mixed Use Subdivision No. 2 (formally know as Eagle River Subdivision).
The 46.4-acre, 10-1or (9 cormnercial, 1 residential) subdivision is located on the southeast corner
of Eagle Road and State Highway 44. (WEV)
Mayor introduces the issue.
Mayor opens the Public Hearing.
Mayor swears in Bill Clark.
Bill Clark, Clark Development, representing Eagle River, provides Council an overview of the
application. Displays overheads for Eagle River and discusses the same.
Zoning Administrator Vaughan: Displays a site plan and discusses the application. General
discussion. Discussion on the emergency access points.
Bill Clark: Discusses the pathways.
Tim Mokwa, Toothman-Orton Engineering Company, discusses the pathway easements and
reads the note on the plats. General discussion.
City Attorney Buxton: Discussion on the pathway easements. General discussion.
Discussion on the non-exclusive parking for public access.
Discussion on the signal light. ITD has approved the light.
Mayor closes the Public Hearing.
General discussion.
Basfian moves to approve PP/FP-10-01 Mixed Use Subdivision No. 2-Eagle River LLC, this
is a combined Preliminary Plat and Final Plat and that on P.13 of 19, Planning and Zoning
Commissions' Findings of Fact and Conclusions of Law: Site Specific Conditions W/shall
read: "Construct a 10 foot wide paved asphalt pathway within the 15 foot wide public
pathway easement prior to July 1, 2002. City Council approval of the specific language for
the 15 wide public pathway easement extending from Eagle Road eastward to the Merrill
park property shall be approved by the City Council and recorded in the Ada County
Recorder's Office prior to the issuance of any building permits for the entire site. Strike
the underlined section." Seconded by Sedlacek. Discussion. Bastian amends the motion to
add at the end of Site Specific Condition #5 the following sentence: "Spaces are to be signed
as Sportsman Access Parking prior to the Certificate of Occupancy being issued for the
Hotel" and delete "Attorney" and add "Council". Second concurs. ALL AYE: MOTION
CARRIES ........................
8. NEW BUSINESS:
A. Discussion of proposed engineering fees.
Mayor introduces the issue.
Veto Brewer, Holladay Engineering, discusses the proposed engineering fees. The current fees
have been in place since 1997 and have not been update since then. Discussion on a base fee
schedule. General discussion.
Sedlacek moves to amend the existing City Engineers Contract to replace the existing
Exhibit "A" with the new Exhibit "A". Seconded by Merrill. Merrill: AYE; Bastian:
AYE; Sedlacek: AYE: ALL AYE: MOTION CARRIES ............
Zoning Administrator Vaughan: Discussion on the fee table. This will be before Council before
the first of the year. General discussion.
9. EXECUTIVE SESSION:
A. Acquisition of private property. I.C. ~ 67-2345 (c)
B. Personnel Issues. I.C. ~67-2345(b)
Sedlacek moves to go into Executive Session for the discussion of acquisition of private
property and personnel issues. Seconded by Merrill. Bastian: AYE; Merrill: AYE;
Sedlacek: AYE: ALL AYE MOTION CARRIES .....................
Council discusses acquisition of private property and personnel issues in Executive Session.
Council leaves Executive Session.
Bastian moves to grant Tracy 7 weeks of annual leave and one week of unpaid leave.
Seconded by Sedlacek. ALL AYE: MOTION CARRIES ......................
Mayor and Council's Report:
Sedlacek: Discussion on Streamside pathway. City Attorney needs to notify the developer about
construction of the pathway. General discussion.
Discussion on receiving free 16 cottonwood trees to be planted along the Boise River. General
discussion.
Discussion on a jake brake sign being put on Floating Feather Road.
Discussion on the Joint Meeting on October 29, 2001.
Mayor: Discussion on recommendations for Design Review Board Member.
City Engineer Report: Vern Brewer will discuss the memo dated October 11, 2001 from
Holladay Engineering Co. regarding the Picadilly Village review timeline. Moved to Executive
Session.
City Clerk/Treasurer Report: We need to have a date to canvass the votes. This needs to be done
by November 12, 2001. Council concurs to canvass the votes on November 7, 2001, at 5:00 p.m.
Council Member Bastian will be out of town, so we need to make sure a quorum will be
available.
Discussion on the payment to Lloyd Campbell as per the Agreement for the power and water to
the Highway 55 Entry Sign. Council concurs to make the payment of $700 to Lloyd Campbell.
Zoning Administrator's Report: No report.
City Attorney Report: No report.
