Findings - 2017 - CPA-01-17/A-01-17/RZ-03-17/CU-01-17/PPUD-01-17/PP-01-17 - Comp Plan Text Amendment From R1 To Res 2/Rut To R3-Da-P/Cup/Ppdp & PpBEFORE THE EAGLE CITY COUNCIL
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/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 City Council for their action on July 25, 2017, at which time public testimony was taken
and the public hearing was closed. The Eagle City Council, having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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 53
K:\Planning Dept\Eagle Applications\Preliminery Development Plans \2017 Eagle Pointe Sub ccf.doc
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
July 6, 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 July 5, 2017. The site was posted in accordance with the
Eagle City Code on July 14, 2017.
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,.
density, 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 continuation of the large lot clusters found transition of lot size from mixed use
and high density in the Park Lane Planninz 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 size, with the residential uses located south of Moon Valley Road in the
River Plain Planning area.
Page 2 of 53
K \Planning Dept\Eagle Applications\Prelminary Development PIans\20lTBald Eagle Pointe Sub ccf.doc
G. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Residential One and
Floodway
Residential Two
Mixed Use and High
Density Residential
Floodway and
Residential Estate
Mixed Use,
Floodway and
Residential One
Professional Office
and Residential
Estate
ZONING
DESIGNATION
RUT (Rural -Urban
Transition — Ada County
designation)
R -3 -DA -P (Residential
with a development
agreement — PUD
MU -DA (Mixed Use with
a development agreement
[in lieu of a PUD]) and
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
RUT (Rural -Urban
Transition — Ada County
designation)
H. DESIGN REVIEW OVERLAY DISTRICT: Not in
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
LAND USE
Agriculture
Residential planned unit
development
Agriculture and proposed
Eaglefield Village
Subdivision
Conservation easement and
single-family residential
Single-family residence
Tealwood and Moon Valley
Ranch Subdivisions (single-
family residential)
the DDA, TDA, CEDA or DSDA.
Page 3 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub ccf.doc
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 65 -feet
Minimum Street Frontage 65 -feet
Total Acreage of Common Area
Open Space
15.65 -acres (inclusive of
planter strips)
Percent of Site as Common Area 38%
Open Space
* 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:
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.
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 fmal 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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans\20l7\Bald Eagle Pointe Sub ccf.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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \201 %Bald Eagle Pointe Sub ccf 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.
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).
Q.
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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \2017 Eagle Pointe Sub cef.doc
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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2017 Eagle Pointe Sub ccf doc
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.
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.
Page 8 of 53
K:'Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub cc£doc
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 Sheriff's 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.
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.
Page 9 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub ccf.doc
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
process, see specific planning area text for a complete description. An allowable density of up to 20
units per 1 acre.
Page 10 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans l2017\Bald Eagle Pointe Sub ccf.doc
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.
G. Locate higher -density residential development closest to Downtown Eagle and activity centers as
shown on the Comprehensive Plan Land Use Map.
Page 11 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans 12017\Bald Eagle Pointe Sub ccf.doc
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;
• Four bats: the long-legged myotis, pallid bat, Townsend's big -eared bat, and western small -footed
myotis;
Page 12 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017 \Hald Eagle Pointe Sub ccf.doc
• 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 defmitions 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.
D. To protect unique and important features such as rare plant populations, colonial wildlife features,
rare species, springs and high quality native plant communities.
Page 13 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \201 TBald Eagle Pointe Sub ccf.doc
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
be avoided if possible.
Page 14 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub ccfdoc
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 -Way:
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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans\201 RBald Eagle Pointe Sub ccf 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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \2017 Eagle Pointe Sub ccf.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 (ACID), 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 53
K \Planning Dept\Eagle Applications\Prelminary Development Plans \20I7\Bald Eagle Pointe Sub ccf.doc
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 53
K:\Planning Dept Applications\Preliminary Development Plans \2017 Eagle Pointe Sub ccf.doc
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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \20ITBald Eagle Pointe Sub ccf.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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doc
9.6.2 - Objectives
A. To establish open space to protect the fmite 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
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).
Create an ordinance that requires developers to include set asides for open space.
Establish guidelines for open space set asides.
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.
Develop a storm water management plan to include utilization of onsite open space for storm water
management features.
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.
C.
D.
E.
F.
G.
