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Findings - CC - 2016 - CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15 - Williamson River Ranch (F.K.A.)Isla Del RioBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A COMPREHENSIVE PLAN MAP AMENDMENT, ) ANNEXATION, REZONE WITH DEVELOPMENT ) AGREEMENT, CONDITIONAL USE PERMIT, ) PRELIMINARY DEVELOPMENT PLAN, AND ) PRELIMINARY PLAT FOR WILLIAMSON RIVER ) RANCH (F.M.A. ISLA DEL RIO) PLANNED UNIT ) DEVELOPMENT FOR BUIE STODDARD GROUP 1 FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CPA-02-15/A-02-15/RZ-05-15/CU-02-15/PPUD-01-15/PP-03-15 The above -entitled comprehensive plan 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 consideration on September 27, 2016, at which time public testimony was taken. The City Council closed the public hearing for oral testimony and left the public hearing open for written testimony to be submitted by 5:00 PM, on Wednesday, October 4, 2016. The public hearing was continued to October 10, 2016, at which time the applicant provided rebuttal to the oral and written testimony and the public hearing was closed. The City Council made their decision at that time. 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: Buie Stoddard Group, represented by Tamara Thompson with The Land Group, Inc., is requesting a comprehensive plan map amendment to include 88.25 acres from the Boise City Comprehensive Plan (Boise City Land Use designation of "Large Lot') into the City of Eagle Comprehensive Plan (Eagle Land Use Designation of Residential Two — up to 2 units per acre) the applicant is also requesting an annexation, rezone from RP (Rural Preservation — Ada County designation) to R -2 - DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision, a 112 -lot (97 -buildable, 15 -common) residential planned unit development. The 88.25 -acre comprehensive plan site is generally located approximately 1,300 feet east of the eastern terminus of East Island Wood Drive and directly east of 850 E. Williamson Lane. The 74.32 -acre Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development site is generally located at the terminus of East Island Woods Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held on-site at 6:00 PM, on Tuesday, March 3, 2015, in compliance with the application submittal requirement of Eagle City Code. The applications for this item was received by the City of Eagle on April 3, 2015. The applicant submitted a revised preliminary development plan and a revised preliminary plat on January 29, 2016. The applicant submitted a revised preliminary development plan application and a revised preliminary plat application on February 29, 2016. A revised preliminary development plan/preliminary plat was provided on July 25, 2016. Page 1 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccEdoc 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 July 25, 2016. Notice of this public hearing was mailed to property owners within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 28, 2016. Requests for agencies' reviews were transmitted on May 12, 2015, and March 8, 2016 (revised applications, preliminary development plan, and preliminary plat), in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on August 4, 2016. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 12, 2016. Notice of this public hearing was mailed to property owners within three - hundred feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on September 9, 2016. The site was posted in accordance with the Eagle City Code on September 12, 2016. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: None E. COMPANION APPLICATIONS: FPDP-01-16 — A floodplain development permit to allow for site development within the area of special flood hazard. F. APPLICANT' STATEMENT OF JUSTIFICATION OF THE REZONE: See applicant's justification letter (attached to the staff report), date stamped by the city on January 29, 2016. G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's justification letter (attached to the staff report), date stamped by the city on January 29, 2016. Page 2 of 64 KAPlamting Dept\Eagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub cc1doc H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: I. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. SITE DATA: Total Acreage of Site — 88.25 -acres (Comprehensive Plan Map Amendment) 74.32 -acres (Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development) Total Number of Lots —112 Total Number of Units — 97 Residential — 97 Commercial — 0 Industrial — 0 Common — 15 Single-family — 97 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 3 of 64 KAPlanning Dept\Eagle ApplicationsTtelin inary Development Plans\2015Usla del Rio Sub ccf doc COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two, RP (Rural Preservation — Two (2) single-family Floodway, and Large Ada County designation) residential dwellings and Lot (Boise City agriculture Comprehensive Plan) Proposed Residential Two R -2 -DA -P (Residential Residential planned unit (area located within with a development development (northern 44 - the mapped Boise agreement — PUD) acres [approximately]) City Comprehensive Plan) North of site Mixed Use and MU -DA (Mixed Use with Boise River Floodway a development agreement Single-family residential [in lieu of a PUD]) (Renovare Subdivision No. 1) South of site Residential Two and RP (Rural Preservation — Single-family residence and Public/Quasi-Public Ada County designation) City of Boise wastewater (Boise City and M-2 (General plant Comprehensive Plan) Industrial — Boise City designation) East of site Floodway and Eagle RP (Rural Preservation — Vacant parcels (ponds) Island Special Use Ada County designation) Area West of site Residential Two and R -2-P (Residential — Single-family residential Floodway PUD) (Riversend Subdivision) I. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA. SITE DATA: Total Acreage of Site — 88.25 -acres (Comprehensive Plan Map Amendment) 74.32 -acres (Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development) Total Number of Lots —112 Total Number of Units — 97 Residential — 97 Commercial — 0 Industrial — 0 Common — 15 Single-family — 97 Duplex — 0 Multi -family — 0 Total Acreage of Any Out -Parcels — 0 Page 3 of 64 KAPlanning Dept\Eagle ApplicationsTtelin inary Development Plans\2015Usla del Rio Sub ccf doc Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.77 -dwelling units per acre* 1.77 -dwelling units per acre (as limited within the development agreement) Minimum Lot Size 10,038 -square feet** 17,000 -square feet (minimum) Minimum Lot Width 75 -feet 75 -feet Minimum Street Frontage 50 -feet 35 -feet Total Acreage of Common Area 33.98 -acres (inclusive of 15.54 -acres (based on the Open Space planter strips) offsetting open space required) Percent of Site as Common Area 45.72% 20.9% Open Space Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * Based on the area located outside of the floodway. ** A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. K. GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat, date stamped by the city on July 25, 2016, shows a 10 -foot wide greenbelt pathway, located within Lot 1, Block 3, in proximity to the Boise River. The preliminary plat also shows a buffer area located between the proposed lots located within the subject subdivision and the existing lots located within Riversend Subdivision No. 2. Open Space: The proposed development includes 33.98 -acres (45.72%) of common area. The common areas consist of 15 -common lots. The common lots consists of the proposed greenbelt pathway, ponds, and a community clubhouse and pool. Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how 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. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide. Page 4 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015S1sla del Rio sub ccGdoc Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) — No Pressurized Irrigation: The development will have a pressurized irrigation system with water supplied by the Boise River associated with an existing water right. The applicant submitted a pressurized irrigation report that meets the requirements of the City of Eagle Pressure Irrigation Standards (EPIS). Preservation of Existing Natural Features: The property is currently being utilized as a working horse ranch with the exception of the riparian area located adjacent to the Boise River. There is an existing active bald eagle nest located in proximity to the southeast corner of the subject property. The site contains mature trees located adjacent to the Boise River and slough located in proximity to the northeast and northwest corners of the site. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. L. STREET DESIGN: Private or Public Streets: The typical street section shown on the preliminary plat, date stamped by the city on June 9, 2016, shows a 50 -foot right-of-way street section with a 36 -foot wide travel way including rolled curbing throughout the subdivision. The right-of-way is also inclusive of seven feet (7') of the required eight foot (8') wide planter strips located on each side of the proposed street. The preliminary plat also shows a typical street section for the East Island Woods — Entrance with a 71 -foot right-of-way inclusive of two (2) 21 -foot wide travel lanes, a 15 -foot wide landscape island (located between the travel lanes), and seven feet (7') of the required eight foot (8') wide planter strips located on each side of the street. The travel lanes are bordered on both sides with vertical curbing. Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': None. Cul-de-sac Design: A 140 -foot long cul-de-sac is proposed with a radius of 50 -feet of right-of-way. Sidewalks: The preliminary plat, date stamped by the city on July 25, 2016, shows a detached five-foot (5') wide concrete sidewalk abutting the planter strips located on both sides of the interior roadway. The proposed sidewalks are located outside of the right-of-way. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Page 5 of 64 KAPWming Dept\Eagle ApplicationsTreliminary Development Plans\2015\lsla del Rio Sub ccEdoc Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: The preliminary plat, date stamped by the city on July 25, 2016, shows a 10 -foot wide greenbelt pathway traversing the northern portion of the site located adjacent to the Boise River. Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. N. PUBLIC USES PROPOSED: Public pathway (see Section M above) O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists. P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The narrative provided by the applicant, date stamped by the city on May 12, 2016, indicates that sewer from Eagle Sewer District and water from United Water will be provided via existing stubs located within the public streets from the west. Q. SPECIAL ON-SITE FEATURES: 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 Mature Trees — Yes — located in proximity to the Boise River Riparian Vegetation — Yes — located adjacent to the Boise River Steep Slopes — no Stream/Creek — Yes — Boise River Unique Animal Life — Yes — bald eagle nest located adjacent to the Boise River Unique Plant Life — Yes — riparian area located adjacent to the Boise River Unstable Soils — unknown Wildlife Habitat — Yes — bald eagle nest located adjacent to the Boise River R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): The Isla del Rio Habitat Report, date stamped by the city on April 3, 2015 (attached to the staff report), identified a bald eagle nesting site located within 50 -feet of the subject property. The Isla del Rio Environmental Impact Assessment, date stamped by the city on January 29, 2016, provides additional information regarding the riparian areas located adjacent to the Boise River and surrounding sloughs. Through the construction on ponds located at the northern end of the property, construction of a stream channel, and planting of riparian vegetation it will enhance the floodplain and functioning of the river ecosystem to mitigate for the effects of the development. The Environmental Impact Assessment also provides a plan for mitigating the effects of development on the bald eagle nesting site. Page 6 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plams\2015Vsla del Rio Sub ccf.doc S. 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 March 7, 2016, are of special concern (attached to the staff report). Ada County Highway District Central District Health City of Boise Planning and Development Services (date stamped by the city on August 2, 2016) City of Boise Planning and Development Services (dated September 23, 2016) Eagle Fire Department (date stamped by the city on March 23, 2016) Eagle Fire Department (date stamped by the city on October 11, 2016) Eagle Sewer District Idaho Department of Environmental Quality Idaho Department of Lands Idaho Fish and Game Department (date stamped by the city on March 23, 2016) Idaho Fish and Game Department (date stamped by the city on March 28, 2016) Idaho Transportation Department Republic Services Tesoro Logistics United Water of Idaho U.S. Fish and Wildlife Service West Ada School District T. LETTERS FROM THE PUBLIC (attached to the staff report): Correspondence received from David Guzman, date stamped by the city on June 8, 2015. Email correspondence received from Tom Kennedy, date stamped by the city on June 8, 2015. U. LETTERS FROM THE APPLICANT AND THE PUBLIC (attached to staff memos to the Mayor and City Council, dated September 15 and October 5, 2016): ITEMS PROVIDED BY THE APPLICANT: Correspondence received from JoAnn Butler with Spink Butler, LLP, date stamped by the city on August 12, 2016. Applicant's proposed change to Condition of Development #3.13 and new Site Specific Condition, date stamped by the city on September 16, 2016. Correspondence received from Derek Risso with ECOSYSTEM Sciences, date stamped by the city on September 20, 2016. Correspondence received from JoAnn Butler with Spink Butler, LLP, date stamped by the city on October 4, 2016. ITEMS PROVIDED BY THE PUBLIC: Correspondence received from Thomas Angstman with Angstman Johnson, date stamped by the city on August 15, 2016. Correspondence received from Greg and Helen Brown, date stamped by the city on August 15, 2016. Correspondence received from John and Anne Smith, date stamped by the city on August 22, 2016. Correspondence received from T.J. Angstman with Angstman Johnson, date stamped by the city on September 6, 2016. Page 7 of 64 KAPlanning Dept\Eagle ApplicationsTtetiminary Development Plans\2015\isla del Rio Sub ccEdoc Correspondence received from Aubrey Richardson with Angstman Johnson, date stamped by the city on September 6, 2016. Email correspondence received from David Guzman, dated September 7, 2016. Correspondence received from William C. Elder, date stamped by the city on September 14, 2016. Email correspondence received from Cathleen Catti, dated September 15, 2016 (10:28 AM). Email correspondence received from Cathleen Catti, dated September 15, 2016 (10:44 