Loading...
Findings - PZ - 2017 - CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-01-17 & PP-01-17 - Comp Plan Text & Map Amendment From R1 To R2/Rezone From Rut To R3dap/Cip/Pdp/PpBEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A COMPREHENSIVE TEXT AND MAP AMENDMENT FROM RESIDENTIAL ONE TO RESIDENTIAL TWO, A REZONE FROM RUT (RURAL -URBAN TRANSITION — ADA COUNTY DESIGNATION) TO R -3 -DA -P (RESIDENTIAL WITH A DEVELOPMENT AGREEMENT — PUD), CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR BALD EAGLE POINTE SUBDIVISION FOR MARTIN, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-01-17 AND PP -01-17 The above -entitled comprehensive plan text and map amendment, 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 June 19, 2017, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Martin, LLC, represented by Shawn Nickel with SLN Planning, is requesting a comprehensive plan map amendment to change the future land use map designation from Residential One to Residential Two, a comprehensive plan text amendment to modify Section 6.8.4 — River Plain Planning Area, an annexation, rezone from RUT (Rural -Urban Transition — Ada County designation) to R -3 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Bald Eagle Pointe Subdivision, a 71 -lot (63 -buildable, 8 -common) residential planned unit development. The 41.15 - acre site is located on the south side of West State Street (SH -44) at the southeast corner of West State Street (SH -44) and West Moon Valley Road. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 1:00 PM, on November 5, 2016, in compliance with the application submittal requirement of Eagle City Code. The comprehensive plan amendment application for this item was received by the City of Eagle on January 10, 2017. The annexation, rezone, preliminary development plan, conditional use permit, and preliminary plat applications for this item were received by the City of Eagle on March 15, 2017. A revised preliminary development plan and preliminary plat were received by the City of Eagle on May 3, 2017. 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 June 3, 2017. 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 May 31, 2017. Requests for agencies' reviews were transmitted on March 22, 2017, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on June 9, 2017. Page 1 of 52 K:\Planning DeptWagle Applications\Preliminary Development Plans\201TBald Eagle Pointe Sub pzf.doc D. HISTORY OF REVELENT PREVIOUS ACTIONS: Resolution 04-15: A resolution adopting the "Soaring 2025" Western Area Plan and including this area into the City's Comprehensive Plan. Resolution 08-20: A resolution repealing the "Soaring 2025" Western Area Plan and incorporating the Soaring 2025 Plan into the City 2007 Comprehensive Plan. On October 30, 2007, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Eagle Commons (aka Bald Eagle Pointe) planned unit development for Eagle Commons, LLC. (A-03- 07/RZ-03-07/CU-02-07/PPUD-03-07/PP-07-07) On April 1, 2008, the development agreement associated with the rezone #RZ-03-07 was executed by the city and the owner of the property. Pursuant to Condition of Development 3.1.1, the development agreement terminated on April 1, 2011, due to a pathway of annexation of the property was not identified by the applicant within 36 -months of execution of the development agreement. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT REQUEST FOR COMPREHENSIVE PLAN MAP AND TEXT AMENDMENT: The applicant is requesting the City add 41.15 -acres to the City's comprehensive plan and designate the site as Residential Two (up to two units/acre). Section 6.8.4 - River Plain Residential Area, A. Uses, #5: 5. Use of transitional lot sizes de and clustering when new development abuts existing subdivisions, business and office use to the north; (See Illustration 6.4) Section 6.8.4 - River Plain Residential Area, A. Uses, #7; 7. North of the Boise River the lot patterns shall be a .L»rira' tiro of do.: large lot cluster c found transition of lot size_from mixed use and high density in the Park Lane Planning Area to the lamer lot clusters in Moon Valley Ranch; up to 1 unit/2 acres. Section 6.8.6 — Moon Valley & State Planning Area, A. Uses, #5: 5. Along Moon Valley Road, uses should be designed to allow safe and efficient pedestrian and bicycle access in addition to vehicular circulation. These neighborhood uses should be scaled and designed to be compatible: and transitional in lot si: with the residential uses located south of Moon Valley Road in the River Plain Planning area. Page 2 of 52 K:\Planning Dept\Eagle Applcations\Prelimmry Development Plans\2017UBald Eagle Pointe Sub pzf doc G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential One and RUT (Rural -Urban Agriculture Floodway Transition — Ada County designation) Proposed Residential Two R -3 -DA -P (Residential Residential planned unit with a development development agreement — PUD North of site Mixed Use and High MU -DA (Mixed Use with Agriculture and proposed Density Residential a development agreement Eaglefield Village [in lieu of a PUD]) and Subdivision RUT (Rural -Urban Transition — Ada County designation) South of site Floodway and RUT (Rural -Urban Conservation easement and Residential Estate Transition — Ada County single-family residential designation) East of site Mixed Use, RUT (Rural -Urban Single-family residence Floodway and Transition — Ada County Residential One designation) West of site Professional Office RUT (Rural -Urban Tealwood and Moon Valley and Residential Transition — Ada County Ranch Subdivisions (single - Estate designation) family residential) H. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. I. SITE DATA: Total Acreage of Site — 41.15 -acres Total Number of Lots — 71 Total Number of Units - 71 Residential — 63 Commercial — 0 Industrial — 0 Common — 8 Single-family — 63 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 3 of 52 K:\Planning Dept\Eagle Applications\PreIminary Development Plans'20ITBald Eagle Pointe Sub pzLdoc Additional Site Data Dwelling Units Per Gross Acre Proposed Required 1.67 -dwelling units per acre* Minimum Lot Size 9,120 -square feet Minimum Lot Width Minimum Street Frontage Total Acreage of Common Area Open Space 65 -feet 65 -feet 15.65 -acres (inclusive of planter strips) Percent of Site as Common Area 38% Open Space 1.48 -dwelling units per acre (as limited within the development agreement)** 10,000 -square feet (minimum) 75 -feet 35 -feet 8.23 -acres 20% Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Based on the area with floodway area excluded. ** Based on the removal of three (3) buildable lots as conditioned herein. J. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat, date stamped by the city on May 3, 2017, shows a proposed access road located adjacent to the Boise River, however, it does not identify a pathway. The preliminary plat identifies a proposed berm located within a common lot located adjacent to West State Street. The preliminary plat also shows a 10 -foot wide pathway located in a common lot (Lot 1, Block 1) between West State Street and the common lot containing the proposed berm. Open Space: The preliminary plat, date stamped by the city on May 3, 2017, identifies 15.65 -acres of open space (inclusive of the planter strips) is provided within the development. The open space consists of seven (7) common lots which are inclusive of two (2) ponds, swimming pool, tot lot, pathways, and buffer area located adjacent to West State Street (SH -44). Storm Drainage and Flood Control: Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Page 4 of 52 K:\Planning Dept\Eagle Applcadons\Preliminary Development Plans\ 2017\Bald Eagle Pointe Sub pzi'.doc Utility and Drainage Easements, and Underground Utilities: The preliminary plat, date stamped by the city on May 3, 2017, notes that a 15 -foot wide public utilities, irrigation, and lot drainage easement will be located adjacent to the public street. The preliminary plat also notes that a 5 -foot wide public utilities, irrigation, and lot drainage easement will be located adjacent to the interior side lot lines (reduced due to proposed side setbacks) and a 12 -foot wide easement will be located adjacent to the rear lot lines or subdivision boundary. Fire Hydrants and Water Mains: The preliminary plat, date stamped by the city on May 3, 2017, shows nine (9) fire hydrants located within the development. Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by the City of Eagle Municipal Water System. The proposed water system plans will be reviewed and approved by the City of Eagle Water Department prior to construction. On-site Septic System (yes or no) — No. 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. The riparian area located adjacent to the Boise River will be preserved. 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. K. STREET DESIGN: Public Streets: The preliminary plat, date stamped by the city on May 3, 2017, shows a typical local street section with a 60 -foot right-of-way inclusive of a 33 -foot wide roadway section (as measured from back of curb to back of curb) with two -foot wide rolled curbing, eighth -foot wide landscaping strips and five-foot wide separated sidewalks located on each side of the street. The street section also shows 0.5 -feet located within the right-of-way between the back of sidewalk and the property line. Applicant's Justification for Private Streets (if proposed): None proposed Blocks Less Than 500': Cul-de-sac Design: N/A Sidewalks: The preliminary plat, date stamped by the city on May 3, 2017, shows detached five-foot (5') wide sidewalks located adjacent to both sides of the streets throughout the development. 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 incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator Page 5 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Planst2017\Bald Eagle Pointe Sub pzf.doc prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. L. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) 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. M. PUBLIC USES PROPOSED: N. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. O. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern — Yes — located adjacent to the Boise River Evidence of Erosion — No Fish Habitat — Yes — Boise River Floodplain — Yes — Boise River, most of the site is located within an AE Zone Mature Trees — Yes — located adjacent to the southern boundary of the site 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 Unstable Soils — unknown Wildlife Habitat — Yes — located adjacent to Boise River P. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): The applicant has provided an environmental assessment plan, date stamped by the city on February 7, 2007 (attached to the staff report), that was prepared by Karl Gebhardt, P.E., P.H, and Joyce Gebhardt, Wildlife Biologist, with Resource Systems, Inc. The plan evaluates present and future conditions as they relate to the Boise River, plant and animal life, soils, cultural, historical or scenic aspects, existing structures, and other areas of critical concern. The environmental assessment plan did not identify major concerns that may result from the project. Q. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: City Engineer: All comments within the engineer's letter dated May 23, 2017, are of special concern (attached to the staff report). Ada County Highway District Ballantyne Ditch Company Central District Health Department of Environmental Quality Eagle Fire Department Idaho Department of Fish and Game Page 6 of 52 K:'Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzEdoc Idaho Transportation Department Little Pioneer Ditch Company Sawtooth Law Offices, PLLC (representing Middleton Mill Ditch Company and Middleton Irrigation Association) R. LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from Jeff Werde, date stamped by the city on February 19, 2017. S. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in two (2) separate phases. T. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Page 7 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzEdoc 13. In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 14. 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. 15. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 16. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 17. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 1— Overview 1.1 City of Eagle Statement of Purpose The purpose of the Eagle Comprehensive Plan is to develop a set of guidelines that the City will use to promote the health, safety, and general welfare of the residents who live in the City of Eagle and its Area of City Impact (AOI). To achieve that purpose, the City of Eagle will strive: A. To protect property rights and enhance property values. B. To ensure that adequate public facilities and services are provided to the people at reasonable cost. C. To ensure that the economy of the City of Eagle and its AOI is protected and enhanced. D. To ensure that the important environmental features of the City and its AOI are protected and enhanced. E. To encourage urban and urban -type development within the incorporated city. F. To avoid undue concentration of population and overcrowding of land. G. To ensure that the development of land is commensurate with the physical characteristics of the land. H. To protect life and property in areas subject to natural hazards and disasters. I. To protect fish, wildlife, and recreation resources. 