General Council discussion on the water rights and the Brookwood Well. The Brookwood well
issues needs to be added to the November 13, 2001, City Council agenda.
10. ADJOURNMENT:
Mayor adjourns the meeting at 1:20 a.m.
Respectfully submitted:
CITY CLER~AS~R
RIC~AS~,
MAYOR
/0- ,73. o/
Iti\A'OP
D. Written testimony in opposition to this proposal was presented to the City Council by eight (8)
individuals with concerns regarding with the increased traffic and traffic congestion (specifically but
not limited to construction traffic), the need for a traffic signal light to be installed at the intersection of
Eagle Road and Island Woods Drive, need for speed control on Island Woods Drive, need for more
than one access into the development other than Island Woods Drive, responsibility for the
maintenance of the roads and brick cross walks, general safety of children in the neighborhood,
previous understanding from realtors that development would not occur on the site, over -availability of
homes in Eagle.
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve the annexation and rezone, conditional use
permit, planned unit development preliminary development plan, and preliminary plat applications
for RiversEnd planned unit development with the following site specific conditions of approval
and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated May 10, 2001. Except that the City acknowledges that items #3,
#4 and #5 are not issues with this PUD in that the ponds are part of the open space and are not
wetlands and that the lot sizes referenced in items #4 and #5 may be permitted to be decreased with
the PUD.
2. Lots 10, 29 and 42, of Block 1, are granted an exception from the required minimum lot width of 75 -
feet as requested by the applicant with this PUD and said lots may be reduced in width as shown on
the submitted preliminary plat date stamped by the City on August 7, 2001.
3. The developer shall provide 3 -inch minimum caliper shade -class trees (landscape plan to be reviewed
and approved by the Design Review Board) along both sides of all streets within this development.
Trees shall be placed at each lot corner except that an additional tree shall be required for Lot 33,
Block 1, Lot 36, Block 1 and Lot 46, Block 1, Lot 4, Block 4, Lot 1, Block 5, and Lot 2, Block 5 with
the distance between trees to be no less than 35 -feet. The trees shall be located in a landscape strip
between the sidewalk and the curb. (Where no sidewalk is provided along the private streets
accessing the lots abutting the South Channel of the Boise River, trees shall be within 10 -feet of the
pavement edge). Prior to the City Clerk signing the final plat for each phase, the applicant shall either
install the required trees, landscaping, and irrigation or provide the City with a letter of credit for
150% of the cost of the installation of all landscape and irrigation improvements within the 5 -foot
wide landscape strip.
4. Other than the sidewalks along the streets, meandering pathway/trails within the subdivision shall be
6 -foot wide minimum asphalt or concrete. For clarification: A) The greenbelt pathway along the
south side of the North Channel of the Boise River shall be compacted gravel or equivalent; and B)
The pathways within the nature preserve at the north end of the development as well as the river
access to the South Channel of the Boise River shall be developed to provide for a 10 -foot wide hard
surface pathway such as asphalt, concrete or compacted gravel as specified by Eagle Park and
Pathway Development Committee.
5. A Flood Plain Development Permit application shall be submitted with each final plat application.
6. Provide a revised preliminary development plan and preliminary plat which states that Phase Four (as
depicted on the revised preliminary plat, date stamped by the City on August 7, 2001) is, "Currently
Page 18 of 34
KAPlaradag Milan& ApplicatiooASUB5\2001%iversEsd PUD ocf doc
Floodway - non -buildable lot".
7. If at any time in the future the FEMA floodway line is moved to a point sufficient enough to allow for
development in Phase Four (as depicted on the revised preliminary plat, date stamped by the City on
August 7, 2001), then a final development plan application for this location may be considered
provided the design is consistent with the preliminary development plan (including lot layout and
roadway design) submitted with this application.
SI prtfii$y l:ryi as
- - - - - iirr Amour* i4 7, 7001. Lots 7-10, 29-31,
A4111?
, 38, 39, 40, 42, and 43, Block 1 (Phase Three), shall comply with the 50 -foot setback from the
1 % floodway line, pursuant to Eagle City Code in effect at the time a building permit is applied for. The
plat shall show a building envelope for each of the aforementioned lots delineating the setback Limits
for placement of any structure. Since the Floodway line intersects roughly in the middle of each of
these lots, that portion of these lots lying south of the floodway line (as determined by FEMA) shall be
"non -build" portions of the lots and no buildings or other structures shall be built thereon. No
equipment or vehicles shall be stored on any portion of these lots lying in the floodway and such shall
be a condition to be within the CC&R's.
