Loading...
Findings - PZ - 2016 - A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15 - Isla Del Rio Planned Unit DevelopmentIN TAE MATTER OF AN APPLICATION FOR AN ANNEXATION, REZONE WITH DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR ISLA DEL RIO PLANNED UNIT DEVELOPMENT FOR BUIE STODDARD GROUP LWOVI The above -entitled annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 15, 2016, at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: Buie Stoddard Group, represented by Tamara Thompson with The Land Group, Inc., is requesting an annexation, rezone from RP (Rural Preservation - Ada County designation) to R -2 -DA -P (Residential with a development agreement ­ PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Isla del Rio Subdivision, a 112 -lot (97 - buildable, 15-c1mm1n) residential planned unit development. The 74.32 -acre site is generally located at the terminus of East Island Woods Drive and East Garden Brook Drive. ■ �uv M i-eDruaryz��,'Sl,n-777r-EMopreiiiiiinarj=lt:luplllclltpiantpreiiminarypiav-ii,5mp T' 25,2016. Lei 0 N00] W a 91 I'll 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 July 25, 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 July 28, 2016. Requests for agencies' e nd March 8 revised a lications relimin Page i of 33 K \Mannumt.4 Dap \Emp Dmelopmem NnA�1055%lsla dd WD Sub pzfdoc ApplicationAPm6m�avy CPA -02-15 ii ­ A comprehensive plan amendment to include 88.24 -acres from the Boise City Comprehensive Plan and Area of City Impact (Boise City Land Use designation of "Large Lot') into Eagle .. ►(Eaglef Use Designationof Residential to 2 units per ..... PD6 A floodplain development permit to allow for development of ;pecial floodhazard. � ► � iii,' .,. � '� � '� � �. .m applicant's justification (attached l the staffreport),date stamped by the city on Janua1l F-9, 2016. applicant'sSee justification o the staff report),date stamped by the city on Janual E Page 2 of 33 K 1Phil depilWagle ANNNia tianskPitlimunvy Developmeno P:INmFBI e i llgJa deli RID Sub pzfdoe COMP PLAN -DESIGNATIONE M Residential Two, E ► Preservation Floodway, and Large Ada County designation) residential dwellings and : 4 (Boise City agriculture Comprehensive++ i.Residential TWO ► f ■ (ResidentialResidential unit (arealocateddevelopment ...1m.., 44- development themapped Boise agreementli acres[approximately]) City Comprehensive North MMixed Use and A (Mixed Use with Boise River Floodway a development agreement - residential [in lie'.. . P +F - 1 . I ' Subdivision South of site Residential4 and ----------------------------- ► # (RuralPreservationSingle-familyresidence �1 Public/Quasi-Public `.A, designation) ! r�"io_,.. (Boise City 1 plant Comprehensive Plan) Industrial — Boise City designation) East of site Floodwayand Eagle RP (Ruralf li. (ponds) Island Special Use Ada County designation) Area ofsite Ier # Residential R A (Residential ' ., . Page 2 of 33 K 1Phil depilWagle ANNNia tianskPitlimunvy Developmeno P:INmFBI e i llgJa deli RID Sub pzfdoe 51MMUM !l-'2qMt%K4 L-71mig [oil Wr'l Ituglem Ilia C4,161 LOJIM1111;4#11 from am", I IMIN Industrial 0 Common 15 Single-family — 97 Duplex 4i; 0 Multi -family ­ 0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.77 -dwelling units per acre* 1.77 -dwelling units per acre (as limited within the development agreement) Minimum Lot Size 10,038 -square feet 17,000 -square feet (minimum) Minimum Lot Width 75 -feet 75 -feet Minimum Street Frontage 50 -feet 35 -feet Total Acreage of Common Area 33.98 -acres (inclusive of 15,54 -acres (based on the Open Space planter strips) offsetting open space required) Percent of Site as Common Area 45.72% 20.9% Open Space Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or opens ace facilities in PU or in subdivisions with 50 or more lots. Based on the area located outside of the floodway. The preliminary plat, date stamped by the city on July 25, 2016, shows a 10 -foot wide greenbelt pathway, located within Lot 1, Block 3, in proximity to the Boise River. The preliminary plat also shows a buffer area located between the proposed lots located within the subject subdivision and the existing lots located within Riversend Subdivision Page 3 of 33 K Tlanning DeplTagle ApplicalionsTreliminary Mvelopment Planst201 5%lils del Vio Sob pe.w Open Space: The proposed development includes 33.98 -acres (45.72%) of common area. The common areas consist of 15 -common lots. The common lots consists of the proposed greenbelt pathway, ponds, and a community clubhouse and pool. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how sals, or drain piping, will be developed in the drainage easements. Also, the CC 's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not Iess than 12 -feet wide. Fire Hydrants and WaterMains: Hydrants are to be located and installed as required by the Eagle Fire District. n -site Septic System (yes or o) — No Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the Boise River associated with an existing water right. The applicant submitted pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (IS). Preservation of Existing Natural Features: The property is currently being utilized as a working horse ranch with the exception of the riparian area located adjacent to the Boise River. There is an existing active bald eagle nest located i proximity to the southeast comer of the subject property. The site contains mature trees located adjacent to the Boise River and slough located in proximity to the northeast and northwest comers of the site. 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. L. STREET DESIGN: Private or Public Streets: throughoutr of sevenrequired eight 1At i wide planter stripsr on each side of proposed a 71 tri oftwo-foot 15 -foot .rw island (located b' and of r r eight foot r+ planter strips located on each side of the street. The travel lanes are bordered on both sides with vertical curbing. Page 4 of 33 K TEmar np,t Mp rade App katoons\Pretmcmwy. 6rvOopmeoi PlansV..Bdlrel%dik del RIAs Sub ptednc Blocks Less Than 500% one. Cul-de-sac Design: A 140 -foot long cul-de-sac is proposed with a radius of 50 -feet of right-of-way. Sidewalks: The preliminary plat, date stamped by the city on July 25, 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: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the c4 on July 25, 2016, shows a 10 -foot wide greenbelt pathway traversing the northern portion of the site located adjacent to the Boise River. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. N. PUBLIC USES PROPOSED: Public pathway (see Section M above) 0. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The narrative provided by the applicant, date stamped by the city on May 12, 2016, indicates that sewer from Eagle Sewer District and water from United Water will be provided via existing stubs located within the public streets from the west. Q. SPECIAL ON-SITE FEATURES: Are of Critical Environmental Concern — Yes — located adjacent to the Boise River Evidence of Erosion — no Fish Habitat — Yes — Boise River Floodplain — Yes — Boise River Mature Trees — Yes — located in proximity to the Boise River Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes — no Strey m/Creek — Yes — B o ise River Unique Animal Life — Yes — bald eagle nest located adjacent to the Boise Rivil Unique Plant Life — Yes — riparian area located adjacent to the Boise River Unstable Soils — unknown I Page 5 of 33 . . . . . . . . . . . . . . . . . . . . ................ Wrlr.