AM). Email correspondence received from Gretchen Rauer, dated September 16, 2016. Email correspondence received from Walt Smith, dated September 19, 2016. Correspondence received from Greg Krueger, date stamped by the city on September 19, 2016. Correspondence received from Tom Kennedy, date stamped by the city on September 19, 2016. Correspondence received from Carmen Little, date stamped by the city on September 19, 2016. Correspondence received from Michael Sacks, date stamped by the city on September 19, 2016. Correspondence received from Greg and Helen Brown, date stamped by the city on September 19, 2016. Correspondence received from Hugo and Katherine Schellenberg, date stamped by the city on September 19, 2016. Correspondence received from John Payne and Patti Payne, date stamped by the city on September 19, 2016. Correspondence received from John Payne, date stamped by the city on September 19, 2016. Correspondence received from Patti Payne, date stamped by the city on September 19, 2016. Correspondence received from Deborah Kirby, date stamped by the city on September 19, 2016. Correspondence received from Kenneth E. Neybert, date stamped by the city on September 19, 2016. Correspondence received from Helen Neybert, date stamped by the city on September 19, 2016. Correspondence received from Sheri J. Beck, date stamped by the city on September 19, 2016. Correspondence received from Bill J. Beck, date stamped by the city on September 19, 2016. Correspondence received from David Douglas, date stamped by the city on September 19, 2016. Correspondence received from Brian and Sally Bail, date stamped by the city on September 19, 2016. Correspondence received from Mark Runberg, date stamped by the city on September 19, 2016. Correspondence received from Terri Pickens Manweiler with Pickens Cozalos, P.A., date stamped by the city on September 19, 2016. Correspondence received from Rob Brooks, date stamped by the city on September 19, 2016. Email correspondence received from Jeff and Patty Hickey, dated September 19, 2016. Correspondence received from Paul and Sandy Mann, date stamped by the city on September 20, 2016. Correspondence received from Katie (signature illegible), date stamped by the city on September 20, 2016. Correspondence received from Kevin Moran, date stamped by the city on September 20, 2016. Correspondence received from Jacqueline Moran, date stamped by the city on September 20, 2016. Correspondence received from Cathleen Catti, date stamped by the city on September 20, 2016. Email correspondence received from Claudia Williams, dated September 20, 2016. Correspondence received from Gary L. Merritt, date stamped by the city on September 20, 2016. Page 8 of 64 KAPlanning Dept\Eagle ApplicationsTreWninary Development Plans\2015Vsla del Rio Sub ccf.doc Correspondence received from Hugh J. Keith, date stamped by the city on September 20, 2016. Correspondence received from Maxine and Ken Carver, date stamped by the city on September 20, 2016. Correspondence received from Gerald R. Baugas and TerriAnn M. Baugus, date stamped by the city on September 20, 2016. Correspondence received from Douglas and Susan Wikfors, date stamped by the city on September 20, 2016. Correspondence received from Jacob Dyer, date stamped by the city on September 20, 2016. Correspondence received from Leo and Patsy Chambers, date stamped by the city on September 20, 2016. Correspondence received from Daniel, Lois, and Deanna Nikodyn, date stamped by the city on September 20, 2016. Correspondence received from DeAnn Stoolman, date stamped by the city on September 20, 2016. Correspondence received from Dale and Cheryl Windau, date stamped by the city on September 20, 2016. Email correspondence received from Tucker Johnson, dated September 20, 2016. Email correspondence received from Quentin W. and Joann Schneider, dated September 20, 2016. Correspondence received from Cindy Gividen, date stamped by the city on September 20, 2016. Email received from Albert Bove Guri, dated September 21, 2016. Correspondence received from Cheryl Lodge, date stamped by the city on September 21, 2016. Correspondence received from Ron and Rebecca Odom, date stamped by the city on September 21, 2016. Correspondence received from Ellen Elder, date stamped by the city on September 21, 2016. Email correspondence received from Jeff and Patty Hickey, dated September 28, 2016. Correspondence received from Gary L. Merritt, date stamped by the city on September 29, 2016. Email correspondence received from Jeff and Patty Hickey, dated September 29, 2016. Correspondence received from Jim and Karen Dalos, date stamped by the city on October 4, 2016. Correspondence received from Pattie and Dan O'Leary, date stamped by the city on October 4, 2016. Correspondence received from Dennis Stover, date stamped by the city on October 4, 2016. Email correspondence received from Donna Burns, dated October 4, 2016. Correspondence received from the residents of Island Woods and Rivers End communities (64 signatures), with correspondence from Mark Larson with Mark Larson and Associates, LLC and correspondence from Mark L. Butler with Land Consultants, Inc., attached, date stamped by the city on October 4, 2016. Correspondence received from Gary L. Merritt, date stamped by the city on October 4, 2016. Correspondence received from Dan O'Leary, date stamped by the city on October 4, 2016. Correspondence received from Ellen F. Elder, date stamped by the city on October 4, 2016. Correspondence received from Brian A. Ertz, General Counsel, with Wildlands Defense, date stamped by the city on October 4, 2016. Correspondence received from Walter S. Smith, date stamped by the city on October 4, 2016. Correspondence received from Leo and Patsy Chambers, date stamped by the city on October 4, 2016. Page 9 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub ccEdoc V. W. Correspondence received from Mike and Lisa Goddard, date stamped by the city on October 4, 2016. Correspondence received from Greg and Helen Brown, date stamped by the city on October 4, 2016. Correspondence received from Donald Williams, date stamped by the city on October 4, 2016. Correspondence received from Lolitta Kinzer, date stamped by the city on October 4, 2016. Correspondence received from Holly L. Eubanks, date stamped by the city on October 4, 2016. Correspondence received from Holly L. Eubanks, date stamped by the city on October 4, 2016. Correspondence received from Cindy Gividen, date stamped by the city on October 4, 2016. Email correspondence received from Gretchen and Michael Rauer, dated October 4, 2016. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The preliminary plat, date stamped by city on July 25, 2016, shows the development to be constructed in four (4) separate phases. The applicant has not provided a time schedule for development of the site. 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. Page 10 of 64 KAPlanning Dept\Eagle ApplicationsTrelhninary Development Plans\2015Usla del Rio Sub ccf.doc 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. In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. 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. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. 16. 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: • RP (Rural Preservation — Ada County designation). The property is not currently within the Eagle Comprehensive Plan boundary. 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. Page 11 of 64 KAPlanning Depffagle AppEcationsTrel6twtary Development Plans\2015Usla del Rio Sub ccf doc Table 1.1 Distribution of Uses Land Use % of total Commercial 4% Mixed Use 7% Mixed Use Village 5% Business/Tech 3% Industrial 1 % Residential 75% Parks/open space 5% 1.2.1 - Idaho Code Understanding the constraints of the existing AOI, the City of Eagle began to look at the requirements for establishing an expanded area of city impact. Under Idaho Code §67- 6526(b), the following three factors are paramount in establishing an area of city impact: A. Trade Area: Trade area is the area that is needed to provide a city with an economic base that supports the city. This economic base comprises not only the city limits and the AOI but also includes the areas that surround a city and bring people into the city for services. Historically, the City of Eagle has been directly associated with a large trade area including properties extending north into Gem County and west into eastern Canyon County. Further, ACHD traffic counts and the existing transportation network support the claim of this area being within the City of Eagle's economic trade area. B. Geographic Boundaries: The Idaho Transportation Department (ITD) has released plans to improve State Highway 16 from a two (2) lane roadway to at least a nine (9) lane system (including right-of-way) in excess of one quarter (1/4) mile wide. This creates an enormous and significant landmark or geographic boundary separating the properties east of State Highway 16 from those on the western side. This new transportation corridor will be a significant east -west barrier between Eagle and Star that will create an impediment for pedestrians, bicyclists, youth and the elderly or anyone unable to use motorized transportation. In addition, it is unlikely that property owners east of the new highway corridor will feel identified with a city center that is entirely cut off to the west. (See Map 1.1) Historically in Ada County, state highways have been used as area of impact boundaries. For example, State Highway 44 forms portions of the respective common boundaries between Boise and Garden City. State Highway 55 forms portions of the respective common boundaries between Meridian and Boise as well as Boise and Eagle. State Highway 20/26 forms a boundary between Meridian and Eagle. C. Annexation in the Future: At the time of this planning effort, the City of Eagle had received numerous requests for annexation from properties reaching to the State Highway 16 corridor and north into the Eagle Foothills. If these applications are approved, Eagle's city limits would be bordered to the West by State Highway 16, to the South by State Highway 20/26 and to the North into Boise and Gem County substantiating the City's ability to annex throughout this area. Page 12 of 64 K:\PWudng Dept\Eagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub cctdoc 1.3 - The City of Eagle Vision Statement In 1999, City of Eagle citizens envisioned their future town as a well-planned community that encourages diversified living and housing opportunities, fosters economic vitality that offers jobs for residents, and provides places for people to recreate and enjoy Eagle's natural beauty. We envision that in the future Eagle will be: A. known as a highly livable town that successfully balances growth with many of the rural elements of its heritage; B. interconnected with user-friendly pathways and roadways; C. economically strong with a distinct downtown economic center; D. providing diversified employment and housing opportunities for all economic groups; E. an environmentally aware community with distinctive open space, parks and outdoor recreation; F. an economically strong city, that fosters local businesses and clean industry; G. a unique community that maintains its rural residential feel in the midst of the Treasure Valley. Similarly as in 1999, the 2004 Soaring 2025 plan, and the Foothills Plan: the City of Eagle outlined an extensive public visioning process to guide the plan. The visioning sessions discussed potential growth areas and goals to guide the long term development of the City. From these visioning sessions, the following four broad goals were identified for the western AOI and the foothills: A. Sustainability at build out: Ensure the ability for the city to continue to fund, improve and support itself, including infrastructure and parks, without the use of building permit fees, impact fees and zoning fees. B. Identify "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 to preserve larger areas as primarily residential neighborhoods and sensitive areas as open space. C. Preserving Regional Transportation Corridors (State Highway 16 & 44): Preserve the function of regionally significant roadways through the City while ensuring compatibility with land uses and design standards of the City. D. Increased Employment Opportunities: 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. 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 13 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\201 SSlsla del Rio Sub ccEdoc 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. Page 14 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccEdoc D. Increase available jobs within the City of Eagle to levels comparable with adjacent communities. Chapter 6 — Land Use 6.1 - Background Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the City's planning areas are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". (See Map 6.1 & 6.2) The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. Land use designations as reflected on the Land Use Map are based on the existing land use pattern, existing natural physical features such as the Boise River, Dry Creek and the foothills, floodplain areas, capacity of existing community facilities, projected population and economic growth, compatibility with other uses of the land, transportation systems, and the needs of local citizens. As a part of the review of the 2000 Comprehensive Plan, the City completed a land capacity analysis of the economic sustainability of the existing AOI and future growth areas for the City. This study found that the City of Eagle, though stable and united in its vision to develop a city with a uniquely rural character, did wish to establish long term sustainability for the City as it approached build out. The 2007 Comprehensive Plan detailed the following uses for the incorporated City and the AOI: Table 6.1 — Mixture of Land Uses Mix of Uses (inciudingFoothiiis) 62% a; 30% 8% 6.3 - Land Use Designations n Commetclal, Mixed Use. Business. & industrial O Residential n Paiks/open space 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. Page 15 of 64 KAPlanning Dept\Eagle AppbcationsTreh n nary Development Plans12015Usla del Rio sub cclldoc 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: 6.3.4 - 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. 6.3.18 - Head of Eagle Island — Special Use Area The head of the Eagle Island possesses a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. This area is to remain open to the sky and to the mountains to protect the unique environmental and natural features, wildlife habitat and natural lay of the land. The development of streets, buildings and other covered structures within this area should be prohibited. 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. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the Federal Emergency Management Administration maps such that the floodway area is smaller than that shown on the Land Use Map the adjacent land use designation shown shall be considered to abut the actual floodway boundary. When new floodway boundaries are approved by FEMA and/or the City, the floodway area on the Comprehensive Plan Land Use Map should be revised to reflect any new floodway line. 