Each of these lots shall also be subject to the 50 ft It'J iiiliiitA I lilt flck from the floodway line in effect
9. Provide construction plans for review and approval to the City Engineer which detail how the
proposed waterways are to be maintained, will prevent stagnation and breeding of pests, and how
storm water is to be accommodated, prior to the City Engineer signing the final plat.
10. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
The area shown as Phase Four (as depicted on the revised preliminary plat, date stamped by the City
on August 7, 2001) on the preliminary development plan shall not be considered for approval by any
final development plan/final plat application until and if the area is removed from the floodway by
FEMA.
11. Private Road Lot 37, Block 1: A note on the plat shall be provided which substantially states:
"Lot 37, Block 1, is a private road serving only Lots 38, 39, 40 and 42, Block 1. This road
shall be owned and maintained by the Homeowner's Association for this subdivision. This
Homeowner's Association may not be dissolved and this private road may not be
transferred to any other entity unless specifically approved in writing by the City of Eagle.
All of the costs of maintenance of this Lot 37, Block 1, private road shall be assessed only
to, and paid for only by, the Owners of lots 38, 39, 40 and 42, Block 1, in equal shares and
the CC&R's for the subdivision shall so provide. Each of these lots has an equal, non-
exclusive, easement over and across this Lot 37, Block 1, for the purposes of ingress,
egress to and from the lots and the public streets, and for installation and maintenance of
underground utilities. Parking on this private road is prohibited."
Page 19 of 34
KAPlanning Dept\Eagle Applications \SUBS12OOI\RiversEnd PUD ccLdoc
Private Road Lot 5, Block 1. A note on the Plat shall be provided.which substantially states:
"Lot 5, Block 1, is a private road serving Lots 6, 7, 8, 9, and 10, Block 1, and includes a
20 -foot wide access for RiversEnd subdivision owners to get to and from the public streets
and the south channel of the Boise River. This road and access way shall be owned and
maintained by the Homeowner's Association for this subdivision. This Homeowner's
Association may not be dissolved and this Lot 5, Block 1, may not be transferred to any
other entity unless specifically approved in writing by the City of Eagle. All of the costs of
maintenance of this Lot 5, Block 1, private road shall be assessed only to, and paid for
only by, the Owners of Lots 6, 7, 8, 9, and 10, Block 1, in equal shares. The costs of
maintenance of the 20 -foot wide access way from the cul-de-sac in Lot 5, Block 1, to the
Boise River shall be assessed to all owners of the subdivision as a regular Common Area
expense. Lots 6, 7, 8, 9, and 10, Block 1, each have an equal, non-exclusive easement over
and across Lot 5, Block 1, from the public streets to through the cul-de-sac for the
purposes of motor vehicle and other ingress, egress to and from each of these lots and the
public streets, and for installation and maintenance of underground utilities. Parking on
this private road is prohibited. Lot 5, Block 1, is also subject to an easement for pedestrian
traffic only in favor of all owners in RiversEnd subdivision for pedestrian access to and
from the public streets and the south channel of the Boise River. Lot 5, Block 1, is also
subject to an easement for motor vehicle and equipment access by the irrigation entity
which owns the ditch, head gate and weir located in Lot 5 for the purpose of access to and
maintenance of those irrigation facilities."
The revised plat date stamped by the City on August 7, 2001, shows the above referenced common
area lot. (At the head gate, the easement widens to approximately 30 -feet to include the head gate
itself as depicted on the Plat.)
The final plat which includes Lot 5, Block 1, shall be designed to provide access to the head gate
to extend beyond the head gate to the southern boundary of the site.
No gates shall be permitted across Lot 5, Block 1, to allow access to the river for maintenance and
emergency vehicles.
12. The street and pathway configuration shall remain substantially as shown on the prelims
preliminary plat, date stamped by the City on August 7, 2001. submitted to the
A pathway shall not be required on the north side of the South Channel of
the Boise River abutting this site.
There shall be a note on the final that states:
"Any portion of this property abutting the High Water Mark of the Boise River shall be subject to a
fifteen (15) foot Sportsman's Easement (as delineated on the preliminary plat date stamped by the City
on August 7, 2001) for purposes of Sportsman ingress and egress to the Boise River."
Provide a minimum 20 -foot wide access easement (or common lot) from the RiversEnd Subdivision to
the South Channel of the Boise River. The 20 -foot wide area shall be kept clear of weeds and other
obstructions. The access area is for maintenance and residents within the subdivision.