-IRTMIM The Isla del Rio Habitat Report, date stamped by the city on April 3, 2015 (attached to the staFil report), identified a bald eagle nesting site located within 50 -feet of the subject property. The Is del Rio Environmental Impact Assessment, date stamped by the city on January 29, 2016, provid s I additional information regarding the riparian areas located adjacent to F! River a 1 surrounding sloughs. Through the construction on ponds located at the northern end of t property, construction of a stream channel, and planting of riparian vegetation it will enhance t - floodplain and functioning of the river ecosystem to mitigate for the effects of the developmen The Environmental Impact Assessment also provides a plan for mitigating the effects development on the bald eagle nesting site. S. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff repo Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated March 7, 2016, aure of speci concern (attached to the staff report). I Ada County Highway District Central District Health City of Boise Planning and Development Services Eagle Fire Department Eagle Sewer District Idaho Department of Environmental Quality Idaho Department of Lands Idaho Fish and Game Department (date stamped by the City on March 23, 2016) Idaho Fish and Game Department (date stamped by the City on March 28, 2016) Idaho Transportation Department Republic Services Tesoro Logistics United Water of Idaho U.S. Fish and Wildlife Service mrm ".14P&MIT6141 iryllyri�'lli', �� U m asim Dim I I -LTA Imm is L4f =1t The preliminary plat, date stamped by city on July 25, 2016, shows the development to be constructed in four (4) separate phases. The applicant has not provided a time schedule for development of the site. 1. That the proposed PUD is in the public interest, advances the general welfare of th(; community and neighborhood, and will not be detrimental to the economic welfare of community. Page 6 of 33 K Vl"ng DepOEngle ApplicaflonANdimllinq Dcvelopu=9 Phas,20151lata del Rio Sub par doe 2. That the development1` designed, constructed, operated andmaintained i1 be harmonious i appropriateappearance or 1'1characterof 1 how such use will notessential' ' ofthe samearea. 3. That the development # be hazardous 1i disturbing i..existing or future neighborhood LThat thedevelopment does notinvolveprocesses, 1 1and/or conditions of operationthat be detrimental Apersons, property or reasonby of excessive production of ismoke,glare or odors. 5. That the development be served adequately public streets, police1fireprotection, drainage structures, refuse disposal, + 1.sewer, 11 schools. 1; development 1additional requirements at public cost i public 1 7. That the developmentprovidedwithparks,ponds, open areas, areas#'special floodplain preservation, and/or other features1! 1 nottypicallybe provided in non-PUDproposal. 8. That the vehicular approaches1.theproperty designed on i 1 ' public thoroughfares. historic9. That the development will not result in the destruction, loss, or damage of a natural, scenic or ofmajor1 0. That theproposed Q_ i 1Iwill 1`harmonious(Iin accordancegeneral objectivesor i_ objective oComprehensive 1 , 11. That the proposed II ' #will be harmoniousi'.in accordance objectives or 1specific1 f'Eagle CityCode F. 12. That the benefits,!various4uses, andinterrelationshipwith the surrounding area for proposed developmentjustifies proposed deviation fromany standard district regulations. In cases of large - scale PUDs (incorporatingfifty (50) or more lots or divelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, 1.iconstruction,parksf 1'p_ space,1schoolsi i1 solidwaste collection. 14. That an estimate of the public service costs to provide adequate service to the development has beenprovided / " developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided ithedeveloper. #>.That suggested public (or private)1financing the servicesfor development cost for the public services would not be offset by the tax revenue received from the development beenprovided 1',.. developer. Page 7 oF33 K TIAnninS DcpOC RSIO Applica6ansTr0imiury. NvelopmenR MansQ0IV m M Ria Sub pddac STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT- ACOMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: The Comprehensive Plan Land Use Map (adopted February 10, 2015), designates this site as thi following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per I acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration maps along the Boise River and Dry Creek (Generally shown on the Land Use Map which is a part of this Plan). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Also, the floodway areas shall not be considered as a part of the minimum area of open space required (as required within the zoning ordinance) unless developed as noted within this paragraph. Floodway areas shall be excluded from being used for calculating permitted residential densities. Any portion of the floodway developed as a substantially improved wildlife habitat area open to the public, or useable public open space, such as a pathways, ball fields, parks, or similar amenities as may be approved by the City Council, may be credited toward the minimum open space required for a development. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation shown shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: W. M rx-4 a I Errs 0 . 4 "D 4 0 , I I I I I 111WITRIT ff-I If M-1 Minimum Lot Area Maximum Lot (Acres Or Minimum Zoning Maximum Interior Street CoveredFAnd Square Feet} Lot District Height Front Rear Side Side J* H* Width I* R-2 35' 30' 30' 109 20® 0°/® 17,000 75' 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: • Eagle City Code Section 9-2-3: Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: Page 8 of 33 K Tknning DWT-agle ApplicatiansTrehmnafy MyJapmeni Flan\200540a del Rio Sub pzrdoc i. Streets, street names, rights ofwayandroadway fths, including adjoiningIroadways; f ! ! i f ! w 4, 1 regulationsA. Zoning: Lots within any subdivision shall comply in all respects with the official height and area forthw 4 of this code, except that lotfrom the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: widths,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 1coincide respective setbacks, be considered as part oftheplanned development. includingB. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, not be less than twelve feet except easement widths, to coincide .e,setbacks,be considered as part of planned unitdevelopment. B. Natural Features: Existing natural features which add value to residential development a0 enhance the attractiveness ofthe communitywatercourses,! spots 1'; Specialsimilar irreplaceable assets) shall be preserved in the design of the subdivision. C. Development: _ of plannedunitdevelopments Alargescaledevelopments, the city council may require sufficient public and/or private park or open space facilities of acceptable location a#site characteristics that may1'suitablefor proposed development. 1 N, acent to common-7ea, open spaces ana on Me street si=Mi comer MIT shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise requiredin subsection8-2A-7Jofthis code,Chainlink, cedar,andsimilar rmaintenanceand/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivisionCC&Rs shall 1e created for w1 of fences effect. effect or 1' #'i A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as areas of critical concern by the city council or by the state of Idaho. Special consideration shal' be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical Page 9 of 33 K Tionniag lkpi le hpplicaiionsTrelinunary Uevelopmenl Plansl201 Sisla del Ric, SRR per Khm. concern are as follows: 3. Unique animal life; 4. Unique plant life; 5. Scenic areas; 7. Floodplain; 10. Other areas of critical cones (bald eagle nest) D. FLOOD CONTROL ORDINANCE PROVISI S WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: ® Eagle City Code, Section 10-1-1: Findings of Fact and Purpose: B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: protect and 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generall undertaken at the expen• of public;genera 5. To minimize damage to public facilities