Findings - CC - 2016 - A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/P-01-16 - A/Rz From Rut To R4-Da/Hcr/Level 3 Subd Phase 3/10-Lot/5335 W. State Street11,331
1' !
IN THE MATTER OAN F APPLICATION FI) .
REZONEAN ANNEXATION, DEVELOPMENT
CONDITIONAL
PRELIMINARYDEVELOPMENT
F
PRELIMINARY FOR HCR/LEVEL 3
w 1 1 PLANNED UNIT
FOIEVELOPMENT FOR HOME CAPITAL
NESOURCES,
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16
The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action on
June 28, 2016, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Home Capital Resources, LLC, represented by Jason Densmer, P.E., with The Land Group, Inc., is
requesting an annexation, rezone from RUT (Rural -Urban Transition •.,,, Ada County designation)
to R -4 -DA -P (Residential with a development agreement — PUD), conditional use permit,
preliminary development plan, and preliminary plat approvals for HCR/Level 3 Subdivision -
Phase 3, a 10 -lot (7 -buildable, 3 -common) residential planned unit development. The 3.94 -acre
site is generally located on the southwest corner of South River Creek Avenue and West State
Street (Hwy 44) at 5335 West State Street.
A Neighborhood Meeting was held at an office in The Land Group building located at 462 East
Shore Drive, Suite 100, at 6:00 PM, on Monday, November 16, 2015, in compliance with the
application submittal requirement of Eagle City Code. The applications for this item was received
by the City of Eagle on February 29, 2016.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on April 25, 20I6. 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, 2016. Requests for agencies'
reviews were transmitted on March 10, 2016, in accordance with the requirements of the Eagle
City Code. The site was posted in accordance with the Eagle City Code on May 4, 2016,
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
June 13, 2016. 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 June 13, 2016. The site was posted in accordance with the
Eagle City Code on June 10, 2016.
Page 1 of 28
4t l� 8.ra ani iDc�a4VLaggl� f6pp1v �4leasy�'d°¢eliman dry Y vcic anxrot P9�nxY 016I11CR l rvd 3 Sub i°h&w 3 ecfdcc
ty X3 --h-w WO P-171ITM117 I ne Previousty approvea 17 LIT Level 3 Plann
Unit Development. However, the subject parcel contains the storn? drainagefirrigation pond and
irrigation punip housefor the previously approved phases.)
On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition Ada County Designation) to R4 -DA -P (Residential - four units per acre with a
development agreement - planned unit development), R4 -DA -P (Residential - four units per acre
with a development agreement -i PUD), conditional use, preliminary development plan, and
preliminary plat, for HCR/Level 3 Planned Unit Development for this site. (A-04-12/ RZ-06-
12/CU-05-12/PPUD-03PP-04-12)
On July 25, 2013, the Design Review Board approved a design review application for the common
area landscaping for HCR/Level 3 Subdivision for Home Capital Resources (DR -30-13).
On September 24, 2013, the City Council approved a final development plan and final plat for
HCR/Level 3 Subdivision Phase I for Level 3 Development, LLC (FPUD-04-13/FP-
On February 11, 2014, the City Council approved a final plat modification for Level 3 Subdivision
No. I (aka River Walk Subdivision) for Level 3 Development LLC. RDOD).
*n July 11, 2014, the HCR/Level 3 Subdivision Phase I final plat was recorded at the Ada County
Recorder's office.
On July 14, 2015, the City Council approved a final development plan and final plat for
HCR/Level 3 Subdivision No. 2 for Home Capital Resources (FPUD-06-15/FP-07-1 5).
On January 19, 2016, the HCR/Level 3 Subdivision Phase 2 final plat was recorded at the Ada
County Recorder's Office.
FPDP-02-16 — A floodplain development pen -nit to allow for site development within the area of
special flood hazard.
F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE:
See justification letter dated February 29, 2016 (attached to the staff report), provided by the
applicant's representative.
G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT:
See justification letter dated February 29, 2016 (attached to the staff report), provided by the
applicant's representative.
Page 2 of 28
K 1Tllbnmng DCNEask Appkwbnn0r4mmry Davelopm=1 0°kMn9Q006\HCR ILa d.3 9,h Pham 4 c,rd,c
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMPPLAN ZONING
LAND USE
DESIGNATION DESIGNATION
Existing Mixed Use, RUT (Ada County
Vacant parcel with two (2)
Residential One, Designation)
ponds (one (1) ofich is
Floodway, and
an AC drainage facility
Scenic Corridor
for HCRILevel 3 Subdivision
Phase I and 2)
Proposed No Change R -4 -DA -P (Residential
Single-family, residential
maximum four units/acre
planned unit development
with a development
agreement and a planned
unit development)
North of site High Density MU -DA (Mixed Use with
Vacant parcel (Proposed
Residential a development
Eaglefield Village PUD)
agreement)
of of site Residential Estates RUT (Ada County
Boise River
and Floodway Designation)
East of site Mixed Use, -4- A- (Residential
Single family residential
Residential One, and maximum four units/acre
subdivision (FICR/Level 3
Scenic Corridor with a development
Subdivision Phase 2)
agreement and a planned
unit development)
West of site Mixed Use, RUT (Ada County
Single-family residence
Residential One, Designation)
Floodway, and
Scenic Corridor
I.DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
J. SITE ATA:
Total Acreage ofSite 3.94 -acres
Total Number of Lots 10
Residential 7
Commercial - 0
Industrial -- 0
Common- 3
Total Number of Units -
Single-family — 7
Duplex 0
Multi -family -- 0
Page 3 of 28
K TIAWDS DcpoREagle Applicalhens',leffeliminary Dnelopmenj P1102\201"CR Level 3 Suh Phase 3 ccfdoc
Additional Site Data
Proposed
a airs
Dwelling Units Per Gross Acre
1.78 -dwelling units per acre
1.78 -dwelling units per
acre as limited within the
development agreement
Minimum Lot Size
8,354 -square feet
8,000 -square feet
Minimum Lot Width
70 -feet
70 -feet
Minimum Street Frontage
70 -feet
35 -feet
Total Acreage of Common Area
1,67 -acres
.79 -acres
Open Space
Percent of Site as Common Area
2%
20%
Open Space
Except that, according to
C Section 9-3- (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs, or in
subdivisions with 50 or
more lots.