1.5 - Relationship to the City of Eagle Zoning Ordinance Idaho Code §67-6511 states that "zoning districts shall be in accordance with the adopted plan." In general this means that zoning must be "in keeping" with a comprehensive plan if one exists. Further, the Eagle City Zoning code requires consistency between the comprehensive plan and affected zones at the time of rezoning. Additional zoning classifications may be needed to ensure the accurate implementation of this sub -area plan. Page 8 of 52 K:\Planning Dept\Eagle Applications'Preliminary Development Plans\20ITBald Eagle Pointe Sub pzf.doc Chapter 2 — Property Rights 2.4 - Implementation Strategies A. Land use development regulations should be designed to protect the health, safety and welfare of the community, and to avoid any unnecessary conditions, delays and costs. B. The protection and preservation of private property rights should be a strong consideration in the development of land use policies and implementation standards and regulations and as required by law. C. The Comprehensive Plan and implementing ordinances should strive for stable and consistent policies regarding development densities and requirements. D. All changes in the comprehensive plan and land use entitlement should be reviewed in compliance with this plan and the visioning plan for the western area. (Map 2.1) Chapter 4 — Schools, Public Services and Utilities 4.1- Background Public utilities, facilities, and services are necessary for the overall welfare of the public and are generally available to Eagle residents. The City and special districts provide the basic services of water, sewer, school, police, fire and library to residents. With Eagle's growing population comes the need for increased Public services and the necessity to improve existing service delivery systems. B. The Eagle Sewer District which provides sewer service within a designated sewer service area. Larger lot homes have wells and septic systems and must comply with Central District Health Department requirements. D. United Water, Eagle Water Company, and the City which provide water to Eagle residents. Some private water systems and wells are also used. E. Ada County Sheriffs Office which provides police services on a contract 4.9.2 - Other Services and Utilities Objectives A. Discourage overlapping service areas and/or illogical service boundaries. B. Strive for continued cooperation between service providers, utility providers and the City of Eagle. C. Ensure that access to services and utilities is readily available in the City, the AOI and the foothills so that access issues do not create conflicts with the overall goals and objectives of this Comprehensive Plan. Chapter 5 — Economic Development 5.1 - Background The economic development component of the Comprehensive Plan presents a discussion of the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.3 - Economic Development Goals A. Ensure the ability for the City to continue to fund, improve and support itself, including infrastructure, without the use of building permit fees, impact fees and zoning fees. B. Identify areas that will provide significant employment opportunities to the residents of the City of Eagle thereby allowing the City to be a desirable place to live, work, and recreate. Page 9 of 52 K:\Planning Dept\Eagle ApplicationsWreliminary Development Plans\2017\Bald Eagle Pointe Sub pzf doc C. Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased business activity and nonresidential use so as to preserve larger areas as primarily residential neighborhoods. D. Increase available jobs within the City of Eagle to levels comparable with adjacent communities. Chapter 6 — Land Use 6.3 - Land Use Designations Development density shall be calculated by project. Unused density for undeveloped or underdeveloped land adjacent to or within the same land use designation will not be transferred or used to "balance" or "maximize" densities within an area. Clustering will only be allowed as specified in the "Parks, Recreation, and Open Spaces" chapter of the Comprehensive Plan. For the purposes of this comprehensive plan, the density shall be defined as the ratio of the total number of dwelling units within a project divided by the total project area. Should that number be a fraction, it shall be rounded up to the nearest whole number, except where the comprehensive plan details a fractional density, and then the density shall not exceed the number described in the comprehensive plan. The land use designations on the Comprehensive Plan Land Use Map, and as may be referred to within the text of the Comprehensive Plan, are defined on the Land Use Designation Matrix, Table 6-1, and Zoning Compatibility Matrix, Table 6-2, and are as follows: The Comprehensive Plan Land Use applicable land use categories for this site are: 6.3.2 Residential Estates Suitable primarily for single family residential development on acreages may be in transition from agricultural to residential use or may combine small scale agricultural uses with residential uses. An allowable density of up to 1 unit per 2 acres. 6.3.3 Residential One Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 1 unit per 1 acre. 6.3.4 Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. 6.3.8 Residential Transition Residential development that provides for a transition of density within the planning area while keeping in context the density, scaling and lot sizes of existing or proposed uses. Commonly requires changes in lot dimensions and scaling, see specific planning area text for a complete description. 6.3.9 High Density Residential Suitable primarily for multi -family housing including apartments, town homes and duplexes within the urbanized setting adjacent to designated transit corridors. An allowable density of 8 to 20 units per 1 acre. 6.3.10 Mixed Use Suitable primarily for a variety of uses such as limited office, limited commercial, and residential developments. Uses should complement uses within Downtown Eagle. Development within this land use designation should be required to proceed through the PUD and/or Development Agreement Page 10 of 52 K:\Planning DeptEagle Applications\Preliminary Development Plans\20ITBald Eagle Pointe Sub pzf.doc process, see specific planning area text for a complete description. An allowable density of up to 20 units per 1 acre. 6.3.19 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. 6.4 - Land Use Goals A. Preserve the rural transitional identity of the City of Eagle. B. Ensure the ability for the city to continue to fund, improve and support itself (including infrastructure) without the use of building permit fees, impact fees and zoning fees. C. Identify areas that, due to the nature of existing uses, anticipated uses, and/or transportation corridors, will lend themselves to increased activity and non-residential use while preserving larger areas as residential neighborhoods. D. Preserve the function of regionally significant roadways transecting the City while ensuring compatibility with land uses and design standards of the City. E. Identify areas that will provide significant employment opportunities to the residents of the City of Eagle, thereby supporting the City as a desirable place to live, work, and recreate. 6.5 - Land Use Objectives A. To encourage the conservation and preservation of open spaces, sensitive habitat for plant and wildlife species, and unique areas based on diverse values within the City of Eagle B. To encourage development with decreasing density radiating out from Downtown Eagle as shown on the Land Use Map. C. To discourage lot splits in approved platted subdivisions. D. To establish the land use map and associated policies as the official guide for development in the City of Eagle E. To implement the land use map and associated policies through the zoning and development review process. 6.6 - Land Use Implementation Strategies A. Conserve the natural features and resources of Eagle. B. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. C. Provide for a broad spectrum of housing types including apartments, townhouses, condominiums, single-family attached, manufactured homes, affordable and subsidized housing and large -acreage developments. Page 11 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201'TBald Eagle Pointe Sub pzf.doc G. Locate higher -density residential development closest to Downtown Eagle and activity centers as shown on the Comprehensive Plan Land Use Map. I. Require residential subdivisions outside the City limits but within the Impact Area to comply with the Land Use Map. Cluster developments located outside the City limits but within the Impact Area shall not be permitted. Furthermore, residential subdivisions outside the City limits but within the Impact area shall be developed with lot sizes consistent with the respective land use designation as stated in Section 6.3 within this Chapter. K. Institute a PUD ordinance to facilitate and regulate cluster development. S. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222. T. Encourage a variety of housing through such mechanisms as PUD' s in subdivisions including large lot subdivisions. V. Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas that continue to promote the rural character of the City of Eagle. (See Map 6.1 & 6.2) Y. Require design treatments to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. Chapter 7 — Natural Resource and Hazard Areas 7.7 - Plants and Wildlife A wide variety of plant and animal species lives in the City and Area of City Impact (AOI) ranging from big game, game birds, large and small mammals, birds, reptiles, amphibians and fish. Of these, some are of special concern to federal and state agencies, either due to game management considerations or to risks to the species locally or regionally. The people in Idaho actively participate in outdoor related recreation on a regular basis (US Department of the Interior, Fish and Wildlife Service and US Department of Commerce, US Census Bureau. 2001 National Survey of Fishing, Hunting and, and Wildlife -Associated Recreation.). Plant and wildlife populations must be considered during planning processes to comply with federal and state laws, and: 1. To ensure that the important environmental features of the City and its AOI are protected and enhanced. 2. To protect plant, fish, wildlife, and recreation resources. (Eagle CP p.3) Species of concern include plants, as well as game and non -game species. Some of the game animals found within the City of Eagle or the Area of City Impact (AOI) include mule deer, elk, California quail, chukar, Hungarian partridge, and the ring-necked pheasant. A number of species have been identified by federal, state and local agencies as being of special concern due to decreasing numbers or loss of habitat. Non -game species of concern that may occur within the City of Eagle or the AOI include: • Two amphibians: the northern leopard frog, and Woodhouse's toad; • Two snakes: the ground snake, and longnose snake; • Five raptors: the bald eagle, peregrine falcon, ferruginous hawk, merlin and western burrowing owl; • Four other birds: the mountain quail, long -billed curlew, loggerhead shrike, and lesser goldfinch; Page 12 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans \2017 Eagle Pointe Sub pzf.doc • Four bats: the long-legged myotis, pallid bat, Townsend's big -eared bat, and western small -footed myotis; • Two other mammals: the southern Idaho ground squirrel and Merriam's shrew, and • Two plant species: slick spot peppergrass (Lepidium papilliferum) and Aase' s Onion (Allium aasea). (None of these species have Federal protection, and only one, the southern Idaho ground squirrel, is a candidate for Threatened and Endangered Species classification) Wildlife in the City of Eagle and the AOI also include the more common and much watched animals typically observed while living, working and recreating here. These include diverse songbirds, waterfowl, ospreys, foxes, coyotes, badgers, raccoons, beaver, otters and muskrats. Watching the activities of these animals deepens the daily and recreational experiences in Eagle. 7.8 - Hazard Areas The Floodplains of the Boise River and Dry Creek constitute the only hazard areas within the Eagle AOI. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consist of two parts: (1) the floodway which is the most severe area of flooding characterized by deep and fast moving water; and (2) the floodplain which is less severe than the floodway and is characterized by shallower and slower moving waters at the time of flooding. The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably flood due to seasonal weather conditions. A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a recreational area and/or a nature area, may be encouraged in the 100 -year floodplain of the Boise River and Dry Creek. The floodway is shown as a generalized area only on the Land Use Map. The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code for definitions of terms relating to the floodplain areas.) 7.9 - Goals A. Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation/nature areas when implementing planning and zoning decisions. B. To provide special concern and attention to the preservation of native wildlife, fish and plants, water resources, air quality, agriculture, open space and recreation/natural areas when implementing planning and zoning decisions. C. Recognize the importance of wildlife habitat, and plan development to maintain and enhance native wildlife. 7.9.1 - Objectives A. To provide and protect riparian habitat that provide crucial food, shelter and water for resident and migratory wildlife by protecting existing and rehabilitating degraded riparian corridors. B. To provide upland wildlife with adequate open space to minimize the disturbance of human actions. C. To provide large areas of connectivity between areas of wildlife usage for the seasonal migration and dispersion of big game, migrating birds, and other species. Page 13 of 52 KAPlanning Dept\Eagle Applcations\Pteliminary Development Plans\201TBatd Eagle Pointe Sub pzf doc D. To protect unique and important features such as rare plant populations, colonial wildlife features, rare species, springs and high quality native plant communities. E. To integrate development into the landscape in order to avoid destruction of habitat. 7.9.2 - Policies A. Encourage development with a small footprint on the land, leaving large contiguous areas of open space in perpetuity. B. Link protected habitat areas with each other using areas of limited development. C. Encourage the City to develop working relationships with Idaho Department of Fish and Game. D. Consider wildlife issues when developing housing and transportation corridors. E. Encourage water conservation and wildlife habitat through the use of native vegetation in developments and transportation corridors. F. Encourage innovative water resource protections; use gray water for landscape and limit uses of fertilizer and pesticides. G. Encourage control of invasive and noxious weed species throughout AOI. 7.9.3 - Implementation Strategies A. Establish a detailed environmental review process and approval process that recognizes the importance of plant and wildlife habitat, including the following features: 1. Emphasizes connectivity between areas; 2. Development of a rapid environmental review template for use in all foothill areas; 3. Clear description of additional assessments needed if there are issues of concern, such as the presence of rare plants or a raptor nest; 4. Process to provide all species inventory information to the Idaho Conservation Data Center (CDC); 5. Process to consult with State and Federal Wildlife Agencies on big game impacts for all Foothills development; 6. Process to develop a community recreation plan in conjunction with a regional plan; and 7. A process to design and incorporate an integrated pest management plan for the AOI and each individual development. B. Require developers to complete an environmental assessment and mitigation plans prior to final plan submittal. This will include a species inventory and report on any species of concern, and will incorporate wildlife habitat in transportation considerations. C. Require developers in sensitive areas (Foothills or riparian areas) to retain at least 40% of the gross acreage as open space in large contiguous blocks. D. Require developers to demonstrate funding for long term habitat mitigation projects, including habitat rehabilitation, resident education, weed control, water project development, and others as necessary. E. Establish a process to review transportation corridors for wildlife impacts; traffic speeds may be limited in areas adjacent to riparian corridors, in seasons of high wildlife use, or at night to avoid collision. This avoids the necessity of faunal crossings; these bridges or tunnels provide access across the roadway to all species. Of particular problems are fences and barricades. These should Page 14 of 52 KAPlanning Dept\Eagle Applcations\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc be avoided if possible. Chapter 8 — Transportation 8.2 - Street Classifications A roadway system must include a number of streets, each of which are designated to handle a particular type and amount of traffic. The Community Planning Association (COMPASS) Functional Street Classification Map illustrates the various classifications of roadways that are included in the Ada County roadway system. The Eagle section of the COMPASS Functional Street Classification Map and Regional Transportation Plan should consider the City of Eagle Transportation/Pathway Network Maps #1 and #2. • Collector streets intercept traffic from local streets and carry the traffic to the nearest arterial street. Collector streets may extend for one or more miles and serve to connect the developed areas within a section to the arterial roadway network. Collectors may provide access to larger parcels or developments with high trip generation. On -street parking is typically prohibited. • Local streets serve to provide direct access to the abutting properties, individual homes or small traffic generators. On -street parking is typically permitted. 