Findings - CC - 2024 - A-06-23/RZ-12-23/CU-12-23/PPUD-04-23/PP-08-23 - Annexation, Rezone from RP to R-2-DA-P Conditional Use Permit, Preliminary Development Plan and Preliminary Plat for Wildernest River SubBEFORE THE EAGLE CITY COUNCIL
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 City Council for their action
on July 9, 2023, at which time public testimony was taken and the public hearing was closed. The Eagle
City Council, having heard and taken oral and written testimony, and having duly considered the matter,
makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
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 Wildernest 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.
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Notice of Public Hearing on the applications for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
June 21, 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 June 21, 2024. The
site was posted in accordance with the Eagle City Code on June 27, 2024.
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
DESIGNATION
Existing Neighborhood
Residential, Head of
Eagle Island, and
Floodway
Proposed No Change
North of site Neighborhood
Residential and Head
of Eagle Island
South of site Public/Quasi-Public
(Boise City
Comprehensive Plan)
East of site Head of Eagle Island
West of site Neighborhood
Residential and
Floodway
ZONING LAND USE
DESIGNATION
RP (Rural Preservation —
Ada County designation)
R-2-DA-P (Residential
with a development
agreement — PUD)
R-2-DA-P (Residential
with a development
agreement — PUD)
I-2 (Industrial: Heavy —
Boise City designation)
RP (Rural Preservation —
Ada County designation)
R-2-P (Residential —
PUD)
Single -Family Dwelling and
Agriculture
Single -Family Residential
Subdivision
Single -Family Residential
Subdivision (Williamson
River Ranch Subdivision)
City of Boise Wastewater
Treatment Plant
Vacant parcel (Ponds)
Single -Family Residential
Subdivision (Riversend
Subdivision)
I. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
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J. SITE DATA:
Total Acreage of Site — 88-acres
Total Number of Lots — 119
Total Number of Units — 108
Residential — 108
Commercial — 0
Industrial — 0
Common — 11
Single-family —108
Single-family attached — 0
Two-family — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Proposed
1.40-dwelling units per acre
(not including the floodway
area)
10,000-square feet
76-feet
47-feet
45.93-acres
Required
1.40-dwelling units/acre
(as limited by the
development agreement)
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.
75-feet (minimum)
35-feet (minimum)
20.35-acres (minimum)
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Additional Site Data Proposed
Percent of Site as Common Area 52.1%
Open Space
Percent of Common Area Open
Required
23.1% (minimum)
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
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.
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.
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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.
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 PEDESTRIAN/BICYCLE 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.
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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
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 and the Planning and Zoning
Commission Action Memo):
Email correspondence received from Gene and Jane Williams, dated May 28, 2024.
Correspondence received from Brent Brocksome, date stamped by the City on June 3, 2024.
Email correspondence received from Dean Jedry, dated June 6, 2024.
Correspondence received from the Rivers End Neighborhood Association, date stamped by the
City on July 1, 2024.
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W. LETTERS RECEIVED AFTER THE REQUIRED FIVE (5) DAY EXPIRATION TO SUBMITT
WRITTEN TESTIMONY AND ACCEPTED TO THE RECORD PURSUANT TO EAGLE
CITY CODE SECTION 1-8-3(C): STANDARDS FOR WRITTEN TESTIMONY:
Correspondence and petitions received from the Island Woods Subdivision Board of Directors,
date stamped by the City on July 8, 2024.
Correspondence received from the residents of Williamson River Ranch Subdivision, date
stamped by the City on July 10, 2024.
X. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in four (4) phases beginning in 2025.
Y. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
2. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment,
and/or conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water and
sewer, and schools.
6. That the development will not create excessive additional requirements at public cost for
public facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided
in a non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the
surrounding area for this proposed development justifies any proposed deviation from any
standard district regulations.
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART
OF THE CITY COUNCIL'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.
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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.
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.
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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
• 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.
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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.
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.
Q.
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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.
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 FloodwayfFloodplain 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.
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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
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:
Zoning
District
1 R-2
i
Minimum Yard Setbacks
Note Conditions A To E*
Minimum
Lot Area
Maximum (Acres Or Minimum
Maximum Front Rear Interior Street Lot Covered Square Lot
Height Side Side F And J* Feet) H* 1 Width I*
II 35' II 30' II 30' II
10' II 20' 40% II 17,000 II 75'
G. All front load garages shall be set back a minimum of 25 feet from the back of sidewalk.
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C. 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.
D. 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;
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10. To restrict or prohibit uses which are injurious to health, safety or property in times of
flood, which result in environmental damage, or that cause increased flood heights or
velocities;
11. To minimize the impact of development adjacent to waterways on adjacent properties
upstream, downstream and across waterways;
12. To review development plans for property adjacent to waterways to minimize the
obstruction of the conveyance of floodwaters, review drainage/obstructions to flood
carrying capacity, and guide development adjacent to waterways toward the most
appropriate building envelope for its particular site;
13. To carry out the provisions of the comprehensive plan as well as health, safety and
welfare with regard to properties adjacent to waterways;
14. To review landscaping and access for flood carrying capacity and preservation or
enhancement of riparian vegetation;
15. To allow the river and creeks and their adjacent lands to convey floodwaters to
minimize property damage;
16. To regulate uses in the floodplain for the purpose of preserving, protecting, and
enhancing the abundance and diversity of fish, wildlife and riparian resources; and
17. To protect, preserve and enhance the waterways and floodplains as a recreation
resource.