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. Page 16 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development Pl=\2015\Isla del Rio Sub ccEdoc 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. 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. R. Consider annexing any parcels of land allowed to be annexed by Idaho Code 50-222. S. 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. Page 17 of 64 KAPlamiing DeptlEagle ApplicationsTreliminary Development Plans12015Usla del Rio Sub ccf doc 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; • 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. Page 18 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub cct:doc The Dry Creek floodplain has a potential for flash flooding while the Boise River would probably flood due to seasonal weather conditions. A natural state, such as a greenbelt, a wildlife habitat, an agricultural area, an open space area, a recreational area and/or a nature area, may be encouraged in the 100 -year floodplain of the Boise River and Dry Creek. The floodway is shown as a generalized area only on the Land Use Map. The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code for definitions of terms relating to the floodplain areas.) 7.9 - Goals A. Special concern and attention should be given to the preservation of fish, wildlife, water resources, air quality, agriculture, open space and recreation/nature areas when implementing planning and zoning decisions. B. To provide special concern and attention to the preservation of native wildlife, fish and plants, water resources, air quality, agriculture, open space and recreation/natural areas when implementing planning and zoning decisions. C. Recognize the importance of wildlife habitat, and plan development to maintain and enhance native wildlife. 7.9.1- Objectives A. To provide and protect riparian habitat that provide crucial food, shelter and water for resident and migratory wildlife by protecting existing and rehabilitating degraded riparian corridors. B. To provide upland wildlife with adequate open space to minimize the disturbance of human actions. C. To provide large areas of connectivity between areas of wildlife usage for the seasonal migration and dispersion of big game, migrating birds, and other species. D. To protect unique and important features such as rare plant populations, colonial wildlife features, rare species, springs and high quality native plant communities. E. To integrate development into the landscape in order to avoid destruction of habitat. 7.9.2 - Policies A. Encourage development with a small footprint on the land, leaving large contiguous areas of open space in perpetuity. B. Link protected habitat areas with each other using areas of limited development. C. Encourage the City to develop working relationships with Idaho Department of Fish and Game. D. Consider wildlife issues when developing housing and transportation corridors. E. Encourage water conservation and wildlife habitat through the use of native vegetation in developments and transportation corridors. F. Encourage innovative water resource protections; use gray water for landscape and limit uses of fertilizer and pesticides. G. Encourage control of invasive and noxious weed species throughout AOI. 7.9.2 - Implementation Strategies Page 19 of 64 KAPlanning DepdEagle ApplicationsTteliminary Development Plans\2015Usla del Rio Sub cct:doc 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. 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. • Residential collector streets intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a standard collector or arterial street. Residential collectors typically extend less than one-half mile in length. Residential collectors may provide access to local streets, multi -family developments or planned unit developments. On -street parking may be permitted under special circumstances. Page 20 of 64 KAPlanning Dept\Eagle ApplicationsTrel minary Development Plans\201511sla del Rio Sub ccf.doc • 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. 8.2.5 Residential Collectors Mobility Function: The primary function of a residential collector street is to intercept traffic from local streets and minor numbers of abutting parcels and carry the traffic to a collector or arterial street. A secondary function is to service abutting property. The ACHD allowed length and number of vehicle trips per day on residential collectors is less than collectors. The residential collector street may serve motorized and non -motorized transportation needs, and be designed with the minimum street section to accommodate the projected vehicle volume. On -street parking may be prohibited. Access Function: To provide limited and controlled access to residential neighborhoods. Direct lot access is typically restricted. 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. Page 21 of 64 KAPlanning Dept\Eagle Applications\Preli nina Development Plans\2015Usla del Rio Sub ccEdoc Ri t-of-WaX: As shall be determined by the Highway District having jurisdiction with recommendations by the City and seriously considered by the Highway District. 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. Page 22 of 64 KAPhuming Dept\Eagle ApplicationsTreliminary Development Plans\2015\>sla del Rio Sub ccEdoc 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. 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 (TTD) 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 - bnplementation Strategies 8.6.1- Roadway Strategies A. Work in conjunction with the Ada County Highway District (ACHD), Idaho Transportation Department (ITD), and Community Planning Association (COMPASS) to classify roadways on the City of Eagle Transportation/Pathway Network Maps #1, #2, #3 incorporated into this Comprehensive Plan by reference. The Maps are to assure conformity to designations as delineated on the Land Use Map. The maps shall be provided to the Community Planning Association for input into the Community Planning Association's Functional Street Classification Map and Regional Transportation Plan. C. The most recently adopted Regional Transportation Plan for Ada County of record is adopted by reference as part of the City of Eagle Comprehensive Plan. F. Integrate all modes of travel to reduce travel and support air quality improvement measures. G. Encourage roadway design standards and roadway classifications that are consistent with the Idaho Transportation Department (171D), 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. Page 23 of 64 KAPlenning Dept\Eagle ApplicationsTrel minary Development Plm\201Nsla del Rio Sub ccGdoc 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. 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. Work 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. Page 24 of 64 KAPhuming Dept\Eagle ApplicationsWreRminary Development Plans\2015Usla del Rio Sub ccLdoc 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. 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. Page 25 of 64 KAPImming Dept\Eagle Applications\Ptefimft ary Development Plans\20I5\Isla del Rio Sub ccf doc 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. 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. Page 26 of 64 KAPlatming Dept\Eagle ApplicationsTrehmvtary Development PlansX2015Usla del Rio Sub ccEdoc 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. 9.6.2 - Objectives A. To establish open space to protect the finite resource base of Eagle's natural environment - air, ground water, surface water, soil, forested areas, plant and wildlife habitats, agricultural lands, and aquifer recharge, watersheds, and wetlands. B. To provide an open space setting for active and passive recreation for all age groups throughout the community. C. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. D. To protect the natural lay of the land (e.g., minimize land disturbance). E. To protect such unique environmental areas as historical, geological, and archaeological sites and monuments, natural areas, and wildlife habitat. F. To protect important views, vistas, and panoramas of the community's natural setting and environment. 9.6.3 - Policies A. To encourage cluster development within the City limits so as to retain open space in perpetuity. Cluster developments located outside the City limits but within the Impact Area shall be prohibited. B. To encourage the City to develop working relationships with other agencies/entities to establish and protect open space. 9.6.4 - Implementation Strategies A. Require developers to utilize open space for above -ground, on-site storm water management (i.e., grassy swales, constructed wetlands, and water features). B. Explore public/private or intergovernmental agreements to set aside and protect open space (i.e., land trusts, conservation easements, and memorandums of understanding). C. Create an ordinance that requires developers to include set asides for open space. D. Establish guidelines for open space set asides. E. Develop a comprehensive beautification plan that includes but is not limited to open space such as road rights-of-way, abandoned road segments, and City entryways. F. Develop a storm water management plan to include utilization of onsite open space for storm water management features. G. Create an ordinance that requires developers to dedicate and establish open space/parks in new developments. Encourage developers to identify and preserve wildlife mitigation corridors. Page 27 of 64 K:\Planning Dept\Eagle AppUcationsXPrefunulary Development Pl=\2015S1sla del Rio Sub cef doc 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. 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 F1 Wetlands issues ❑ Fish and wildlife habitat ❑ Existing trees and natural features ❑ River and creek greenbelt areas Page 28 of 64 KAPlatming DeptTagle ApplicationsTreliminary Development Plans12015Usla del Rio Sub ccEdoc 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. Head of Eagle Island The head of the Eagle Island possesses a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. It is a vision of the Comprehensive Plan to sustain these elements, which contribute to a distinctly unique area that appeals to both residents and visitors of the City. 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. Page 29 of 64 KAPlanning Dept\Eagle Applications\Prelimmary Development Plans\2015\lsla del Rio Sub ccEdoc 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. 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. 12.3 - 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. Page 30 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development PlansX20I5\Isla del Rio Sub ccEdoc 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 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. Page 31 of 64 KAPlanning Dept\Eagle ApplicationsTrel6ninary Development Plans\2015\Isla del Rio Sub ccf doc 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 B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-4 Schedule of Building Height and Lot Area Requirements: Zoning Maximum Lot Area Interior Street District Height Front Rear Side Side R-2 35' 30'30' 10' j 20' Maximum Lot Covered F And J* 40% Minimmu Lot Area (Acres Or Minimum, Square Feet) Lot H* Width I* 17,000 f 75' G. All front load garages shall be set back a minimum of 25 -feet from the back of sidewalk. C. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-2-3: Preliminary Plat: C. Required Information And Data: 3. The following shall be submitted separately: i. Streets, street names, rights of way and roadway widths, including adjoining streets or roadways; • 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 9-3-8: Public and Open Spaces: B. Natural Features: 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. Page 32 of 64 KAPlanning Dept\Eagle ApplicationsTreluninary Development Plans\2015Usla del Rio Sub ccLdoc C. Special Development: In the case of planned unit developments and large scale developments, the city council may require sufficient public and/or private park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. • 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 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 9-5-7: Subdivision Within A Floodplain: In addition to the provisions of this title, any subdivision within the designated floodplain of the city shall comply with all applicable provisions of the floodplain regulations of the city as now in effect or as may hereafter be amended• • Eagle City Code Section 9-5-8: Subdivision Within An Area Of Critical Concern: A. Designation Of Areas Of Critical Concern: Hazardous or unique areas may be designated as areas of critical concern by the city council or by the state of Idaho. Special consideration shall be given to any proposed development within an area of critical concern to assure that the development is necessary and desirable and in the public interest in view of the existing unique conditions. Hazardous or unique areas that may be designated as areas of critical concern are as follows: 3. Unique animal life; 4. Unique plant life; 5. Scenic areas; 7. Floodplain; 10. Other areas of critical concern (bald eagle nest) D. FLOOD CONTROL ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code, Section 10-1-1: Findings of Fact and Purpose: B. Purpose: It is the purpose of this title to promote the public health, safety and general welfare, and to minimize public and private losses due to flood conditions in specific areas by provisions designed: 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; Page 33 of 64 UPlanning DeptTagle ApplicationsTteliminary Development Plans120I5\Isla del Rio Sub ccf.doc 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 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'). Page 34 of 64 KAPlanning Dept\Fagle ApplicationsTreftinary Development Plans\2015Usla del Rio Sub ccf doc MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred (6,500) cubic feet per second (cfs) along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. army corps of engineers. NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas. RIPARIAN ZONE: That area along the banks of any waterway twenty five feet (25') in width measured landward from the mean high water mark. 0 Eagle City Code, Section 10-1-8-2: General Building Requirements: B. Postconstruction Elevation Certificate: Prior to issuance of a certificate of occupancy, a postconstruction elevation certificate (FEMA form 81-31) referencing land and structures included or removed from the area of special flood hazard is required. All lots and structures removed from the area of 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. 