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Findings - PZ - 2024 - A-06-23/RZ-12-23/CU-12-23/PPUD-04-23/PP-08-23 - Wildernest River - Annexation, Rezone from RP to R-2-DA-P, Conditional Use Permit, Preliminary Development Plan, and Preliminary Plat for Wildernest River Sub BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR 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 FOR WILDERNEST RIVER SUBDIVISION ) FOR TOBY AND LINDA WILLIAMSON ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER A-06-23/RZ-12-23/CU-12-23/PPUD-04-23/PP-08-23 The above-entitled annexation,rezone with a development agreement,conditional use permit,preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 3,2024,at which time public testimony was taken and the public hearing was closed. The Eagle Planning and Zoning Commission,having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Toby and Linda Williamson, represented by Stephanie Hopkins with KM Engineering, LLP, are 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 Wildemest River Subdivision, a 119-lot (108-buildable, 11-common) planned unit development. The 88-acre site is located at the terminus of South Isla Del Rio Way, South Lago Way, and South Riparian Way at 850 and 856 East Williamson Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at City of Eagle Community Center at 6:00 PM, on Monday, June 5, 2023, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on December 5, 2023. A revised conceptual plan was submitted to the City on April 26, 2024. A revised preliminary plat was submitted to the City on May 16,2024. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on December 20, 2023, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the applications 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 May 17,2024. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67,Chapter 65,Idaho Code and Eagle City Code on May 17, 2024. The site was posted in accordance with the Eagle City Code on May 22,2024. Page 1 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc D. HISTORY OF RELEVANT PREVIOUS ACTIONS:None E. COMPANION APPLICATIONS: All applications are inclusive herein. F. APPLICANT'S STATEMENT OF JUSTIFICATION FOR A REZONE: See applicant's narrative, dated stamped by the City on December 5, 2023 (attached to the staff report). G. APPLICANT'S STATEMENT OF JUSTIFICATION OF A DEVELOPMENT AGREEMENT: See applicant's narrative, dated stamped by the City on December 5, 2023 (attached to the staff report). H. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood RP(Rural Preservation— Single-Family Dwelling and Residential,Head of Ada County designation) Agriculture Eagle Island,and Floodway Proposed No Change R-2-DA-P(Residential Single-Family Residential with a development Subdivision agreement—PUD) North of site Neighborhood R-2-DA-P(Residential Single-Family Residential Residential and Head with a development Subdivision(Williamson of Eagle Island agreement—PUD) River Ranch Subdivision) South of site Public/Quasi-Public I-2(Industrial: Heavy— City of Boise Wastewater (Boise City Boise City designation) Treatment Plant Comprehensive Plan) East of site Head of Eagle Island RP(Rural Preservation— Vacant parcel(Ponds) Ada County designation) West of site Neighborhood R-2-P(Residential— Single-Family Residential Residential and PUD) Subdivision(Riversend Floodway Subdivision) DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA or DSDA. J. SITE DATA: Total Acreage of Site—88.03-acres Total Number of Lots— 119 Residential— 108 Commercial—0 Industrial—0 Common— 11 Page 2 of 35 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc Total Number of Units— 108 Single-family— 108 Single-family attached—0 Two-family—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.40-dwelling units per acre 1.40-dwelling units/acre (not including the floodway (as limited by the area) development agreement) Minimum Lot Size 10,000-square feet 17,000-square feet (minimum) Except that a decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved)—pursuant to ECC Section 8-6-6-5 (A).The offsetting increase of the required percentage in open space has been provided. Minimum Lot Width 76-feet 75-feet(minimum) Minimum Street Frontage 47-feet 35-feet(minimum) Total Acreage of Common Area 45.93-acres 20.35-acres(minimum) Open Space Percent of Site as Common Area 52.1% 23.1%(minimum) 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 Percent of Common Area Open 31.0%(16.17-acres) 15%(6.89-acres) Space as Active Open Space (minimum) * A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an offsetting increase in open space. Page 3 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc K. GENERAL SITE DESIGN FEATURES: Common Area Open Space and Greenbelt Areas: The site is proposed with 45.9-acres (52.1%) of open space. The open space consists of 11- common lots. The common lots will consist of four (4) community ponds, an historic silo with a seating area and historical ranch monument, clubhouse and pool amenity, water feature, a greenbelt pathway, community pathway, and internal subdivision pathways. The two(2)northern ponds are designed to provide a natural amenity and buffer for future and existing residents within Willamson River Ranch Subdivision. The large common lot located adjacent to the South Channel of the Boise River is designed to preserve the riparian forest area. The common area active open space consists of 16.17-acres(31%). The Parks, Pathways, and Recreation Commission (PPRC) has reviewed the proposed pathways and trails and provide a recommendation(see attached PPRC Action Report,dated May 9,2024). 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&Rs 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 10 feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System: The existing home located within the site is served by an individual well and septic system. Preservation of Existing Natural Features: Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, watercourses, historic spots and similar irreplaceable assets) shall be preserved in the design of the subdivision. Preservation of Existing Historical Assets: The site contains a historic silo which the applicant is proposing to retain and enhance with signage describing the significance of the structure to the heritage of the property. L. STREET DESIGN: Private or Public Streets: See ACHD staff report, date stamped by the City on January 30, 2024 (attached to the staff report). Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500':None. Page 4 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc Cul-de-sac Design: Two(2)cul-de-sacs are proposed: • South Winners Circle Place: 531-feet in length, 50-foot radius • North Foudy Place: 342-feet in length,50-foot radius Sidewalks: The preliminary plat, date stamped by the City on May 16, 2024, shows 5-foot-wide detached sidewalks separated from the street by 8-foot-wide sidewalks located on both sides of the street. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. M. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: See Parks,Pathway,and Recreation Commission's Action Report,dated May 10, 2024 (attached to the staff report). N. PUBLIC USES PROPOSED: The applicant is required to provide a greenbelt pathway adjacent to the South Channel of the Boise River. O. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists P. AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES: The property will receive potable water from Veolia Water of Idaho. Eagle Sewer District will provide central sewer. The property will receive fire protection from the Eagle Fire Department and police protection from the Eagle Police Department. Q. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern—Yes — Located adjacent to the South Channel of the Boise River Evidence of Erosion—No Fish Habitat—Yes—South Channel of the Boise River Floodplain — Yes — South Channel of the Boise River, FEMA Firm Panel #16001C0162J, Effective June 20,2020 Mature Trees — Yes — Located within the southern portion of the property and adjacent to the existing dwelling located at the northern portion of the site. Riparian Vegetation—Yes-Located adjacent to the South Channel of the Boise River Steep Slopes—No Stream/Creek—Yes—South Channel of the Boise River Page 5 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc Unique Animal Life—Yes—Red-tailed Hawk nest located within the riparian forested area Unique Plant Life—Yes—Riparian area located adjacent to the South Channel of the Boise River Unstable Soils—unknown Wildlife Habitat—Yes—Adjacent to the South Channel of the Boise River R. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN: Environmental Impact Assessment, Wildernest River Subdivision, date stamped by the City on December 5,2023 (attached to the staff report). S. AGENCY RESPONSES: The following agencies have responded, and their correspondence is attached to the staff report. ACHD Ballentyne Ditch Company COMPASS Eagle Fire Department Eagle Sewer District Flood Control District#10 Idaho Transportation Department Idaho Transportation Department(response to Traffic Impact Assessment) T. CITY ENGINEER RECOMMENDATION: City Engineer: All comments within the engineer's letter dated April 12, 2024, are of special concern(attached to the staff report). U. RESPONSE FROM THE EAGLE PARKS, PATHWAYS, AND RECREATION COMMISSION: On May 9, 2024,the PPRC recommended approval of the proposed pathways with conditions of approval as provided within the PPRC's Action Report,dated May 10,2024(attached to the staff report). V. LETTERS FROM THE PUBLIC(attached to the staff report): Email correspondence received from Gene and Jane Williams,dated May 28,2024. W. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in four(4)phases beginning in 2025. X. 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. Page 6 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer,and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating eleven (11) 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. Page 7 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wilderest River Sub PZF.doc THE PLANNING AND ZONING COMMISSION RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designation The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: Neighborhood Residential Suitable for single-family residential.Densities range from 2 units per acre to 4 units per acre. Floodway Floodway areas are defined as specifically shown on the newest edition of the Federal Emergency Management Administration Flood Insurance Rate Maps(FIRM)along the Boise River and Dry Creek (generally shown as floodway on the Land Use Map). These areas are to remain open space because of the nature of the floodway which can pose significant hazards during a flood event. Floodway areas are excluded from being used for calculating residential and development densities. Any portion of the floodway developed as a substantially improved wildlife habitat and/or wetlands area that is open to and usable by the public for open space, such as pathways, ball fields, parks, or similar amenities, as may be credited toward the minimum open space required for a development, if approved by the City Council. When discrepancies exist between the floodway boundary shown on the Land Use Map and the floodway boundary shown on the FIRM maps so 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. Head of Eagle Island The head of 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. Regional Open Space Open space should be designed to capitalize on and expand the open space areas around natural features and environmentally sensitive areas. Priorities for preservation include: The most sensitive resources—floodways and floodplains (including riparian and wetland areas), slopes in excess of 25%, locally significant features, and scenic viewpoints. Fragmentation of open space areas should be minimized so that resource areas are able to be managed and viewed as an integrated network. Open space areas within the Foothills and along Dry Creek and the Boise River should be designed to function as part of a larger regional open space network. Where possible, open space should be located to be contiguous to public lands and existing open space areas. Page 8 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 6.4.2 General Land Use Objectives A. Encourage the conservation and preservation of open spaces(sensitive habitat for plant wildlife species,and unique areas)based on diverse values within the City of Eagle. 6.4.3 General Land Use Implementation Strategies A. Conserve the natural features and resources that make Eagle unique. P. Support City of Eagle flood and storm drainage regulations to achieve protection of property rights, environmental protection and flood damage reduction for community residents. Chapter 7—Natural Features,Hazard Areas&Special Sites 7.1.2 Hazard Areas FLOODWAY/FLOODPLAIN: The Floodplains of the Boise River and Dry Creek constitute a significant hazard area within Eagle and its' planning area. Future areas may be added to the Comprehensive Plan when deemed necessary. Areas of flooding consist of two parts: (1) the floodway which is the most severe area of flooding characterized by deep and fast-moving water; and (2) the floodplain which is less severe than the floodway and is characterized by shallower and slower moving waters at the time of flooding. The floodway is shown as a generalized area on the Future Land Use Map (See Chapter 6: Land Use). The Federal Emergency Management Administration (FEMA) maps show specifically where the floodway and floodplain boundaries are located. (Also, see Eagle City Code Title 10 for definitions of terms relating to the floodplain areas.) The Dry Creek floodplain has a potential for flash flooding while the Boise River is more likely to experience seasonal flooding due to winter run off and weather conditions. Retaining the 100 year floodplain of the Boise River and Dry Creek in a native state,wildlife habitat, agricultural, and open space area, should be encouraged. Trail and open spaces uses may be encouraged when not in conflict with native uses. 7.1.3 Special Areas& Sites(Reads in part) "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 plans including hillsides,foothills and gulches • Water quality • Sanitation • Area-wide traffic plans • Pathways and trail access Page 9 of 35 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildemest River Sub PZF.doc • Wetlands issues • Fish and wildlife habitat • Existing trees and natural features • River and creek greenbelt areas • Potential for permanent open space and natural preserves including steep hillside terrain, rock outcroppings and foothill gulches. Recognized special areas and sites include: 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. Additional discussions of the Boise River Floodplain can be found in Chapter 9: Parks, Recreation & Open Space. HEAD OF EAGLE ISLAND: The Head of Eagle Island is recognized for wildlife habitat, floodway and scenic natural resources that are 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. Additional discussions of the Head of Eagle Island can be found in Chapter 6: Land Use and Chapter 9: Parks, Recreation&Open Space. 7.2 Natural Features,Hazard Areas& Special Sites Goals A. To provide special concern and attention to the preservation of native wildlife, fish, and plants, water resources, air quality, agriculture, open space, and recreational/natural areas when implementing planning and zoning decisions. B. To promote the conservation and efficient management of all special areas and sites. C. To plan for and mitigate hazard areas to protect the health, safety, and welfare of the community. 7.3 Objectives A. To provide and protect riparian habitat that provides 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. D. To protect unique and important features such as rare plant populations, colonial wildlife features,rare species, springs and high quality native plant communities. F. To ensure that citizens are aware of natural hazards and that land use decisions do not put citizens in harm's way. 7.4 Implementation J. 