13. All living trees that do not encroach upon the buildable area on any lot along the North and South
Channel of the Boise River shall be left in their natural state, including any tree along the slough on
the North side of Phase Four continuing to provide habitat for the existing birds and animals. A
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detailed landscape plan showing how the trees will be integrated into the open space areas or private
lots (unless approved for removal by the Design review Board) shall be provided for Design Review
Board approval prior to Council approval of a final development plan.
14. Establish a mechanism for the repair and maintenance of the private streets, including provisions for
the funding thereof, within the required CC&R's for the subdivision and provide any necessary notes
on the final plat, all to be reviewed and approved by the City Engineer and City Attorney prior to City
approval of the final plat.
15. Provide a revised preliminary plat with a note providing access to the irrigation junction box located at
the southern end of Lot 9, Block 1. Specific easement language shall be reviewed and approved by
the Zoning Administrator prior to City approval of the final plat (part of #11 above).
16. Until such time that Phase Four (as depicted on the revised preliminary plat, date stamped by the City
on August 7, 2001) is re -subdivided, provide a revised preliminary plat with a note providing
maintenance access through and across the Phase Four portion of the site to the proposed nature
reserve and greenbelt located in the northern portion of the site. If and when Phase Four portion of
the site is re -subdivided, an access easement for pedestrian access to the nature reserve and greenbelt
as well as maintenance access shall be provided. Specific easement language shall be reviewed and
approved by the Zoning Administrator prior to City approval of any final plat that includes the area
shown as Phase Four.
17. The private streets proposed within the subdivision are hereby approved. Submit construction plans
showing construction details of the private streets upon submittal of a final plat for Phase 3.
18. These following amenities and the landscape plans showing the open space amenities shall be
reviewed and approved by the Design Review Board.
The developer shall provide the following amenities in each respective Phase of the subdivision as
that particular Phase containing the amenity is developed:
A. A 5 -acre nature preserve and nature pathways adjacent to the north channel of the Boise
River, as shown on the Development Plan in Lot 24, Block 3. None of these pathways need
to be paved. These pathways in this nature area shall connect to the City of Eagle green belt
pathway system on the south side of the north channel of the Boise River as shown the City
of Eagle Comprehensive Plan Transportation / Pathway Network Map #1 of 2. Access to the
Pathway strictly for the purpose of construction. maintenance. and emergency access shall be
allowed and provided by the developer.
B. Completion of the City of Eagle green belt pathway where it exists on the property and as
shown on the City of Eagle Comprehensive Plan Transportation / Pathway Network Map #1
of 2. (The 25 -foot wide easement for this City greenbelt pathway has already been granted to
dj the City of Eagle). The developer shall provide a elan drawn to City specifications to
construct aia-foot wide gravel pathway within the easement. prior to the issuance of any
building permits for Phase Four.
,y
Complete am -foot wide natural or gravel pathway over Lot 25, Block 3 for purposes of
pedestrian and maintenance access from the public streets to Lot 24, Block 3 (the nature
preserve and pathway area).
Ori:cf
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D. A natural pathway from the cul-de-sac in Lot 5, Block 1, to the South Channel of the Boise
River. This portion of Lot 5, Block 1, from the paved cul-de-sac may be kept in its natural
state. (The remainder of the private road in Lot 5, Block 1 shall be paved.) The Association
shall be responsible to keep the area free of noxious weeds.
E. Construct pathways and landscaping for the use of residents as follows: (All paved pathways
shall be asphalt or concrete and shall be at least five (5) feet wide.)
El. Paved pathway on Common Lot 18, Block 1, from the pond to the public street (Rivers
End Drive).
E2. Paved pathway between Lots 10 and 11, Block 2, and over common area Lot 1, Block
2.
E3. A pedestrian bridge over common area Lot 1, Block 2 (at Lots 10 and 11, Block 2).
E4. A paved pathway at the entrance to the subdivision's far west side (adjacent to Island
Woods) from Island Woods Drive through Lot 1, Block 3, and between Lots 4 and 5,
Block 3.
E5. A bridge over the pond in Lot 1, Block 4 near Lots 9 and 10, Block 4.
E6. A paved pathway between lots 9 and 10, Block 5.
E7. A paved pathway between lots 5 and 6, Block 5.
E8. A paved pathway through Common Lot 2, Block 5.
E9. A paved pathway between Lots 3 and 4, Block 6.
E10. A paved pathway between Lots 22 and 23, Block 6.
El 1. A paved pathway and pedestrian bridge over common Lot 9, Block 6.
F. Two east/west meandering sidewalks and pathways on both sides of Island Woods Drive in
the subdivision allowing pedestrians to walk from the eastern side of the subdivision to the
western side of the subdivision.