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: Page 35 of 64 KAPlanning Dept\Eagle AppbcationsTreliminmy Development Plans\2015Usla del Rio Sub ccf.doc D. Floodways: Located within areas of special flood hazard established in section 10-1-6 of this chapter, are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectile and erosion potential, the following provisions apply: (Ord. 332, 2-23-1999, and Ord. 700A, 3-11-2014) 1. Encroachments, including fill, new construction, substantial improvements and other development, are prohibited unless an approved floodplain development permit is issued demonstrating that encroachments shall not result in any adverse impacts during the occurrence of the base flood. 2. Encroachments, including fill, new construction, substantial improvements and other development are prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood 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; Page 36 of 64 KAPlanning Dept\Eagle ApplicationsTrelim nary Development Plans\2015'lsla del Rio Sub ccf.doc 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. 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 applicant is requesting the City add 88.24 -acres to the City's comprehensive plan and designate the site as Residential Two (up to two units per acre). The 88.25 -acre site is located approximately 1,300 -feet east of the eastern terminus of East Island Woods Drive and directly east of 850 E. Williamson Lane. A companion to this application has been submitted to the City for the Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development (A-02-15/RZ-05- 15/CU-02-15/PPUD-01-15/PP-03-15) for the northern portion of this site. This application will be heard at a separate hearing. • In order for the City to consider annexation and rezone of the site, the City must comply with Idaho Code 50-222(3)(a)(i) which states: • "All private landowners have consented to annexation. Annexation where all landowners have consented may extend beyond the city area of impact provided that the land is contiguous to the city and that the comprehensive plan includes the area of annexation ". (Emphasis added) • This application is intended to satisfy the requirements of Idaho Code 50-222 prior to annexation and development. • The site in question is located between the "Head of Eagle Island Special Use Area" and the "Residential Two" area of the comprehensive plan. Development on the Island west of the site includes: Island Woods, Nestle Island, Two Rivers, and Mace River Ranch. • 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 chanize being made in the plan." In the applicant's justification letter, date stamped by the City on January 29, 2016, the applicant states the following: • "The property is contiguous, on its western border, with Eagle City limits. There is no reasonable access to Boise to the Development, and there is not a logical extension of the Boise City limits for services. Emergency Service, mail services, and utilities will be provided by Eagle area providers." • 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 the City on January 29, 2016, 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." Page 37 of 64 KAPluming Dept\Eagle AppbcationsTreliminary Development Plans\2015k1sla del Rio Sub ccf.doc • Please note: Staff is not proposing amending the Area of City Impact within this area as the applicant has requested annexation as part of a companion application. • 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 states the following: • "There is no reasonable access to Boise to the Development, and there is not a logical extension of the Boise City limits for services. Emergency Service, mail services, and utilities will be provided by Eagle area providers." • 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 does not include text to guide the uses to be allowed on the site, but the proposed MOU between Boise City and Eagle City and the requirements of the US Fish and Wildlife Service and Idaho Fish and Game (including the Environmental Assessment, the Habitat Report, and the conditions within the US Fish and Wildlife Service take permit and monitoring plan) provide significant safeguards for the eventual development of the site. 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 acknowledging the monitoring and habitat protection requirements for the site. The site in question has a long history between the City of Eagle and the City of Boise. In 1980, when Eagle's initial Area of City Impact was delineated by Ada County, this parcel and the West Boise Wastewater Treatment Plant to the south of the site were placed within Eagle's area of city impact. Subsequently, amendments were made to give Boise City both the wastewater treatment plant site (1997) and this site (2003), to serve as a buffer to the sewage treatment plant. Consistent with the processes historically used to negotiate changes to the planning boundaries between the cities, staff has been in coordination with the Boise City Planning Department, Public Works Department, and the Legal Department to begin negations on a draft MOU to replace the 2003 MOU for this site. • The proposed MOU with Boise City (attached to the staff report for this application) establishes: • Upon receipt of a complete land use application from the Developer for the Property, Eagle will move forward with the hearing procedures consistent with the Local Land Use Planning Act and Eagle City Code to include the Property in the Eagle Comprehensive Plan. Eagle agrees to not exceed the land use densities and policies described within the Boise Comprehensive Plan as adopted by Boise as of the date of the completed application. • The CC&R's for the development project shall contain an express acknowledgement that the Property owners are aware of the existence of the West Boise Wastewater Treatment Plant across the south channel and waive the right to file complaints regarding odors, noise or other normal operations of the Plant. • The requirement set forth in paragraph 2 above will also be provided as a plat note to this effect • An easement to Boise shall be provided by the property owner across the subject site from south to north to accommodate the potential for a future treated waste water outlet in the North Channel of the Boise River. The size and location of the easement shall be determined by Boise, in consultation with the Developer, in conjunction with approval of the development project. • Development of the property should be in accordance with the recommendations of United States Fish and Wildlife Service (USFWS) and the Idaho Department of Fish and Game (IDFG). Page 38 of 64 KAPhuming Dept\Eagle ApplicationsTrebminary Development Plans\2015Usla del Rio Sub ccEdoc • Design of the project should be generally consistent with the setbacks and habitat protections contained in the Boise River System Ordinance. • Staff recommends that an executed MOU be provided to the City prior to the City's adoption of a resolution to amend the plan and that the MOU be recorded. • Boise City is amiable to the development of this site within the City of Eagle, however, they have expressed some concerns (see their comment letters date stamped by the City on June 9, 2016) • Due to the City of Boise's concerns, staff has separated the comprehensive plan amendment request and MOU from the annexation, rezone and development. If Eagle City does not wish to enter into an MOU with Boise City for this site, staff recommends the area remain in unincorporated Ada County and retain the Rural Preservation (1 unit per 40 acres) zoning, consistent with the designation "Head of Eagle Island Special Use Area". • In accordance with the City's application requirements for a Comprehensive Plan Amendment, a habitat report was prepared for this site. The applicant submitted the required habitat report on April 3, 2015. Subsequent site visits and reviews by the applicant's representative, U.S. Fish and Wildlife Service, Idaho Fish and Game Department, and ECS, Inc. (City's environmental consultant) identified additional work to be completed to satisfy State and Federal requirements. Copies of the reports and recommendations have been consolidated and are attached to this report. Many of the discussion items and staff recommendations are linked to four main documents: • Isla del Rio Habitat Report, dates stamped by the City on April 3, 2015; • Isla del Rio Environmental Impact Assessment, date stamped by the City on January 29, 2016; • US Fish and Wildlife Service Permit date stamped by the City on May 9, 2016; and • Bald Eagle Nest Monitoring Proposal, date stamped by the City on May 13, 2016. • Staff recommends that compliance with these reports be built into the development agreement for the Williamson River Ranch (f.k.a. Isla Del Rio) PUD and be evaluated at the time of development approval. The development agreement associated with a rezone for the property should also address ongoing monitoring of the site and reporting to the City, state and federal government. • The site has significant habitat and environmental values that must be considered when designating and land use for the site within the City's plan. These values include an occupied Bald Eagle nesting site on the eastern Boundary of the property, 8.17 -acres of floodway on the north and south sides of the property, floodplain areas, and significant habitat areas associated with the Boise River corridor. Policies addressing the protection of the Boise River and environmentally sensitive areas can be found in 9 of the 13 chapters of the comprehensive plan. A complete list of policies can be found in the "Staff Analysis, Section A" of the staff report. • Habitat studies, floodplain studies, and site surveys clearly indicate that the northern, eastern, and southern portions of the property closely resemble the features that are planned for in the land use designation "Head of Eagle Island Special Use Area", which states: • "The head of the Eagle Island possesses a recognized function as a wildlife habitat, floodway and scenic natural resource reflective of Eagle's rural character. This area is to remain open to the sky and to the mountains to protect the unique environmental and natural features, wildlife habitat and natural lay of the land. The development of streets, buildings and other covered structures within this area should be prohibited." • While portions of the site are constrained, the western edge and center of the property have limited constraints and could support development similar to other developments on the island. The area is desirable for development because of its secluded location, the proximity to the Boise River, and the ease of access to open space and trails. Page 39 of 64 KAPlarming Dept\Eagle ApplicationsTrelim nary Development Plans\20I5Vsla del Rio Sub ccf doc • The site contains 8.17 -acres of Floodway as delineated by FEMA. Staff recommends this portion of the site be designated as "Floodway" consistent with the definition in Chapter 6: Land Use of the Plan, which states: "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." • Consistent with the draft MOU, ECS, Inc. (the City's environmental consultant) completed a review of the Boise City River System Ordinance and recommends the following: • "Based on my review of the Boise's City Code (Section 11-03-04: Specific Procedures Subsection 19: River System Permits) they only require a 200 foot set back from eagle habitat. This area is considered a Class -A Lands and Waterways under City Code Section 10-05-06 (Waterways Overlay District), but it also has only a 200 foot setback, but also precludes development. However, it does allow for natural parks which the proposed landscaping would more than meet. • On July 12, 2016, the Boise City Council formally consider the MOU and approved the MOU. A copy of the City of Boise Planning Department Memo, date stamped by the City on July 6, 2016 is attached. • The Isla del Rio Habitat Report, dates stamped by the City on April 3, 2016, identifies a Bald Eagle Nesting site within 50 -feet of property. The development of the eastern portion of the site should be managed consistent with the U.S. Fish and Wildlife Service take permit. • The U.S. Fish and Wildlife Service establishes a process for determining if and when the bald eagle's nest is vacated. Staff is uncomfortable designating the 660 -foot buffer as required by the U.S. Fish and Wildlife Service as residential. Staff prefers to manage the area to protect the nest as long as possible. Designating the area as residential assumes that the nest will vacate. • Staff recommends that 80.07 -acres (area remaining after designating 8.17 -acres as "Floodway") be designated as "Residential Two" consistent with the development located to the west of the site. • Staff recommends that application#A-02-15/RZ-05-15/CU-02-15/PPUD-0 I - 1 5/PP-03 -15 — Isla de Rio Planned Unit Development be evaluated consistent with requirements of the U.S. Fish and Wildlife Service, Idaho Fish and Game Department, and the comments provided to the City by ECS, Inc. (the City's environmental consultants). If the applicant is unwilling to develop in accordance with these standards the application should be denied. • The Eagle Comprehensive Plan Chapter 6: Land Use, Section 6 (B) states: "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. • As the MOU between the City of Eagle and Boise City addresses the need for a north/south Sewer easement staff recommends that the applicant be directed to begin discussions with both Boise City and Eagle Sewer District to ensure that any development of the site addresses the MOU and the requirements of these entities. Page 40 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plaas\2015Usla del Rio Sub ccEdoc The properties associated with the proposed subdivision are not currently configured to match the proposed subdivision boundary. The applicant has submitted a Property Boundary Adjustment (PBA) application (Project No. 201500467 PBA) to Ada County Development Services to adjust the property lines to match the proposed subdivision boundary. The applicant received tentative approval of the PBA on May 11, 2015, and is required to record a record -of -survey and new deeds with legal descriptions within one (1) year of the tentative approval. The applicant submitted a Time Extension (TE) application (Project No. 201500467 PBA -TE) to Ada County Development Services which was subsequently approved with a new expiration date of May 11, 2017. Upon completion of the Ada County Development Services Property Boundary Adjustment (Project No. 201500467 PBA) Conditions of Approval, the applicant should provide a copy of the final approval letter to the city prior to the city adopting an annexation ordinance. • As part of the application requirements, the applicant has submitted a habitat report and environmental impact assessment. During the course of the site visits and preparation of the reports it was determined an active bald eagle's nest is located in proximity to the southeast corner of the proposed subdivision. The environmental impact assessment provides a mitigation plan which indicates the type and timing of development that is permitted to occur in proximity to the bald eagle's nest. Based upon the location of the eagle's nest and the