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. M. Require developers to demonstrate funding for long term habitat mitigation projects, including habitat rehabilitation, resident education, weed control, water project development, and other programs as may be deemed necessary by the city. Page 10 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wilderest River Sub PZF.doc Q. Protect and improve natural and man-made waterways. Work with appropriate agencies to ensure proper maintenance of the facilities. V. Preserve existing healthy and appropriately located trees and establish appropriate landscaping as a part of new developments. Chapter 9—Parks,Recreation,&Open Spaces 9.4 Open Space While open space is a broad term, in Eagle open space is land which is not used for buildings or structures and offers opportunities for passive recreation (viewpoints and trails) or water amenities and wildlife habitat. Within the City today, the majority of the preserved open space is wildlife areas along the Boise River and Dry Creek or areas of critical concern like the Head of Eagle Island Special Use Area or public/semi-public lands set aside for wetlands, see Chapter 6: Land Use. Eagle's subdivision and development standards establish minimums for both active and passive open space within the community. Unlike active recreation detailed above, open space areas are often managed to protect and enhance the intrinsic nature of a site, including steep slopes, view sheds, floodways, riparian areas, wetlands, and habitat areas that if disturbed are not easily or readily returned to their previous condition. As the City expands, additional elements should be added into open space including historic sites and structures. Preservation of these areas will help to further support Eagle's rural heritage and small-town feel. 9.4.1 Open Space Goals A. Provide whenever possible open space and natural features such as natural river frontage, greenbelts, river trails and pathways, creeks, floodplains, and floodways, drainage ways and canals, development buffers, wooded areas, grasslands, foothills, and viewpoints for public benefit and enjoyment. B. Identify and plan for the protection of historic sites, structures and vistas that provide connection to Eagle's rural and agrarian heritage while contributing to Eagle's small-town feel and quality of life. 9.4.2 Open Space 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,aquifer recharge,watersheds,and wetlands. B. To protect against hazards that are inherent to flood plains, flood ways, steep slopes, and areas of geological instability. C. To protect the natural lay of the land(e.g.,minimize land disturbance). D. To protect unique environmental areas such as historical, geological, and archaeological sites and monuments,natural areas, and wildlife habitat. E. To protect important views, vistas, and panoramas of the community's natural setting and environment. 9.4.3 Open Space Implementation A. Encourage cluster development within flood plains, floodways, steep slopes, habitat and riparian areas within the City limits to retain and protect critical areas as open space in perpetuity. Page 11 of 35 K:\Planning Dept\Fagle Applications\Preliminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildernest River Sub PZF.doc E. Preserve existing trees and establish appropriate landscaping as a part of new developments. F. Encourage the preservation of habitat areas which provide for fish and wildlife. 9.5 Floodway&Floodplain The City's comprehensive plan has historically preserved the FEMA designated floodway as open space. To this end, these areas are not provided development densities but these areas are allowed to be used to meet the open space and recreation requirements for adjacent development. During the development of the 2017 Comprehensive Plan, significant concern was expressed about the impact development is having in the wetland, riparian, and habitat areas located within the 100-year floodplain. It was suggested that we are loving our river and creeks to death, with too many users in some of the most sensitive areas. To this end, the Future Land Use Map (see Chapter 6: Land Use)was expanded to include the 100-year floodplain in the regional open space overlay, an area that limits trails, active recreational, amenities, and development in these areas. To this end, the plan does not provide development density within the floodway and uses a regional open space overlay to encourage residential clustering within the 100-year floodplain. 9.5.1 Floodway/Floodplain Goal Strive for a balance between the needs of the natural environment (floodway, floodplain, corridors for habitat, riparian and wildlife areas) and recreational users (greenbelt, pathway, sportsman's access,and viewpoints). 9.5.2 Objectives A. To protect against hazards that are inherent to flood plains and flood ways. B. To protect Eagle's unique environmental areas,natural areas,and wildlife habitat. C. To promote the conservation and efficient management of floodways and floodplains within the City of Eagle. 9.5.3 Implementation Strategies B. Encourage the preservation of habitat areas which provide for fish and wildlife. C. Require developers to identify and preserve habitat, riparian, and wetland area at the time of development. B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2-1: Districts Established,Purposes and Restrictions: R RESIDENTIAL DISTRICT: To provide regulations and districts for various residential neighborhoods. Gross density in an R district shall be determined according to the numeral following the R. The numeral designates the maximum number of dwelling units per acre. Multi-family and two-family units/developments are prohibited in R-1,R-2,R-3,R-4 and R-5 zoning districts, unless approved as part of a planned unit development (PUD). Centralized water and sewer facilities are required for all subdivision and parcel division applications submitted after the effective date hereof in all zoning districts except the city council may permit the use of individual well(s) and septic system(s) in the A, A-R and R-E zoning districts upon a determination that the public health, safety,and welfare will not be negatively impacted. Whenever there is a conflict or difference between the provisions of this section and those of other chapters and/or other titles, the chapter or title with the more restrictive provision shall prevail. When a property is being proposed for rezone to the R zoning district, a development agreement may be utilized in lieu of the PUD and/or conditional use process if approved by the city council, provided the development agreement includes conditions of Page 12 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc development that are required during the PUD and conditional use process. P PLANNED UNIT DEVELOPMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., R-4-P), indicates that the development was approved by the city as a planned unit development. Density transfers may have been permitted as a part of the overall development. DA DEVELOPMENT AGREEMENT: This designation, following any zoning designation noted on the official zoning map of the city (i.e., C-2-DA), indicates that the zoning was approved by the city with a development agreement. Specific provisions, as may have been incorporated within the development agreement, are applicable to development within this zoning designation. • Eagle City Code Section 8-2-4: Schedule of Building Height and Lot Area Regulations: Minimum Yard Setbacks Minimum Note Conditions A To E* Lot Area Zoning Maximum (Acres Or Minimum District Maximum Front Rear Interior Street Lot Covered Square Lot Height Side Side F And J* Feet)H* Width I* R-2 35' 30' 30' 10' 20' 40% 17,000 75' G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk. B. SUBDIVISION CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-2-1: Streets and Alleys:Location and Design: Street and road location and design shall conform to the following standards: G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750') in length and shall terminate with an adequate circular turnaround having a minimum radius of fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. One traffic control sign stating that on street parking is prohibited within the turnaround shall be installed at the entrance of the turnaround on the driver's side of the street. • Eagle City Code Section 9-3-8(B):Public Sites and Open Spaces: Public sites and open spaces shall conform to the following standards: 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. • Eagle City Code Section 9-4-1-8:Underground Utilities: Underground utilities are required. Page 13 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc C. FLOOD CONTROL CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 10-1-1: Findings of Fact: 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,health,and property; 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 purification and sewage treatment plants, water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard; 6. To help maintain a stable tax base by providing for the sound use and development of areas of special flood hazard so as to minimize future flood blight areas; 7. To ensure that potential buyers are notified that property is in an area of special flood hazard, warn that city review and approval is not going to prevent flooding and that 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. Page 14 of 35 K:\Planning Dept\Pagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc • Eagle City Code Section 10-1-2: Objectives and Methods of Reducing Flood Losses: In order to accomplish its purposes,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 flood heights, velocities,or erosion; B. Requiring that development which is vulnerable to floods, including structures and facilities necessary for the general health, safety, and welfare of citizens, be protected against flood damage at the time of initial construction; C. Preserve and restore natural floodplains, stream channels and natural protective barriers which help accommodate or channel floodwaters; D. Control filling, grading, dredging and other development which may increase flood damage or erosion. • Eagle City Code Section 10-1-5:Rules and Definitions: DEVELOPMENT: Any manmade change to improved or unimproved real estate, including, but not limited to, the construction of buildings or other structures, mining dredging, filling, grading,paving,excavation,or drilling operations,or storage of equipment or materials. DEVELOPMENT ACTIVITY: Any activity defined as development which will necessitate a floodplain development permit; such as: the construction of buildings, structures, or accessory structures; additions or substantial improvements to existing structures; bullcheads, retaining walls, piers, and pools; the placement of mobile homes; or the deposition or extraction of materials;the construction or elevation of dikes,berms and levees. FLOOD ZONE: A geographical area shown on a flood hazard boundary map (FHBM) or flood insurance rate map(FIRM)that reflects the severity or type of flooding in the area. FLOODPLAIN or FLOOD-PRONE AREA: The land that has been or may be covered by floodwaters, or is surrounded by floodwater and inaccessible, during the occurrence of the regulatory flood.The riverine floodplain includes the floodway and the flood fringe. FLOODWAY: The channel of a river or other watercourse and adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot(1'). MEAN HIGH WATER MARK: A water level corresponding to the natural or ordinary high water mark and is the line which the water impresses on the soil by covering it for sufficient periods of time to deprive the soil of its terrestrial vegetation and destroy its value for commonly accepted agricultural purposes. The current mean high water mark is at a flow of six thousand five hundred(6,500)cubic feet per second(cfs)along the Boise River. Tributary waters within the city of Eagle will reference specific data establishing the water level. The mean high water mark is established by the U.S. Army Corps of Engineers. NO ADVERSE IMPACT: Floodplain management where the action of one property owner does not adversely impact public property or other private property, as measured by increased flood peaks, flood stage, flood velocity, and erosion and sedimentation. No adverse impact floodplain management is a policy which provides a means to promote the use of retention/detention or other techniques to mitigate increased runoff from urban areas. RIPARIAN ZONE: That area along the banks of any waterway twenty five feet(25')in width measured landward from the mean high water mark. Page 15 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc SPECIAL FLOOD HAZARD AREA (SFHA): The land in the floodplain within a community subject to a one percent(1%)or greater chance of flooding in any given year. For purposes of these regulations, the term SPECIAL FLOOD HAZARD AREA is synonymous in meaning with the phrase "area of special flood hazard". • Eagle City Code Section 10-1-6: Basis for Flood Hazard Areas: The Special flood hazard areas identified by the Federal Emergency Management Agency, in its flood insurance study(FIS)"The Flood Insurance Study(FIS) for Ada County, Idaho And Incorporated Areas", dated June 19, 2020, with accompanying flood insurance rate maps (FIRM), or digital flood insurance rate maps (DFIRM), and other supporting data, are adopted by reference and declared to be a part of this chapter. A copy of the FIS and FIRM shall be maintained on file at the Office of the Planning and Zoning Department located within Eagle City Hall, 660 East Civic Lane,Eagle,Idaho. • Eagle City Code Section 10-1-7:Development Permit Requirements: A. Permit Required:A floodplain development permit shall be required in conformance with the provisions of this chapter prior to the commencement of any development within any special flood hazard area established in section 10-1-6 of this chapter. The floodplain development permit shall be for all structures, including manufactured homes, and for all other development, including fill and other activities, as each are defined in section 10-1- 5 of this chapter. A floodplain development permit shall also be required for any development that could possibly increase or alter the flood hazard. • 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 and other development 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 (in effect at the time of approval of the plat) 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. G. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state statute, including section 404 of the Federal Water Pollution Control Act Amendments of 1972,33 USC § 1334. Page 16 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildetnest River Sub PZF.doc • Eagle City Code Section 10-1-8-7: Floodplain and Floodway Standards: C. Standards For Floodways And Flood Fringe Areas: Areas designated as floodways are located within special flood hazard areas established in section 10-1-6. 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: 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 Cl 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 special flood hazard area 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 or Dry Creek,prior to approval of the final plat 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 one (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 section 9-3-2-5C of this code for private streets. E. Riparian Areas: Located within areas of special flood hazard, established in section 10-1- 6, 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; Page 17 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 2. Preservation of riparian vegetation and wildlife habitat, if any, along the stream bank and within the required minimum twenty five foot(25')setback or riparian zone; 3. No development or other than development by the city of Eagle or required for emergency access shall occur within the twenty five foot(25') riparian zone with the exception of approved stream stabilization work. The 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, Bebb's willow, Drummond's willow, little wild rose, gooseberry,and honeysuckle. G. Fill Requirements: For fill placed in the floodplain: 1. Development within the area of special flood hazard shall result in no net loss in natural storage. Grading plans shall show that existing natural storage volume in the floodplain, as bounded by the existing surface topography and the base flood elevation surface, shall not be reduced from the current quantity. Postdevelopment storage volumes will be calculated from the postdevelopment flood elevation for the base flood event. Depressions which will be filled with groundwater and sections of the floodplain which are restricted from floodwater conveyance due to roads built above the base flood elevation shall not be considered when determining storage volumes. Development within the DDA, TDA or CEDA design review overlay areas shall not be subject to the provisions of this subsection. D. DISCUSSION (based on the preliminary plat, date stamped by the City on May 16, 2024, Conceptual Plan, date stamped by the City on April 26, 2024, and narrative date stamped by the City on December 5, 2023): • Approximately 9.65-acres located within the eastern portion of the development is designated "Head of Eagle Island" in the comprehensive plan. The comprehensive plan indicates this area possesses a recognized function as wildlife habitat, floodway, and scenic natural resources. The 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. The "Head of Eagle Island" designated area within the proposed development does not contain any floodway. The applicant is proposing to develop approximately 4.6- acres of this area with a cul-de-sac and buildable lots leaving the remaining approximately 5.05-acres undeveloped except for pathways. There are a few trees located within the area and the possibility of wetlands; however, the applicant is required to conduct a wetland delineation