8.2.4 - Collectors Mobility Function: The primary function of a collector street is to intercept traffic from local streets and carry the traffic to the nearest arterial street. A secondary function is to service abutting property. The collector street may serve motorized and non -motorized transportation needs, and be designed with the minimum street section to accommodate the projected vehicle volume and in conformance with the current Long Range Transportation Plan of COMPASS. On -street parking is typically prohibited. Access Function: To provide limited and controlled access to commercial and industrial areas and to residential neighborhoods. Direct lot access is typically restricted. The City's Access Management Plan should be the final determination of any site access plan. Right-of-Wav: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 8.2.6 - Local Roadways Mobility Function: The primary function of a local street is to serve abutting property. Local streets are to be designed to allow on -street parking and discourage continuous or unobstructed flow of traffic through residential neighborhoods. Access Function: To normally provide abutting properties with unrestricted access to the local street unless the street is a local commercial street, in which case access restrictions may apply. Right -of -Way: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. Page 15 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017Bald Eagle Pointe Sub pzf.doc 8.4 - Goals A. Roadway System Goals 1. Develop a transportation system to serve the planned land uses of the City of Eagle and its Area of Impact. The transportation system should provide regional connectivity to neighboring cities and regions. 2. Maintain the functional and connectivity of the street system for current users, emergency response efforts, and for use by future generations. 3. Using sound land use and transportation relationships, develop alternate routes or corridors for ACHD planners to evaluate that best emphasize the needs of developing areas while lessening the potential for congestion. This is typically implemented through the development review process. 4. Protect and buffer homes, businesses, sidewalks and pathways, parks and opens spaces from the adverse impacts of roadways and traffic. Reasonable design measures should include narrower street sections, medians, alleys, landscaping, pathways and trails, and the design of bridges and other structures. 5. Develop an access management plan for the arterial, collector and local street system. Communicate the access management plan to the ITD, the ACHD and the local development community. 10. Protect and support the existing and planned roadway system connecting the City of Eagle to the area south of the Boise River. Protect the operational integrity of the existing river crossings at Eagle Road and Linder Road. Support the current regional plans to develop two new river crossings in the SH -55 and SH -16 alignments. 12. Protect community identity and values of important roads from unnecessary expansion by adopting specific designs and cross sections for these roads (ie: North Eagle Road). C. Pathway System Goals 1. Encourage the development of a local and regional pathway system. The design of the pathway system should be coordinated with other elements of the City's Comprehensive Plan. The pathway system is to provide basic mobility for some and a non -drive alone mode for everyone. 2. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20-26 corridors. 3. Support the concept and goals of demand management strategies, such as telecommuting, ride - sharing, park-and-ride facilities, etc. to reduce overall travel demand. 8.5 - Objectives A. Encourage completion of the existing street system and creation of new links, within reasonable constraints, as the transportation system develops. C. Maintain a land use decision-making process that is supportive of the operational characteristics identified in the most recent Regional Transportation Plan for Ada County of record, and which is protective of living environments along streets. Balance the regional need for connectivity with the local needs of accessibility. D. Ensure that corridor planning, roadway route selection and other transportation system development consider the impact on the development potential of adjacent and under- developed lands. Page 16 of 52 K:\Planning DeptWagle Applications\Preliminary Development Plansl2OlTBald Eagle Pointe Sub pzf.doc E. Promote land use policies that limit access as necessary to maintain safe and efficient operation of the existing street system while allowing reasonable access to individual development parcels. F. Maintain safe and comfortable neighborhoods by minimizing speeding and cut -through traffic while avoiding cul-de-sac streets that isolate individual neighborhoods. G. Coordinate with the Community Planning Association (COMPASS), Ada County Highway District (ACHD), Valley Regional Transit (VRT), and the Idaho Transportation Department (ITD) to ensure consistency between transportation system improvements and the land use plans and decisions of the City of Eagle and surrounding city and county governments. 8.6 - Implementation Strategies 8.6.1 - Roadway Strategies A. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Community Planning Association (COMPASS) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1, #2, #3 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Community Planning Association for input into the Community Planning Association's Functional Street Classification Map and Regional Transportation Plan. C. The most recently adopted Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. F. Integrate all modes of travel to reduce travel and support air quality improvement measures. G. Encourage roadway design standards and roadway classifications that are consistent with the Idaho Transportation Department (ITD), Ada County Highway District (ACHD), Community Planning Association COMPASS, and other agencies that may be responsible for roadway planning and design. I. Evaluate the impact to the City of all roadway improvements and roadway extensions. K. Work regionally to integrate the pathway system with the ongoing planning and design efforts for the SH -44, SH -16, SH -55 and US 20-26 corridors. 8.6.2 - Specific Design Strategies A. Encourage sidewalks that are separated from the curb on all streets, except for areas where Eagle City Code requires sidewalks to abut the curb and where existing buildings, inordinate environmental impacts, or other impacts make setting the sidewalk back infeasible. Meandering sidewalks should be required if permitted under the Americans with Disabilities Act (ADA) and where space permits. A planter strip of sufficient width for street trees between the sidewalk and roadway should be required. Where adequate facilities exist, efforts should be made to provide a canopy effect over the roadways. The type of street trees used should be those that have root systems that have proven to not cause sidewalk or curb damage when in close proximity to such improvements. Root barriers should be required. C. Support the access restriction policies of the Ada County Highway District and the Idaho Transportation Department at a minimum. The access restrictions shall be based upon the most stringent future use of the roadway. Temporary accesses may be considered in areas with a developing regional roadway network. D. Limit access to all arterial streets. Page 17 of 52 K:tPlanning Dept \Eagle Applications\ Preliminary Development Plans \201TBald Eagle Pointe Sub pzEdoc E. Discourage direct lot access to parcels abutting arterial and collector streets. G. Develop methods, such as cross -access agreements, frontage and backage roads, to reduce the number of existing access points onto arterial streets. J. Encourage planning of local roadway systems that will provide for intra -neighborhood connectivity. The connecting roadways should be designed to not become collectors and to discourage traffic from cutting through neighborhoods to go from a collector or arterial to another collector or arterial. Such intra -neighborhood connectivity is for emergency and delivery vehicles and for local intra -neighborhood access. L. ork with Ada County Highway District, local developers and neighborhoods in the operation of a local traffic -calming policy that balances the needs of the roadway, the drivers, pedestrians, bicyclists, and the traveling public. 8.6.3 - Transit Strategies A. Encourage park and ride lots within the City and Impact Area as development occurs or as part of a major corridor plan. The SH -44, SH -16, SH -55 and US 20-26 corridors have the greatest potential. Impacts to existing or planned neighborhoods should be considered. B. Coordinate with ACHD and the regional transit authority to encourage the development of transit system amenities (shelters, bus turnouts, etc.) with the any major activity centers along major arterial corridors and in others areas as the need develops. C. Encourage the development of transit system amenities (shelters, bus turnouts, etc.) within the Village Center, along major arterial corridors and in others areas as the need develops. E. Develop transit supportive corridors along SH -44, SH -16, SH -55 and US 20-26. 8.6.4 - Pathway Strategies A. Encourage new development to provide for pedestrian, equestrian, and bicycle circulation in accordance with the City of Eagle Transportation/Pathway Network Maps #1, #2, #3, adopted local and regional pathway plans, as may be needed for intra -neighborhood connectivity and to ensure that bike and pedestrian traffic is not unnecessarily pushed out onto arterials and collectors. B. Encourage the provision of equestrian, pedestrian and bicycle safety and comfort with enhanced pedestrian crossings of the State Highways (Highway 44 and Highway 55). Pedestrian/bicycle overpass or underpass crossings should be considered. Also, at grade intersection enhancements, such as landscaping, crosswalk pavers and signage, for pedestrian/bicycle safety and comfort, should be considered. 8.6.5 - Land Use and Parking Strategies E. Establish and require minimum setbacks between developments and roadways and to encourage installation of berms and landscaping for all developments to enhance safety, provide noise attenuation and to enrich the roadway or community appearance. Special considerations may be required for Foothills developments. F. Establish a system to review the cumulative effect of the impacts to the transportation system from development. G. When reviewing land use amendments, zone changes, master plans, conditional uses and other significant entitlement requests, take into consideration the impact of the project on street levels of service. The City' s preferred standards shall be those identified for new streets in ACHD' s Development Policy manual, or its successor. Service level impacts shall be minimized through project modifications, traffic management plans, street improvement plans or other means. Page 18 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzfdoc K. All new developments shall be reviewed for appropriate opportunities to connect to local roads and collectors in adjacent developments. L. New developments shall be required to stub access to adjacent underdeveloped parcels, where appropriate. Chapter 9 — Parks, Recreation and Open Spaces 9.3 -Future Conditions As the City of Eagle grows, new parks and facilities will be needed to meet the recreation needs of the community. There will be a demand for more parkland including pathways, practice fields and ball fields as well as a skateboard park. The completion of Reid Merrill Sr. Park, Ada County Sports Park and the new entrance to Eagle Island State Park may meet current needs. Land acquisition for future park sites and pathways is vital in order to develop land for pathways and neighborhood parks. There will also be a need for indoor facilities and recreation programs. One cost effective method available to the City is to pursue joint venture development and use opportunities with the school district. The City of Eagle values its river, creeks, canals, and foothills. Opportunities for the City include maintaining drainage and canal corridors and rights-of-way to establish a pathway system. New development projects will provide for pathway circulation in accordance with adopted local and regional pathway plans. A Pathways Committee would review development proposals to ensure pathways continuity. Maintaining these corridors will add community identity and ensure the quality of recreation in Eagle. These areas are the habitat of a variety of species (e.g., fish, eagle, etc.) and play an important role in the community's ecology. 9.4.1 - Parks Goal A. To create ample areas and facilities for our residents' diverse indoor and outdoor park and recreational interests. 9.4.2 - Objectives A. To develop parks and recreational programs which meet the different needs, interests, and age levels of our residents in both the rural and urban areas. B. To plan and design parks for sustainability and conservation of natural resources. C. To provide a system of neighborhood parks where safe and convenient access is available to residents. D. Provide a system of interconnected parks, trails and open spaces throughout the City. E. To dedicate and develop areas for parks in new residential developments. 9.4.3 - Policies A. Acquire land for future parks in neighborhood and community settings at a rate that meets or exceeds the national standards. B. Seek innovative funding sources for acquisition, planning, design, construction, and maintenance of parks. C. Ensure all City parks are managed and maintained in a cost effective manner for the enjoyment of the public. 