environmental impact assessment, the applicant was required to obtain an incidental take permit through the U.S. Fish and Wildlife Service. As part of the permitting process the applicant was required to establish buffer areas (consistent with the environmental impact assessment) where development within the buffer areas will be restricted. The buffer areas include: 1) an area with a 330 -foot radius from the bald eagle's nest, and 2) and area with a 660 -foot radius from the bald eagle's nest. The applicant has provided the city with a copy of the U.S. Fish and Wildlife Service incidental take permit (#MB8632813-0) which contains several conditions and authorizations (attached hereto). The applicant should be required to comply with the provisions and conditions contained within environmental impact assessment and the conditions and authorizations within the U.S Fish and Wildlife Service incidental take permit (#MB86328B-0). • The Eagle Sewer District provided correspondence, date stamped by the city on June 9, 2016, indicating that approximately 44 -acres of the proposed development is not presently annexed into the Eagle Sewer District's boundaries and, before the District would consider annexation, a north - south and east -west easement of approximately 30 -feet in width will need to be granted to the Eagle Sewer District and the City of Boise. The easement will also need to be granted through the area located south of the proposed development. • Pursuant to Eagle City Code Section 8-6-5-5(A)(3), setbacks for modified lot sizes shall conform with the closest compatible base zone identified in Eagle City Code Section 8-2-4. The proposed setbacks identified on the applicant's narrative, date stamped by the city on January 29, 2016, indicates the following setbacks: Front 20 -feet Rear 25 -feet Interior Side 7.5 -feet Street Side 15 -feet Pursuant to Eagle City Code Section 8-2-4, the following setbacks are required within the R-2 (Residential): Front 30 -feet Rear 30 -feet Interior Side 10 -feet (first story)/15-feet (second story) Street Side 20 -feet Maximum Lot Coverage 40% Page 41 of 64 KAPlanning DeptEagle ApplicationsTreliminary Development Plans\2015\lsla del Rio Sub ccf.doc * A single-family dwelling that utilizes a side entry garage shall be permitted to have a 5 -foot reduction in the minimum required front yard setback provided that the distance in no less than 20 - feet within the R-2 zoning district. *Note: All front load garages shall be setback a minimum of 25 -feet from the back of sidewalk. Pursuant to Eagle City Code Section 8-2-4 (G), front loaded garages are required to be setback 25 - feet from the back of sidewalk. The maximum lot coverage should be 40% as is required pursuant to Eagle City Code Section 8-2-4. The preliminary plat, date stamped by the city on July 22, 2015, shows a typical street section for the interior streets with one foot (1') of the eight foot (8') wide planter strip and the five foot (5') wide detached sidewalk being located on the buildable lot (outside of the right-of-way). Based upon a twenty foot (20') wide front setback (measured from the property line), a garage could be constructed within fourteen feet (14') of the back of the sidewalk. If a front load garage was constructed twenty feet (20') from the front property line large vehicles parked in the driveway will overhang the sidewalk. Also, based upon the requested street side setback (with regard to corner lots), if a home were constructed with the front door facing a different street than the garage the same issue would arise (regarding vehicles parked in the driveway outside and blocking sidewalk). It is staff's opinion that based on the size of the lots and the location of the detached sidewalk the following setbacks (measured from the property line) and maximum lot coverage for this development should be required: Front 20-feet/living area, 25-feet/garage (front load) Rear 20 -feet Interior Side 7.5 -feet (first story)/12.5-feet (second story) Street Side 15 -feet (garage access prohibited) Maximum coverage 40% The preliminary plat, date stamped by the city on July 20, 2016, does not contain a plat note referencing the development agreement associated with the rezone (application #RZ-05-15) of the property. The applicant should provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-05-15 and subsequent modifications." The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the city on July 25, 2016, does not provide a plat note regarding building setbacks. The applicant should be required to provide a revised preliminary plat with a plat note that states, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved." The revised preliminary plat should be provided prior to the City Clerk signing the final plat. Plat Note #4 of the preliminary plat, date stamped by the city on July 25, 2016, identifies the common lots and indicates they are owned by the homeowner's association and/or assigns. The plat note does not identify who is responsible for the maintenance of the common areas. The applicant should provide a revised preliminary plat with plat note #4 revised to read, "Lots 1 and 3, Block 1; Lots 1, 10, and 11, Block 2; Lots 1, 8, 17, and 30, Block 3; Lots 1 and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6; are designated as common/landscape area lots and will be owned and maintained by the Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision Homeowners Association and/or assigns." The revised preliminary plat should be provided prior to submittal of a final plat application. Page 42 of 64 KAPlanning DeptEagle ApplicationsTreliminary Development Plans\2015Vsla del Rio sub ccEdoc A portion of the site associated with the proposed subdivision is currently located within the city of Boise's Area of Impact. The applicant has submitted a companion application for a comprehensive plan map amendment (CPA -02-15) to include the aforementioned area within the City of Eagle's Comprehensive Plan. As part of the request the city has worked with the Boise City Planning Department, Public Works Department, and Legal Department to negotiate a Memorandum of Understanding (MOU) to be executed between the City of Boise and the City of Eagle which will allow the City of Eagle to adopt the area currently located within the City of Boise's Area of Impact into the City of Eagle's Comprehensive Plan. The Boise City Council has approved and executed the subject MOU (Eagle Island Area of Impact Transfer Agreement). The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise should be approved and executed by the City Council prior to adopting a resolution to amend the comprehensive plan. The preliminary plat, date stamped by the city on July 25, 2016, delineates a 20 -foot wide Idaho Power Easement (Instrument No. 102062322) located within areas that are proposed to be platted as buildable lots and common lots. The site proposed to be subdivided also contains overhead power lines. Pursuant to Eagle City Code Section 9-4-1-8, underground utilities are required. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. The ponds located south of the floodway line (as shown on the preliminary plat, date stamped by the city on July 25, 2016) will be constructed for pressurized irrigation, storm water, and compensatory storage associated with the floodplain development permit. Since the ponds will be utilized for compensatory storage (per the floodplain development permit) they are required to be interconnected so that in a flood event the ponds will not only provide storage but will also maintain the same level. The applicant is proposing to interconnect the ponds with subsurface pipes that are shown to be located within a 16 -foot wide easement within the buildable lots and are not contained within an easement on the common lots. The applicant should provide a revised preliminary plat showing the subsurface pipes interconnecting the ponds located within common lots prior to submittal of a final plat application. The common lots shown on the preliminary plat do not contain any easements, other than the ones called out in plat note #2. The preliminary plat delineates infrastructure located outside of the easements identified in plat note #2 (i.e. pressurized irrigation, pressurized irrigation pump station, and subsurface pipes interconnecting the ponds). The applicant should be required to provide a revised preliminary plat with a new plat note that reads, "Lots 1 and 3, Block 1; Lots 1, 10, and 11, Block 2; Lots 1, 8, 17, and 30, Block 3; Lots 1 and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6, are designated as common/landscape area lots and shall have a blanket public utilities, drainage, and irrigation easements." The revised preliminary plat should be provided prior to submittal of a final plat application. The preliminary plat, date stamped by the city on July 25, 2016, shows Lot 10, Block 2, as a common lot with a clubhouse and pool. This lot is located in proximity to East Island Woods Drive at an entrance to the subdivision. The proposed location will have a direct impact on the residents of the existing home located on Lot 2, Block 8, Riversend Subdivision No. 2. The residents of the subject subdivision would be better served if the common lot associated with the clubhouse and pool were more centrally located within the development and located in an area that would not impact the residents of any lots located adjacent to the amenity. The applicant should provide a revised preliminary plat showing the common lot associated with the clubhouse and pool to be centrally located within the development. Also, the clubhouse and pool should be constructed within the first phase of the development. The revised preliminary plat should be provided prior to submittal of a final plat application. Page 43 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Pbm\2015\1sla del Rio Sub ccf.doc • The preliminary plat, date stamped by the city on July 25, 2016, identifies the street names as Streets A through C. Pursuant to Eagle City Code Section 9-2-3 (C)(3)(i), regarding required information for a preliminary plat, street names are required. The applicant should be required to provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior to submittal of a final plat application. STAFF RECOMMENDATION REGARDING THE PROPOSED COMPREHENSIVE PLAN MAP AMENDMENT: Based upon the information provided to staff to date staff recommends approval (with modifications) of the requested comprehensive plan map amendment. Staff recommends the Future Land Use Map be modified to designate 8.17 -acres as "Floodway and 80.07 -acres as "Residential Two." Further, staff recommends that the MOU between Boise City and the City of Eagle for the management and development approval process within the Boise City Area of City Impact be executed prior to the passing of a resolution to amend the Future Land Use Map. STAFF RECOMMENDATION FOR THE ANNEXATION, REZONE WTH DEVELOPMENT AGREEMENT, CONDITIONAL USE PERMIT, PREIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided to date, staff recommends approval of the requested annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development with conditions to be placed within a development agreement and with subdivision site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on August 16, 2016, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one (1) individual (other than the applicant/representative) who indicated that the bald eagles in the area have been in the area for quite some time and have become "urbanized" by adapting to disturbances occurring in proximity to their nest area. The bald eagles have moved their nesting area along the river several times over the previous decades and have moved their nest in the past even though they were not disturbed. The USFWS does not have concerns regarding development in proximity to the site. The individual also indicated that the rural quietness of the area is long gone with the development of commercial and residential areas in proximity to the subject site. The proposed development will be an asset to the city. C. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by seven (7) individuals who voiced the following concerns: • The proposed clubhouse and pool should be centrally located within the subdivision. • A privacy buffer with dense landscaping should be provided between the proposed subdivision and Riversend Subdivision. • East Island Woods Way is narrower in width within Riversend Subdivision and will not support the additional traffic to support the proposed subdivision. • The homes located within Riversend Subdivision (located adjacent to the subject property) were designed to enjoy the views of the mountains and the existing horse ranch located behind their homes. Those views would be eliminated with the development of the proposed subdivision. • The existing wildlife located in the area will be impacted. Page 44 of 64 KAPlanning Dept\Eagle Applications\Prelimima Development Plana\2015Usla del Rio Sub ccEdoc • Due to changes to the proposed subdivision and the additional documentation that has been provided to the city it has been burdensome for citizens living in proximity to the site to keep track of the updated documents. • What has changed in the area that warrants a change to the comprehensive plan and the property being rezoned to allow for a development? • It is ironic that the City of Eagle would allow a development to occur in an area that will cause a bald eagle to relocate. • Why has the density been changed from allowing for one dwelling unit per acre to allowing two dwelling units per acre? • Based on the size of the proposed lots located adjacent to the western boundary the lots are not compatible to the existing lots located adjacent to the site. • The buffer area located adjacent to the western boundary and adjacent to Riversend Subdivision should be larger in size. • The area located in proximity to the existing bald eagle nest should not be developed since there are only three (3) bald eagle nests located between Lucky Peak Dam and the Snake River. • The residents who live adjacent to the subject property have enjoyed the views and activity associated with the Williamson Quarter Horse Ranch that is currently located on the site. • A vote to approve the subdivision would be defacto eviction of the bald eagles. • There may be a possibility that a government organization or a non-profit organization may have the ability to preserve the area in its current state. • The Memorandum of Agreement with the City of Boise has not been executed to date. • The Eagle Sewer District has not annexed the property. • With the development of the subdivision the rural heritage of the area will be diminished. • A decision should be postponed to allow time for individuals or organizations to plan a different proposal for the area. • The developer should be required to provide buffers between the developments similar to the buffer areas provided between Island Woods and Riversend Subdivisions. • The proposed subdivision should be re -designed to have larger lots so