Green belt/Pathway Areas and Landscape Screening:
The preliminary plat, date stamped by the City on February 29, 2016, shows a 77 -foot wide
common lot located adjacent to West State Street (HWY 44 [as identified on the preliminary plat])
to provide for a landscaped buffer area as required pursuant to Eagle City Code Section 8-2A-
7(J)(4)(c). The preliminary plat also shows a 10 -foot wide existing greenbelt located in proximity
to the Boise River and a proposed 10 -foot wide regional pathway located adjacent to West State
Street (Hwy 44).
Open R,
The proposed development includes 1.67 -acres (42%) of common area. The common areas consist
of three (3) common lots. Lot 5, Block 1, contains the required buffer area located adjacent to
West State Street '. Lot 1 Block provides a small buffer area located adjacent ! South
River Creek Way. Lot 28, Block 5, delineates a large existing pond which is covered by an ACHD
storm drain easement over the existing pond. This portion of the open space area may be unusable
by the residents of subdivision \ \wing significant storm
StreetStorm Drainage and Flood Control:
drainageplanshave
been submitted
'!
Ordinance. Specific drainage system plans are to be submitted to the City
approval 1 \ " Engineer plat.1 f: Engineer\ \
w swales, ordrain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses
to be reviewed and approved by the City
Engineer
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.
Page 4 of 28
Pffi l8annan� I3eg tJl able Polrplrca¢iaroz reiaminaa¢} d�r�fu�tro snt Paansl2P I&,fiCK Lewcl 3 Suis filmse 3 ccfd( c
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility casements to be not less than 12 feet wide.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The water mains
will be dedicated to the City of Eagle.
On-site Septic System (yes or no) — Yes
There is a single -wide mobile home located on the property. The applicant will be required to
provide documentation from Central District Health Department approving the abandonment of
the septic system.
Pressurized Irrigation:
The development will have a pressurized irrigation system with water supplied by the Middleton
Mill Ditch Company. The applicant submitted a pressurized irrigation report that meets the
requirements of the City of Eagle Pressure Irrigation Standards (EPI).
Preservation of Existing Natural Features:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the
subdivision.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
STREET DESIGN:
Private or Public Streets:
The typical ACHD street section shown on the preliminary plat, date stamped by the City on
February 29,2016, shows a 50 -foot wide
including rolled curbing throughout the subdivision. The right-of-way is also inclusive of seven
feet (7') of the required eight foot (8') wide planter strips located on each side of the proposed
street. The street section also shows a 15 -foot wide public utty, drainage, and irrigation easement
inclusive of a seven -foot (7') wide sidewalk easement located on each side of the street
located outside of the right-of-way.
Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500% None
Cul-de-sac Design: None proposed.
Sidewalks:
The preliminary plat, date stamped by the City on February 29, 2016, shows a detached five-foot
(5') wide concrete sidewalk abutting the planter strips located on both sides of the interior
roadway. The proposed sidewalks are located outside of the right-of-way.
Curbs and Gutters:
Rolled curbs and gutters which meet,.A&.
interior streets.
Page 5 of 28
rhpMagk AppNi=uoa%,PrLAjmir4ary IDevelogaasacma PI&W.W161ACK Level 3 Sub I'Mse3 eddac
Lighting for the proposed public streets is required. Location and li'+
hting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City oiAdministrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
M. ON AND orr-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways/Pathways:
The preliminary plat, date stamped by the City on February 29, 2016, shows a I 0 -foot wide
existing greenbelt pathway traversing the southern portion of the site located adjacent to the Boise
River. The preliminary plat also shows a I 0 -foot wide regional pathway located adjacent to West
State Street (Hwy 44).
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisio
as part of the public right-of-way or separate casement, as may be specified by the City Council.
N. PUBLIC USES PROPOSED: None proposed,
0. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
P. SPECIAL ON-SITE FEATURES: I
Areas of Critical Environmental Concern yes - located adjacent to the Boise River and will be
left undisturbed.
Evidence of Erosion — no
Fish Habitat — yes — Boise River
Floodplain — yes — Boise River
Mature Trees — yes — located in proximity to the northeast corner of the site and adjacent to the
Boise River
Riparian Vegetation — yes — located adjacent to the Boise River
Steep Slopes —no
Stream/Creek — yes — Boise River
Unique Animal Life — unknown
Unique Plant Life —yes — riparian area located adjacent to the Boise River and existing ponds
Unstable Soils —unknown
Wildlife Habitat — yes — located adjacent to the Boise River
Q. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated March 16, 2016, are of special
concern (attached to the staff report).