9.4.4 - Implementation Strategies A. Develop policy to preserve, in perpetuity, established parks and land acquired for parks. Page 19 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\20ITBald Eagle Pointe Sub pzf.doc E. Aggressively explore public/private or intergovernmental agreements to assist in park acquisition, development, and recreational opportunities. G. Create an ordinance that requires developers to dedicate and establish parks in new developments. 9.5 - Pathways and Greenbelts Pathways are non -motorized multi -use paths that are separate features from bicycle and pedestrian lanes constructed as a part of a roadway. Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the Boise River and Dry Creek) and are designed to prevent undesirable encroachment. Greenbelts may include pathways and/or bike lanes. 9.5.1- Goal A. To create a pathway system that provides interconnectivity of schools, neighborhoods, public buildings, businesses, and parks and special sites. 9.5.2 - Objectives A. To create a pathway system that reflects desire to have a pedestrian and bicycle friendly community. B. To provide a network of central and neighborhood paths where residents are able to safely access and utilize pathways for alternative forms of transportation. E. Require all development to provide developed pathways for connection to Eagle's public pathway system and/or adjoining development's public pathway system. G. Improve/provide access to greenbelt/pathway east of Eagle Road on the south side of the North Channel of the Boise River. H. Acquire pathway easements on the north side of the North Channel. J. Identify connections between trail sections and existing and future parks and open spaces. O. Provide separate and safe pathway crossings for Highways 55 and 44 at key pathway intersections. 9.5.3 - Implementation Strategies A. Create ordinances that require developments to provide improved pathway systems with links to adjoining pathway systems, parks, and open spaces. F. Prioritize greenbelt and pathway development: 1) greenbelt/pathway system along the Boise River; 2) greenbelt/pathway system along the Dry Creek; 3) corridor preservation along future planned pathways and irrigation features; and 4) road crossings. 9.6 - Open Space Open space is land which is not used for buildings or structures and offers opportunities for parks, recreation, water amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and wildlife habitat. 9.6.1 - Goal A. To provide wherever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, flood plains and flood ways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public use and enjoyment. Page 20 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201TBald Eagle Pointe Sub pzfdoc 9.6.2 - Objectives A. To establish open space to protect the finite resource base of Eagle' s natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. B. To provide an open space setting for active and passive recreation for all age groups throughout the community. C. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. D. To protect the natural lay of the land (e.g., minimize land disturbance). E. To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. F. To protect important views, vistas, and panoramas of the community' s natural setting and environment. 9.6.3 - Policies 0 A. To encourage cluster development within the City limits so as to retain open space in perpetuity. Cluster developments located outside the City limits but within the Impact Area shall be prohibited. B. To encourage the City to develop working relationships with other agencies/entities to establish and protect open space. 9.6.4 - Implementation Strategies A. Require developers to utilize open space for above -ground, on-site storm water management (i.e., grassy swales, constructed wetlands, and water features). B. Explore public/private or intergovernmental agreements to set aside and protect open space (i.e., land trusts, conservation easements, and memorandums of understanding). C. Create an ordinance that requires developers to include set asides for open space. D. Establish guidelines for open space set asides. E. Develop a comprehensive beautification plan that includes but is not limited to open space such as road rights-of-way, abandoned road segments, and City entryways. F. Develop a storm water management plan to include utilization of onsite open space for storm water management features. G. Create an ordinance that requires developers to dedicate and establish open space/parks in new developments. Encourage developers to identify and preserve wildlife mitigation corridors. Chapter 10 — Housing 10.1- Background The Eagle area is transitioning from primarily agricultural land uses to residential and commercial land uses. Eagle' s quiet charm and agricultural roots have made the community a mecca for those seeking larger lots for open space and gentleman farming. Over the last years much of the agricultural land has been divided into a variety of parcel sizes which are highly sought after by many urban residents. Density options that reconcile quality of life and costs of services issues must be balanced and will require compromise by all parties. Page 21 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc 10.2 - Goal A. Encourage a variety of housing so that all residents can choose sound, affordable homes that meet individual needs. 10.3 - Implementation Strategies A. Encourage a wide diversity of housing types and choice between ownership and rental dwelling units so that adequate, affordable housing is available for all income groups. B. Coordinate the location of all housing with the ability to be served by adequate public facilities and services. Chapter 11- Special Areas and Sites 11.1- Background and Vision "Special Areas and Sites" are defined as areas, sites or structures of historical, archaeological, architectural, ecological, or scenic significance. Special areas or sites should be analyzed according to their defined function. Whenever possible, these sites should be preserved and conserved as open spaces or for educational and cultural centers. Development of Special Areas or Sites should take place in a manner that reflects harmony with their natural environment and recognizes qualities which render them distinctly unique. The Boise River Floodplain, the Head of Eagle Island, the Dry Creek Floodplain, and the North Foothills each possess a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. These special areas will require comprehensive and specific planning to ensure that such topographical, hydrological, ecological, architectural and scenic concerns have been thoroughly addressed and incorporated into any engineering and development plans. The special review process should include, but not be limited to the following: Area wide drainage including hillsides, foothills and gulches ❑ Water quality ❑ Sanitation ❑ Area -wide traffic plans ❑ Pathways and trail access ❑ Wetlands issues O Fish and wildlife habitat O Existing trees and natural features O River and creek greenbelt areas O Potential for permanent open space and natural preserves including steep hillside terrain, rock outcroppings and foothill gulches. 11.2 - Recognized Special Areas and Sites Boise River Floodplain The Boise River Floodplain is designated as a special area due to its ecological and scenic significance. The area comprises the two channels of the Boise River, the island formed by the two channels and the land immediately adjacent to the channels as generally depicted on the Comprehensive Plan Land Use Map. Page 22 of 52 K:\Planning Dept\Eagle Applications\PreWninary Development Plans\2017 \Bald Eagle Pointe Sub pzf.doc 11.3 - Goal A. To promote the conservation and efficient management of all Special Areas and Sites. 11.4 - Implementation and Strategies A. Protect and improve natural and man-made waterways. B. Continue to develop and improve City design guidelines to encourage preservation of Eagle's historic buildings and guide new development to reinforce the town' s special quality and "turn of the century" character. C. Research other opportunities to enhance the viability of Downtown Eagle such as strengthening cultural activities for Eagle. D. Consider development of a community center to support multiple uses as well as to encourage special events and gatherings that focus activity in Downtown Eagle. E. Expand the existing historic style lighting and beautification efforts throughout Downtown Eagle. F. Create a vibrant Downtown and encourage the preservation of downtown Eagle as a special and unique place. G. Preserve existing trees and establish appropriate landscaping as a part of new developments. H. Encourage the preservation of habitat areas which provide for fish and wildlife. I. Establish ordinances requiring developers to prepare and submit environmental assessments and any such additional reports as the City may from time to time require, for any development on land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. J. Require a plan for the restoration of land which shall be made available to the Planning and Zoning Commission and City Council for each parcel of land that is located within a special Area or Site and that is proposed for the extraction of sand, gravel, rock, or other mineral resource. Chapter 12 — Community Design 12.1 -Vision Over the next 20 years, the City of Eagle is forecasted to experience high growth rates that without proper management and planning will impact the quality of life and housing options available to its residents. Rather than ignore the growth pressures that are currently shaping most Treasure Valley communities, the City of Eagle is looking at options that will embrace housing alternatives and transit density but will also preserve the rural nature of the City. 12.2 - Goals A. Protecting the City' s character: Strive to create an aesthetically pleasing community and protect the unique natural beauty and small town character of the City. B. Maintaining a functioning City at build out: Ensure that the City can continue to fund, improve and support itself, including its infrastructure and parks, at build -out when building permit fees, impact fees and zoning fees are no longer available. C. Preserving Regional Transportation Corridors (State Highway 55, 20/26, 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. Page 23 of 52 K:\Planning Dept\Eagle Applications\ Preliminary Development Plans\201TBald Eagle Pointe Sub pzEdoc D. Identifying "Activity Centers": Identify areas that, due to the nature of existing uses, future uses and/or transportation corridors, will lend themselves to increased activity and non-residential use and will therefore allow the City to preserve larger areas as primarily residential neighborhoods. 2.3 - Objectives A. Enhance the appearance of the City' s entry corridors. Design review procedures should guide future development and redevelopment of existing uses. Depending on land uses and buildings, more extensive landscaping and fewer points of access may be required. The design review process will enable the City to address the special features of each property and facility in a manner that will best address the overall intent of enhancing Eagle's entryways. Eagle's entrance corridors may take on the look of landscaped berms like those built adjacent to the Banbury and Lexington Hills Subdivisions. C. Provide residents of the City of Eagle and the Area of City impact with opportunities to seek housing in a neighborhood of their choice. D. Create a clearly identifiable community. 12.4 - Implementation Strategies A. Establish and maintain development patterns and design criteria in keeping with the rural transitional identity of Eagle. B. Include in the City Design Review Ordinance criteria for building design, landscaping, signage and other aesthetic standards. Development along State Street within the Impact Area and outside the City limits shall be encouraged to comply with the Design Review Ordinance. D. Preserve the floodway in its natural state for such uses as greenbelt, wildlife habitat, and recreational open space agriculture. J. Require new residential, commercial, and industrial development to meet minimum design standards as specified by City Ordinances. L. Develop buffer and transition zones between conflicting types of land use. N. Encourage the preservation of natural resources such as creeks, drainages, steep slopes, and ridgelines as visual amenities. Q. Encourage the development of pathways and open -space corridors throughout the City. V. Maintain the rural residential character and open space environment n and around the City. DD.Encourage the preservation and public access to open space through developments and as a rural design element of urbanizing areas. HH. Provide a variety of housing opportunities ranging from large lot residential to multi -family apartment uses. Chapter 13 — Implementation 13.5 - Comprehensive Plan Amendments From time to time, changing conditions will result in the need for comprehensive plan amendments. The Land Use Planning Act provides for amendment to the Comprehensive Plan. The City Council or any group or person may petition the City Planning and Zoning Commission for a plan amendment at any time. On its own initiative, the City Planning and Zoning Commission may originate an amendment to the Comprehensive Plan. However, the City Planning and Zoning Commission may recommend amendments to the Comprehensive Plan to the City Council not more frequently than Page 24 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\20I7Wald Eagle Pointe Sub pzf.doc every six (6) months; however text amendments may be recommended at any time. 13.6 - Goal A. The Eagle Comprehensive Plan and related ordinances are working documents used by citizens and City leaders to shape the future of Eagle. 13.7 - Implementation Strategies A. Update the zoning and subdivision ordinances to be in conformance with the adopted Comprehensive Plan as required by state law. B. Charge the Planning and Zoning Commission to be responsible to review the status of the implementation actions and critique the relevance of the Comprehensive Plan, including recommending any amendments to City Council on an as -needed basis. C. Require any person applying for a Comprehensive Plan amendment to submit a justification letter for the amendment which letter shall include the following: 1. A specific description of the change being requested. 2. Specific information on any property involved. 3. A description of the condition or situation which warrants a change being made in the Plan. 4. A description of the public benefit(s) that would occur from such a change in the Plan and an explanation of why the public would need any such benefit(s). 5. An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan. 6. A proposed development plan for any land involved if a specific development is planned at the time the request for the amendment is being made. 7. An analysis showing the estimated impact that the proposed change is expected to have on existing and planned infrastructure. 8. Any other data and information required by the City for the evaluation of the request. 