and utilities such as water and gas mains, electrii hazard,telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special floo warn that city review andapproval going• preventflooding•4 floodingoccur,• advise of informationavailable • the city regarding•••� hazards,1 - 1availableoptions; 8. To ensure that those who occupy the areas of special flood hazard assume responsibilil for 1 I or prohibit uses which are injuri• r, health, safety or property in times flood, which result in environmental damage, or that cause increased flood heights c 11. To minimize the impact of development adjacent to waterways on adjacent propertic upstream,downstream !across 12. To review development plans for property adjacent to waterways to minimize th obstruction of the conveyance of floodwaters, review drainage/obstructions to floo carrying capacity, and guide development adjacent to waterways toward the mo! appropriate building • 1 for particular 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfa with regard to properties adjacent to waterways; 14. To review landscaping and access for flood carrying capacity and preservation enhancement 1riparian vegetation; Page 10 of 33 K Tkmng V:6eo-tt50c ApplitatuunaTMlirme»ary C1ce opr¢tmt Iriw%42 0K V$Ia del Rio Sub pffdoc allow15. To A creeks and their adjacent landsto convey floodwatersto minimize property damage; 16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and 17. To protect, preserve and enhance the waterways and floodplains as a recreation resource. I 1 1111 11 r ! ! ■ r r� r w. ww A A A A w A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosionhazards,or damaging increases in erosionor !!Aheightsor velocities; ! ! ■!w ! !. Un MWMS Ror V. Areas of special flood hazard shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOM -F). FLOODWAY, The channel of or other watercourseand adjacent land areas that must be elevationreserved in order to discharge the base flood without cumulatively increasing the water surface ! one •w MEAN HIGH WATER + 1 w ■ 1 ! ! 1' !!, ! time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean hi_ of w Afive hundred (6,500) cubic feet per ! ■ (cfs) along the BoiseRiver. Tributaryof will reference specific data establishingestablished by ! w of engineers. O ADVERSE IMPACT:ww' ■! r of 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 measured landward from the mean high water mark. ■A ! r � r:. . , it A � A .. . B. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate (FEMA form 81-31) referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of s- ....Ari hazard by - .. of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one foot (F) above base flood elevation. Page 19 of 3 IK Timuing Vi oTagle ApplimflonaTmEminmT Deue9mpvmw & lmm 220 3 %N dd Rio Sub pddoc oil A. All subdivision proposals shall be consistent with the need to minimize flood damage; B. subdivision proposals public gas, electric d water systems locatedand constructed 1minimize/rr damage; subdivisionC. All proposalsadequate drainageprovided r reduce1r A #1r, w.. d D. Base flood elevation data be provided r rl w, proposals r other propos 'r development l! '1 within any area of !irhazard. E. All subdivision platsidentify and designate the 100-yearfloodplain boundary and t... floodway boundary wing a certification by r surveyor that the boundaries established consistent with the FIRM1 for of Eagle.1w! w plats contain! c or # prospective buyers of property rrr i' will occur andthatfloodsisgreater magnitude may inundate areasoutside identified flood ....:... and floodplain boundary lines. F. All subdivision plats shall contain note(s) that refer to the required twenty five foot (2 setback froml the riparianzone,1 improvement pernmnittw and require that riparian vegetation shall be maintained in its natural state for the protecti Astabilization1the riverbankandthat removal1treesor other vegetationis regulated. In all cases of specialr. 1A hazard where base flood elevation data has been provided chapter,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 th designated as #1/ways. Since the floodway is an extremely hazardous due to the velocity of floodwaters which carry debris, potential projectile and erosion potenti the following provisions r1 (Ord. A!• r 700A, I w, ding fill, new construction,/improvements • other development, are prohibited unless an approved floodplain development permit is issued demonstrating 1: not 1verse impacts during occurrenceAthebaseflood. 2. Encroachments, / construction, / improvements 1 other engineerdevelopment are prohibited unless certification by a registered professional hydraulic provided A. ': A +that encroachments rr/ levels during the occurrence of base flood discharge; and uses within the floodway shall be r to those which are required by public r, w bridges; water pumps), recreational use (for example, paths), wildlife habitat improvements w r #, irrimprovements),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 participation in the n. #' . 4 ! r insurance program. / , 3. Subsection / I of this sectionIcomplywith all applicableflood . . 1reduction provisions of this section 10-1 -8. 5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway Exceptarea of A floodhazard boundary one r !: or ,! the floodway line, _ boundary-shall1.the setback Page 12 of 33 K Tlrnnin# DcNI1F°. oe ApphcafiansTmfiffdnmy DmIapmen¢ Mans= SO& del FUo Sub ptfdoc 6No development is permitted within the twenty five foot (25') setback from all waterways called the riparian! # riparianvegetation : be maintained in its natural state ,,.. accordancethe protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in 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. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater,or equivalentbe performedin thefloodway when certified by a registered professional engineer. Mitigation design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the 1 -year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow # ofsubsection1' ofthis code for private w In the design #fpublic# private parksll open spacefixedstructuresor equipmentwould 1'1".floodwaters: ! be permittedwithin the11,.:1 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 !fish and wildlife habitat, _ following provisions apply: I . Preservation or restoration of the inherent natural characteristics of the river and cree within the floodplain; 2. Preservation ofriparian and wildlife within the requited minimum twenty five foot (25') setback or riparian zone; 3. No developmentor other than development by the city of Eagle !1required for _ '" access shall occur within the twenty five foot (25) riparian zone with the exception approved stream stabilization work. The Eagle city council may approve access property no other primaryavailable. .. pathways and staircases ... not lead into or through the riparian zone unless deemed necessary by the Eagle ci Ili 4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as - result 1the workdone; 5. New or e planting#vegetationshall include plantings1' " ! ' ! have dense rootfor purpose of ! " stream banks and repairi damage previously done toriparian vegetation.1suchplantings include:_! osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bu sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle. r NITTMO Inn proposed subdivisionboundary." applicant submitted Property Boundary+': ! I 'L" application (Project 1, 201500467 "'i' A.. ! Development! .! Extension!he property lines to match the proposed subdivision boundary. The applicant received tentati 2pproval of the PBA on May 11, 2015, and is required to record a record -of -survey and new deel with legal descriptions within one (1) year of the tentative approval. The applicant submitted application (' • -- 1:201500467 PBA -TE) t! Ada County Developmeu Services which was subsequently