Ada County Highway District
3 rAMW.6R-W,- if,", M
Eagle Fire Department
Page 6 of 28
KAPIanniag DcpITASle ApplicationsTmJirnirwry DCVdDPMffl1 P14n%Z01G41CR Levd 3 Sub Phase 3 eddoe
a
n
Idaho Department of Environmental Quality
Idaho Transportation Department
Tesoro Logistics NW Pipeline
LETTERS FROM THE PUBLIC:
None received to date.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to develop the subdivision in a single phase.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
k. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors,
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
It. That the proposed development will be harmonious with and in accordance with the general
objectives or with any speciric objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Page 7 of 28
Ig Nvmng DpOfmok Vlan%�201MCRL ... J.� SA Phil, 3 mrdn
An Overlay designation that is intended to provide significant setbacks from major corridors and
natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls.
This designation includes the Willow Creek Scenic Corridor that is to provide increase setbacks and
buffering of development including natural vegetation and restoration, regional trail and connectivity.
Page 8 of 28
K Tbnnino Dapffqdr. Applicationt?r4mury DnVbPmCM PlanvN641CK Lmcl 3 SA Maw 3 mfdac
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
* Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements:
Minimum
Lot Area
Maximum Lot (Acres Or Minimum
Zoning Maximum Interior Street Covered And Square Feet} Lot
District Height Front Rear Side Side J* H* it I*
R-4 35' 20' 25' 7.59 20' 40% 8,000 70'
G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
is 0 ,
3. The following shall be submitted separately:
i. Streets, street names, rights of way and roadway widths, including adjoining streets or
roadways;
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Snobstructed drainageway easements shall be provided in conjunction with the utili
easement along side lot lines or as required by the city council. Total easement width,
11
including the utility easement� shall not be less than twelve feet (12'), except that less
easement widths, to coincide with respective setbacks, may be considered as part of
planned unit development.
• Eagle City Code Section 9-3-9: Water System:
The provision of a public water system shall conform to the following standards:
A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of
this code.
Any fencing located adjacent to common area open spaces and on the street side of all comer lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as othemvise
regired in subsection 8 -2A -7J of this code. Chainlink
I 1411alvA toll ling I
0 Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations
3'. Pathway Design: While the city may exercise considerable discretion in determining the design
of pathways, the following minimum standards shall be followed:
Page 9 of 28
K Timing DeptTingle ApplicalinnsTreliminary Developwat MAtW.1Gt6\HCR lxvcl 3 Suh P1ikbt '3 f�fd4x�
The paved portion of the pathway may range from six feet (6) to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8) wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10) wide and shall be located
within a twenty foot (20') wide pedestrian access easement.
0 Eagle City Code Section 9-4-1-8: Underground Utilities:
D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
1-11fVTJUMTftg-M-a11y given year. Nesignation on maps always includes the letters A
or V. Areas of special flood hazard shall include all areas previously identifted within the areas of
special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision
(LOMR-F).
FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface
elevation more than one foot (1).
MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water
mark and is the line which the water impresses on the soil by covering it for sufficient periods of
time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted
agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred
(6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle
will reference specific data establishing the water level. The mean high water mark is established
by the U.S. army corps of engineers.
NO ADVERSE IMPACT: Floodplain management where the action of one property owner does
not adversely impact public property or other private property, as measured by increased flood
peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain
management is a policy which provides a means to promote the use of retention/detention or other
techniques to mitigate increased runoff from urban areas.
RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width
measured landward from the mean high water mark.
0 Eagle City Code, Section 10-1-8-2: General Building Requiremeng
fl. Postconstruction Elevation Certificate: Prior to issuance of a certiflcate of occupancy, :;
postconstruction elevation certificate (FEMA form 81-31) referencing land and strUcture.x
included or removed from the area of special flood hazard is required. All lots and structures
removed from the area of special flood hazard by letter of map change require certification by
a registered professional engineer demonstrating that the lot or structure is "reasonably safe
from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate mus!
verify the elevation of the lowest floor or lowest adjacent grade to be one foot (F) above base
flood elevation.
Page 10 of?
KTIanning Dep0mg0c Applimionsd4mliminary De elGpment PlanO 701M11CR Lel 3 Sub Phow 3 erfdoc
• Eagle City Code, Section 10-1-8-5: Subdivisions:
A. All subdivision proposals shall be consistent with the need to minimize flood damage;
B. All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize flood damage;
C. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood
damage; and
D. Base flood elevation data shall be provided for subdivision proposals and other proposed
development located within any area of special flood hazard. (Ord. 332, 2-23-I999; and. Ord.
700A, 3-11-2014)
E. All subdivision plats shall identify and designate the 100 -year floodplain boundary and the
floodway boundary including a certification by a registered surveyor that the boundaries were
established consistent with the FIRM map for the city of Eagle. All subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and
will occur and that floods of greater magnitude may inundate areas outside identified floodway
and floodplain boundary lines.
F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (25')
setback from all waterways, called the riparian zone, in which no improvement is permitted
and require that riparian vegetation shall be maintained in its natural state for the protection
and stabilization of the riverbank and that removal of trees or other vegetation is regulated.