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 Regulations for the R-3 (Residential) zone: Zoning Maximum Front Rear Interior Street Maximum Minimum Minimum District Height Side Side Lot Lot Area Lot Covered (Acres Or Sq. Width I* Ft.) G And H* 1R-3 1135' 1 30' 25' 17.5' 20' 140% 1110,000 1175' 1 B. Additional 5 feet per story side setback is required for multi -story structures. Height not to exceed maximum allowed within the zone. G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk. Page 25 of 52 K:\Planning Dept\Eagle ApplicationsWreliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc • Eagle City Code Section 8-2A-7: Landscape and Buffer Area Requirements: J. Buffer Areas/Common Lots: 1. Definition: A transition zone or buffer area consists of horizontal space (land) and vertical elements (plants, berms, fences, or walls). The purpose of such buffer space is to physically separate and visually screen adjacent land uses which are not fully compatible due to differing facilities, activities, or different intensities of use, such as townhouses and a convenience store, or a high volume roadway and residential dwellings. 4. Major Roadways: New residential developments, including, but not limited to, subdivisions and multi -family developments, shall be buffered from streets classified as collectors, arterials, freeways, or expressways, to protect residential communities from noisy, potentially dangerous, high speed roads. The "buffer area" shall be defined as a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area open space owned and maintained by a homeowners' association. Any landscaping proposed to be within the public right of way shall not be included as a part of the buffer area required below. The height for berming/fencing, as noted below, shall be measured from the elevation of the final grade of the adjacent roadway (measured at the centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: c. Any road designated as a principal arterial on the transportation and pathway network plan in the Eagle comprehensive plan: A minimum of seventy five feet (75') wide buffer area (not including right of way) shall be provided with the following plants per one hundred (100) linear feet of right of way: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of the shade trees are substituted. A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof shall be provided within the buffer area. The maximum slope for any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided, in combination with the berm, a four foot (4') wide flat area shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code Section 8-6-2: Effect of other Zoning Provisions: A. Whenever there is a conflict or difference between the provisions of this chapter and those of the other chapters of this title, the provisions of this chapter shall prevail. Subjects not covered by this chapter shall be governed by the respective provisions found elsewhere in this title. B. In addition to the requirements of this chapter, planned unit developments shall also be subject to the requirements set forth in chapter 2, article A, "Design Review Overlay District", of this title; title 10, chapter 1, "Flood Control Regulations", of this code; and title 9, "Land Subdivisions", of this code. Page 26 of 52 K:\Planning Dept\Eagle Applications\ Preliminary Development Plans\2017 \Bald Eagle Pointe Sub pzf.doc • Eagle City Code Section 8-6-5-5: Arrangement of Residential Units: A. All lots within the PUD shall comply with the minimum lot size in the underlying zone as established in section 8-2-4 of this title, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. As an incentive to submit a PUD versus a standard subdivision, the initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to ten percent (10%) of the site. This allowance shall only be permitted under the following criteria: 1. The total common area open space shall be equal to or greater than twenty percent (20%), inclusive of the "offsetting increase" square footage. 2. A favorable finding by the council must be obtained assuring that character, identity and architectural and siting variation are incorporated into the development and that these factors make up a substantial contribution to the objectives of the PUD. These design elements are as follows: a. Landscaping, streetscape, open spaces and plazas, use of existing landscaping, pedestrianway treatment and recreational areas; b. Siting, visual focal points, use of existing physical features such as topography, view, sun and wind orientation, circulation pattern, physical environment, variation in building setbacks and building grouping (such as clustering); and c. Design features, street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features and varied use of housing types. 3. Setbacks for modified lots sizes shall conform with the closest compatible base zone under section 8-2-4 of this title. • Eagle City Code Section 8-7-3: Conditional Use Permit: 8-7-3-2: General Standards for Conditional Uses: The Commission/Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following standards and shall find adequate evidence showing that such use at the proposed location: A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the zoning district involved; B. Will be harmonious with and in accordance with the general objectives or with any specific objective of the comprehensive plan and/or this title; C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; D. Will not be hazardous or disturbing to existing or future neighboring uses; E. Will be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or Page 27 of 52 KAPlanning Dept\Eagle Applications'Preliminary Development P1ans\2017 \Bald Eagle Pointe Sub pzf.doc that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services; F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; G. Will not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; H. Will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares; and I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance. C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-1-6: Rules and Definitions: LARGE SCALE DEVELOPMENT: A subdivision, the size of which consists of fifty (50) or more lots or dwelling units. • Eagle City Code Section 9-3-5: Lots: Lots shall conform to the following standards: A. Zoning: Lots within any subdivision shall comply in all respects with the official height and area regulations as set forth in section 8-2-4 of this code, except that lot sizes that vary from the standards within section 8-2-4 of this code may be considered as part of the planned unit development. • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the City Council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-9: Water System: The provision of a public water system shall conform to the following standards: A. All subdivisions within the Eagle city water service area shall comply with title 6, chapter 5 of this code. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or Page 28 of 52 K:\Planning Dept\Eagle Applications\Prel minary Development Plans\2017\Bald Eagle Pointe Sub pzfdoc unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Location: 2. In addition, pathways may be required to connect sites other than those noted above: a. When there is evidence that a pedestrian/cyclist would otherwise be forced to travel alongside a designated arterial roadway, or other roadway that may be hazardous for nonmotorized forms of travel, in order to reach the desired destination D. Pathway Design: While the city may exercise considerable discretion in determining the design of pathways, the following minimum standards shall be followed: 1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width. Micropathways within subdivisions which are designed for primary use by the residences of the subdivision shall be a minimum eight feet (8') wide and shall be located within a sixteen foot (16') wide pedestrian access easement, however, in an area where low volume pedestrian traffic is anticipated, the council may consider a reduction in pathway width to six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located within a twenty foot (20') wide pedestrian access easement. 3. A five foot (5') wide landscaped area/building and fence setback, as measured from both edges of the paved path, shall be required, and will be owned by either the abutting property owner(s) or a homeowners' association unless accepted by a public entity. The five foot (5') wide landscaped area on either side of the pathway may be decreased to a minimum of two feet (2') wide (as measured from the edge of asphalt to the easement line) when used in conjunction with a meandering pathway, however, the total width of the landscape area shall not be less than ten feet (10') (i.e., 2 feet on one side of the path and 8 feet on the other). For safety purposes, planting material in this area is limited to three feet (3') in height. The landscape, fence and building regulations for this area shall be indicated by a note on the plat. 6. In order to design for crime prevention, the following design standards will be followed: a. The use of "see through", open fencing, such as wrought iron, is preferred, as it provides better visibility from adjacent homes or buildings. Solid fencing is prohibited. E. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction, maintenance and/or liability for a pathway. Installation costs, which may include construction of the paved path, are the responsibility of the developer. 1. Homeowners' Association: a. Pathway systems within a proposed subdivision providing access to private common space and/or other amenities that are used solely by the residents of a subdivision shall be the responsibility of the homeowners' association. b. Where the residents of a subdivision will be the primary beneficiaries of a pathway, and travel from adjoining neighborhoods will be minimal, a homeowners' association may be required to take responsibility for that path. Page 29 of 52 K:\Plamting Dept\Eagle Applcations\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. • Eagle City Code Section 9-5-4: Planned Unit Development: A planned unit development is a mechanism by which the city may permit a variety in type, design, and arrangement of structures; and enable the coordination of project characteristics with features of a particular site in a manner consistent with the public health, safety and welfare. A planned unit development allows for innovations and special features in site development, including the location of structures, conservation of natural land features, conservation of energy and efficient utilization of open space. Large scale developments as defined herein shall be submitted as planned unit developments. • Eagle City Code Section 9-5-5: Large Scale Development Subdivision; Required Information Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts shall be submitted as planned unit developments. Due to the impact that a large scale development would have on public utilities and services, the developer shall submit the following information along with the preliminary plat: A. Identification of all public services that would be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection; B. Estimate of the public service costs to provide adequate service to the development; C. Estimate of the tax revenue that will be generated from the development; and D. Suggested public means of financing the services for the development if the cost for the public services would not be offset by tax revenue received from the development. D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 10-1-1: Findings of Fact and Purpose: B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public money for costly flood control projects; 3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; 5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that Page 30 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub pzf.doc flooding may occur, and advise of information available to the city regarding flood hazards, studies and available options; 8. To ensure that those who occupy the areas of special flood hazard assume responsibility for their actions; 10. To restrict or prohibit uses which are injurious to health, safety or property in times of flood, which result in environmental damage, or that cause increased flood heights or velocities; 11. To minimize the impact of development adjacent to waterways on adjacent properties upstream, downstream and across waterways; 12. To review development plans for property adjacent to waterways to minimize the obstruction of the conveyance of floodwaters, review drainage/obstructions to flood carrying capacity, and guide development adjacent to waterways toward the most appropriate building envelope for its particular site; 13. To carry out the provisions of the comprehensive plan as well as health, safety and welfare with regard to properties adjacent to waterways; 14. To review landscaping and access for flood carrying capacity and preservation or enhancement of riparian vegetation; 15. To allow the river and creeks and their adjacent lands to convey floodwaters to minimize property damage; 16. To regulate uses in the floodplain for the purpose of preserving, protecting, and enhancing the abundance and diversity of fish, wildlife and riparian resources; and 17. To protect, preserve and enhance the waterways and floodplains as a recreation resource. • Eagle City Code, Section 10-1-2: Methods of Accomplishing Purpose: In order to accomplish its purpose, this chapter includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; • Eagle City Code, Section 10-1-5: Rules and Definitions: AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain subject to one percent (1%) or greater chance of flooding in any given year. Designation on maps always includes the letters A or V. Areas of special flood hazard shall include all areas previously identified within the areas of special flood hazard (ASFH) that have been excluded from the ASFH by a letter of map revision (LOMR-F). FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot (1'). 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. Page 31 of 52 K:'Planning Dept\Eagle Applcations\Preliminary Development Plans\20I7 \Bald Eagle Pointe Sub pzf.doc 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. • Eagle City Code, Section 10-1-8-2: General Building Requirements: E. 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 special flood hazard by letter of map change require certification by a registered professional engineer demonstrating that the lot or structure is "reasonably safe from flooding", as defined in section 10-1-5 of this chapter. The elevation certificate must verify the elevation of the lowest floor or lowest adjacent grade to be one foot (1') above base flood elevation. • Eagle City Code, Section 10-1-8-5: 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, 2-23-1999; 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 Page 32 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf doc demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge; and uses within the floodway shall be restricted to those which are required by public necessity (for example, bridges; water pumps), recreational use (for example, paths), wildlife habitat improvements (for example, vegetation; nesting structures; pool/riffle improvements), and gravel extraction; provided that the use/encroachment meets the approval of the federal emergency management agency and national flood insurance program and does not jeopardize the city's participation in the national flood insurance program. 