approved with a new expiration date of May 11, 2017. Up Page 13 of 33 K,kPtanntng DeptTiale ApplicationOrtlim nary Development Plans5201'111a de Ria Sub pddoc 201500467 PBA) Conditions of Approval, the applicant should provide a copy of the final approval letter to the city prior to the city adopting an annexation ordinance. As part of the application requirements, the applicant has submitted a habitat report and environmental impact assessment. During the course of the site visits and preparation of the reports it was determined an active bald eagle's nest is located in proximity to the southeast corner of the proposed subdivision. The environmental impact assessment provides a mitigation plan which indicates the type and timing of development that is permitted to occur in proximity to the bald eagle's nest. Based upon the location of the eagle's nest and the environmental impact assessment, the applicant was required to obtain an incidental take permit through the U.S. Fish and Wildlife Service. As part of R process the applicant was required to establish buffer areas (consistent with the environmental impact assessment) where development within the R uffer areas will be restricted. R areas include: 1) an area with a 330 -foot radius from the bald eagle's nest_and) and area with a 660 -foot radius from the bald eagle's nest. The ay*licant has provided the city with a copy of the U.S. Fish and Wildlife Service incidental take permit (#MB86328B-0) which contains several conditions and authorizations (attached hereto). The Ypplicant should be required to comply with the provisions and conditions contained within cnvironmental impact assessment and the conditions and authorizations within the U.S Fish and Wildlife Service incidental take permit (#MB86328B-0). The Eagle Sewer District provided correspondence, date stamped by the city on June 9, 2016, mot the Eagle Sewer District's boundaries and, before the District would consider annexation, a north- &outh and east -west easement of approximately 30 -feet in width will need to be granted to the Eagle Sewer District and the City of Boise. The easement will also need to be granted through the ,-rea located south of the proposed development. Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8-24. The proposed setbacks identified on the applicant's narrative, date stamped by the city on January 29, 2016, indicates the following setbacks: Front 20 -feet Rear 25 -feet Interior Side 7.5 -feet Street Side 15 -feet Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2 (Residential): Front 30 -feet Rear 30 -feet Interior Side 10 -feet (first story)/15-feet (second story) Street Side 20 -feet tM '- A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot -eduction in the minimum required front yard setback provided that the distance in no less than 20 - feet within the R-2 zoning district. *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4 (G), front loaded garages are required to be setback 25 - feet from the back of sidewalk. The maximum lot coverage should be 40% as is required pursuant to Eagle City Code Section 8-24. Page 14 of 33 The preliminary plat, date stampedon July 22, 2015,!section for the interior streets with one foot (P) of the eight foot (8') wide planter strip and the five foot (5') wide detached sidewalk being located on the buildable lot (outside of the right-of-way). Based ! 1') wide front!. from property could be constructed within fourteen feet (14') of the back of the sidewalk. If a front load garage was constructed twenty feet (20') from the front property line large vehicles parked in the driveway will overhang the sidewalk. Also, based upon the requested street side setback (with regard to comer lots), if a home were constructed with the front door facing a different street than the garage the same issue would a(regarding parked in the driveway outside and blocking sidewalk). It is staff's opinion that based on the size of the lots and the location of the detached sidewalk thi following !a'1!fTom theproperty and maximum!t coverage g- ! a development should be .•i 'A'. Front 20-feet/living area, 25-feettgarage (front load) Rear ' Interior Side 7.5 -feet (first story)/ I 2.5 -feet (second story) Street 1 prohibited) 1 I 1 Page 15 of 33 K Manning Dept4,',*R1e AppYks0m%Tr6' minvy Development Plans'4`01 %Usla dd Ma Sub p0l1r, Impact into the City of Eagle's Comprehensive Plan. The Boise City Council has approved and executed the subject MOU (Eagle Island Area of Impact Transfer Agreement). The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise should be approved and executed by the City Council prior to adopting a resolution to amend the comprehensive plan. The preliminary plat, date stamped by the city on July 25, 2016, delineates a 20 -foot wide Idaho Power Easement (instrument No. 102062322) located within areas that are proposed to be platted as buildable lots and common lots. The site proposed to be subdivided also contains overhead power lines. 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. The ponds located south of the floodway line (as shown on the preliminary plat, date stamped by the city on July 25, 2016) will be constructed for pressurized irrigation, storm water, and compensatory storage associated with the floodplain development permit. Since the ponds will be utilized for compensatory storage (per the floodplain development permit) they are required to be interconnected so that in a flood event the ponds will not only provide storage but will also maintain the same level. The applicant is proposing to interconnect the ponds with subsurface pipes that are shown to be located within a 16 -foot wide easement within the buildable lots and are not contained within an easement on the common lots. The applicant should provide a revised preliminary plat showing the subsurface pipes interconnecting the ponds located within common lots prior to submittal of a final plat application. called out in plat note #2. The preliminary plat delineates infrastructure located outside of the easements identified in plat note #2 (i.e. pressurized irrigation, pressurized irrigation pump station, and subsurface pipes interconnecting the ponds). The applicant should be required to provide a revised preliminary plat with a new plat note that reads, "Lots I and 3, Block 1; Lots 1, 10, and 11, Block 2, Lots 1, 8, 17, and 30, Block 3; Lots I and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6, are designated as common/landscape area lots and shall have a blanket public DbUM tikka;P�4 to submittal of a final plat application. The preliminary plat, date stamped by the city on July 25, 2016, shows Lot 10, Block 2, as a common lot with a clubhouse and pool. This lot is located in proximity to East Island Woods Drive at an entrance to the subdivision. The proposed location will have a direct impact on the residents of the existing home located on Lot 2, Block 8, Riversend Subdivision No. 2. The clubhouse and pool were more centrally located within the development and located in an area that would not impact the residents of any lots located adjacent to the amenity. The applicant should provide a revised preliminary plat showing the common lot associated with the clubhouse and pool to be centrally located within the development. Also, the clubhouse and pool should be constructed within the first phase of the development. The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the city on July 25, 2016, identifies the street names as Streets A through C. Pursuant to Eagle City Code Section 9-2-3 (C)(3)(i), regarding required information for a preliminary plat, street names are required. The applicant should be required to provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior to submittal of a final plat application. Pape 16 of 33 YC Manning rnptTagEe ApplicationsTMkMnary. Drvelopmw% P1mnz%200P1i6 del Rio Sub pzfdoc C 1�1" " I Im I 1 �R • HM I. 1 ' 1 1 Based upon the information provided to date, staff recommends approval of the requested annexatioi rezone with development agreement, conditional use permit, preliminary development plan, an preliminary plat for Isla del Rio Planned Unit Development with conditions to be placed within development agreement and with subdivision site specific conditions of approval and standard conditior of approval as provided i1 HEARINGPUBLIC OF THE COMMISSION: publicon 11' • 1 before the Planning • Zoning Commissionon 1 2016, • and the publicclosed. The Commissio made their recommendation B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by on (1) individual (other than the applicant/representative) who indicated that the bald eagles in the are have been in the area for quite some time and have become "urbanized" by adapting to disturbance occurringproximity totheir area.