Eagle City Code, Section 10-1-8-6: Specific Standards:
In all cases of special flood hazard where base flood elevation data has been provided as set forth
in section 10-1-6 of this chapter, the provisions of this chapter shall be required:
D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this
chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area
due to the velocity of floodwaters which carry debris, potential projectile and erosion potential,
the following provisions apply: (Ord. 332, 2-23-1999, and Ord. 700A, 3-11-2014)
1. Encroachments, including fill, new construction, substantial improvements and other
development, are prohibited unless an approved floodplain development permit is issued
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood Ievels during the occurrence of the base flood discharge; and uses within the
floodway shall be restricted to those which are required by public necessity (for example,
bridges; water pumps), recreational use (for example, paths), wildlife habitat
improvements (for example, vegetation; nesting structures; pool/riffle improvements), and
gravel extraction; provided that the use/encroachment meets the approval of the federal
emergency management agency and national flood insurance program and does not
jeopardize the city's participation in the national flood insurance program.
3. Subsection D1 of this section shall comply with all applicable flood hazard reduction
provisions of this section 10-1-8.
5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway
line. Except that when the area of special flood hazard boundary is one hundred feet (100')
or Iess from the floodway line, the boundary line shall be the setback line.
Page I I of 28
6. No development is permitted within the twenty five foot (25') setback from all waterways
called the riparian zone and riparian vegetation shall be maintained in its natural state for
the protection and stabilization of the riverbank, and removal of trees or other vegetation is
regulated in accordance with this chapter.
7. For all subdivisions along the Boise River, prior written approval from Flood Control
District 10 is required to protect access to the river for maintenance.
8. Compensating excavation in accordance with an engineered plan for orderly conveyance
of floodwater, or equivalent mitigating measures may be performed in the floodway when
certified by a registered professional engineer. Mation design shall include provisions
to prevent relocation or diversion of flow paths from causing increased jeopardy to any off
site property at any level of flooding from the 1 -year flood up to the base flood.
Maintenance provisions for excavated areas prone to fill from sediment and other debris
shall follow the requirements of subsection 9-3-2-5C of this code for private streets.
9. In the design of public and private parks and open space areas, fixed structures or
equipment that would impede floodwaters shall not be permitted within the floodway.
E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of
this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood
management and fish and wildlife habitat, the following provisions apply:
1. Preservation or restoration of the inherent natural characteristics of the river and creeks
within the floodplain;
2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and
within the required minimum twenty five foot (25') setback or riparian zone;
3. No development or other than development by the city of Eagle or required for emergency
access shall occur within the twenty five foot (251) riparian zone with the exception of
approved stream stabilization work. The Eagle city council may approve access to
property where no other primary access is available. Private pathways and staircases shall
not lead into or through the riparian zone unless deemed necessary by the Eagle city
council.
4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a
result of the work done;
5. New or replacement planting and vegetation shall include plantings that are low growi
and have dense root systems for the purpose of stabilizing stream banks and repaid
I
damage previously done to riparian vegetation. Examples of such plantings include: r
osier dogwood, common chokeeherty, serviceberry, elderberry, river birch, skunk bu
sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle.
E. DISCUSSION:
The applicant has submitted an annexation, rezone, conditional use permit, preliminary
development plan, and preliminary plat applications for a planned unit development. The applicant
is requesting a reduction of the rear and side setback requirements. The applicant submitted a
narrative, date stamped by the City on February 29, 2016, in which they requested reduced rear
and side yard setbacks from what is required pursuant to Eagle City Code Section 8-24 for the R-
4 (Residential) zoning district. The applicant is requesting the rear yard setback be reduced from
25 -feet to 20 -feet in width and the side yard setback be reduced ftom 7.5 -feet (single story)/]
feet (second story) to 5 -feet (single story)/10-feet (second story). The applicant did not request a
reduced firont yard setback or a reduced street side setback. T�e ann1icaTt
Page 12 of 28
K Tlanning NPITA& ApplicathinsTralimVlopmol Haft ".2U[6 Level 3 Sub PhIPA 3 mfdoc
Front 20 feet
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
. I�. i . — _iVL-J=CrM6=MY 7,11-reet,
the preliminary plat, date stamped by the City on February 29, 2015, shows a Typical ACHD
Street Section with a 7-fo1t wide ACHD sidewalk easement located adjacent to the street right-of-
way. The front property line is located at the road right-of-way line. Based on the location of the
front property line in relation to the ACHD sidewalk easement, structures (including garages) can
be constructed within 13 -feet of the back of the sidewalk. If a front load garage was constructed
20 -feet from the front property line, large vehicles parked in the driveway outside of the garage
will overhang the sidewalk area. The front yard setback for front load garages located within the
subdivision should be a minimum of 25 -feet (measured from the property line) to prevent large
vehicles from blocking the sidewalk.