3. Subsection D1 of this section shall comply with all applicable flood hazard reduction provisions of this section 10-1-8. 5. All buildings shall be set back a minimum of one hundred feet (100') from the floodway line. Except that when the area of special flood hazard boundary is one hundred feet (100') or less from the floodway line, the boundary line shall be the setback line. 6. No development is permitted within the twenty five foot (25') setback from all waterways called the riparian zone and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank, and removal of trees or other vegetation is regulated in accordance with this chapter. 7. For all subdivisions along the Boise River, prior written approval from Flood Control District 10 is required to protect access to the river for maintenance. 8. Compensating excavation in accordance with an engineered plan for orderly conveyance of floodwater, or equivalent mitigating measures may be performed in the floodway when certified by a registered professional engineer. Mitigation 'design shall include provisions to prevent relocation or diversion of flow paths from causing increased jeopardy to any off site property at any level of flooding from the 1 -year flood up to the base flood. Maintenance provisions for excavated areas prone to fill from sediment and other debris shall follow the requirements of subsection 9-3-2-5C of this code for private streets. 9. In the design of public and private parks and open space areas, fixed structures or equipment that would impede floodwaters shall not be permitted within the floodway. E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1-6 of this chapter, are areas designated as riparian areas. Since riparian areas provide critical flood management and fish and wildlife habitat, the following provisions apply: 1. Preservation or restoration of the inherent natural characteristics of the river and creeks within the floodplain; 2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot (25') setback or riparian zone; 3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot (25') riparian zone with the exception of approved stream stabilization work. The Eagle city council may approve access to property where no other primary access is available. Private pathways and staircases shall not lead into or through the riparian zone unless deemed necessary by the Eagle city council. Page 33 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\201TBald Eagle Pointe Sub pzfdoc 4. Plan and time frame shall be provided for restoration of riparian vegetation damaged as a result of the work done; 5. New or replacement planting and vegetation shall include plantings that are low growing and have dense root systems for the purpose of stabilizing stream banks and repairing damage previously done to riparian vegetation. Examples of such plantings include: red osier dogwood, common chokecherry, serviceberry, elderberry, river birch, skunk bush sumac, beb's willow, drummond's willow, little wild rose, gooseberry, and honeysuckle. E. DISCUSSION: • The site in question contains 3.37 -acres of Boise River Floodway as designated by FEMA and as such the acreage of the amendment should be reflective of this use. The acreage should be 37.78 - acres of "Residential Two" and 3.37 -acres of "Floodway". • The site in question is along State Highway 44 at the western and southern boundary of the "Park Lane Planning Area". The land uses designations in the Park Lane Planning area are "High Density Residential" and "Mixed Use". Densities approved to the north of the site are 3.4 -units per acre in the Eaglefield Village development and 1.78 -unit per acre in HCR -Level 3 development to the east. • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (3)) within the 2011 Comprehensive Plan, the applicant must show, "the condition or situation which warrants a change being made in the elan." In the applicant' s justification letter, date stamped by the City on March 14, 2017, the applicant states the following: "Without the requested change in the Land Use designation and Text, the residential use of the property, along with the proposed density needed to develop this property, would not be possible." • The "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (4)) seeks to identify "the public benefit that would occur from such a change in the plan." In the applicant' s justification letter, date stamped by City on March 14, 2017, the applicant states the following: "The City of Eagle will benefit by including this property in it Area of Impact and City limits, through the logical and efficient extension of services to the development site." • Under the "Comprehensive Plan Amendment" section (Chapter 13, Section 13.7 (c) (5)) the Applicant must provide "An explanation of why no other solutions to the condition or situation which warrants a change in the Plan are possible or reasonable under the current policies of the Plan". The applicant's justification letter date stamped by the City on March 14, 2017, the applicant states the following: "In order for this property to develop, given the costs to the applicant to extend services, including but not limiting to sewer, water and public streets, a higher density is necessary to defer some of those costs." • According to policy 12.2 D the City should "Identify areas that, due to the nature of existing uses, future uses and/or transvortation corridors, will lend themselves to increased activity and non- residential use and will therefore allow the City to preserve larger areas as primarily residential neighborhoods." The site is located just south of the intersection of State Highway 44 and Moon Valley Road. This intersection is planned to be signalized consistent with the Idaho Transportation Department Standards. Additionally, the through the development approvals to the north Escalante Drive will be extended to provide the north leg of the intersection. The transportation demands of the State Highway and the limited location for signalized access warrant the consideration of a density Page 34 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc change in this area. • According to policy 6.6 & Y, the City should: "Maintain a Future Land Use Map that encourages higher densities around activity centers and transit routes but also provides for large residential areas that continue to promote the rural character of the City of Eagle...Require design treatments to provide compatibility of new development with existing development by considering such issues as building orientation, increased setbacks, height limitations, size restrictions, design requirements, fencing, landscaping or other methods as determined through the development review process. • According to 6.8.4.C(1), the River Plain Residential Area should "be recognized as a uniquely "Eagle" residential area providing large lot residential uses (up to 1 unit per 1-2 acres) with views of the Boise River.." • According to 6.8.4.D(1), "the main concern in the development of the area is the integration of lot sizes and housing styles..." • According to 6.8.4.D(4), "Special concern should be made for the floodway and floodplain to limit uses that are not consistent with the delicate nature of the area." The change in the land use designation to "Residential Transition" allows the development design to address both the activity and intensification that would be expected along State Highway 44 while also providing for design elements such as building orientation, increased setbacks, height limitations, and size restrictions to be used to buffer the existing large lot area and the Boise River Special site. • As policy, the City does not amend the comprehensive plan without either specific subarea text to serve as a guide for a future rezone of the property or an application for a rezone and a development agreement that will specifically enumerate and condition the intensity of the development on the site. This application includes both text to guide the uses to be allowed on the site, as well as a development agreement to limit density and detail minimum lot sizes. Staff recommends that a resolution amending the City of Eagle Comprehensive Plan not be approved until the City has received an executed development agreement for the site. • The applicant has provided a preliminary development plan and preliminary plat, date stamped by the city on May 3, 2017, which contains 71 -lots (63 buildable, 8 common) with a proposed density of 1.67 dwelling units per acre (not inclusive of floodway area). The applicant is requesting deviations from the standard dimensional requirements required pursuant to Eagle City Code as identified within the provided narrative, preliminary development plan, and preliminary plat, date stamped by the city on May 3, 2017. Those items include minimum lot size, reduced setbacks, and a request that the 30 -foot wide perimeter maintenance easement not be required around the pond as required pursuant to Eagle City Code Section 94-1-9. • The applicant is proposing a development with lots ranging in size from 9,120 -square feet to 39,159 -square feet. The minimum lot size for lots located within the R-3 (Residential) zoning district is 10,000 square feet. Pursuant to Eagle City Code Section 8-6-5-5(A), all lots within a PUD shall comply with the minimum lot size in the underlying zone as established in Eagle City Code Section 8-2-4, except that a decrease in the minimum lot size may be allowed if there is an "offsetting increase" of the same square footage in open space and a favorable finding is made by the council that the smaller lots are appropriately integrated into the overall design and that the building product type is compatible with the PUD and surrounding area. The initial starting point for minimum open space, prior to any "offsetting increase" being added, shall be the area that is equal to 10% of the site. Based on the proposed lot sizes and the "offsetting increase" of open space required, the minimum open space for the development is 8.23 -acres or 20% of the subject Page 35 of 52 K:\Planning Dept\Eagle Applications\Preliminry Development Plans\20ITBald Eagle Pointe Sub pzf.doc site. The preliminary plat, date stamped by the city on May 3, 2017, indicates that 15.65 -acres of open space is being provided within the development. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes are required to conform to the closest compatible setbacks within the base zone identified in Eagle City Code Section 8-2-4. The applicant is requesting a R -3 -DA -P (Residential with a development agreement — PUD) zoning designation. The required setbacks within the R-3 (Residential) zone are as follows: Front 30 -feet Rear 25 -feet Side 7.5 -feet Street Side 20 -feet Maximum Coverage 40% The applicant is requesting the following setbacks: Front 15 -feet (living) 20 -feet (garage measured from back of sidewalk) Rear 25 -feet Side 5 -feet One -Story, 7.5 -feet Two -Story (7.5' required, 5' — two-story) Street Side 20 -feet Maximum Coverage 40% The preliminary plat, date stamped by the city on May 3, 2017, notes a 15 -foot wide public utility, irrigation, and lot drainage easement is located over 15 -feet adjacent to any public street. Based on the location of the easement and the proposed front setback no porches will be permitted to project into the required front yard setback, based on the location of the easement. The applicant is proposing a side setback of 5 -feet with an additional 2.5 -feet for two-story structures. Although the applicant is requesting reduced side yard setbacks the lots are in conformance with the minimum lot width (75 -feet) for the R-3 (Residential) zoning district. Therefore, the applicant should be required to comply with the side yard setbacks required pursuant to Eagle City Code Section 8-2-4. Staff recommends the following setbacks: Front 15 -feet (living) 20 -feet Rear 25 -feet Side 7.5 -feet Additional Setback for Multi -story structures 5 -feet per story Street Side 20 -feet Maximum Coverage 40% • The preliminary plat, date stamped by the city on May 3, 2017, shows 19 -lots located adjacent to the southern boundary ranging in size from 13,800-30,647 square feet. The River Plain Planning Area identified within the comprehensive plan identifies that north of the Boise River the lot patterns shall be a continuation of large lot clusters found in Moon Valley Ranch up to 1 unit per 2 acres. The applicant should be required to provide larger lots adjacent to the Boise River to provide a transition to the surrounding area. The transition could be achieved by reducing the number of buildable lots located adjacent to the southern boundary by three (3) lots, the reduction would also allow for a better mix of lot sizes within the development. The applicant should provide a revised preliminary development plan/preliminary plat showing three (3) buildable lots Page 36 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Eald Eagle Pointe Sub pzf.doc removed from the area located adjacent to the southern boundary of the development. The revised preliminary development plan/preliminary plat should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat, date stamped by the city on May 3, 2017, shows an existing access road from S. Chastain Way to an unplatted parcel located adjacent to the southwest corner of the proposed subdivision. The preliminary plat also references that there is an access easement benefitting the adjacent property. The plat does not contain any references to instrument numbers which would indicate the easement is recorded. The applicant should provide a revised preliminary plat with a note referencing the access easement and easement instrument number associated with the access road providing access to the adjacent property (to the south) prior to submittal of the final development plan/final plat applications. • The preliminary plat, date stamped by the city on May 3, 2017, shows a proposed access road and existing access road located adjacent to the southern boundary of the proposed subdivision. The preliminary plat also notes a 20 -foot wide Little Pioneer Canal easement located west of the power service panels for the solar powered head gate. The existing access road is located adjacent to the southern boundary between the east boundary line and the power service panels for the solar powered head gate (as identified on the preliminary plat). There is also a recorded 25 -foot wide pedestrian easement located east of the solar powered head gate. The applicant should provide a copy of the recorded easement associated with the Little Pioneer Ditch Company's access