Page 21 of 53
K:'Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub a£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
❑ Fish and wildlife habitat
❑ Existing trees and natural features
❑ River and creek greenbelt areas
❑ 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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017 \Bald Eagle Pointe Sub ccf.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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \20I7 Eagle Pointe Sub cef.doc
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 53
K. \Planning DeptEagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.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
District Height Side Side
1R-3 1135'
1
30'
25'
Maximum Minimum Minimum
Lot Lot Area Lot
Covered (Acres Or Sq. Width I*
Ft.) G And
H*
17.5' 1120' 1140% 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 53
K:\Planning Dept\Eagle Applications\Preliminary Developmem Plans \201 TBald Eagle Pointe Sub ccf 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 fmal 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/omamental 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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201TBald Eagle Pointe Sub ccf.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 53
K:\Planning Dept'Eagle Applications\Preliminary Development Plans \201 TBald Eagle Pointe Sub cc£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 Defmitions:
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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201 TBald Eagle Pointe Sub ccidoc
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 53
K:'Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub cef.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 fmancing 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 53
K:\Planning Dept\Eagle Applications\Prelminary Development Plans \201 TBald Eagle Pointe Sub ccf 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 53
K:'Planning Dept\Eagle Applications\Prelminary Development Plans \201 TBald Eagle Pointe Sub ccf.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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doc
demonstrating that encroachments shall not result in any adverse impacts during the
occurrence of the base flood.
2. Encroachments, including fill, new construction, substantial improvements and other
development are prohibited unless certification by a registered professional hydraulic
engineer is provided demonstrating that encroachments shall not result in any increase in
flood 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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans\201 TBald Eagle Pointe Sub ccf.doc
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 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."
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 53
KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf 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 9-4-1-9.
• 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 fording 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 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\201TBa1d Eagle Pointe Sub ccf.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/fmal 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 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017 \Bald Eagle Pointe Sub ccf.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 fmal
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/fmal 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 fmal 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 53
KAPlanning Dept\Eagle Applications\Preiminery Development Plans\2017 \Bald Eagle Pointe Sub ccf doc
prior to submittal of the fmal 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 fmal 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
ACRD 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 53
K \Planning Dept\Eagle Applications\Prelminary Development Plans \2017 Eagle Pointe Sub ccf.doc
COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP
AMENDMENT:
The Commission voted 3 to 0 (Guerber and 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 amended text as provided within their fmdings of fact and conclusions of law document, dated July 10,
2017.
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 conditions of development to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
July 10, 2017.
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 CU-01-17/PPUD-
01-17/PP-01-17 for Bald Eagle Pointe Planned Unit Development for Martin, LLC, with the site specific
conditions of approval and standard conditions of approval as provided within their findings of fact and
conclusions of law document, dated July 10, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 25, 2017, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by one (1) individual (not
including the applicant/ representative) who indicated the layout of lots, open space, and landscaping
were very well thought out.
C. Oral testimony in opposition to the applications was presented to the Council by no one.
COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AND MAP
AMENDMENT:
The Council voted 4 to 0 to approve 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 Planning and Zoning Commission
recommended text as shown below:
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) (located within Chapter 6 — Land
Use — Comprehensive Plan)
6.8.4.A(7): North of the Boise River the lot patterns shall be a 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 per 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
Page 40 of 53
K \Planning Dept\EEagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doc
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.
COUNCIL DECISION REGARDING THE REZONE WITH DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve RZ-03-17 (Concept Plan — Exhibit "B") 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 Planning and Zoning Commission recommended changes to
the text as shown below with underline text to be added by the Council and strike through text to be
deleted by the Council:
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 3 -363 -units and the maximum
density of the property shall not exceed 1.4867 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
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.
(0 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
Page 41 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans 1201 TBald Eagle Pointe Sub cc£doc
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 fmal 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
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.
Page 42 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \2017 Eagle Pointe Sub ccf.doc
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 fmal plat(s) wherein the pathway is
located. Other than any pathways approved by Eagle, development within the Floodway shall be
prohibited.
COUNCIL DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND
PRELIMINARY PLAT:
The Council voted 4 to 0 to approve CU-01-17/PPUD-01-17 AND PP -01-17 for Bald Eagle Pointe
Subdivision (Preliminary Plat — Exhibit "A") for Martin, LLC, , with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of approval with
underline text to be added by the Council and strike through text to be deleted by the Council:
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.
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). The applicant shall be reauired to construct a solid style privacy fence made
of durable material located adiacent to the eastern boundary of the development. The privacy fence
shall be reviewed and approved by the Desian Review Board prior to installation.
Page 43 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \201 TBald Eagle Pointe Sub ccfdoc
6. The required setbacks shall be as follows:
Front
Rear
Side
Additional Setback for
Multi -story structures
Street Side
Maximum Coverage 40%
S. Provide a revised prc'.iv:ira-i
cd a6y'i
pxliv r ry develep mt Thad--pfe irirear;
development -plena -ma/ p at.<rli wtia s
15 -feet (living)
20 -feet (garage)
25 -feet
7.5 -feet
5 -feet per story
20 -feet
chaZl til
Elevelvpmzeit Y nal. chat The preliminary development plan/preliminary plat. date
stamped by the city on July 25. 2017. showing the redesign of Block 3 is approved as designed.
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 fmal development plan/fmal 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.