Also, the proposed lots are in conformance with the minimum lot size and minimum lot width for
the R-4 (Residential) zoning district. Therefore, the applicant should be required to comply with
the setbacks required pursuant to Eagle City Code Section 8-2-4 with an additional 5 -feet front
setback for front load garages. Staff recommends the following setbacks:
Front 20 feet/25 feet Garage (front -load)
Rear 25 feet
Interior Side 7.5fect
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
The preliminary plat, date stamped by the City on February 29, 2016, delineates several gravity
irrigation (GIRR) lines located within the development. Several of the proposed GIRR lines are
shown to be located approximately 5 -feet from the side lot lines. The preliminary plat, date
stamped by the City on February 29, 2016, identifies a hash mark- within the legend for delineating
easements and setbacks. however. t!rere are -Ts mh-t -utteq.: re Prpri-l-ra
A
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the utility easements drainageway easements are to be provided adjacent to the side lot lines. The
easement width is to be not less than 12 -feet, except that lesser easement widths, to coincide with
reduced setbacks, may be considered as part of a planned unit development. The typical ACHD
street section shown on the preliminary plat shows a 15 -foot wide public utility, drainage, and
irrigation easement located adjacent to the public streets. The applicant should provide a revised
preliminary plat with a new plat note that states, "All lots are hereby designated as having a
permanent easement for public utilities, drainage, and irrigation over the 15-fect located adjacent
to any public street. This easement shall not preclude the construction of hard -surfaced driveways
and walkways to each lot." The revised preliminary plat should also contain a new plat note that
states, "Unless otherwise shown and dimensioned, all lots are hereby designated as having a
permanent easement for public utilities, lot drainage, and irrigation over the 6 -feet located adjacent
to any interior side lot line and over the 12 -feet located adjacent to any rear lot line or subdivision
boundary." The revised preliminary plat should be provided prior to submittal of a final plat
application.
The preliminary plat landscape plan, date stamped by the City on February 29, 2016, delineates a
pressure irrigation (PIRR) lines within of Lots 25-17, Block I (rear yard), Lots 2-3, Block 5 (front
Page 13 of 28
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K Tbnmng Depa,FagfcAppkcaiions'Jlrdirmnary Mvelopmcm PlansUM641CP Level 3 Sub Phase 3 wfdm
The preliminary plat, date stamped by the City on February 29, 2016, delineates an existing 10 -
foot wide greenbelt pathway located in proximity to the southern property line and a proposed 10 -
foot wide regional pathway located adjacent to West State Street (Hwy 44) and the northern
property line. The preliminary plat does not identify any easements associated with the greenbeft
jathwa or theLproposedd re Jonal a
giona
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1UJ PUIL. A 5
the pathways should be completed prior to the City Clerk signing the final plat. The specific
location and design of the pathways should be approved by the City of Eagle Park and Pathway
Development Commission prior to submittal of a design review application. The cinder material
utilized for the greenbelt pathway shall be reviewed and approved by the City of Eagle Parks and
Recreation Director prior to installation of the cinder material. The pathways should be located in
a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City
Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall
be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. Other than any pathways approved by Eagle, development within the Floodway should be
1-irohibited.
The preliminary plat, date stamped by the City on February 29, 2016, shows a stub street
intersecting South River Creek Avenue located approximately 420 -feet south of the intersection of
West State Street (Hwy 44) and South River Creek Avenue. Eagle Fire Department provided
correspondence, date stamped by the City on April 12, 2016, which indicates that, due to the
length of the street, a fire department turnaround will have to be installed in accordance with
Appendix D of the 2012 edition of the International Fire Code. Also, the ACHD staff report, date
stamped by the City on May 5, 2016, indicates the applicant is required to construct a temporary
cul-de-sac at the terminus of the stub street and provide the District with a temporary turnaround
easement. In the event the temporary turnaround easement extends into a buildable lot, the entire
lot shall be encumbered by the easement and identified on the plat as non -buildable lot until tile
street is extended. The applicant's representative has indicated to staff that they would like to
create a non -buildable lot for the turnaround to prevent the entire residential lot from being
designated non -buildable. The applicant should provide a revised preliminary plat showing an
emergency turnaround located within a non -buildable lot located at the southwest comer of Lot 4,
Block 5. The applicant should also provide documentation from Eagle Fire Department and
ACHD approving the emergency turnaround prior to submittal ofa final plat application.
The site has a single -wide mobile home located on the property which may have been served by an
individual well and septic system, The preliminary plat, date stamped by the City on February 29,
2016, does not show the location of the mobile home, potable well, or septic system. If there was a
potable well and septic system located on the property it is unknown if either the potable well or
septic system were ever abandoned. The applicant should be required to provide documentation
from Central District Health Department indicating the potable well and septic system previously
located on the site were properly abandoned. The documentation should be provided prior to the
City Clerk signing the final plat.
The preliminary plat, date stamped by the City on February 29, 2016, delineates the limit Of th(-.
100 -year floodplain (zone AE) and also shows a hash mark that is in proximity to the floodway
line, however, it is not identified. Pursuant to Eagle City Code Section 10-1-8-5, all subdivision
plats shall identify and designate the 100 -year floodplain boundary and the 11`w .1 boundary
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including a certification by a registered surveyor that the boundaries were established consistent
with the FIRM map for the city of Eagle. The code further states that all subdivision plats shall
contain a note or notes that warn prospective buyers of property that sheet flooding can and will
occur and that floods of greater magnitude may inundate areas outside identified floodway and
floodplain boundary lines. The applicant should provide a revised preliminary plat identifying the
locations of the 100 -year floodplain boundary and the floodway boundary lines based on the Flood
insurance Rate Map (FIRM) in effect at the time. The revised preliminary plat should contain a
new plat note that states, "Portions of this subdivision are located within an Area of Special Flood
Hazard (ASFH) as identified on the Flood Insurance Rate Map (FIRM) Panel Number
16001COI35H, (in effect at the time of final plat approval) and are subject to the regulations of
Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater
magnitude may inundate areas outside identified floodplain and floodway boundary lines." The
revised preliminary plat should be provided prior to submittal of a final plat application.