G. A small sitting area on the South Channel of the Boise River in Lot 5, Block 1 for the
observation of the river and other scenic attractions.
H. A 15 -foot Sportsman's access easement as shown on the plat for the use by sportsman for
ingress and egress to the Boise River.
I. A landscaped entrance area to Lot 18, Block 1, and a Gazebo of at least 100 square feet of
floor area to be accessible to residents for meeting, fishing or related activities. No barbeque
facilities will be provided and the site will close at dusk.
J. A small seating and contemplation area next to the pond adjacent to Lot 33, Block 1.
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K. Acres of ponds for the attraction of wild birds, ducks and geese and for the fishing pleasures
of the residents of the subdivision.
L. A Clubhouse with recreational and meeting areas adjacent to Lot 1, Block 7 (at the east end
and the north side of this subdivision's Island Woods Drive). This Common Area will have
the following:
L1. A swimming pool of approximately 600 square feet in area, maximum depth 5.5 feet,
(No Diving Board).
L2. Sunbathing deck area.
L3. An approximately 24 by 24 foot building room serving many purposes; Board meetings
and other related meetings of persons in the subdivision; classes for residents; crafts for
children; organized games for residents and other activities.
L4. Changing rooms and restroom facilities for the Pool.
L5. An approximately 30 -foot by 30 -foot fenced area for children to play in while being
supervised by their parents.
L6. Parking spaces for a minimum of 10 cars or as required by Eagle City Code, whichever
is greater.
L7. A small outside seating area for enjoying views and similar activities.
M. A gazebo on the main pond located in Lot 1, Block 2. This gazebo shall have at least 100
square -feet of floor area and will provide the residents opportunities to gather, rest, fish and
other similar activities. No barbeque facilities will be provided and the site will close at dusk.
N. Water fountains/features will be located adjacent to Island Woods Drive at the common
boundary of this subdivision and Island Woods subdivision.
0. Pressurized Urban Irrigation System (PUIS) to be owned and operated by the Homeowner's
Association.
P. Small seating area adjacent to the pond in Common Area Lot 1, Block 2, and Lot 2, Block 5,
shall be provided.
Q. Flowers and landscaping will be located adjacent to Island Woods Drive at the common
boundary of this subdivision and Island Woods subdivision.
19. Minimum lot sizes, lot widths and setbacks shall be as stated within the "Site Data" section "G" of
this report with the following revision: Additional setback criteria shall be as follows:
p Note: The preliminary plat. date stamped by the City on September S. 2001. is incorporated into
these findings by reference. This plat has color coded lots for the purpose of matchin.e the
required setbacks to specific lots.
A. Floodway:
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For any Lot touching a Floodway Line as established by FEMA at the time a building permit is
applied for, the setback shall be 50 feet from that Floodway line.
B. Southside (colored blue on preliminary plat, date stamped by the City on September 5, 2001):
15 -Foot Side Setback/20 Foot for second story
25 -Foot Front Setback
25 -Foot Rear Setback (or 50 Feet from Floodway, if applicable)
Block 1: Lots 6, 7, 8, 9, 10, 29, 30, 31, 38, 39, 40, 42 and 43
C. North side (colored pink on preliminary pat, date stamped by the City on September 5, 2001):
10 -Foot Side Setback One Story/15 Foot for second story
25 -Foot Front Setback
25 -Foot Rear Setback (or 50 Feet from Floodway if applicable)
Block 3: Lots 18, 19, 20, 21, 23, 26, and 27
D. Interior Lots (colored yellow on preliminary plat, date stamped by the City on September 5, 2001):
10 -Foot Side Setback One Story/15 Foot for second story
25 -Foot Front Setback
25 -Foot Rear Setback
Block 1: Lots 17, 19, 28, 33, 36, 45, and 47
Block 2: Lots 4, 5, 6,
Block 3: Lots 10, 11
Block 4: Lots 4, 23
Block 6: Lots 16, 17
E. Lots with special 25 foot Front Setback for Garage (colored orange on preliminary plat, date
stamped by the City on September 5, 2001):
10 -Foot interior side setback for single -story homes
15 -Foot interior side setback for two-story homes
Block 1: Lots 3, 21, and 24
Block 2: Lots 4,7,10,13
Block 3: Lots 3, 8, 15, and 28
Block 4: Lots 7, 9, 10, and 22
Block 6: Lots 5, 7, 19, and 25
Block 7: Lots 4, 6, and 8
F. Special Setbacks for the 6 Lots adjacent to Island Woods Drive: (colored purple on preliminary
plat, date stamped by the City on September 5, 2001).