it is similar in design to the existing subdivisions located west of the subject site. • The eagle's nest buffer area is not large enough since it is only approximately seven (7) acres in size. • Based on the width of the proposed lots the homes located adjacent to Riversend Subdivision will have the garages located adjacent to the street (snout houses) and will not be similar to the homes located within Riversend Subdivision. • The subdivision should be redesigned to have a large pond located between Riversend Subdivision and the residential lots located within the proposed subdivision. • The area located within the 660 -foot buffer area associated with the bald eagle's nest should not be platted at this time. • The proposed mitigation plan associated with the bald eagle's nest in not in conformance with the Bald Eagle Protection Act which requires that activities are kept as far away as possible. • There are no penalties associated if the bald eagle abandons its nest due to being disturbed by activity associated with the development. • The cottonwood trees proposed for the buffer berm associated with the bald eagle's nest do not have foliage during the early peak nesting time (January — March). • Although a buffer is being provided (between the development and the bald eagle's nest) activities in the immediate area will always be visible by the eagle. • Individuals do not have a right to rezone their property. • The Supreme Court has determined that based on a land use decision if the economic value is not removed from a property a taking has not occurred. Page 45 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub ccGdoc • The proposal is not in conformance with City of Boise's River Ordinance as required pursuant to the Memorandum of Agreement associated with the site. • The subdivision should be redesigned to include a cul-de-sac on the northern street to reduce the amount of traffic utilizing the northern access point to the subdivision. • The proposed location of the clubhouse and pool will create traffic issues at the location where East Island Woods Drive provides access to the development. The location also creates a defacto commercial area since two (2) clubhouses and pools (Riversend Subdivision clubhouse and pool and the proposed Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision clubhouse and pool) would be located adjacent to each other. • There are other cities within the area that place additional restrictions on development and citizens based on historic areas since those areas are an asset to the city. In this case the bald eagles are an asset to the city and should be preserved through additional restrictions being placed on the development. COMMISSION DELIBERATION (Granicus time 3:49:15) Upon closing the public hearing, the Commission discussed during deliberation that: • Although the bald eagle's nest is not actually located on the subject property the applicant has taken the necessary steps to mitigate any impacts to the nest through providing a buffer area and monitoring plan. • The application process has been very open and the records associated with the file have been available to the public. • Property within the immediate area has been developed regularly. • The applicant has worked hard to design the subdivision to mitigate the impact to the bald eagle nest. • It is not unusual to have testimony against development and the testimony is usually in regard to traffic and wildlife impacts. • The buffer area to be constructed adjacent to the bald eagle's nest should mitigate the impacts to the nesting area. • There are several active bald eagle nests located adjacent to the Columbia River and the interstate which has a greater impact to the nests in those areas. The proposed mitigation plan should address the concerns associated with the nest at this location. • The number of lots located adjacent to the western boundary of the subdivision should be reduced. • The current land owner has the right to sell the land. • The developer's consultant should be required to provide the monitoring associated with bald eagle's nest on a quarterly basis. • A resident's view from a home is not guaranteed in perpetuity. • The applicant's bald eagle nest mitigation plan is in conformance with USFWS guidelines. If the developer is following the guidelines we cannot deny the application based on concerns regarding the nest. COMMISSION DECISION REGARDING THE COMPREHENSIVE PLAN MAP AMENDMENT: The Commission voted 4 to 0 (Villegas absent) to recommend approval (with modifications) of CPA -02- 15 to include 88.25 acres from the Boise City Comprehensive Plan (Boise City Land Use designation of "Large Lot') into the City of Eagle Comprehensive Plan (Eagle Land Use Designation of "Floodway" for8.17-acres and Residential Two — up to 2 units per acre for 80.07 -acres) for Buie Stoddard Group, pursuant to the city entering into a Memorandum of Understanding (MOU) with Boise City for the Eagle Island Area of Impact Transfer. Page 46 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development Plans\20I5Usla del Rio Sub ccEdoc COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Commission voted 4 to 0 (Villegas absent) to approve A-02-15/RZ-05-15 for an annexation and rezone from RP (Rural Preservation — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD) for Buie Stoddard Group, with the conditions of development to be placed within a development agreement as provided within their findings of fact and conclusions of law document dated September 16, 2016. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Commission voted 4 to 0 (Villegas absent) to recommend approval of the Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development (Exhibit "A") for Buie Stoddard Group, 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 September 16, 2016. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the Eagle City Council on September 27, 2016, at which time public testimony was taken. The City Council closed the public hearing for oral testimony and left the public hearing open for written testimony to be submitted by 5:00 PM, on Wednesday, October 4, 2016. The public hearing was continued to October 10, 2016, at which time the applicant provided rebuttal to the oral and written testimony and the public hearing was closed. The City Council made their decision at that time. B. Oral testimony in favor of this proposal was presented to the Eagle City Council by six (6) individuals (other than the applicant/representative) who indicated the following: • The applicant has been involved with other developments in the city and those developments were successful based on his involvement. • Emergency vehicles should not have an issue accessing the development. • The proposed development will be a signature development for the applicant. • The proposed subdivision will be an asset to the city. • The design of the proposed subdivision is compatible with the adjacent development. • The eagles residing in the area have been there for years and have moved their nest in the past. • City staff was diligent within their report to address any concerns associated with the development. • It is difficult to look at a preliminary plat and comprehend the vision associated with a development. • The developer is known for quality development. • The design may have been better if the old ranch house had not been preserved. • The current property owners of the subject property have been good stewards of the land and it is becoming more difficult for them to maintain the existing horse ranch. It is not up to those owners to maintain open space for the residents of the subdivision located adjacent to the site. • The owners of the property have property rights to allow them to develop the property and have worked closely with the applicant to design a subdivision that will fit well within the area. C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by 21 - individuals who were opposed to the applications for the following reasons: The lack of a secondary access may cause emergency access to the proposed development may by questionable. The quality of development should be comparable to Riversend Subdivision in regard to density, buffer to adjacent development, and size of lots. Island Woods Drive should be extended through the development. Page 47 of 64 KAPlanning Dept\Eagle ApplicationsTrehminary Development Plaos\2015\Isla del Rio Sub ccf doc • Construction trucks will utilize Island Woods Drive for access to the proposed development. • The developer should be required to set money aside for any repair and maintenance of Island Woods Drive for damage they may be caused from construction traffic. • It is unknown who owns the mineral rights on the property and if any mining may occur. The city should check if the property is coming up for lease to oil and gas exploration. • The proposed development does not reflect responsible growth. • Based on the access to the development there is a safety issue. • The proposed development is not consistent with the comprehensive plan in regard to density. • The design of the proposed development is not consistent with the design of the adjacent subdivisions. • Based on the conditions found with the MOA with the City of Boise the applicant should be required to conform to the City of Boise's river ordinance. • The US Fish and Wildlife Service requires minimal setbacks for the protection of eagles and the city should require larger setbacks. • The buffer area located between the proposed development and the property located at 1240 East Riversong Drive is only 10 -feet in width and should be enlarged to be a minimum of 25 -feet in width. • There will be an increase of over 850 vehicle trips to Island Woods Drive due to the proposed development. • Based on the traffic counts children residing within Island Woods and Riversend Subdivisions who are walking to catch a school bus on Island Woods Drive will be at risk. • The buffer zone associated with the bald eagle's nest should be extended to 660 -feet in width from the nest area for no development. • The proposed club house located at the entrance to the subdivision should be centrally located within the subdivision so that children utilizing the facility will be safe from traffic accessing the subdivision. • The applicant has designed the subdivision to maximize profit from the development. • The buffer areas located adjacent to the western property line should be enlarged to provide a transition from the adjacent subdivision. • The street located in proximity to the northwest corner of the development should have a cul-de- sac and not have a connection to the existing stub street. • The bald eagle nest located in proximity to the southeastern corner of the development needs additional buffer area to protect the eagles. • The applicant should be required to reduce the density and provide additional buffer area. • The property rights must balance the individual's desire to develop with respect to the property rights of the neighboring property owners. • The city should have provided public notice beyond the required 300 -foot wide perimeter of the development. • The ranch is beautiful and the design of the subdivision is not appropriate for the area. • The neighbors did not have enough opportunity to work with the developer. • The applicant should be required to build a bridge across the river located east of the property to provide secondary access to the property. • The design of the development appears to be urban sprawl. • The city should purchase the land and preserve it. • The area will be removed from nature which will cause crime in the area. • The cars utilizing Island Woods Drive exceed the posted speed limit causing a safety issue for the residents. • The stub street (Garden Brook) located in proximity to the northwest corner of the proposed development should not be utilized for access to the subdivision. • The applicant should be required to comply with the proposed Flood Insurance Rate Maps. Page 48 of 64 KAPlanning Dept\Eagle ApplicationsTreluninary Development Plans\2015Usla del Rio Sub ccf.doc D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Eagle City Council by six (6) individuals who voiced the following concerns: • Applicant should be required to repair damage caused by construction traffic to the street pavers located within Island Woods Drive. The applicant should be required to enter into an agreement for the maintenance of the pavers with the Island Woods Subdivision HOA. • The buffer area located adjacent to Riversend Subdivision should be enlarged in width. • The stream located within the riparian area located adjacent to the northern property line should be maintained. • The number of lots located adjacent to Riversend Subdivision need to be reduced. • The applicant should be required to prepare an ecosystem statement. • The applicant should be required to remove the buildable lots located adjacent to the western property line. • The allowed times for construction traffic should be restricted to not impact children waiting for school buses in the existing subdivisions located adjacent to Island Woods Drive. COUNCIL DECISION REGARDING THE COMPREHENSIVE PLAN TEXT AMENDMENT: The Council voted 4 to 0 to approve (with modifications) CPA -02-15 to include 88.25 acres from the Boise City Comprehensive Plan (Boise City Land Use designation of "Large Lot') into the City of Eagle Comprehensive Plan (Eagle Land Use Designation of "Floodway" for 8.17 -acres and Residential Two — up to 2 units per acre for 80.07 -acres) for Buie Stoddard Group, pursuant to the city entering into an Memorandum of Understanding (MOU) with Boise City for the Eagle Island Area of Impact Transfer. COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE WITH A DEVELOPMENT AGREEMENT: The Council voted 4 to 0 to approve A-02-15/RZ-05-15 for an annexation and rezone from RP (Rural Preservation — Ada County designation) to R -2 -DA -P (Residential with a development agreement — PUD) for Buie Stoddard Group, with the following Planning and Zoning Commission recommended conditions of development to be placed within a development agreement 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 plat and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this agreement. 3.2 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that any such changes require additional public comment due to potential impacts on surrounding property or the community, a public hearing shall be held on any proposed changes in the Concept Plan, notice shall be provided as may be required by the City. 3.3 The total number of residential units on the Property shall not exceed 97 -units and the maximum density of the property shall not exceed 1.77 dwelling units per acre (excluding floodway). 