within the site to address any requirements of the United States Corps of Engineers associated with wetlands. To address the intent of the "Head of Eagle Island" for preservation of the area, the applicant is preserving approximately 20.37-acres (23% of the site) of contiguous common area to preserve the riparian forest, wildlife habitat, and floodway located adjacent to the South Channel of the Boise River. Page 18 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc • 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: Maximum Height 35-feet Front 20-feet(Living area—measured from R/W) 25-feet(Garage—measured from R/W) Rear 20-feet Interior Side 7.5-feet (5-feet additional story, measured to the second story) Street Side 15-feet(Living Area) 25-feet(Garage—Front load) 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% * 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 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 25-foot front setback (measured from the property line) for a front load garage, a garage could be constructed within 19-feet of the back of the sidewalk which would allow large vehicles parked in the driveway to overhang the sidewalk. Also,based upon the requested garage 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, 31-feet/garage(front load) Rear 20-feet Interior Side 7.5-feet(first story)/12.5-feet(second story) Street Side 15-feet(living area), 31-feet/garage(front load) Maximum coverage 40% Page 19 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc • A portion of the proposed subdivision is located within a Special Flood Hazard Area(SFHA). The applicant is proposing to construct ponds within the subdivision to provide compensatory storage for elevating the proposed building sites. The applicant should be required to submit a floodplain development permit application. The floodplain development permit application should be reviewed and approved by the Floodplain Administrator and the City Engineer prior to commencement of any grading within the site. • The proposed subdivision contains floodway area associated with the South Channel of the Boise River. Pursuant to Eagle City Code Section 10-1-8-7(C)(7), for all subdivisions along the Boise River or Dry Creek,prior to approval of the final plat,written approval from Flood Control District No. 10 is required to protect access to the river for maintenance. The applicant should be required to provide an approved Land Use Change/Site Development Application from Boise River Flood Control District No. 10 prior to submittal of a fmal plat application. • The applicant submitted an Environmental Impact Assessment, prepared by Ecosystem Sciences, date stamped by the City on December 5, 2023. The Environmental Impact Assessment provides recommendations to minimize the impact and areas of critical environmental concern. The applicant indicated within the provided narrative that a wetland determination report is expected to be prepared for this project with a 404 permit required later. Upon completion of the wetland determination the project may need to be reconfigured to reduce the impacts to wetlands and Waters of the United States (WOTUS). The applicant should be required to provide a report or analysis of any proposed changes to the 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. Any development and improvement of the property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final development plan/fmal plat application. • The applicant should continue working with the Army Corps of Engineers regarding any changes to wetland areas. If permits are required, the applicant should provide a copy of the approved permits at the time of submittal of a final plat application. • The Eagle Parks, Pathways, and Recreation Commission (PPRC) reviewed the proposed pathways associated with the proposed subdivision. The PPRC provided an Action Report dated May 9, 2024, with the PPRC pathway recommendation. The applicant should be required to comply with the conditions of approval as outlined in the Parks, Pathways, and Recreation Commission's Action Report, dated May 9, 2024. The required pathways should be completed with the associated subdivision phase prior to the City Clerk signing the final plat. Also, the applicant should be required to provide a revised preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Parks, Pathways, and Recreation Commission's Action Report, dated May 9, 2024. The revised preliminary plat should be provided prior to submittal of a final development plan/final plat application. • The General Manager of the Eagle Sewer District provided email correspondence, dated January 10,2024, indicating the property has not been annexed into the Eagle Sewer District. The property should be annexed into the Eagle Sewer District prior to submittal of a final development plan/final plat application. The applicant should be required to comply with the Eagle Sewer District's regulations and conditions prior to the City Clerk signing the final plat. Page 20 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc • The existing residence located within the property (856 East Williamson Lane) is currently served with a potable well and septic system. The applicant should be required to connect the existing residence to central water and sewer prior to the City Clerk signing the final plat for the associated phase. Also, the applicant should be required to abandon the potable well and septic system and provide documentation from the subdivision contractor that the potable well and septic system were properly abandoned prior to the City Clerk signing the final plat. • As part of the"Eagle Island Area of Impact Transfer Agreement—Between the City of Eagle and City of Boise",the applicant is required to provide CC&Rs,and a plat note which contain an express acknowledgement that the Property owners are aware of the existence of the Boise Waste Water Treatment Plant across the South Channel of the Boise River and waive the right to file complaints regarding odors, noise, or other normal operations of the plant. The applicant should be required to provide a revised preliminary plat with a new plat note which states, "The Boise Waste Water Treatment Plant is located across the South Channel of the Boise River. The usual, ordinary, and lawful use, operation and/or maintenance of waste water treatment plat shall not be considered a nuisance." The revised preliminary plat should be provided prior to submittal of a final development plan/final plat application. • The Eagle Fire Department provided correspondence, date stamped by the City on February 2, 2024,which indicates the applicant will be required to have a secondary emergency access back to State Highway 44. Currently, Williamson River Ranch Subdivision utilizes a secondary emergency access to State Highway 44 through the Idaho Materials and Construction (IMC) site. The correspondence further indicates the HOA will be responsible to ensure that the emergency access from Wildernest River Subdivision providing connection to a public roadway through the IMC site is always maintained in a passable condition (including the bridge). The Eagle Fire Department is requiring a legal recorded permanent easement for that access prior to approval of the development. The applicant has provided documentation which indicates that IMC will continue to cooperate with the Eagle Fire Department by permitting the continued use of their property for access and specifically the new Wildernest River project. The City of Eagle Parks, Pathways, and Recreation Commission is recommending the applicant provide a 14-foot-wide concrete pathway between the terminus of East Bald Eagle Court and east property line. The concrete pathway should be built to support an emergency vehicle weighing up to 79,000 pounds. The applicant should be required to comply with the requirements of the Eagle Fire Department and City of Eagle Parks, Pathways, and Recreation Commission recommendation regarding the secondary emergency access prior to the City Clerk signing the final plat. • The page PP4.4 of the preliminary plat shows the typical cul-de-sac with island (local) street section with an island 30-foot wide measured from back-of-curb to back-of-curb contained within a 104-foot right-of-way. Based on the width of the island, there is 35-feet located between the island back-of-curb and the outer edge of street back-of-curb. Pursuant to Eagle City Code Section 9-3-2-1 (G) a minimum of 40-feet of pavement shall be provided between the landscape island and the