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 fmal development plan/fmal 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. Landscaping shall be allowed within the 10 -foot wide pressure irrigation and pond
easement.
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
Page 44 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub ccf.doc
revised preliminary plat should be provided prior to submittal of the fmal 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 fmal 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 16001 C0135H, (in effect at the time of fmal 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 fmal 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/fmal 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.
23. All fencing located in proximity to the ponds shall open style and be located a minimum of 20 -feet
from the pond high water mark.
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 fmal plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water 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.
Page 45 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017 \Bald Eagle Pointe Sub ccfdoc
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service, prior to the City Engineer signing the fmal plat.
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 fmal plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the 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 fmal plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the fmal
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the 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 fmal plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
Page 46 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doe
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 fmal plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
Whether located inside or outside of the public right-of-way the perpetual maintenance of the
street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or
homeowner's/business owner's association, whichever the case may be. The applicant shall pay
applicable street light inspection fees on the proposed subdivision prior to signing of the fmal plat
by the Eagle City Engineer.
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 fmal 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
Eagle City Attorney prior to the City Engineer signing the fmal 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
fmal plat.
Page 47 of 53
K \Planning Dept\Eagle Applications\Preliminary Development Plans \2017\Bald Eagle Pointe Sub ccf.doc
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 fmal 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 fmal 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 fmal 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 fmal plat. The applicant shall provide a fmancial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision
within one year following City Council approval shall cause this approval to be null and void,
unless a time extension is granted by the City Council.
Page 48 of 53
K \Planning Dept\Eagle Applcations\Preliminary Development Plans \201 TBald Eagle Pointe Sub ccf.doc
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 fmal 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 fmal 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 Council reviewed the particular facts and circumstances of this proposed comprehensive plan
amendment (CPA -O1-17) and based upon the information provided concludes that the proposed
comprehensive plan text and map amendment is appropriate 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." Service providers have indicated an ability
to serve and all services will be extended in to the area, therefore, 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.
2. The Council 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:
Page 49 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf doc
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 the 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 the applicant will be required to provide
a privacy fence between the properties, as requested by the property owner to the east and
approved by the Council;
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;
g. 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 Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-O1-17/PPUD-01-17/PP-O1-17) 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.
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
Page 50 of 53
K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doc
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 within Bald Eagle Pointe Planned Unit Development
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
ACRD. Because the developer provides the services in the initial stages of development,
therefore, 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 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.
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;
J•
Page 51 of 53
K:\Planning Dept\Eagle Applcations\Preliminary Development Plans\2017\Bald Eagle Pointe Sub ccf.doc
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.
Schools
The residents of Bald Eagle Pointe Planned Unit Development 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.
Page 52 of 53
KAPlanning Dept\Eagle Applcations\Preliminary Development Plans\20171Bald Eagle Pointe Sub ccfdoc
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of the
development, therefore, 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 Planned Unit Development.
DATED this 8th day of August, 2017
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST: •.•••••.01 pE Eq ���'••.
•` G �eOR9��v. ':
r;—�tir,,,r O
Sharon K. Bergmann, Eagle C ty Clerk k �•�
SEAL,
Page 53 of 53
K. \Planning Dept\Eagle Applications\Preliminnry Development Plans\2017 \Bald Eagle Pointe Sub ccf doc
MON LAKE RANCH SUBOPASION
BOOK 72, PAGES 7355-7357
j
•
•
N •.
8
8
D z
Immum
CIIrC�EC(��I
ogggemli
m �a
BALD EAGLE POINTE ----
SUBDIVISION
PREUMINARY PLAT
LOWED 14 0510611! 14.
MOW 4 35831 MX 1 TEST. BY
15 AK MU115. MO
gid!
�Cle
L_
I I
'if?
• i i
4 I11I 1 V11111l11111e ILII W1
I11R j11j 1dP ieaiill **i: * �xr
1 1
d.. I I9IHX3
DEVELOPER
MAIM Lit
555 E 1412.13 MVO- 01.
tetneN, 10A110 53541
OWNERS OF RECORD
RPM SC
536 E 1112.13 IML 5R
1.113110AN.
ti. 6 I510401
,x ;ACArf .p1tEY to
-
5C'E ST11:EE1
RECEIVED & iFGLEO
CITY OF EAGLE
File
,
it r
-amh:L24-Ee0e
�q : y .:t, -
--
�� l° .'r.' A044_f1 i BLOGY ' 17 it `
�� i IJ
;; 11.
1-1
13
\--
1
\ /
.1. '' .l1' '`' ms/1
.•';,\\ _ 1__ /dam! ry, w
,.....,/
,' Th
ALD EAGLE POINTE SUBDIVISION
ASTER FLAN
,01M u....,..v
MARTIN LLO`
5EKA13ABTR-I! pR
`IERIDIAN, i�.;HG Sea(. 30t1
GROLF-
„8„1I8IHX3