easement. The recorded easement should be referenced on the final plat prior to the City Clerk signing the final plat. • The preliminary plat, date stamped by the city on May 3, 2017, identifies a Little Pioneer Ditch Company, Boise Flood Control District No. 10, and Homeowner's Association access pathway located adjacent to the eastern boundary between W. Polecat Drive and the southern boundary. The applicant should be required to provide a recorded access easement (located south of W. Polecat Drive adjacent to the east boundary line) for Little Pioneer Ditch Company and the Boise River Flood Control District No. 10. The access easement should be noted on the final plat prior to the City Clerk signing the final plat. • The preliminary plat, date stamped by the City on May 3, 2017, delineates and notes a 10 -foot wide pond maintenance and pressure irrigation easement located around the two (2) ponds within the development. Pursuant to the City of Eagle Pressure Irrigation Standards a minimum 30 -foot wide perimeter easement from the top of bank is required around irrigation ponds for maintenance. Since the maintenance easement will be located within the backyards of the buildable lots that are contiguous to the ponds the easement should be clear of any encroachment (i.e. fencing, trees, shrubs, landscape rocks, etc.). The applicant should be required to provide CC&Rs requiring that the 10 -foot wide pond maintenance and pressure irrigation easement located around the irrigation ponds should remain clear of any encroachments (i.e. fencing, trees, shrubs, landscape rocks, etc.). • Plat note #6 of the preliminary plat, date stamped by the city on May 3, 2017, states, "This subdivision will be subject to the terms of a development agreement with the City of Eagle." The plat note does not identify the rezone application number associated with the development agreement. The applicant should be required to provide a revised preliminary plat with plat note #6 revised to state, "This development is subject to the development agreement associated with RZ- 03-17 and any subsequent modifications." The revised preliminary plat should be provided prior to submittal of the final development plan/final plat applications. • Plat note #8 of the preliminary plat, date stamped by the city on May 3, 2017, states, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Eagle or as otherwise approved in the development agreement." Page 37 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans'2017 \Bald Eagle Pointe Sub pzf.doc The subject development is being considered as a planned unit development with a R-3 (Residential) zoning designation, therefore, the setbacks will be contained within the preliminary plat site specific conditions of approval and not the development agreement. The applicant should be required to provide a revised preliminary plat with plat note #8 revised to state, "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." The revised preliminary plat should be provided prior to submittal of the final development plan/final plat applications. • The preliminary plat, date stamped by the city on May 3, 2017, delineates and notes a 10 -foot wide maintenance and pressure irrigation easement. Pursuant to the city's Pressure Irrigation Standards, Section IV, Design Standards for storage ponds a minimum 30 -foot perimeter easement measured from top of bank is required for the maintenance of the pond. The City Council has previously approved a reduced easement width provided the easement is shown and noted on the plat. Although the note on the preliminary plat shows the width of the easement the note does not contains a plat note which identifies whether if the easement is non-exclusive and appurtenant to the adjacent common lot. The applicant should be required to provide a revised preliminary plat with a new plat note that states, "The 10 -foot wide pressure irrigation and pond easements shown or dedicated hereon are non-exclusive, shall run with the land, are appurtenant to the adjoining common lot, and are hereby reserved for access to and maintenance of the pressurized irrigation system and ponds located within Lot 1, Block 2, and Lot 7, Block 3." The revised preliminary plat should be provided prior to submittal of the final development plan/final plat applications. • The applicant's narrative, date stamped by the city on March 15, 2017, states that a pathway connection to the future greenbelt and river access to the south will be provided. The preliminary plat, date stamped by the city on May 3, 2017, lists a river pathway as an amenity. The preliminary plat delineates a 10 -foot wide pathway located within Lot 1, Block 1, adjacent to West State Street. The preliminary plat does not identify if the pathway is public. The preliminary plat also does not delineate a regional greenbelt pathway located adjacent to the Boise River. Pursuant to Eagle City Code Section 9-4-1-6, 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. The applicant should provide and construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, minimum ten foot (10') wide public pathway along the portion of the Property located adjacent to the Boise River. The owner should also construct a ten foot (10') wide concrete pathway located adjacent to West State Street. The pathways should be constructed concurrently with Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location, design, and construction standards of the pathways should be reviewed and approved by the City of Eagle Park, Pathway, and Recreation Commission prior to submittal of a design review application. 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 should 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 prohibited. • The preliminary plat, date stamped by the city on May 3, 2017, shows two (2) common lots (Lot 3, Block 2 and Lot 24, Block 3) at five -feet (5') in width. The purpose of the common lots is to allow a building to be constructed utilizing an interior side yard setback instead of a street side setback. Based on the narrow width of the common lot a structure could be constructed within 12.5 -feet of the sidewalk. The applicant should provide a revised preliminary plat showing Lot 3, Block 2 and Lot 24, Block 3, to be a minimum of 10 -feet in width. The revised preliminary plat should also contain a new plat note that states, "No driveways providing access to a residence should be constructed across a common/open space lot." The revised preliminary plat should be provided Page 38 of 52 K:\Planning Dept\Eagle Applications \Preliminary Development Plans\2017 \Hald Eagle Pointe Sub pzf.doc prior to submittal of the final development plan/final plat applications. • Moon Lakes Ranch Subdivision is located adjacent to the western boundary of the proposed subdivision. Moon Lakes Ranch Subdivision consists of large lots which two (2) of the lots are adjacent to the boundary of the proposed subdivision. The preliminary plat, date stamped by the city on May 3, 2017, shows Lot 2, Block 3 to be 20,763 square feet in size and 100 -feet in width. The applicant should be required to provide a revised preliminary development plan/preliminary plat showing the removal of Lot 2, Block 3, to increase the size of the lots and provide a transition in lot sizes located adjacent to Moon Valley Ranch Subdivision. The revised preliminary plat should be provided prior to submittal of the final development plan/final plat applications. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested comprehensive plan text and map amendment, annexation, rezone with development agreement, conditional use permit, planned unit development, and preliminary plat with conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission on June 19, 2017, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning and Zoning Commission by three (3) individuals who indicated the following: • They were concerned with the additional traffic in the area. • They have a concern about a single ingress/egress access point and feel the development should have a secondary access point. • The proposed road to the east is located on their property and they have not been contacted by ACHD regarding a future road. COMMISSION DELIBERATION: (Granicus time 2:15:50) Upon closing the public hearing, the Commission discussed during deliberation that: • The Comprehensive Plan Map should be amended to Transitional Residential as recommended by staff. • The residential lots should be larger further into the site from the highway. • The applicant should be required to remove the smaller lot located adjacent to Moon Valley Ranch Subdivision. • The Commission understood the applicant' s request for a 5 -foot side setback, however, they support staff' s recommendation for a 7.5 -foot side setback. • They do not feel the pathways provided a substantial benefit to the subdivision. Page 39 of 52 K:\Planning Dept\Eagle Applications \Preliminary Development Plans \2017\Bald Eagle Pointe Sub pzf doc COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP AMENDMENT: The Commission voted 4 to 0 (Villegas absent) to recommend approval of CPA -01-17 for a comprehensive plan text amendment to the River Plain Residential Area and a map amendment from Residential One to Transitional Residential (37.78 -acres) and Floodway (3.37 -acres) for Martin, LLC, with the staff recommended changes to the text as shown below with underline text to be added by the Commission and strike through text to be deleted by the Commission: 6.8.4 River Plain Residential Area: 6.8.4.A(5): Use of transitional lot sizes. density. and clustering when new development abuts existing subdivisions, business and office use to the north; (See Illustration 6.4) 6.8.4.A(7): North of the Boise River the lot patterns shall be a ee i? aticr.:- transition of lot sizes from the mixed use and high-density areas in the Park Lane Planning Area to the large lot clusters in Moon Valley Ranch. The overall densities should transition from 2-3 units Der acre along State Highway 44 to up to 1 unit/2 acres in Moon Valley Ranch. 6.8.6 Moon Valley and State Planning Area: a. 6.8.6.A(5): Along Moon Valley Road, uses should be designed to allow safe and efficient pedestrian and bicycle access in addition to vehicular circulation. These neighborhood uses should be scaled and designed to be compatible and transitional in lot size with the residential uses located south of Moon Valley Road in the River Plain Planning area. COMMISSION DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT: The Commission voted 3 to 0 (Guerber and Villegas absent) to recommend approval of RZ-03-17 for a rezone from RUT (Rural -Urban Transition — Ada County designation) to R -3 -DA -P (Residential — with a development agreement - PUD) for Martin, LLC, with the following staff recommended conditions of development to be placed within a development agreement: 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 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 "C") 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 nay 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 59 -units and the maximum density of the property shall not exceed 1.48 dwelling units per acre (excluding floodway). 3.4 The conditions, covenants and restrictions for the Property shall contain at least the following: (a) An allocation of responsibility for repair and maintenance of all community and privately owned landscaping, pressurized irrigation facilities, and amenities. The 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 and that the homeowners association or other entity cannot be Page 40 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2017 \Bald Eagle Pointe Sub pzf.doc dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and corner lots to be open -style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. All other fencing (ie. cedar fencing, vinyl, chainlink) shall be prohibited. (c) A requirement that the 10 -foot wide pond maintenance and pressure irrigation easement located around the irrigation ponds shall remain clear of any encroachments (i.e. fencing, trees, shrubs, landscape rocks, etc.). (d) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. (f) A requirement that in the event any of the CC&R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8- 7-4-1. 3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall provide a pool located within a common lot centrally located within the development. The intent of the pool is to provide a venue for activities for the residents of the development. The building architecture and associated landscaping shall be reviewed and approved by the Eagle Design Review Board prior to submittal of a final plat application. 3.8 Owner shall submit a design review application showing at a minimum: 1) proposed development signage, 2) planting details within the proposed and required landscape islands and all common areas throughout the development, 3) elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if Page 41 of 52 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\201TBald Eagle Pointe Sub pzfdoc proposed), 5) useable amenities such as picnic tables, covered 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 of a final plat application. 3.9 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish & Game Department (if applicable), the Idaho Department of Water Resources (if applicable), Ada County, and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Applicant agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final plat application. 3.10 Owner shall provide an Existing Tree Inventory Map (inclusive of species and size) with the submittal of a Design Review application. Owner shall provide a narrative with the Existing Tree Inventory Map indicating how the trees will be incorporated into the design of the subdivision or mitigated prior to removal of the trees. No trees shall be removed from the site prior to city approval of a tree removal plan and replacement plan. 3.11 Owner shall provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application. 3.12 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.13 All buildings shall be setback a minimum of 100 -feet from the floodway line as identified on the Flood Insurance Rate Map (FIRM) associated with the site. 3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, minimum ten -foot (10') wide public pathway along the portion of the Property located adjacent to the Boise River. Owner shall also construct a ten -foot (10') wide concrete pathway located adjacent to West State Street. The pathways shall be constructed concurrently with Phase No. 1 of Bald Eagle Pointe Subdivision. The specific location, design, and construction standards of the pathways shall be reviewed and approved by the City of Eagle Park, Pathway, and Recreation Commission prior to submittal of a design review application. The pathways shall be located within 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 shall be prohibited. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 3 to 0 (Guerber and Villegas absent) to recommend approval of the Bald Eagle Pointe Planned Unit Development (Exhibit "A") for Martin, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval: 1. Comply with all conditions within the development agreement for rezone application RZ-03-17. 