outside edge of the street as measured from the face of curb of the island to the face of curb located on the outside edge of the street. The applicant should be required to provide a revised preliminary plat with the typical cul-de-sac with island (local) street section modified to show the island with a maximum 10-foot radius. The revised preliminary plat should be provided prior to submittal of a final development plan/final plat application. Page 21 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildemest River Sub PZF.doc • There is a historic silo located within the subject property. The provided narrative indicates it is the applicant's intent to retain and enhance the historic silo to include signage describing the significance of the structure to the heritage of the property and the area. The concept plan identifies there will be a seating area located in proximity to the historic silo. The applicant should be required to retain and enhance the historic silo to include signage describing the significance of the structure to the heritage of the property and the area. The common lot containing the historic silo and signage should include a seating area as identified on the concept plan. The retention and enhancement of the historic silo (inclusive of the signage) and seating area should be completed prior to the City Clerk signing the final plat. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on June 3, 2024, 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 the applications was presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications was presented to the Planning and Zoning Commission by two(2)individuals who indicated the following concerns: • The additional traffic utilizing Island Woods Drive from the proposed subdivision will have a detrimental impact on the adjacent subdivisions. • Construction traffic accessing the site with have a detrimental impact on the adjacent subdivisions. • The subdivision design and proposed lot sizing is not harmonious with Island Woods Subdivision. • The proposed secondary emergency access does not address the needs to evacuate the adjacent subdivisions. D. Oral testimony neither in opposition to nor in favor of the applications was presented to the Planning and Zoning Commission by eighteen(18)individuals who indicated the following: • It is important to have the ability to evacuate the area through a secondary emergency access point. • Riversend Subdivision was approved based on the future construction of the three cities river crossing(3CRX)project. The 3CRX has not been constructed to date. • The proposed secondary emergency access is problematic due to the condition of the road. • The subdivision should have a pool and clubhouse. • The proposed development will add additional traffic to Eagle Road. • The ponds located adjacent to the site do rise during rainfall. • There are ageing residents within the immediate area; therefore, a secondary emergency access needs to be provided. • Will there be a builder team associated with the project so that the quality of the homes being constructed may be monitored? • The secondary emergency access needs to be designed to address any disasters that may occur. • The subdivision as proposed creates an extreme risk to public safety. Page 22 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc • The proposed secondary emergency access is questionable due to the condition of the road and the existing bridge. • Does the fire department have an evacuation plan? • Does any other municipality have 300+homes on a single-access point? • Island Woods Drive is a local street through Riversend Subdivision. • Who will be responsible for the operation and maintenance of the secondary emergency access? • Based on the location of the subdivision,it may be affected by flooding from the Boise River. • The proposed subdivision may have a detrimental effect on eagles and osprey nesting in the future. • The bridge located on the secondary emergency access road has a cable across it. • Will the secondary emergency access be connected to State Highway 44? • Someone should be required to construct a new public road to provide emergency access. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission made a motion based upon the information provided by staff and the testimony provided.A summary of the deliberation can be found at the following link (Granicus time: 02:40:40): https://eagle-id.granicus.com/player/clip,/1884?meta id 95690 COMMISSION DECISION REGARDING THE ANNEXATION AND REZONE: The Commission voted 3 to 1 (Smith against,Wright absent)to recommend approval of A-06-23 and RZ- 12-23 for an annexation and rezone from RP (Rural Preservation—Ada County designation)to R-2-DA-P (Residential with a development agreement—PUD) with the following staff recommended conditions to be placed within a development agreement with underline text to be added by the Commission and strike through text to be deleted by the Commission. 3.1 The maximum density for the Property shall be 1.40 dwelling units per acre (108 single-family dwellings). 3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development Agreement. Further, Owner will submit such applications regarding floodplain development permit review, design review, preliminary and final plat reviews, and/or any conditional use permits, if applicable, and any other applicable applications as may be required by the Eagle City Code, which shall comply with the Eagle City Code, as it exists at the time such applications are made except as otherwise provided within this Agreement. 3.3 The Concept Plan (Exhibit C)represents the Owner's current concept for completion of the project. As the Concept Plan evolves, the City understands and agrees that certain changes in that concept may occur. If the City determines that 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. 3.4 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 homeowner's association or other entity cannot Page 23 of 35 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc be dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and corner lots to be open-style such as wrought iron, extruded aluminum (looks identical to wrought iron), or three-rail-type decorative fencing.All other fencing(ie. cedar fencing or chainlink)shall be prohibited. (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. (g) A requirement that in the event any of the CC&Rs are less restrictive than any government rules, regulations, or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC&Rs 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&Rs 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 Property shall be annexed into the Eagle Sewer District prior to submittal of a final development plan/final plat application. Owner shall be required to comply with the Eagle Sewer District's regulations and conditions prior to the City Clerk signing the final plat. 3.6 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), and any other appropriate governmental agencies, and shall be in accordance with the Eagle Comprehensive Plan and City Code. Owner agrees all development and improvement of the Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal of a final development plan/final plat application. 3.7 The existing residence shall be permitted to utilize the existing septic and well until the systems fail. Upon system failure or change in property ownership, the Owner shall be required to connect associated=use o,Owner shall be required to abandon the potable well and septic system and provide documentation from the subdivision contractor that the potable well and septic system were properly abandoned . 3.8 Owner shall provide a clubhouse and pool located within a common lot centrally located within the development prior to the City Clerk signing the final plat. The intent of the pool and clubhouse 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. Owner shall preserve the historic silo located within the site and provide a historical ranch monument and seating area prior to the City Clerk signing the final plat. Page 24 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildemest River Sub PZF.doc 3.9 Owner shall retain and enhance the historic silo to include signage describing the significance of the structure to the heritage of the property and the area. The common lot containing the historic silo and signage shall include a seating area as identified on the Concept Plan(Exhibit C). The retention and enhancement of the historic silo (inclusive of the signage) and seating area shall be completed prior to the City Clerk signing the final plat. 3.10 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,7)preservation of the historic silo(inclusive of signage) and seating area, and 8) 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. 