(These Lots are Lot 2, Block 1; Lot 2, Block 2; Lot 2, Block 3;
Lot 2 Block 4; Lot 24, Block 4; Lot 48, Block 1)
10 -Foot Side Setbacks adjacent to Island Woods Drive, for single -story homes
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15 -Foot setback adjacent to Island Woods Drive, for two-story homes
7.5 -Foot Side Setback for single -story homes/12.5 Foot for second story for side opposite Island
Woods Drive
25 -foot front setback
25 -foot rear setback
G. All other Lot Setbacks
25 -Foot Front Setback
25 -Foot Rear Setback
10 -Foot Side Setback for single -story homes/15 Foot for two-story homes.
20. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer
areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior
to approval of fmal development plan.
21. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 35 -foot wide buffer area where required by
Eagle City Code Section 8-2A-7 (J) (4) along either side of East Island Woods Drive traveling through
this site or submit a request for an alternate method of compliance as provided for within Eagle City
Code Section 8-2A-7 (0) for review and approval by the Design Review Board prior to City approval
of a final plat.
22. The entire RiversEnd development shall remain under the control of one Homeowners Association.
23. The CC&R's for RiversEnd shall provide that the association shall have the duty to maintain and
operate all of the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees. The association shall
utilize competent outside contractors.
24. RiversEnd will not provide any common on-site storage facilities for boats, campers, RV's or the like.
The CC&R's shall provide that the storage of any vehicles, whether they be automobiles, pick-up
trucks, SUV's or a small boat shall only be stored in a city approved (and Architectural Control
Committee (ACC) approved) garage. There shall be no open outdoor storage of any boats, sail boats,
RV's or the like in the subdivision.
25. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall
enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and
prohibited on Sunday. The applicant shall install at the entrance to the RiversEnd 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. One sign shall be placed at each of the entrances to the subdivision.
26. No excavated materials shall be removed from the site.
27. The applicant shall submit a phasing plan prior to the submittal of a final plat and final development
application.
28. Building envelopes shall be depicted on the fmal plat for all lots located within 50 -feet of the
floodway line as shown on the accepted FEMA maps current at the time of submittal for final plat.
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The building envelopes shall be shown on the final plat to reflect the minimum 50 -foot setback from
the floodway line.
29. A temporary easement for river maintenance and pathway construction shall be provided prior to the
City Engineer approving the final plat for phase one. The easement shall be 20 -feet wide and shall
generally be along the gravel roadway currently providing access to the home located on the property
generally as shown on the plat where Lot 8, Block 3, is located. The access shall extend to the North
Channel area and gated to prohibit trespass.
30. The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of
any final development plan and final plat for this site.
31. All ponds and waterways shall be planted with natural grasses and plants, similar to the design in the
Island Woods Subdivision. Concrete edging around the ponds and waterways is prohibited.
The land between the South Channel and adiacent to Lots 38. 39. 40. and 42, Block 1. (shown as Lot
41. Block 1 on the nreliminary plat date stamped by the City on March 22, 2001) shall not be included
as part of the adiacent lots but shall remain in its natural state.
Lot 41. Block 1. is an aooroximately 6 -acre parcel located within the floodwav accessible only from
the Lots 38. 39. 40. and 42. Block 1. Lot 41. Block 1. is a non -build lot and no buildings or other
structures shall be built up on the lot. The storage of any trash. eouipment. or vehicles on the lot is
prohibited.
Lot 41. Block 1. shall be owned and maintained by the Board of Directors of the four abutting lot
owners of Lots 38. 39. 40. and 42, Block 1. acting as a subset of the RiversEnd homeowner's
association with conditions to be defined in a subsection of the master RiversEnd CC&R's. Only the
four adiacent contiguous lot owners shall pay all the costs of maintaining and or managing Lot 41.
Block 1. This association shall not be dissolved with out the written approval of the City of Eagle.
33. The operation of wood fuel burning stoves is prohibited during inversion conditions, as determined
and declared by the Idaho State Department of Environmental Quality.
SPECIAL RECOMMENDATION TO ITD AND THE ACHD:
The City recommends that the Idaho Transportation Department and the Ada County Highway District
require the developers of Quarter Circle Ranch PUD (final platted as Two Rivers Subdivision), Island
Woods PUD and RiversEnd PUD to each provide a proportionate share of the cost to construct a
traffic signal and other improvements at the intersection of Eagle Road and Island Woods Drive.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
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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 fmal plat (LC. 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 fmal 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 fmal plat (B.C.C. 9-20-8.4)
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
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 fmal 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 fmal 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 fmal
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 fmal plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be
obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or
changing has 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
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persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A.copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the 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 fmal plat by the Eagle City Engineer.
13. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal 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 for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies
having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to
issuance of any building permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
15. 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 fmal plat.
A restrictive covenant must be recorded and a note on the face of the fmal plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed by the Eagle City Attorney prior to the
City Engineer signing the final plat.
16. 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 by the Eagle City
Attorney prior to the City Engineer signing the fmal plat.
17. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City 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 fmal plat by the City Council.
19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the fmal plat prior to approval of the
fmal plat by the City Council.
20. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
21. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the fmal plat.
22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23. 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.
24. 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.
25. Basements in homes in the flood plain are prohibited.
26. 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.
27. No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confirmation of any change from the City of Eagle.
28. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the fmal plat has received the approval of the
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City Council (ECC 9-6-5 (A) (2)).
After Council approval of the fmal plat, the applicant may construct any approved improvements
before the City Engineer signs the fmal plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the fmal plat. The fmancial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
29. In accordance with Eagle City Code, failure to obtain a recorded fmal plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
30. Prior to submitting the fmal plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 22, 2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 28, 2001. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 25, 2001. Requests for agencies' reviews were
transmitted on March 23, 2001 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 9, 2001.
Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 5, 2001.
3. In accordance with Eagle City Code fmdings for an annexation and rezone, conditional use permit,
planned unit development preliminary development plan and preliminary plat, the Eagle City Council
makes the following conclusions for A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-2-01 for RiversEnd
planned residential development as proposed with the conditions recommended herein:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The subdivision is to carefully transition from open pasture to a planned residential community
with areas of landscaped open space, a nature reserve and water features patterned after Island
Woods and sensitive to Eagle Island. There will be a range of housing opportunities from 9,600 -
square foot lots to 3 -acre custom home sites. Connection to the North Channel of the Boise River
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greenbelt will be provided and residents will be able to conveniently walk or bicycle to the City's
downtown and other Eagle retail businesses from the development.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area because;
The RiversEnd development has been designed to retain the natural waterways as well as
incorporate the calming effects and beauty that watercourses provide. Existing views, water
features, and existing specimen trees will be preserved and enhanced. Access to the site will be
from Eagle Road on Island Woods Drive, constructed in part to function as a collector roadway.
A Homeowners Association will be formed to enforce the development conditions of the
subdivision in a manner similar to Island Woods. All property owners will be required to join the
Homeowners Association which will also be responsible for maintenance of the common areas and
the community facilities from homeowner fees and assessments.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access off of Eagle Road on Island Woods Drive, which was
constructed as a collector and planned to continue easterly to serve future development on Eagle
Island. The development will provide a landscaped buffer area between this development and the
Island Woods subdivision to the west although the two subdivisions will be so similar in
appearance to each other in many aspects (including lot size, architecture and landscape
amenities), that citizens may not know there are two different developments in this location.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors because;
No major impacts are expected as this development should only develop normal traffic that would
be related to a 140 -lot subdivision development. This development will also contribute funds to
facilitate the installation of a traffic signal at the intersection of Eagle Road and Island Woods
Drive, thereby improving traffic service at this intersection.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools because;
All central services are available to be extended into the site. Development of sewer, water,
drainage, streets and other urban services will be provided at the developer's expense. The
addition of more residences to the area should help facilitate the construction of new buildings
within the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or road district. Because the developer
Page 31 of 34
K Planning DcpdEaSk ApplicadoaASUBS120011Riversad PUD ccGdoc
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses..
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non -PUD proposal because;
The development plan was designed with consideration to not only preserve the surrounding
natural environment of the river area but to also incorporate these features within the development.
