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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 Page 20 of 34 K:Wlannmg DeptlEagk Applications\SUBSV001ULversEad PUD cctdoc 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 Page 21 of 34 K.1PIan Dept\Eagk ApplicationsSUBS120011RiversEnd PUD ecf doc 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. Page 22 of 34 K:1Plaaaiag Dcpt1Eagle Applicationa\SUBS120011RivessEad PUD ccf doc 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: Page 23 of 34 K:1Plammg Dept\Eagle Applications\SUBS\200t1RiversEnd PUD cadoc 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 Page 24 of 34 ICAPlanni DeDeptlEogle AppiicationASUBS120011RivasEad PUD cddoc 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. Page 25 of 34 K1Plann bg DcptlEagic Applications\SUB5120011RiversEnd PUD ccf doc 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 Page 26 of 34 K:Wlanning Dept\Eagle ApphcanousSSUBS1200nRivcrsE n I l'UD cc(doc 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 Page 27 of 34 K1Pimmins Dept%Ea8le Applicatioos1SUBS120011RivcrsEod PUD cd doc 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 Page 28 of 34 K:1Planning Dept%Eagle AppticationslSUBS120011RivesEad PUD ocf doc 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 Page 29 of 34 KAPlanning Dept 6le AppGcatio is SUBS120011RiversEad PUD cd doc 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 Page 30 of 34 K1Plannin8 DepI Eanic Applications\SUBS120011RivenEnd PUD cad= 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 WELL04N01E-03DAD1 100 105 110 115 120 WELL 04N01E-11BBB1 411111lllllllllllllllllllllllllllllllll- 4 ;IIIIIIII111IIII111111411111111111 65 70 75 80 85 90 95 00 WELL 04N01E-10ACB2 50 411111111111111I111111I111111IuIllIIuI 55 ___ 60 — 77 65 . \ i 70 75 tllllllllllllllllllllllllllllllllll 65 70 75 80 85 90 85 00 45 WELL04N01E440CC1 4I111111II111I1II111II1I11111II11IIlII 50 55 - so 65 70 1Illllll11111111111111111111111111 65 70 75 80 85 90 85 00 WELL 04NO1E•34ACBC1 -11111111111111111111111111111111111111 50 55 60 65 70 75 -lllllllllllllll11111 tI uI11111111111 65 70 75 80 \ 85 90 95 41111111111111111111111111111111111111 00 T.05 N 1E-0 04N01 4 Eagle -03DAD1 -118881 -10A 02 10 = 04N01E 3 ACBC1 04N01E-35CCA1 15 E- 20 20 25 30 Unfiltered. unsorted data IDWR hh 10/232001 R01 E R01 Map Scale (in miles) 0 1 2 3 T 04 N 15 20 25 30 35 40 C 3--01 WELL 05N01E•34DBB1 +IIII11111111111111111111111111111111141 z. .1111111llIIlIlIlII tee lIIlll111llllllll C. 65 70 75 80 85 90 95 00 WELL 05N01E•35ACA1 4111111111111111111111111111111111111 30 = 25 20 15 10 iIIIIIIIIIIlIIIlII 65 70 75 80 15 20 25 30 35 40 5 10 15 20 25 WELL05NO1 E•36AAB1 N , 85 90 95 00 -.7 11111111111 1111111 65 70 75 80 85 90 95 00 WELL 04N01 E-35CCA1 41111IlII11111111111111111111111111111 30 "II111IIILItie IIIIlIII1llll1II 65 70 75 80 85 90 95 00 65 70 75 80 85 90 95 1 00 60 65 70 75 80 85 90 50 45 40 35 30 25 20 WELL 05N01W-36ABB1 TD: 208 OP: 204-208 L. L. WELL 04N01W-13DDB1 1 1 l 20 = TD: 130 15 _ OP: NA 10 5 Also see Long -Term Hydrograph l l l 5 96 97 98 99 00 WELL 04N01W-17BBDC1 5 11 TD: 424 OP: 381-424 96 Recently Flowed 97 98 WELL 04N01W-32BBBC1 5 ' TD: 65 0 _ OP: 60-65 5 10 15 20 25 99 1 ,iiitir..,i,,, 96 r 5 5 5 97 98 99 (LEGEND TD: Total Depth (feet) NA: Not Available OP: Open Interval -----: More than 1 year between data points Left Axis: Depth Below Land Surface (feet) X Axis: Year *Seasonal low generally associated with pump lifts WELL LOCATION LEGEND Layer 1 E Unknown Construction or • Layer 2 open to multiple aquifer Layer3 zones 5 L. 10 - Also see Long -Term Hydrograph 96 97 98 99 00 WELL 04N01E-34ACBC1 0 i l l 5 _ TD: 481 OP: 476-481 10 15 L. 20 25 30 L.�lE 35 5 5 96 97 98 99 00 WELL 04N01E-35CCA1 Area 3, Page 1 of 3 l 10 15 20 25 30 35 L . TD: 109 OP: 90-108 Also see Long -Term Hydrograph 96 97 98 99 00 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' lAiiiMMEiffiliii11.11111111111111111161111 A 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