3.11 Owner shall comply with the requirements of the Eagle Fire Department and City of Eagle Parks, Pathways, and Recreation Commission recommendation regarding the secondary emergency access prior to the City Clerk signing the final plat. 3.12 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. 3.13 Owner shall comply with all applicable provisions of Title 10, Flood Control, of the Eagle City Code. 3.14 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. 3.15 Owner shall place a 4'x 8' subdivision sign(s) containing information regarding the proposed development. The subdivision sign(s) shall be located along each roadway that is adjacent to the Property. The subdivision sign(s)shall be located on the Property outside of the public right-of-way and remain clearly visible from the roadway. COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN,AND PRELIMINARY PLAT: The Commission voted 3 to 1 (Smith against, Wright absent) to recommend approval of CU-12- 23/PPUD-04-23/PP-08-23 for a conditional use permit, preliminary development plan, and preliminary plat for Wildernest River Subdivision (Exhibit"A") with the following staff recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Commission: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions within the development agreement for rezone application RZ-12-23. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,whichever occurs first. Page 25 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildernest River Sub PZF.doc 4. The required setbacks and lot coverage shall be as follows: Front 20-feet/living area, 31-feet/garage(front load) Rear 20-feet Interior Side 7.5-feet(first story)/12.5-feet(second story) Street Side 15-feet(living area), 31-feet/garage(front load) Maximum coverage 40% 5. The applicant shall comply with the conditions of approval as outlined in the Parks, Pathways, and Recreation Commission's Action Report, dated May 9, 2024. The required pathways shall be completed with the associated subdivision phase prior to the City Clerk signing the final plat. Also, the applicant shall provide a revised preliminary plat showing the pathway locations and widths in conformance with the Parks, Pathways, and Recreation Commission's recommendations as outlined within the Parks, Pathways, and Recreation Commission's Action Report, dated May 9, 2024. The revised preliminary plat shall be provided prior to submittal of a final development plan/final plat application. 6. Provide a revised preliminary plat with a new plat note which states, "The Boise Waste Water Treatment Plant is located across the South Channel of the Boise River. The usual, ordinary, and lawful use, operation and/or maintenance of waste water treatment plat shall not be considered a nuisance." The revised preliminary plat shall be provided prior to submittal of a final development plan/final plat application. 7. Provide a revised preliminary plat with the typical cul-de-sac with island (local) street section modified to show the island with a maximum 10-foot radius. The revised preliminary plat shall be provided prior to submittal of a final development plan/final plat application. 8. 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 withi an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. 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. 9. All living trees shall be preserved, unless otherwise determined by the Design Review Board and the City Council. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the City Council) shall be provided for City Council final 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. 10. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). Page 26 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 11. The applicant shall provide a license agreement from ACHD approving the landscaping located within the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9- 4-1-2) 12. The Wildernest River Subdivision shall remain under the control of one Homeowners Association. 13. 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. 14. 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. 15. To allow for the future installation of municipal fiber-optic cable, the applicant shall be required to install municipal fiber-optic conduit lines along all streets in accordance with the City's Fiber Master Plan. The applicant shall conduct a pre-application meeting with the City of Eagle Fiber Department prior to submittal of a final plat application. Upon completion of the installation of the municipal fiber-optic conduit lines, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated to the City prior to the City Clerk signing the final plat. 16. The applicant shall work with the City to establish a Conservation and Education Program (CEP) Funding Plan associated with Terra View South Subdivision. The CEP Funding Plan shall be executed by the Owner and City prior to the City Clerk signing the final plat. 17. All plat notes that are required on the preliminary plat shall be transferred to the final plat prior to submittal of a final development plan/final plat application. 18. The applicant shall provide a revised preliminary plat showing one (1) lot removed from the end of Bald Eagle Court to provide a 50-foot-wide ingress/egress future right-of-way perpetual easement. The revised preliminary plat shall be provided prior to submittal of a final development plan/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: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs,gutters,streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health&Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. Page 27 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildernest River Sub PZF.doc 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s)shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed,or a surety 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 28 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.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, subdivider, business owner, homeowner, or homeowner's/business owner's association,whichever the case may be. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. 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. 15. 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. 16. 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. 17. 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. 18. 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. Page 29 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 19. 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. 20. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or the Eagle Parks, Pathways, and Recreation Commission for a path or walkway shall be approved in writing by the Eagle City Parks, Pathways,and Recreation Commission prior to approval of the final plat by the City Council. 21. 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. 22. 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". 23. 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. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. 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. 27. Basements in homes in the floodplain are prohibited. 28. 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. 29. 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. 30. 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. Page 30 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 31. 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. 32. 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. 33. 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. 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. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 38. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved by staff prior to the issuance of a"Notice to Proceed"with construction letter. CONCLUSIONS OF LAW: 1. The Commission reviewed the particular facts and circumstances of this proposed rezone upon annexation (A-06-23/RZ-12-23) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and Council", and based upon the information provided concludes that the proposed rezone upon annexation is 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 Neighborhood Residential 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 indicates that adequate public facilities exist, or are expected to be provided, to serve all uses allowed on this property under the proposed zone; c. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the R-2-DA-P (Residential with a development agreement—PUD)zone and land use to the north since that area has been developed with a residential subdivision (Williamson River Ranch Subdivision)with lots of similar size; Page 31 of 35 K:\Planning Dept\Eagle Applications\Prelminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc d. The proposed R-2-DA-P (Residential with a development agreement — PUD) zoning district is compatible with the I-2 (Industrial: Heavy — Boise City designation) zone and land use to the south since that area cotains the City of Boise Waste Water Treatment Plan (WWTP) and the applicant is required to provide provisions within the CC&Rs and a plat note referencing the operation of the WWTP and that future property owners waive the right to file complaints regarding the operation of the facility; 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 that area is designated as Head of Eagle Island in the Comprehensive Plan and should be preserved as open space; 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 that area has been developed with a residential subdivision(Riversend Subdivision)with lots of similar size ; g. The land proposed for rezone is located within a"Hazard Area" and"Special Area" as described within the Comprehensive Plan. The applicant is required to provide the required documentation, applications, and permits to address the city's concerns regarding development in those areas (as required herein);and h. No nonconforming uses are expected to be created with this rezone. 2. The Commission reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-12-23/PPUD-04-23/PP-08-23) and based upon the information provided concludes that the application is in accordance with the City of Eagle Title 9(Subdivisions)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 applicant 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 ensure 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 Wildernest River Subdivision is designed to not exceed the total allowed density of the area and provide lots of comparable size to the surrounding developments. Based on the lot sizing, the proposed development will provide a variety housing types to blend in with the adjacent developments. c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. The development will have access to South Isla del Rio Way (local street), South Lago Way (local street), and South Riparian Way (local street) all of which have access to Island Woods Drive(residential collector). 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 32 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildernest River Subdivision\Working Files\Wildernest River Sub PZF.doc The development is planned to consist of residential uses only, it is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. The development will be served by an internal network of public streets providing connectivity to a residential collector. 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. The applicant is required herein to provide a secondary emergency access point through the adjacent property located east of the proposed development. 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 applicant is proposing to preserve the riparian forest(consisting of approximately 22-acres)to mitigate for the 4.6-acres of property being developed with residential lots located within the area designated as Head of Eagle Island within the comprehensive plan. The applicant is also proposing a clubhouse with a swimming pool and preserving the historic silo within the property. 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 South Isla del Rio Way (local street), South Lago Way (local street), and South Riparian Way (local street) all of which have access to Island Woods Drive (residential collector). 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 South Channel of the Boise River and provide a wetland delineation map of the property to identify any wetland areas which may be located within the property. Based on the wetland delineation map the applicant will be required to mitigate any impacted wetlands. 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. Also,the applicant is providing approximately 22-acres of open space adjacent to the South Channel of the Boise River to mitigate for the area of the development designated in the comprehensive plan as Head of Eagle Island. Page 33 of 35 K:\Planning Dept\Hagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc 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 applicant has requested approval for a development agreement and a PUD as outlined in Eagle City Code and satisfies those requirements as well be required to meet the conditions herein. In addition, the applicant will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review. The proposed development will include single-family residential units with lot layout as shown on the preliminary development plan. 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Single-family residential is the only use approved for this development. In case of large scale development(incorporating eleven (11) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space,recreation,maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The project is located within the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within the Veolia Water of Idaho certificated area. Sewer As required herein, the applicant is required to provide correspondence from the Eagle Sewer District which indicates the property is annexed into the District prior to submittal of a final plat application. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District's requirements. Road Construction The construction of all streets within the development will be completed by the developer. Upon completion,the streets will be dedicated to the Ada County Highway District. Open Space The site is proposed with 45.9-acres (52.1%) of open space. The open space consists of 11- common lots. The common lots will consist of four(4) community ponds, an historic silo with a seating area and historical ranch monument, clubhouse and pool amenity, water feature, a greenbelt pathway, community pathway, and internal subdivision pathways. The two(2)northern ponds are designed to provide a natural amenity and buffer for future and existing residents within Willamson River Ranch Subdivision. The large common lot located adjacent to the South Channel of the Boise River is designed to preserve the riparian forest area. The project will also generate park and pathway impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Page 34 of 35 K:\Planning Dept\Fagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc Maintenance The maintenance of any private open space areas will be regulated by the Wildernest River Subdivision Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies Schools The site is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection will be provided by Hardin Sanitation Service through a contract with the City of Eagle n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. o. The estimated tax revenue generated to the City of Eagle from the development(based on a home value of$1,300,000.00)is approximately 70,370.00/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 extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. DATED this 17th day of June,2024. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho c5......7:e_e_L5E(...)t9 Trent Wright,Chairman tttttt ,off '�•s ���. O�•CACLF . A 1 EST: •• • O Tracy E. rn,Eagle City Clerk .v `' • S�Ptio • r..• �� •.�zYIRI'UR ••��'s 1,.IATEOr •'' J Page 35 of 35 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2023\Wildemest River Subdivision\Working Files\Wildemest River Sub PZF.doc .,... .,................ao..,m.,.,..........mA..,m,,.., EXHIBIT"A" ® 1 1 2 I m 1 Ei' r I ,? L0020.1z'w ULT.:���12021.11'w Macro' a Ua I E K I + i n I S © ® ® ®N "i z `1h/. uG PowPY I OO a. Wj s / r O 'M oaoo 0 / - _ e _ Q C QS- N01•SYM'w,7271. €< o - o --Q-- a m m // i© Q 4 . ' 14 0 - D Qi H 1444 5 rn ` 6 ,,, \\ Q Q S.WINNFPS OR<IFK e a T tr, . . 0 _ O IB ® O O.O 8 Of c1 \ ® 4 Oar O ® _ _ _€�p N1 eoo r1,,w o14Sr /� OO O i ` - • // 0 � O b� +M rs �� 3 3 3IIIIREaeia'l o e Q Of a I a 0ss , ® etity" f I © 47 O 9 , IRRAI ! Will O 'yr € A A--R E %II06. ill I g. 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