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. Page 49 of 64 KAPlamting DeptTagle Applications\PreliminaryDevelopment Plans\2OMsla del Rio Sub cctdoc (b) A requirement for all fencing located adjacent to open space and corner lots to be open -style such as capped wrought iron, capped extruded aluminum (looks identical to wrought iron), or three -rail -type decorative fencing. Solid -type fencing is acceptable along the southern boundary of the subdivision. (c) A requirement that development (including fencing) within the floodway area is prohibited unless certification by a registered professional hydraulic engineer is provided demonstrating that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge and uses within the floodway shall be restricted to those which are required for public necessity. (e) A requirement that riparian vegetation and wildlife habitat, if any, along the stream bank and within the required 25 -foot wide setback or riparian zone be maintained. (f) An express acknowledgement that the property owners are aware of the existence of the Boise Waste Water Treatment Plant located across the south channel of the Boise River and waive the right to file complaints regarding odors, noise or other normal operations associated with the waste water treatment plant. (f) A requirement that in the event any of the CC&R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC&R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance. 3.5 The single-family dwellings shall be constructed in substantial conformance to the styles of architecture as shown in Exhibit "D". To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the development's CC&R's. Provisions regarding the creation and operating procedures of the ACC shall be included in the CC&R's, and shall be reviewed and approved by the City attorney prior to the approval of the first final plat. The submittal of the building permit application to the City for each structure within the development shall be accompanied by an approval letter from the Architectural Control Committee. Building permit applications that do not have an approval letter attached will not be accepted. To assure compliance with the conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not substantially conform to the design requirements as shown on Exhibit "D". If a building permit is denied, the applicant shall have the right to appeal the decision to the Eagle City Council in accordance with Eagle City Code Section 8-7-4-1. 3.6 The Owner's property shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the submittal of a final plat application. Prior to issuance of any building permits, Applicant shall provide proof of central sewer service to the proposed residential use. 3.7 Owner shall provide a clubhouse and pool located within a eewmen lot eentmlly leeated within the development. The intent of the pool and club house 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. Page 50 of 64 KAPlatming DeptTagle ApplicationsTreliminary Development Plans\2015Vsla del Rio Sub ccf.doc 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 approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a final plat application. 3.11 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.12 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. 3.13 Owner shall comply with the U.S. Federal Fish and Wildlife Permit, No. MB86328B-0, Conditions and Authorizations and Monitoring Protocol Details. In addition Owner shall comply with the following development requirements: (a) The proposed lots located within the 330 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29, 2016. (b) The area located within the 330 -foot wide buffer area (Lots 23-28, Block 3) shall' designated as -a singlonly be preliminary platted until such time as the eagle's nest is confirmed as abandoned by the U.S. Fish and Wildlife Service (USFWS) and City. Upon confirmation that the eagle's nest is abandoned by the USFWS and City the lots within the 330 -foot buffer area may be finallap tted. (c) The proposed lots located within the 660 -foot wide buffer area will meet all provisions outlined in the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29, 2016. (d) The proposed lots located within the 660 -foot wide buffer area shall only be preliminary platted until the required landscaped buffer located within the 330 -foot wide nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E), date stamped by the city on January 29, 2016. The mature landscaped buffer area shall be inspected and approved by the USFWS and City. Upon approval of the mature landscaped buffer area by the USFWS and City the lots within the 660 -foot wide buffer area (outside of the 330 -foot wide buffer area) may be final platted. Page 51 of 64 KAPlanning Dept\Eagle Applications\Prelimbtary Development Plans\2015\lsla del Rio Sub ccf.doc (e) The phasing plan, shown on the preliminary plat, date stamped by the city on July 25, 2016, shall be amended so that all lots located within phase four (4) are only those found within the 660 -foot wide buffer area and so that all lots located within phase five (5) are only those found within the 330 -foot wide buffer area. The preliminary plat shall remain in effect for a period of one year following the expiration of U.S. Federal Fish & Wildlife Permit No MB86328B- 0. (f) The area located within the 660 -foot wide buffer area shall be graded outside of the defined courting, nest, and fledging periods (January — July/August). Buried infrastructure shall only be allowed within this area and timeframe, however, no additional development or infrastructure shall be constructed within the 660 -foot area until the required landscaping located within the 330 -foot nest buffer area reaches maturity, as defined by the Isla del Rio Subdivision Environmental Impact Assessment (Exhibit E) or an acceptable alternative that is reviewed and approved by the USFWS and City. This includes the construction of roads, sidewalks, and other infrastructure to be constructed within the 660 -foot wide buffer area. General maintenance of the buffer areas is allowed, but should be minimized to the extent possible during courting, nest, and fledging periods (January — July/August). (g) In the event that a new bald eagle nest is constructed within the generalized area, all construction activity would cease within the 660 -foot radius from the nest until a bald eagle plan is developed and approved by the USFWS and City, and a new permit issued by the USFWS. (h) A bald eagle nest monitoring plan associated with the area located within the 660 -foot wide nest buffer shall be provided quarterly to the USFWS and the City. G) Prior to submittal of a final plat application Owner shall record a deed restriction in connection with the 330 -foot wide buffer area reasonably acceptable to the City attorney advising the public of condition of development approval 3.1.3 and U.S. Federal Fish and Wildlife Permit No. MB86328B-0, and prohibiting the sale of lots within the 330 -foot wide buffer area to an end user for the construction of a dwelling until satisfaction of condition 3.13 and Permit No MB86328B-0. 3.14 Owner shall provide and construct, in accordance with the provisions of Eagle City Code Section 9- 4-1-6, a minimum ten foot (10') wide asphalt public pathway along the portion of the Property located adjacent to the Boise River. The pathway shall be constructed concurrently with Phase No. 1 of Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision. The specific location and design of the pathway shall be approved by the City Engineer and the City of Eagle Park and Pathway Development Commission prior to submittal of a design review application. The asphalt pathway shall be located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is located. Upon completion of construction of the pathway and prior to the acceptance of the pathway by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the pathway was constructed within the easement area, and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. Other than any pathways approved by Eagle, development within the Floodway and the open space area between the development and the Boise River shall be prohibited. 3.15 A minimum of one emergency and/or service access point to the Boise River for the use of repair and rescue equipment and personnel shall be provided. Location and width of emergency and/or service access shall be as determined in coordination with the City of Eagle Park and Pathway Development Commission, Eagle Fire Department, and Boise River Flood Control District #10 and approved by City prior to approval of a design review application for the Property. Page 52 of 64 K:\PWuiing DepdEagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccEdoc 3.16 Upon completion of the Ada County Development Services Property Boundary Adjustment (Project No. 201500467 PBA) Conditions of Approval Owner shall provide a copy of the final approval letter to the city prior to the city adopting an ordinance of annexation. 3.17 The Eagle Island Area of Impact Agreement between the City of Eagle and the City of Boise shall be approved and executed by the City Council prior to approving a resolution to amend the comprehensive plan. COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT: The Council voted 4 to 0 to approve the Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development for Buie Stoddard Group 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: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-05-15 or any subsequent modifications. 2. The applicant shall comply with all conditions of approval of the Floodplain Development Permit (#FP -01-16) and complete the proposed work within the Area of Special Flood Hazard (ASFH) prior to the City Clerk signing the final plat for each respective phase affected by the Floodplain Development Permit. 3. Comply with all requirements of the City Engineer. 4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City, whichever occurs first. (ECC 9-2-3 [C] [3] [1]) 5. Provide documentation from the Army Corps of Engineers regarding the requirement of a 404 -Permit prior to submittal of a final plat application. Should a 404 -Permit be required, a copy of the final approval from the Army Corps of Engineers shall be required prior to submittal of a final plat application. 6. The required setbacks and lot coverage shall be as follows: Front 20-feet/living area, 25-feet/garage (front load) Rear 20 -feet Interior Side 7.5 -feet (first story)/(additional 5 -feet per story, measured to the second story) Street Side 15 -feet (living area), 25-feet/garage (front load) Maximum lot coverage 40% 7. Provide a revised preliminary plat with a plat note that states, "Minimum building setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of issuance of a building permit or as specifically approved and or required." The revised preliminary plat shall be provided prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat which includes a new plat note that states, "All development within this subdivision shall be consistent with the Conditions of Development of the development agreement associated with RZ-05-15 and subsequent modifications." The revised preliminary plat shall be provided prior to submittal of a final plat application. Page 53 of 64 KAPlanning Dept\Eagle ApplicationsTleliminary Development Plans\2015\lsla del Rio Sub ccf doc Provide a revised preliminary plat with plat note #4 revised to read, "Lots 1 and 3, Block 1; Lots 1, 10, and 11, Block 2; Lots 1, 8, 17, and 30, Block 3; Lots 1 and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6; are designated as common/landscape area lots and will be owned and maintained by the Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision Homeowners Association and/or assigns." The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. Provide a revised preliminary plat showing the subsurface pipes interconnecting the ponds located within common lots prior to submittal of a final plat application. 11. Pr-evide a revised przehminai3, plat shevving the eemmen lot asseeiated with the elubhouse and pool to be eentr-a4ly leeated within the development. The clubhouse and pool shall be constructed with the first phase of the development.be idea r- to sub tt , design r � Y Y Y~ 12. Provide a revised preliminary plat with a new plat note that reads, "Lots 1 and 3, Block 1; Lots 1, 10, and 11, Block 2; Lots 1, 8, 17, and 30, Block 3; Lots 1 and 23, Block 4; Lot 1, Block 5; and Lots 1, 12, 24, and 25, Block 6; are designated as common/landscape area lots and shall have a blanket public utilities, drainage, and irrigation easement." The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. Provide a revised preliminary plat showing street names approved by the Ada County Street Naming Committee prior to submittal of a final plat application. (ECC 9-2-3[C][3][i]) 14. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front 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. 15. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 16. Provide a revised preliminary plat identifying the locations of the 100 -year floodplain boundary and the floodway boundary 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 16001COI62H, (in effect at the time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside identified floodplain and floodway boundary lines." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1-8-5[E]) 17. Provide a revised preliminary plat with a new plat note that states, "There shall be a 25' wide riparian zone easement measured landward from the mean high water mark in which no improvement is Page 54 of 64 KAPWming Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccidoc permitted and riparian vegetation shall be maintained in its natural state for the protection and stabilization of the riverbank and that removal of trees or other vegetation is regulated." The revised preliminary plat shall be provided prior to submittal of a final plat application. (ECC 10-1-8-5[F]) 18. The single-family dwellings and pool house shall be constructed in substantial conformance with the architectural styles shown on Exhibit "D" (attached to the development agreement and incorporated herein by reference). The architectural styles provided by the applicant shall be the required architectural styles for the development. To assure compliance with this condition, the applicant shall create an architectural control committee (ACC) as a component of the subdivision CC&R's. Provisions regarding the creation 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 final plat application for phase one. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. To assure compliance with the PUD conditions of approval herein, the City reserves the right to deny, at its discretion, any building permit application that does not meet the architectural requirements established herein. 19. All overhead utilities on the site shall be removed and/or placed underground prior to the City Clerk signing the final plat. (ECC 9-4-1-8) 20. 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 capped wrought iron or other similar decorative style, durable fencing material. Fencing at the perimeter of the project along the south boundary of the subdivision may be a solid -type fencing. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7 (J). 