Watercourses located within common areas are situated as near to individual home sites as
possible, with pathways to connect to all points within the subdivision. A nature reserve with a
pathway system located in the development will provide the residents an area to enjoy the natural
environment as well as give access to the City's greenbelt system.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Eagle Road by way of Island Woods Drive. A portion of
Island Woods Drive was constructed to function as a collector and planned to extend to serve
future development to the east. Access onto and exiting from Eagle Road should be aided in the
future by the installation of a traffic signal, provided that warrants are present to construct the
signal.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The project area is limited due to the natural boundaries of the North and South Channels of the
Boise River. Because of this, the site will only develop open pastureland while preserving and
incorporating the natural features that the Boise River provides.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan because;
The proposed development is an ideal fit with the Comprehensive Plan. Current zoning
classification encourages this type of development. The Comprehensive Plan under land use
states, "Development within this land classification should be required to proceed through the
PUD and/or Development Agreement process. Residential densities of up to two dwelling units
per gross acre may be considered by the City for this area. "
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8 because;
This application is requesting the following approvals:
1. Rezone from Agricultural to Residential R -2-P;
2. Preliminary Plat Application/Conditional Use Permit for PUDs; and
3. Flood Plain Development Permit
The proposed RiversEnd Subdivision has been planned to be in conformity with the PUD
intent and development guidelines as stated below:
Page 32 of 34
KAPtanniag DcpelEa81c Application SUBS12OOI RivesEod PUD ccf.doc
PUD
"It shall be the policy to guide a major development of land and construction by encouraging planned
unit development (PUD) to achieve the following:
8-6-1 Purpose
A. A maximum choice of living environments by allowing a variety of housing and building
types and permitting an increased density per acre and a reduction in lot dimensions,
yards, building setbacks and area requirements.
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial... uses and services.
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns."
D. A more efficient use of land than is generally achieved though conventional development
resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan."
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The RiversEnd PUD proposal envisions a variety of lot sizes within the R-2 Zone District.
The variety of housing types in the subdivision is a significant element to creating and supporting
an innovative open space and community facilities plan.
D. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located on Eagle Island and bound by the Boise River to the north
and south, the design will limit the number of units and configuration of lots allowed in the 100
year floodplain; and because the applicant is planning to provide a unique housing opportunity
within the larger lots located on the southern edge of the development by offering an intimate
setting accomplished in part by providing narrow (less than public standards), non -continuous
streets;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non -continuous and terminate in cul-de-sacs, thereby limiting
the number of vehicles using the roadways; and because the only 9 lots are being served by these
roads, the number of vehicles and pedestrians using the roadways is further limited;
3. The private street provides adequate access for service and emergency vehicles:
Page 33 of 34
K1Planning Depaz8k APRficatiotis SUBS120O11RivmEnd PUD ccf.doc
The Eagle Fire District will be required to approve the design of the roadways, and since the cul-
de-sacs have been designed with large enough turnarounds to accommodate the turning radius of
emergency vehicles;
4. The private street within the subdivision does not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not connect
one public street to another and since it does not take away existing public street accesses to
surrounding properties;
The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
5. The private street within the subdivision does not connect one public street to another;
6. The use or alignment of the private street within the subdivision does not interfere with the
continuity of public streets as noted above; and
7. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
DATED this 23rd day of October 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Rick Yzaguirre, Mayor
ATTEST:
Sharon K. Moore, Eagle City Clerk
Page 34 of 34
KAPlsaaiag DeptlEa81c ApplicatiooslSUBS12OO11RivcrsEod PUD ccf doc
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: ZOA-4-01 — Zoning Ordinance Amendment — City of Eagle
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
_X ili-it Ic--v,-\--t.fc--n 5), r.) a..".1„ cr cirle--irt z Xn
Page 1 of _-
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: PP -10-01— Henry's Subdivision - Northwest Development LLC
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: PP -/FP -10-01 — Mixed Use Subdivision No.2 — Eagle River LLC
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: A-05-01 & RZ-08-01 — Annexation and Rezone from RUT to R -E —
Northwest Development LLC
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subiect: RZ-14-00 MOD Development Agreement Modification — IFI Partners II:
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME
ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
EAGLE CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Subject: PP -9-01 — Great Skv Subdivision No. 7 — IFI Partners II
October 23, 2001
7:30 P.M.
PLEASE PRINT LEGIBLY
NAME ADDRESS TELEPHONE PRO? CON?
Page 1 of
Document2
(
Hydrographs of Selected Observation Wells
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Prepared by IDWR Hydrology Section 01/2001
ArPLICATION FOR:
Preliminary Plat
>Rezone
>Annexation
HENRY'S SUBDIVISION
• 38.64 Acres
• 19 buildable lots
• Minimum lot size 1.8 acres
• Meets Zoning Ordinance
• Meets Comprehensive Plan
• Individual septic systems
• Pressure Irrigation
• Public Roads
311bJ'
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rad - _affiE AB
HENRY'S SUBDIVISION
• 38.64 Acres
• 19 buildable lots
• Minimum lot size 1.8 acres
• Meets Zoning Ordinance
• Meets Comprehensive Plan
• Individual septic systems
• Pressure Irrigation
• Public Roads