- bald - - have moved their nesting area along -. several times over the previous decades and have moved their nest in the past even though they wer not disturbed. The USFWS does not have concerns regarding development in proximity to the sit( The individual also indicated that the rural quietness of the area is long gone with the development c commercial andresidential areas proximity tothe subjectThe proposed development be r asset to the city. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commissio by seven (7) individuals who voiced the following concerns: • The proposed clubhouse and pool should be centrally located within the subdivision. • A privacy buffer with dense landscaping should be provided between the proposed subdivision and Riversend Subdivision. • East Island Woods Way is narrower in width within Riversend Subdivision and will not support the additional •supportproposed subdivision. • The homes located within Riversend Subdivision (located adjacent to the subject property) were designed to enjoy the views of the mountains and the existing horse ranch located behind their homes. Those views would be eliminated with the development of the proposed subdivision. • The existing wildlife located in the area will be impacted. • Due to changes to the proposed subdivision and the additional documentation that has been provided to the city it has been burdensome for citizens living in proximity to the site to keep track ofthe updated documents. being• What has changed in the area that warrants a change to the comprehensive plan and the property i.. e# Mallowfor development? ironic'•Cityof Eagle • I,1allowdevelopment 1 occur in anarea that bald - •relocate. • Why has the density been changed from allowing for one dwelling unit per acre to allowing two dwelling unitsper acre? • Based on the size of the proposed lots located adjacent to the western boundary the lots are not compatible tothe existing lots locatedadjacent1 the site. should• The buffer area located adjacent to the western boundary and adjacent to Riversend Subdivision be • The area located in proximity to the existing bald eagle nest should not be developed since there are only three (3) bald eagle nests located between Lucky Peak Dam and the Snake River. • The residents who live adjacent to the subject property have enjoyed the views and activity associated with theWilliamsonHorse Ranch currently located •site. Page 17 of 33 K Tlanntng Dep0Eagle ApplicaronaTte �wy Denlopmem F1 mll'101R1%11 a.Rel Ric Sub pxrdoc • A vote to approve the subdivision would be defacto eviction of the bald eagles. • There may be a possibility that a government organization or a non-profit organization may have the ability to preserve • The Memorandum of Agreement with the City of Boise has not been executed to date. • The Eagle Sewer District has not annexed the property. • With the development f'the subdivision heritage tothe areawill be diminished. • A decision should be postponed to allow time for individuals or organizations to plan a different proposal for the area. • The developer should be required to provide buffers between the developments similar to the buffer areas provided between Island Woods and Riversend Subdivisions. • The proposed subdivision should be re -designed to have larger lots so it is similar in design to the existing subdivisionslocatedwest1the subject • The eagle's nest buffer area is not large enough since it is only approximately seven (7) acres in • Based on the width of the proposed lots the homes located adjacent to Riversend Subdivision will have the garages located adjacent to the street (snout houses) and will not be similar to the homes located within RiversendSubdivision. a The subdivision should be redesigned to have a large pond located between Riversend Subdivision and the residential lots located within the proposed subdivision. 0 The area located within the 660 -foot buffer area associated with the bald eagle's nest should not be platted 0 The proposed mitigation plan associated with the bald eagle's nest in not in conformance with the BaldEagleProtection rrequiresr possible. * There are / penalties if he bald eagleabandons its nest due to beingdisturbed ►`...y activity associated with the development. 0 The cottonwood trees proposed for the buffer berm associated with the bald eagle's nest do not have foliage duringpeak nesting time (January — March). 0 Although a buffer is being provided (between the development and the bald eagle's nest) activities in the immediate area will alwaysbe visible by the eagle. 0 Individuals do not have a right to rezone their property. 0 The Supreme Court has determined that based on a land use decision if the economic value is not removed from a property a taking has not occurred. 0 The proposal is not in conformance with City of Boise's River Ordinance as required pursuant to the Memorandum of Agreement associated with the site. 0 The subdivision should be redesigned to include a cul-de-sac on the northern street to reduce the amount 1traffic utilizing the northernpoint!the subdivision. other.0 The proposed location of the clubhouse and pool will create traffic issues at the location where East Island Woods Drive provides access to the development. The location also creates a defacto, commercial area since two (2) clubhouses and pools (Riversend Subdivision clubhouse and pool and the proposed Isla del Rio Subdivision clubhouse and pool) would be located adjacent to each 0 There are other cities within the area that place additional restrictions on development and citizens based on historic areas since those areas are an asset to the city. In this case the bald eagles are an asset to the city and should be preserved through additional restrictions being placed on the development. Page 18 of 33 K Timning Der.Wap9c @:pplicmdasnsTrchnndnary CA dopnncna PlansU00.5Viln del No Sub pad dere • Although the bald eagle's nest is not actually located on the subject property the applicant has taken the necessary steps to mitigate any impacts to the nest through providing a buffer area and monitorin-m plan. • The application process has been very open and the records associated with the file have been available •thepublic. • Property . ! • The applicant has worked hard to design the subdivision to mitigate the impact to the bald eagle nest. • It is not unusual to have testimony against development and the testimony is usually in regard to traffic 1wildlifef. current• The buffer area to be constructed adjacent to the bald eagle's nest should mitigate the impacts to the nesting area. • There are several active bald eagle nests located adjacent to the Columbia River and the interstate which has a greater impact to the nests in those areas. The proposed mitigation plan should address the concems associated with the nest at this location. • The number of lots located adjacent to the western boundary of the subdivision should be reduced. • owner has the right tosell the land. • The developer's consultant should be required to provide the monitoring associated with bald eagle's nest on a quarterly basis. • A resident's view from a home is not guaranteed in perpetuity. • The applicant's bald eagle nest mitigation plan is in conformance with USFWS guidelines. If the developer is following the guidelines we cannot deny the application based on concerns regarding the COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT it The Commission voted 4 to 0 (Villegas absent) to approve A-02-15/RZ-05-15 for an annexation and rezone from RP (Rural Preservation — Ada County designation) to R -2 -DA -P (Residential with .7 development agreement — PUD) for Buie Stoddard Group, with the following conditions to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission: 3.1 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 plat 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. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The total number of residential units on the Property shall not exceed 97 -units and the maximum density of the property shall not exceed 1.77 dwelling units per acre (excluding floodway). Page 19 of 33 K ll lumivep, Dr;nWA is Appllmion0mlirninvy Devdapnwnl Plwna12005100w dd IRk a ,:sub pxf doc allocation 1responsibilityfor !. R':maintenance of all communityR privately ownedlandscaping,pressurizedirrigationf:amenities. Theowner shall provide operation and maintenance manual including the funding mechanism as an addendum to the CC&Rs andthe repairRmaintenance requirement1and that the requirement cannot be modified and that the homeowners association or other entity cannot be dissolved withoutexpress1 of the city. 1b)A requirementfor all fencinglocated .lI. :.1 openspace andcomerlots to be open -style cappedsuch as wroughtcappedextrudedi:(looksidentical f•wrought1f three -rail -type decorative1 R fencing acceptable along the southern !1 1,.. 1the subdivision... ,:. .. .shall ..: (c) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not7RRlevelsduringoccurrence R.:. the base flood discharge and uses within the floodway shall be restricted to those which are required for public express(e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. ! 1 property owners are aware1the existenceoftheBoise Waste Water Treatment Plant located acrossthesouth channel of BoiseRiver 1waive the right 1file complaintsregarding odors,1 or other1'. operations 1 ;: 1 with the waste water treatment R requirement than any gov s are less restrictive ' regulationsmmei 1 i ordinances, .., __ ,.. . R 1 1 i ordinances apply. CC&R's are subjectallrules, regulations,1! ! R allapplicablebodies. In theevent9! governmentali 1 1i ordinance wouldrender5part !the ! 's unlawful, then in such event that portion sha be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings be constructedin substantialconformance ! architecture as shown in Exhibit "D". f.assure complianceapplicant1 1 ! reviewedcommittee (ACC) as a component of the development's CC&R's. Provisions regarding & creation and operating procedures of the ACC shall be included in the CC&R's, and shall 1: andapproved by the City attorneyprior Y'theapproval11the first finalplat. The submittal 1thebuildingpermitapplication to the Cityfor each structure within tl development shall be accompanied by an approval letter from the Architectural Contr( Committee. Building permit ! 1 not approval ' Rwill not1 accepted. 1^ assure complianceconditions of approval1 deny, its discretion, building permit application th. does noRstantially conform to the 1 .... igrequirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have tP. right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Sectic y Page 20 of 33 K kPlanniing I AppliicauiansTrelimnnlry Ormlasg mot PlanaIlao AQ 0a mall RW Sub pxr doc 3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Applicant shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall provide a clubhouse and pool located within a common lot centrally located within the development.of pool and club houseto provide a venue f! i the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit design review application• proposed 1 Ar signage, 2) planting details within the proposed ! required landscape islandsand all common throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of ". pump house proposed), useable amenities such as picnic tables,'[ shelters,benches,playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, and 7) all proposed fencing throughout the development. The design review application shall be reviewed and approved by the Eagle Design Review Board prior to the submittal ofa finalplat application. 3.9 Owner shallprovidea reportor analysis of anyproposed changes1'wetlandslocated on Proper Departmentand any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fi & Game County, and any other appropriate governmental agencies, and shall be in accordance with the Eag Comprehensive Plan and City Code. Applicant agrees all development and improvement of t Property shall comply with rules and regulations pertaining to regulated wetlands prior to submitt A ,finalplat application. itApplication1 Boise Riv . Flood Control District No.1 prior to submittal of plat application. 3.11 Owner shall complyapplicable • i of 1' Flood Control,of Code. 3.12 All buildings be setback:, minimum of 100-feetfrom lof Flood Insurance Rate Map " associated with the site. 3.13 Owner shall comply with the U,S. Federal Fish and Wildlife Permit, No. MB8632813-0, Conditiolm and Authorizations and Monitoring Protocol Details. In addition Owner shall comply with t following development requirements: (a) The proposed lots located within the 330 -foot wide buffer area will meet all provisions outlin in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamp Athe cityon !2016. (b) The area located within the 330 -foot wide buffer area (Lots 23-28, Block 3) shall be designated as a single • confirmedas abandoned by the U.S. Fish ! Wildlife Service (USFWS) and (c) The proposed lots located within the 660 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by f' 2016. !', The proposed lots located within the 660 -foot AI' bufferonly be preliminaryplatted until the required landscaped! ! # within the 330 -foot wide (Exhibitmaturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment date stamped by on A 2016. . # aped buffer Page 21 of 33 K Wlanning DeptlEagle ApplicalionsTreliminary Development PINSWIAI®IA del Raa^.o Sub pzrdoge 3.15 A minimum of one emergency and/or service access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency and/or service access shall be as determined coordinationof Eagleand Pathway Commission, Eagle Department, ! 7 and 1 �i w -RiverFlood woDistrict#10 andapproved by City prior to approval of a design review application for the Property. 3.16 Upon completion of the Ada County Development Services Property Boundary Adjustment (Project No. 201500467 PBA) C1 w ! of w ! w Owner shall provide a c!it of 1 1 letter to the city prior to the city adopting an ordinance of annexation. Page 22 of 33 �. �Iaasssemg tfYr.}s¢11p„mg➢¢ r4pp8icl¢i®n¢lE°eetir¢ares¢ry G1avelaapraemasa IpNmna�t7l.'Sttalm rtk¢V Fke� �aair pxPrSwr 3.17 The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise shall b; approved and executed by the City Council prior to approving a resolution to amend th,� comprehensive plan. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 4 to 0 (Villegas absent) to recommend approval of the Isla del Rio Planned Uni'-i Development (Exhibit "A") for Buie Stoddard Group, with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission and strike through text to be deleted by the Commission: 1. Comply with all conditions within the development agreement for rezone application RZ-05-15 or any subsequent modifications, The applicant shall comply with all conditions of approval of the Floodplain Development Pen -nit (gFP-01-16) and complete the proposed work within the Area of Special Flood Hazard (ASFH) prior to the City Clerk signing the final plat for each respective phase affected by the Floodplain Development Permit. 23H! == 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 and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C] [31 [11) 5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 -Permit priA r to submittal of a final plat application. Should a 404 -Permit be required, a copy of the final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application. r 40"41=01FIM-TI'm Front 20-feet/living area, 25-feet/garage (front load) Rear 20 -feet Interior Side 7.5 -feet (first story)/(additional 5 -feet per story, measured to the second story) Street Side 15 -feet (g aeeess PFShibiwe (!Liv It - --ing—area 5 -feet/ age front 25 Load) Maximum lot coverage 40% 7. Provide a revised preliminary plat with a plat note that states, nimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building pennit or as specifically approved and or required." The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-05-15 and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. 9. Provide a revised preliminary plat with plat note #4 revised to read, "Lots I and 3, Block 1; Lots 1, 10, anA 11, Block 2; Lots 1, 8, 17, and 30, Block 3; Lots I and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6; are designated as common/landscape area lots and will be owned and maintained by the Isla del Rio Subdivision Homeowners Association and/or assigns." The revised Page 23 of 33 K Timing DqATASle ApplicalionsTreliminary Devdopmant PlansUO I Asia del No 5,*h pzfanv 10. Provide a revised preliminary plat showing the subsurface pipes interconnecting the ponds located within common lots prior to submittal of a final plat application. 11. Provide a revised preliminary plat showing the common lot associated with the clubhouse and pool to be centrally located within the development. The clubhouse and pool shall be constructed with the first phase of the development. The revised preliminary plat shall be provided prior to submittal of a design review application. 12. Provide a revised preliminary plat with a new plat note that reads, "Lots I and 3, Block 1; Lots 1, 10, 12, 24, and 25, Block 6; are designated as common/landscape area lots and shall have a blanket public utilities, drainage, and irrigation easement." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior !subm1a finalplat r / 1ication.!; 14. 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 lot generally at eachsideproperty or Design 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. 15. 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. Construction fencing shall be installed (pursuant to the Design Review Board's direction) Vt protect all trees that are to be preserved, prior to the commencement of any construction on the site. 16, Provide a revised preliminary plat identifying the locations of the 100 -year floodplain boundary and the floodway boundary 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 Panel Number 16001 CO I 1(in effect at the time1finalplat ! / ! 1 aresubject 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 identifled floodplain and floodway boundary lines." The revised preliminary plat shall be provided prior to submittal of a final plat application. i 17. 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 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 -8-5ffl) Page 24 of 33 K Tianning Dapt', , & ApiSC&rauetrmTreliminary Development Mn 2015\lsla do m Suva padrac 19. The single-family dwellings and pool house shall be constructed in substantial conformance with the architectural styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by reference). The architectural styles provided 1 1 / 1' the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation / operatingprocedures othe ACC shall beincludedin thesR andshall 1'. reviewed and approved ) 3 prior/the approval/the finalplatapplication for phase M The submittal ofthebuilding 1' application to ". for eachhome within the development shall be accompanied /an approvalletter from the Architectural / 1 1 ..« Building permits applications that do not have an approval letter attached will not be accepted. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion,any building permit 1 i3 11 does !ft meet the architectural requirements established placed19. All overhead utilities on the site shall be removed and/or underground prior to the City Clerk plat.signing the final r 20. 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 capped wrought iron or other similar decorative style, durable fencing material. Fencing at the perimeter of the 12toiect along the south boundary of the subdivision mAy be solid -type fencing, Specific buffer area fences and decorative walls may be allowed as otherwise requiredin ECC Sectioni 21. The Isla del Rio Subdivision shall remain under the control of one Homeowners Association. 22, 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. 23. 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 /trees inperpetuity. submittal24. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to 1a finalplat application. 25. Provide a revised preliminary plat showing the number of lots located ad'acent to the western boundary (between the two (2) streets providing access to the development) shall be reduced from a total /eightlots tosix! lots.' / preliminary plat be provided f : 1 /submittal 1 a final plat application. shown26. The applicant shall be reguired to provide increased dense landscape screening on Lot 1, Block 2 (as prelimingaplat, 1. . f'/ by the cityon JulyfThe landscapescreenin shall consist of a combination 1shrubs,deciduous plan be reviewed and approved /DesignBoard 3 • f' submittal of a final Ii anplication. Page 25 of 33 V:.tpBmmminl GDeptt plc Applicafions\Pmfimxnvy Develapm a M m Ual RIAU, did Rio Sub pzNorw NOTE: In the event a Standard 1 1 1 of Approvali 1ecific Condition1 Approval contained herein the Site Specific:f Approval shall control. STANDARD CONDITIONS OF APPROVAL: I The applicant shall• r # of • ! and/or Idaho Transportation Department, including but not limited to approval of the drainage syste curbs, gutters, streets 1 sidewalks, 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed 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 Ci Engineer. Required improvements shall include, but not be limited to, extending all utilities to t platted property. The developer may submit a letter in lieu of plans explaining why plans may n be homesIdaho Department of Health & Welfare approval of the sewer and water facilities is required pri to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from t Idaho Department of Water Resources prior to the City Engineer signing the final plat. I Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to fumish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. All being constructed ! "ual septic systems shall have the septicsystemsplaced on Ell I11 ! ! , 11 E411YAf :.! 1w • d 1 • Attorney,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 94-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City prior to ... City Engineer signingthe final plat, • 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 26 of 33 K 9F WPinS C1ept gle AppHr46ans%Prell mffy C/e dopment Plan®15.01516x!/ del Rio Sub pzf dtie IL No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by organized irrigationdistrict,! R: is ditch! !:`. drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 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 entityprior Athe City Clerk signingthe finalplat. i. 11 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 specifications •:standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing 1maintaining streetlightA ■ 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 1'the responsibilityoftheapplicant. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department { F 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 !' the City Engineer signing the final plat. dwellings,C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family 01 gallons per dwellings having a fire area in excess of ■10 permits,square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior {issuanceof, building permit. Page 27 of 3:3 IV Tllnnas+g NpzkFaglw ApplicifiansTndirmmey IDevdapenent IPlansUOI SUA dell YRaa Stub pxf dtarr Page 28 of 33 K Manning ReptTagle ApplicaiminlMetim[mary Deve"lopmem Plansl20" 5VOo del Ria Sub pxf.duc The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation with a development agreement (A-02-15/RZ-05-15) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided, concludes that the proposed applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -2 -DA -P (Residential with a development agreement — PUD) is consistent with the Residential Two designation as shown on the Comprehensive Plan Land Page 29 of 33 K Tlannin$ DrpITAWC APPHO6000910iminity IDevOapaieaa IMan%%YM S',IWa dc1 Rio Sub pddac b. The information provided 1 jurisdiction publicneeded 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 -2 -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 as Mixed Use in the comprehensive plan and is being developed with a residential development with higher density than the subject site. Also, the Boise River provides buffer between thelire d. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the RP (Rural Preservation designation) . and landuse to .. south since this area is designated as Residential1in the comprehensive plan and may be developed with a similar density in the future and the current landowner is in support of the application; e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the RP (Rural Preservation ­ Ada County designation) zone and land use to the cast since this area is designated Head of Eagle Island in the comprehensive plan and will not be developed f The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -2-P (Residential — PUD) zone and land use to the west since this area is designated Residential Two and is developed with a subdivision with similar density as the proposed fl' 1: g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. The applicant has submitted the required documentation, applications, and permits to address the city's concerns regarding development in those areas; h. No non -conforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-02-15/PPUD-01-15/PP-03-15) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. The intent of the Isla del Rio Planned Unit Development 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 detrimental impact to the economic 1the community, b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential characterof the same area. The Isla del Rio Planned Unit Development 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. ' # ' ! 1 i 1 1' • i 1 1 ! • # 1' � 1 r 1 .1 1 ! ' Page 30 of 33 K Timing DeplTagle Application TreliminM Development Plans\201SVila del Rio ruts pd4w reasond. 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 of production of traffic, noise,smoke,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. 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 pubI4 facilities and services. 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 interest� floodplain preservation, and/or other special features which would not typically be provided in 2 non -PUD proposal. The development plan was designed with consideration given to usable open space, ponV pedestrian pathways and other•'cial features commensurate with its location.applicant also proposing s clubhouse with a swimming pool. i. That the vehicular approaches ta the property aredesigned 1 not on •un• public thoroughfares. Access to the development be • • Woods Drive (residentialM • • i GardenBrook design 1 construction of 1 and entrances is guided by the Ada County i. That the development •: result in the destruction,• or damage of or historicof •importance. applicantThe be required to maintain the scenic riparian• .i • near the BoiseRiver r the existing sloughbald eagle's nest located in proximity to the subject + the applicant is required to provide mitigationrr Environmental• date stamped by the city on 1 0 and conditioned herein) in regard to possible the nest area. proposedj. That the development be harmonious, in accordancegeneral objectives or with any specific objective of the Comprehensive Plan. The proposed •' •• •;•ance with the comprehensive plan since the plan calls for Residential., The proposed 1 1contains a mix of lot sizes and is below the density allowedthat is for proposedk. That the development will be • • . in accordancegeneral objectives or •: ` objective ofEagle City Code Title 4 This application requests approval for a preliminary development plan and conditional use permh as outlined in Eagle City Code and satisfies those requirements as well as will be required to mee! Page 31 of 33 K TIanning deptlEagle Application%\PreGmimry Mvelopmem KwA2DUNIsla del Rio Sub pxfdoc the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review, 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The revenue generated from taxes will cover the additional manpower necessary to serve this -,rro-,reaA once develo.,red. The -,rubl c services that will be i-,irovided to the develo!,ment include the following: Fire The project is located within the Eagle Fire District. The estimated tax revenue generated to the Eagle Fire District from the development is approximately $60,563/year (without Homeowner's Exemption), Police The project will be served by the Eagle Police Department. Water The project is located within Suez Water certificated area. Sewer Department and the Eagle Sewer District. The estimated tax revenue generated to the Eagle Sewer X�us user fees. Road Construction The construction of all interior roads will be completed by the developer. Upon completion the roads will be dedicated to ACHD. The estimated tax revenue generated to the Ada County Highway District from the development is approximately $31,120/year (without Homeowner's Exemption). Open Space The development will contain over 45.7% of passive and active open space providing residents with pathways, swimming pool, and ponds. A system of public and private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of any private open space areas will be regulated by the Isla del Rio Subdivision Homeowner's Association. The public Toads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Page 32 of 33 K Oanning DepITA& ApplicafionsTmfinwrary Dcv0Dpmmt Mans=.%Iga dd Pic Sub pxfdac Schools The residents of Isla del Rio Subdivision are located in the West Ada School District boundaries. The estimated tax revenue generated to the West Ada School District from the development is approximately $130,034/year (without Homeowner's Exemption). o. The estimatedtax revenue generated to the City of Eagle from the development is approximately $31,400/year (without Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The costs of public services for the development will be offset by the user fees and tax revenue generated by the homes located within the development. 1 .1 FOMU14 '[71PIV11111 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho vNGL Trent Wright, Chairman did *0 OVL A 71 ad Z ATTEST- U 0 AV je =� .......... ............. Ci, y Clerk Sharon K. Bergmann, Eagle, 0, y C1 �rk stood, Page 33 or33 PNm3%2Cl.5UAm del IPao Sub pzfdoc