The proposed development is located adjacent to the Boise River. The preliminary plat landscape
plan, date stamped by the City on February 29, 2016, indicates the existing riparian vegetation
located in proximity to the Boise River is to remain. Pursuant to Eagle City Code Section 10-1-5,
a riparian area is the area along the banks of any waterway 25 -feet in width measured landward
from the mean high water mark. Also, pursuant to Eagle City Code Section 10-1-8-5(F), all
subdivision plats should contain plat note(s) in regard to the riparian zone and what improvements
may be permitted. The applicant should provide a revised preliminary plat with a new plat note
that states, "There shall be a 25' wide riparian zone easement measured landward from the mean
high water mark landward in which no improvement is permitted and require that riparian
vegetation shall be maintained in its natural state for the protection and stabilization of the
riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat
should be provided prior to submittal of a final plat application.
The preliminary plat, date stamped by the City on February 29, 2016, delineates an overhead
power line located in proximity to the western property line and traveling approximately 600 -feet
into the site from the northern property line. Pursuant to Eagle City Code Section 9-4-1-8,
underground utilities are required. All overhead utilities on the site should be removed and/or
placed underground prior to the City Clerk: signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested annexation,
rezone with development agreement, conditional use permit, preliminary development plan, and
preliminary plat for HCR/LeveI 3 Planned Unit Development — Phase 3 with conditions to be placed
within a development agreement and with subdivision site specific conditions of approval and standard
conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications were held before the Planning and Zoning Commission on May
16, 2016, at which time testimony was taken and the public hearing was closed. The Commission
made their recommendation at that time.
B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no
one (other than the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by three (3) individuals who voiced the following concerns:
• The applicant should not be permitted to move forward with this phase of the development until
the improvements (landscaping, street lights, and swimming pool) are completed with Phase I and
Phase 2.
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K Tianning DCP4E E,aslc r pplications ffrHmInary DM-00pnMne PI.&rrs4; 16",ll7C1K J.mr.B I Sub N,a,c 3 ccr do,
• The applicant should be required to provide a timeline for the completion of the aforemention
improvements prior to moving forward with the subject phase.
• The berm has not been completed within Phase 2 of the development.
• Based on the improvements not being completed within the HCR/Level 3 Subdivision Phase I a
Phase 2 this application should be denied. I
[P. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Planning a
Zoning Commission by one (1) individual who voiced the following concerns: I
• The developer has failed to complete the improvements within the first two (2) phases
HCR/Level 3 Subdivision.
• Who will maintain the ponds located within the subdivision?
• They want to ensure the current driveway easement providing access to the adjacent property
maintained.
e
• There should be conditions placed on the development to ensure the improvements are complet
in a timely manner.
• The septic system located on the adjacent property is located in proximity to the proposed ponds.
COMMISSION DELIBERATION: (Granicus time 2:01:54)
Upon closin2 the oublic VeariT9_ t
• Although the subject development was proposed as HCR/Level 3 — Phase 3 it was not a part of ths
original HCR/Level 3 planned unit development that contained Phase I and Phase 2, therefore, it is
separate planned unit development and cannot be held up due to the landscaping and streetligh)
improvements that have not been completed in Phase I and Phase 2.
• The application cannot be remanded to staff based solely upon the incomplete improvements within
HCR/Level 3 Subdivision Phase I and Phase 2.
• The proposed development should have the same building setbacks that were approved for the original
HCR/Level 3 planned unit development.
• The reduction of the pond access easement (for pressurized gation maintenance) from 30-fect to 12-
feet in width is warranted.
COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Commission voted 4 to 0 (Koellisch absent) to approve A-02-16/RZ-02-16 for an annexation and
rezone from RUT (Rural -Urban Transition — Ada County designation) to R -4 -DA -P (Residential with a
development agreement - PUD) for Home Capital Resources, LLC, with conditions of development to be
placed in a development agreement as provided within their findings of fact and conclusions of law
document dated June 6, 2016.
COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Commission v A%06�6� f �9m
Development - Phase 3 for Home Capital Resources, LLC, with the site specific conditions of approval
and standard conditions of approval as provided within their findings of fact and conclusions of law
document dated June 6, 2016.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on June 28, 2016. The
Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one (other than
the applicant/representative).
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& Appkafiorw%Prdimnuy De veapmm P8am201641CR Levo 3 Sah Plow 3 rcfdoc
C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by one (1)
individual who indicated the other phases of the subdivision are failing in disrepair due to the lack of
maintenance and the common areas not being properly irrigated. The control box for the subdivision
pressurized irrigation system is attached to their home. Their yard has been damaged by a contractor
working on the subdivision. Based on the condition of the landscaping and the improvements that are
not completed within the existing HCR/Level 3 Subdivision the neighborhood is no longer desirable to
live in.
D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Eagle City
Council by one (1) individual who voiced the following concerns:
• The landscaping contained within the entrance island is not complete.
• The landscaping on the buffer berm located within Phase 2 has not been completed.
• The proposed street lights need to be installed.
• The fence around the common area has not been installed.
• The common lot where the greenbelt pathway is located has not been landscaped.
• Tile pressurized irrigation System is not working properly and should be repaired.
• The temporary entrance needs to be closed and the landscaping completed in this area.
• Lot 2, Block 4 (common lot), located within Phase I needs to be landscaped.
• The pool house is different than what was ornally shown to individuals purchasing lots within
the subdivision.
• There should be conditions placed on the development to ensure the improvements are completed
in a timely manner.