2. Comply with all requirements of the City Engineer. 3. 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. Page 42 of 52 KAPlanning Dept\Eagle Applications\Preliminary Development Plans \20I7 Bald Eagle Pointe Sub pzf doc 4. 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. 5. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 6. The required setbacks shall be as follows: Front 15 -feet (living) 20 -feet Rear 25 -feet Side 7.5 -feet Additional Setback for Multi -story structures 5 -feet per story Street Side 20 -feet Maximum Coverage 40% 8. Provide a revised preliminary development plan/preliminary plat showing three (3) buildable lots removed from the area located adjacent to the southern boundary of the development. The revised preliminary development plan/preliminary plat shall be provided prior to submittal of the final development plan/final plat applications. 9. Provide a revised preliminary development plan/preliminary plat showing the removal of Lot 2, Block 3, to increase the size of the lots and provide a transition in lot sizes located adjacent to Moon Valley Ranch Subdivision. The revised preliminary plat shall be provided prior to submittal of the final development plan/final plat applications. 10. Provide a revised preliminary plat with a note referencing the access easement and easement instrument number associated with the access road providing access to the adjacent property (to the south) prior to submittal of the final development plan/final plat applications. 11. Provide a copy of the recorded easement associated with the Little Pioneer Ditch Company's access easement. The recorded easement shall be referenced on the final plat prior to the City Clerk signing the final plat. 12. Provide a recorded access easement (located south of W. Polecat Drive adjacent to the east boundary line) for Little Pioneer Ditch Company and the Boise River Flood Control District No. 10. The access easement should be noted on the final plat prior to the City Clerk signing the final plat. 13. Provide a revised preliminary plat with plat note #6 revised to state, "This development is subject to the development agreement associated with RZ-03-17 and any subsequent modifications." The revised preliminary plat shall be provided prior to submittal of the final development plan/final plat application. Page 43 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf doc 14. Provide a revised preliminary plat with plat note #8 revised to state, "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." The revised preliminary plat shall be provided prior to submittal of the final development plan/final plat applications. 15. Provide a revised preliminary plat with a new plat note that states, "The 10 -foot wide pressure irrigation and pond easements shown or dedicated hereon are non-exclusive, shall run with the land, are appurtenant to the adjoining common lot, and are hereby reserved for access to and maintenance of the pressurized irrigation system and ponds located within Lot 1, Block 2, and Lot 7, Block 3." The revised preliminary plat shall be provided prior to submittal of the final development plan/final plat applications. (ECC 9-4-1-9[C][1]) 16. Provide a revised preliminary plat showing Lot 3, Block 2 and Lot 24, Block 3, to be a minimum of 10 -feet in width. The revised preliminary plat shall also contain a new plat note that states, "No driveways providing access to a residence shall be constructed across a common/open space lot." The revised preliminary plat should be provided prior to submittal of the final development plan/final plat applications. 17. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 18. 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 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 16001C0135H, (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 shall be provided prior to submittal of the final development plan/final plat applications. (ECC 10-1-8-5[E]) 19. 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 the final development plan/final plat applications. (ECC 10-1-8-5(F) 20. Bald Eagle Pointe Subdivision shall remain under the control of one Homeowner's Association. 21. 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. 22. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to submittal of a final plat application. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. Page 44 of 52 K\Planning Dept\Eagle Applications\ Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzlidoc 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. Page 45 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards.The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Page 46 of 52 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub pzf doc 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 Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required Page 47 of 52 K:\Planning Dept\Eagle Applcations\Preliminary Development Plans \2017 Eagle Pointe Sub pzEdoc improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed comprehensive plan amendment (CPA -01-17) and based upon the information provided concludes that the proposed comprehensive plan text and map amendment is appropriate because the Commission finds that the Transitional Residential and Floodway designations and text changes to the River Plain Residential Area is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." Because service providers have indicated an ability to serve and all services will be extended in to the area, all costs to extend services will be the responsibility of the developer and not the City of Eagle. b. The proposed change will provide for a "diversity of housing" within an area of transition between SH -44 and the existing Moon Valley Ranch "activity center" within the City's comprehensive plan. The site is located adjacent to a major transit route (SH -44) and the Boise River Greenbelt system. The proposed use will provide for a transition of of densities and a variety of housing opportunities within the area. c. The proposed change will allow for the property to better conform to the Comprehensive plan goals for properties located along "Regional Transposition Corridors" by limiting access to SH -44, providing a parallel collector to the arterial network, promoting local connectivity outside of the state highway system, and preserving, enhancing connectivity to the Boise River Greenbelt system, and providing habitat area along the Boise River. Page 48 of 52 K:\Planning Dept\Eagle ApplicationsWrelimmry Development Plans\201TBald Eagle Pointe Sub pzf. doc 2. The Commission reviewed the particular facts and circumstances of this proposed development agreement (RZ-03-17) 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 rezone is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The zoning designation of R -3 -DA -P (Residential with a development agreement — PUD) is consistent with the Residential Transition and Floodway designations as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zone is compatible with the MU -DA (Mixed Use with a development agreement [in lieu of a PUD]) and RUT (Rural - Urban Transition — Ada County designation) zones and land uses to the north since State Highway 44 separates this development from the properties located north of the state highway and a portion of area is proposed to be developed with a subdivision having higher density; d. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zone is compatible with the (RUT — Ada County designation) zone and land uses to the south since the development is bordered on the south by property with a conservation easement and the Boise River; e. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zone is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the east since the property contains a single-family residence and may be developed in a similar manner; f. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zone is compatible with the RUT (Rural -Urban Transition — Ada County designation) zone and land use to the west since that area is developed with residential subdivisions and the applicant is required to provide lots that provide a transition to the adjacent residential lots; The land proposed for rezone is located within a "Hazard Area" or "Special Area" as described within the Comprehensive Plan and the applicant will be required to submit applications to address the city's concerns regarding development within those areas prior to developing the property; h. No non -conforming uses are expected to be created with this rezone. 3. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-01-17/PPUD-01-17/PP-01-17) 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 development is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community because; The proposed development will provide a housing type that has proven demand within the city. The proposed development will advance the general welfare of the community and neighborhood since it is designed to be in conformance with the Comprehensive Plan. b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area because; The development will be designed to complement the general vicinity and provide aesthetically pleasing architecture to enhance the character of the area. The proposed development provides a variety of lot sizes to transition with the adjacent development and future developments. g. Page 49 of 52 K:\Planning Dept\Eagle Applications\Preluninary Development Plans\2017\Bald Eagle Pointe Sub pzf.doc c. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; The development will contain residential uses which will be compatible with the existing and future neighborhood uses. 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. The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by an internal network of public streets with stubbed right-of-way to the east for neighborhood connectivity. 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 because; The tax revenue generated from residents and businesses within Stillwater Subdivision will offset additional costs to public services that will serve this development. The applicant has already obtained will -serve letters from Eagle Sewer District and United Water of Idaho. ACHD and ITD have reviewed the proposed development and provided correspondence approving the development. f. That the development will not create excessive additional requirements at public cost for public facilities and services because; All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the Eagle Sewer District, City of Eagle Water Department, or ACHD. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. Also, the additional tax revenue received from the development will contribute to services such as schools, police, and fire protection. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal because; The development will contain 38% of dedicated open space consisting of two (2) ponds, swimming pool, tot lot, pathways, and a buffer located adjacent to West State Street. The applicant will also be required to submit a floodplain development permit to be reviewed and approved prior to beginning construction of the development. g. h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Access to the development will be from West Moon Valley Road providing access to State Highway 44. The interior streets will be public and will be constructed pursuant to the requirements of the Ada County Highway District. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; The scenic riparian area located near the Boise River will be left in its natural state. Page 50 of 52 K:\Planning Dept\Eagle ApplicationsTreliminary Development Plans \2017\Bald Eagle Pointe Sub pzf.doc J. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan because; The proposed development is in accordance with the Comprehensive Plan since the plan calls for Transitional Residential for the overall development. The floodway area will be maintained in its natural state. k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8 because; This applicant has requested approval for a development agreement and a PUD as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the applicant 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. The proposed development will include single-family residential units with lot layout as shown on the preliminary development plan. 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 because; Single-family residential is the only use approved for this development. m. Provide an estimate of the public service costs to provide adequate service to the development. 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 public services that will be provided to the development include the following: Fire The project is located within the Eagle Fire District. Police The project will be served by the Eagle Police Department. Water The project is located within City of Eagle Municipal Water Service area. Sewer The applicant will be required to comply with the requirements of the Eagle Sewer District. Road Construction The construction of all interior roads will be completed by the developer. Upon completion the roads will be dedicated to ACHD. Open Space The development will contain over 38% 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 Bald Eagle Pointe Subdivision Homeowner's Association. The public roads will be maintained by ACHD. The sewer and water systems will be publicly owned and maintained once installed. Page 51 of 52 KAPlanning Dept\Eagle Applcations\Preliminary Development Plans\2017 \Bald Eagle Pointe Sub pzf.doc Schools The residents of Bald Eagle Pointe Subdivision are located in the West Ada School District boundaries. n. Provide 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. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of the development the public service providers avoid potential liability and expenses. o. The estimated tax revenue generated to the City of Eagle from the development is approximately $347,038.00/year (without Homeowner's Exemption). p. Provide 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. The costs of public services for the development will be offset by the tax revenue generated by the homes located within the Bald Eagle Pointe development. DATED this 10th day of July, 2017 PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho Trent Wright, Chairman ATTEST: Sharon . Bergmann, Eagle City Cl: k Page 52 of 52 K:ti!'lanning Dept\Eagle Applications\PreWninary Development Plans\2017\Bald Eagle Pointe Sub pzf doc F N hl Op<1 LAKE RANCI1 SUBDIVISION BOOK 72. PAGES 7355-7357 U. 1 a 18: D to oa1EEE:1111 E 4 M v a a 1 6 pa LV .5 ! C=A a� IiE� COATI Unit; CI I E I BALD EAGLE POINTE C e SUBDIVIBI,, 4,1. L PRELIMINARY PLAT GOND N 9440019 11 A 14. 109•030. 1 MOM MMR 1 11152.18 ME EA a7MN. Ma Not 1 I 1 1 1 1 1 1 1 1 1 r- — ——/\ --1 �� 4;0. pas •IMO) .Iw �01��10'llllll111I���I�R�� 1i „d„ 1I9IHX3 DEVELOPER Wa•1 LLC 330 L 53131 1RNL 0R 14519134511. 1••93 154x4.q 1904494134 .e OWNERS OF RECORD MON LLC S39 E 4658 MNL OR. a31. KO. 53341 18. PW• w