21. The Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision shall remain under the control of one Homeowners Association. 22. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. 23. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. 24. All plat notes that are required on the preliminary plat shall be transferred to final plat prior to submittal of a final plat application. 25. Provide a revised preliminary plat showing the number of lots located adjacent to the western boundary (between the two (2) streets providing access to the development) shall be reduced from a total of eight (8) lots to six (6) lots. The revised preliminary plat shall be provided prior to submittal of a final plat application. 26. The applicant shall be required to provide increased dense landscape screening on Lot 1, Block 2 (as shown on the preliminary plat, date stamped by the city on July 25, 2016). The landscape screening shall consist of a combination of shrubs, deciduous trees and evergreen trees. The landscape screening plan shall be reviewed and approved by the Design Review Board prior to submittal of a final plat application. Page 55 of 64 KAPlatming Dept\Eagle ApplicationsTieliminary Development Plm\201Nsla del Rio Sub ccf.doc 27. Provide a revised preliminary plat amending the phasing plan so that all lots located within phase four (4) are only those lots found within the 660 -foot wide buffer area and so that all lots located within phase five (5) are only those lots found within the 330 -foot wide buffer area The revised preliminary plat shall be provided prior to submittal of a final plat application 28. Provide a revised preliminary plat with a new plat note that states "All Lots within phase 5 are subject to U.S. Federal Fish and Wildlife Permit No. MB8632813-0 and are subject to related City of Eagle Conditions of Development of the development agreement associated with RZ-05-15 The lots within phase 5 shall not be sold to an end user for the construction of a dwelling prior to satisfaction of U.S. Federal Fish and Wildlife Permit No. M138632813-0 and the related Conditions of Development of the development agreement associated with RZ-05-15 " The revised preliminary plat shall be provided prior to submittal of a final plat application 29. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and prohibited on Sunday. The applicant shall install at the entrance to the Williamson River Ranch Subdivision (f.k.a. Isla del Rio) 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 30. The applicant shall work with the homeowner located at 1240 East Riversong Drive regarding the height (single or two-storv) of the dwelling to be located on the buildable lot located adjacent to 1240 East Riversong Drive. 31. The Applicant shall review the License Agreement between Island Woods homeowners association and the Ada County Highway District regarding the use of pavers in public roads in Island Woods subdivision. The applicant shall contact the homeowners associations in Island Woods Rivers End and Nestled Island subdivisions and use good faith efforts to reach agreement with such owners associations in connection with an equitable sharing of the cost of maintenance of such street pavers 32. The streamflow of the stream located within the riparian area in proximity to the northwest corner of the property shall be maintained with its historical flow based on the flows of the Boise River. 33. The applicant shall provide a revised preliminary plat showing East Island Woods Drive stubbed to the adjacent property located south of the posed development The revised preliminary plat shall be provided prior submittal of a final plat application NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 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). Page 56 of 64 KAPlanning DeptTagle ApplicationsTreliminary Development Plansl2015Usla del Rio Sub ccf doc 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 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 57 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub ccf.doc 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. C. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathway Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathway Page 58 of 64 KAPlsnning Dept\Eagle ApplicationsTreliminary Development Plans\2015\Isla del Rio Sub ccf.doc Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in -interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. Page 59 of 64 KAPlanning Dept\Eagle ApplicationsWrelimmary Development Plans\2015Usla del Rio Sub ccEdoc 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed comprehensive plan amendment (CPA -02-15) and based upon the information provided concludes that the proposed comprehensive plan amendment is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: The Comprehensive Plan lists goals to "Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, ... and transportation systems" as well as promote "a high quality of life and livability in the community." Because sewer and water are immediately available to the area from within the existing City limits, there will be no requirement to extend these services and no additional costs to do so, other than by those who will develop the properties. The proposed use will provide additional diversity of housing in the area while protecting the lifestyles of those who have made Eagle their home. This change is consistent with the other land uses located on Eagle Island and significant safeguards for the eventual development of the site are contained within the Memorandum of Understanding (MOU) with Boise City for the Eagle Island Area of Impact Transfer, the requirements of the US Fish and Wildlife Service, and Idaho Fish and Game (including but not limited to the Environmental Assessment, the Habitat Report, and the conditions within the US Fish and Wildlife Service take permit and monitoring plan), and the development agreement for the site. 2. The Council reviewed the particular facts and circumstances of this proposed rezone upon annexation with a development agreement (A-02-15/RZ-05-15) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided, concludes that the proposed applications are in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. The requested zoning designation of R -2 -DA -P (Residential with a development agreement — PUD) is consistent with the Residential Two designation as shown on the Comprehensive Plan Land Use Map; b. The information provided from the agencies having jurisdiction over the public facilities needed for this site indicate that adequate public facilities exist, or are required to be provided, to serve a single-family dwelling residential subdivision on this property under the proposed zone; c. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the MU -DA (Mixed Use with a development agreement) zone and land use to the north since this area is designated as Mixed Use in the comprehensive plan and is being developed with a residential development with higher density than the subject site. Also, the Boise River Page 60 of 64 KAPlatming Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccEdoc provides a buffer between the properties; d. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the RP (Rural Preservation — Ada County designation) zone and land use to the south since this area is designated as Residential Two in the comprehensive plan and may be developed with a similar density in the future and the current landowner is in support of the application; e. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the RP (Rural Preservation — Ada County designation) zone and land use to the east since this area is designated Head of Eagle Island in the comprehensive plan and will not be developed in the future; f. The proposed R -2 -DA -P (Residential with a development agreement — PUD) zoning district is compatible with the R -2-P (Residential — PUD) zone and land use to the west since this area is designated Residential Two and is developed with a subdivision with similar density and lot sizing as the proposed development; g. The land proposed for rezone is located within a "Hazard Area" and "Special Area" as described within the Comprehensive Plan. The applicant has submitted the required documentation, applications, and permits to address the city's concerns regarding development in those areas; h. No non -conforming uses are expected to be created with this rezone. 3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-02-15/PPUD-01-15/PP-03-15) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. The intent of the Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development is to provide a development with quality housing and amenities that take advantage of the Boise River as a natural resource. The increase to the community tax base as a result of the project will assure there is no detrimental impact to the economic welfare of the community. b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Williamson River Ranch (f.k.a. Isla Del Rio) Planned Unit Development is designed to not exceed the total allowed density of the area and provide lots of comparable size to the surrounding developments. The proposed development provides a variety of lot sizes and housing types to blend in with the adjacent development and future development. The proposed development also includes approximately 45.7% open space which is significantly higher than developments located in proximity to the site. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses The development will have access to East Island Woods Drive (residential collector) and East Garden Brook Drive (local street). East Island Woods Drive was designed to provide access to future development contained within the subject property. The site will be served with central water and sewer. d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Page 61 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2OMsla del Rio Sub ccEdoc No major impacts are expected as this development should only develop normal traffic patterns that would be related to a residential subdivision development. The proposed dwelling units on the site will be compatible with existing or proposed residential uses in the area. e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, water or highway district. g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. The development plan was designed with consideration given to usable open space, ponds, pedestrian pathways and other special features commensurate with its location. The proposed development contains approximately 45.7% of open space to serve the residents of the subdivision as well as provide a public greenbelt pathway located adjacent to the Boise River. The applicant is also proposing a clubhouse with a swimming pool. h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. Access to the development will be from Island Woods Drive (residential collector) and East Garden Brook Drive. The design and construction of the roadways and entrances is guided by the Ada County Highway District. i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. The applicant will be required to maintain the scenic riparian areas located near the Boise River and the existing slough in their natural state. There is a bald eagle's nest located in proximity to the subject site and the applicant is required to provide mitigation measures (as identified in Environmental Impact Assessment, date stamped by the city on January 26, 2016, and conditioned herein) in regard to possible impacts to the nest area. j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development is in accordance with the comprehensive plan since the plan calls for Residential Two. The proposed development contains a mix of lot sizes and is below the density that is allowed for the site. 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. This application requests approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. Page 62 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccf.doc 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. in. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The water, sewer, and roadways will be constructed and funded by the developer. The infrastructure necessary to serve this property with fire, police, and other public services already exists. The revenue generated from taxes will cover the additional manpower necessary to serve this property once developed. The public services that will be provided to the development include the following: Fire The project is located within the Eagle Fire District. The estimated tax revenue generated to the Eagle Fire District from the development is approximately $60,563/year (without Homeowner's Exemption). Police The project will be served by the Eagle Police Department. Water The project is located within Suez Water certificated area. Sewer The applicant will be required to comply with the requirements of the City of Boise Public Works Department and the Eagle Sewer District. The estimated tax revenue generated to the Eagle Sewer District from the development is approximately $944/year (without Homeowner's Exemption) plus user fees. Road Construction The construction of all interior roads will be completed by the developer. Upon completion the roads will be dedicated to ACHD. The estimated tax revenue generated to the Ada County Highway District from the development is approximately $31,120/year (without Homeowner's Exemption). Open Space The development will contain over 45.7% of passive and active open space providing residents with pathways, swimming pool, and ponds. A system of public and private pathways will provide pedestrians with a safe and efficient way to move throughout the property. Maintenance The maintenance of any private open space areas will be regulated by the Williamson River Ranch (f.k.a. Isla Del Rio) 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 Williamson River Ranch (f.k.a. Isla Del Rio) Subdivision are located in the West Ada School District boundaries. The estimated tax revenue generated to the West Ada School District from the development is approximately $130,034/year (without Homeowner's Exemption). Page 63 of 64 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2015Usla del Rio Sub ccf.doc o. The estimated tax revenue generated to the City of Eagle from the development is approximately $31,400/year (without Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The costs of public services for the development will be offset by the user fees and tax revenue generated by the homes located within the development. DATED this 251 day of October, 2016. CITY COUNCIL OF THE CITY OF EAGLE Ada ty, Idaht OF g4 C ��'•. e"4� Stan Ridgeway, Mayor * tt SEAL ATTEST: !A6. .,�•� OF 1p �••. Sharo�KBergmann, EaglfCit Jerk Page 64 of 64 KAPlanning Dept\Eagle AppbcalionsTreluninary Development Plans\2015Vsta del Rao Sub ccf.doc !NL a: uj W0 U ~ Lu i X W a I gni � I sH� N OUR $� " rgi ?� �b 5 ¢®n• a �#��j 3£�9�3 LF ppyey fiQ Fpm �yy'g $ygg3�$ p°595$q$pQ 3 Ire a I gni � I sH� N OUR $� " rgi ?� �b 5 ¢®n• a �#��j 3£�9�3 LF ppyey fiQ Fpm �yy'g $ygg3�$ p°595$q$pQ 3