• The city should step in and complete the improvements.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A
DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve A-02-16/RZ-02-16 for an annexation and rezone lirom RUT (Rural -
Urban Transition — Ada County designation) to R -4 -DA -P (Residential with a development agreement —
PUD) for Home Capital Resources, LLC, with the following conditions of development to be placed
within a development agreement:
3.1 The maximum density for the Property shall be 1.78 -dwelling units per acre (7 single-family
residential lots).
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this
Development Agreement. Further, Owner will submit such applications regarding floodplain
development permit review, design review, preliminary and final plat reviews, and/or any
conditional use permits, if applicable, and any other applicable applications as may be required by
the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such
applications are made except as otherwise provided within this Agreement.
3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the proje
As the Concept Plan evolves, the City understands and agrees that certain changes in that conce
may occur. If the City determines that any such changes require additional public comment due
potential impacts on surrounding property or the community, a public hearing shall be held on a
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: I
(a) An allocation of responsibty for repair and maintenance of all community and privately
owned landscaping, pressurized irrigation facilities, and amenities. Owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
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installation of the cinder material. The pathways shall be located in a recorded easement or
casements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E)
2). The instrument number of the recorded easement or easements shall be referenced on the face of
k
the plat, upon recordation of the final plat(s) wherein the pathway is located. Other than any
yathways approved by Eagle, development within the Floodway shall be prohibited.
COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Council voted 4 to 0 to approve the HCR/Level 3 Planned Unit Development Phase 3 for Home
Capital Resources, LLC, with the Planning and Zoning Commission site specific conditions of approval
and standard conditions of approval with underline text to be added by the Council and strike through text
to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I - Comply with the all conditions within the development agreement for rezone application RZ-02-16.
2. Comply with all requirements of the City Engineer.
3, Comply will all conditions of the floodplain development permit FPDP-02-16.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat ad/or upon receipt of an invoice by the City,
whichever occurs first.
5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 -Permit
prior to submittal of a final plat application. Should a 404-Pcrmit be required, a copy of the final
approval from the Army Corps of Engineers shall be required prior to submittal of a final plat
application.
6. The required setbacks shall be as follows:
Front 20 feett25 feet Garage (front -load)
Rear 25 feet
Interior Side 7.5 -feet
Additional Setback for
Multi -story structures 5 feet per story
Street Side 20 feet
7. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that is
completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
8. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat application. Construction fencing shall be installed (pursuant to the Design Review Board's
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K.Tknning Devdopmm Plva�006JICR Level 3 SuhPhaae 3 mrdoc
direction) to protect all trees that are to be preserved, prior to the commencement of any construction
on the site.
20. Provide a revised preliminary plat identifying the locations of the I 00 -year floodplain boundary and
the floodway boundary lines based on the Flood Insurance Rate Map (FIRM) in effect at the time. The
revised preliminary plat shall contain a new plat note that states, "Portions of this subdivision are
located within an Area of Special Flood Hazard (ASFH) as identified on the Flood Insurance Rate
Map (FIRM) Panel Number 16001 COI 35H, (in effect at the time of final plat approval) and are subject
to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and
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floods of greater magnitude may inundate areas outside identified floodplain and floodway boundary
lines. The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC
10-1 -8-5[EI)
21. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide riparian
zone casement measured landward from the mean high water mark in which no improvement is
permitted and riparian vegetation shall be maintained in its natural state for the protection and
stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised
preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1 -8-5(F)
22. The applicant shall be required to obtain the proper permit and subsequently abandon the existing
septic system and drainfield located on-site. Upon removal, the applicant shall provide documentation
from Central District Health Department indicating the septic system and drainfield were properly
abandoned prior to the City Clerk signing the final plat.
23. Provide documentation from Central District Health Department indicating the individual wells
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
24. The HCR/Level 3 Subdivision Phase 3 shall remain under the control of one Homeowners
Association.
25. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
26. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
27. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to
submittal of a final plat application.
28. A minimum 12 -foot wide perimeter easement (measured from the tot) of bank) shall be vrovided
around the pond associated with the pressurized irrigation system.
29. All required infrastructure and common area amenities in HCR/Level 3 Subdivision Phase I and Phase
2 and all related issues identified in this public hearing, excluding the yool and pool clubhouse, shall
be comRIeted prior to submittal of a final l2lat application for HCR/Level 3 Subdivision Lhgae 3. The
nool and pool clubhouse shall -be- completed no later than December 31, 2016.
NOTE: In the event a Standard Condition or Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facties is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
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5. Written approval of all well water for any shared or commercial well shall be obtained from t
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will
required to furnish the City Engineer with a letter from the sewer entity serving the prope
accepting the project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed
the street side of the home or shall have their sewer drainage system designed with a stub at t -
house front to allow for future connection to a public sewer system. I
�11. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the wat
rights appurtenant to the lands in said subdivision which are within the irrigation entity will
transferred from said lands by the owner thereof; or the subdivider shall provide for undergrouni
title or other like satisfactory underground conduit to permit the delivery of water to tho
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 criter
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by tile City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
H. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other gation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied tile 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. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
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13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibty of the applicant.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to tile City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
Tile 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
R wellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools,
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
arm, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required,
providing for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorn
I
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the sto
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other simil
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by t -
Eagle City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
Page 24 of 28
K Tionnins Dcp1',DS[C ApplicadouTrelimirmy Development NW_101611CK lzel 3 Suh Phase 3 ccfdoc
20. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Green belt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain
and river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of
Eagle Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicatots, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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K (Planning DcpdEOWC Appfictvm%Prehmanary D"c'mopment MansM1,16*1CR LcvO ' SkArl Phase] eek &x
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
strectlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utties, pipelines and
similar structures. Documentation indicating that "Digline" has perforined. an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with fann uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36, The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
I - The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation
with a development agreement (A-02-16/RZ-02-16) with regard to Eagle City Code Section 8-7-5
"Action by the Commission and Council", and based upon the information provided, concludes that
the proposed applications are in accordance with the City of Eagle Comprehensive Plan and
established goals and objectives because:
a. The requested zoning designation of R -4 -DA -P (Residential with a development agreement —
PUD) complies with the Mixed Use and Residential One designations as shown on the
Comprehensive Plan land Use Map since the applicant is not proposing more than three units per
acre and the proposed density is within the densities allowed with the two designations;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve a
single-family dwelling residential subdivision on this property under the proposed zone;
c. The proposed R -4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the
north since this area is designated High Density Residential in the Comprehensive Plan and has
received preliminary plat approval to be developed with a residential development with higher
density than the subject site;
d. The proposed R -4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transitional iiiimii Ada County designation) zone and land use to
the south since this area is designated as Floodway in the Comprehensive Plan and no
development will be permitted in this area;
e. The proposed R -4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -4 -DA -P (Residential with a development agreement ii -ii PUD) zone and land
use to the east since this area was developed with a subdivision with lots of similar size;
f. The proposed R -4 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the RUT (Rural -Urban Transitional ii- Ada County designation) zone and land use to
the west since this area is designated Mixed Use and Residential One and may be developed in the
same manner as the proposed development;
& The land proposed for rezone is located within a "Hazard Area" and "Special Area7 as described
within the Comprehensive Plan. The applicant has submitted the required documentation and
applications to address the city's concerns regarding development in those areas;
h. No non -conforming uses are expected to be created with this rezone.
Page 26 of 28
K Tianning Dept\ragle Appllcalivns%Prehnnnry DemvJopmcm Planslt 16,"CR LCYCI 3 Sub Phan 3 rtfdoc
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-03-16/PPUD-01-16/PP-01-16) and f. dl
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because.
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
The intent of the HCR/Level 3 PUD is to provide a development with quality housing and
amenities that take advantage of the Boise River as a natural resource. The increase to the
community tax base as a result of the project will assure there is no detrimcntal impact to the
economic welfare of „f
That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
The HCR[Level 3 Subdivision is designed to not exceed the total allowed density of the area and
provide lots of comparable size to the surrounding developments. The proposed development
provides a variety of lot sizes and housing types to blend in with the adjacent development and
future development. The landscape improvements will be completed and street lights will be
installeR in HCR/Level Phase I and Phase 2 prior to submittal of a final plat application for
HCR/Level 3 Phase 3.
c. That the devclopment will not be hazardous or disturbing to existing or future neighborhood uses.
The development will have access to State Highway 44. The site will be served by central water
and sewer.
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
No major impacts are expected as this development should only develop normal traffic patterns
that would be related to a residential subdivision development. The proposed dwelling units on
the site will be compatible with existing or proposed residential uses in the area.
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided by
the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and
other urban services will be provided at the developer's expense.
f That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the time
installation and before acceptance by the sewer, water or highway district,
g. That the development is provided with parks, ponds, open areas, areas of special interes
floodplain preservation, and/or other special features which would not
otypically be provided ini
nn-Pproposa
UD l.
The development plan was designed with consideration given to usable open space, ponds,
pedestrian pathways and other special features commensurate with its location and appropriately
responding to the irregular shape of the original parcel.
Page 27 of 28
K Manning DepiTagic Appiiwion%,Prc5mnArY I)c%'0oFMcnI Piong'2016WR Lawl 3 Sub Phase 3 cer doe
h. That the vehicular approaches to the property are designed to not create an interference with traffic
on 1 1ing public thoroughfares.
The development ill Ii. 1an existing (South River
Avenue) located adjacent to the development.
i. That the development wil1 the destruction, t or damage of a natural, scenic or
historicof majorimportance.
1 •• li 1 i' I • • • - 1
j. That the proposed development will be harmonious with and in accordance with the general
objectives • objective • e Comprehensive Plan.
The proposed 1. •• • f Comprehensive plan calls •
Mixed Use on the northern portion of the property and Residential One on the southern portion of
the property. I I f ' .1 development contains7 mix of • and is below density
allowed for
k. That the proposed development will be harmonious with and in accordance with the objectives ! 1' objective • - •1' general
This application requests• 1 1 preliminary development plan conditional use permh
outlinedas -City Code and satisfiesrequirementsbe required to ' - it
the conditions herein. In addition, the developer will be required to submit an application for
design review and comply1•" / conditions / approval of the design
That the benefits,combination of • • uses, and interrelationshipwith the surrounding
,yirea for proposed 1' • proposed 1- i1 1 (ri• district
7egulations.
� f- l'' .11 •'�-i / 1- Ii
'%%.AI41014e1ero�r
Stan Ridgeway, Mayor,%�
ATTEST:
0.
.0 T A O0
Sharon erg a r n, Eaglc City Cl rk ¢ ����r��111®�iene
Regulatory•Applicant
pursuant to section 67-8003, 1 Code, to request
regulatory
Page 28 of 2
IK.4k tanning DevtT=Wc Applica6anl.Prdimi Duveap7raW Plans` -100 ,HCR Level 3 Supe Miele D ecfdoc