• Eagle City Code Section 10-1-2: 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; bulkheads,
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.
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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.
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;
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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.
• 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 C 1 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.
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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;
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
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shall not be subject to the provisions of this subsection.
E. 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.
• 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.
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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 comer 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%
• 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 final 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/final plat
application.
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• 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/fmal 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.
• 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
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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.
• 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 fmal 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.
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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.
• 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.grn/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 conditions to be placed within a
development agreement as provided within their findings of fact and conclusions of law document, dated
June 17, 2024.
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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 with the site specific conditions of approval and standard
conditions of approval as provided within their findings of fact and conclusions of law document, dated
June 17, 2024.
PUBLIC HEARING OF THE COUNCIL (May 28, 2024, Public Hearing Audio/Video Record
[Granicus time 1:20:25] https://eagle-id.granicus.com/player/clip/1903?meta_id---97204
A. A public hearing on the applications was held before the Eagle City Council on July 9, 2024, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of the applications was presented to the City Council by two (2) individuals
(not including the applicant/representative) who indicated the following:
• The ranchers and landowners living in the area should be allowed to develop their land.
• They are aware of traffic concerns regarding ingress/egress; however, ACHD takes a long time to
implement long range plans and this should not delay the landowners from developing their
property.
• The owners of the property are caring people, and their property rights should be respected.
• They are aware the property would be developed in the future when they purchased their home.
C. Oral testimony in opposition to the applications was presented to the City Council by eleven (11)
individuals who indicated the following concerns:
• Island Woods Drive provides the only ingress/egress for residents residing within Williamson
River Ranch Subdivision to access major roads. The homeowners association fees for residents
living within the subdivision are exorbitant and does not support raising the fees to maintain a
road. Eagle Road is heavily traveled; therefore, residents accessing the road from the adjacent
subdivisions have to wait through more than one (1) light cycle.
• The proposed subdivision needs to have more than one access to prevent a disaster.
• The pavers located within Island Woods Drive have not been maintained and have sunk;
therefore, having an impact on vehicles traveling on the drive.
• The impact of construction traffic utilizing Island Woods Drive will negatively impact the
residents living adjacent to the street.
• Rapture habitat will be damaged since there have been no studies to address the environmental
concerns associated with the property.
• During the grading process fugitive dust will impact the adjacent properties.
• The City is opening themselves up to a lawsuit if the subdivision is approved without the addition
of an emergency egress.
• The proposed ingress/egress for emergency vehicles only is not adequate since evacuation of
residents has not been addressed.
• The safety of residents is being compromised based on the increased traffic.
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• An ACHD road trust should be required with this proposal to provide an alternative route for
ingress/egress from the subdivisions.
• A secondary access for the existing subdivisions within the area should have been installed years
ago. The top priority of the Council should be to provide secondary public access to the east.
• School children line up along Island Woods Drive to board the school bus. There is a concern for
the safety of the children based on additional traffic on Island Wood Drive. School busses are
already running late due to traffic within the area.
• A concern about the school capacity due to the growth within the area.
• The traffic impact study does not adequately address traffic during the school year since it was
completed while school was not in session. The applicant should be required to provide a new
traffic impact study to address traffic during the school year.
• The applicant has properly addressed emergency access concerns.
• The existing bridge located on the proposed secondary access has not been tested for capacity and
may not be safe. Also, who will be responsible for the maintenance of the bridge.
D. Oral testimony neither in favor of nor in opposition to the applications was provided to the City
Council by three (3) individuals who indicated the following:
• To address safety and emergency matters the applicant should be required to work with IMC to
provide an emergency egress to State Highway 44. The egress should be constructed to a public
street standard.
• If the subdivision is approved, the applicant should be required to provide an additional access to
the east.
COUNCIL DECISION REGARDING THE ANNEXATION AND REZONE:
The Council voted 3 to 1 (May against) to approve 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 Planning and Zoning Commission recommended conditions of
development to be placed within a development agreement with underline text to be added by the Council
and strike through text to be deleted by the Council:
3.1 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.
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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
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.
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 abandon
the potable well and septic system and provide documentation from the subdivision contractor that
the potable well and septic system were properly abandoned.
(g)
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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.
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, aation a arding the o nary emergene;
access prior to the City Clerk signing the final plat. The secondary emergency access agreement
shall provide for ingress/egress for emergency vehicles and evacuation of citizens in the event of
an emergency. The secondary emergency access agreement shall be recorded and referenced on the
plat prior to approval of the first phase of the development.
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.
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COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY PLAT:
The Council voted 3 to 1 (May against) to approve 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 Planning and Zoning Commission recommended site specific
conditions of approval and standard conditions of approval with strike through text to be deleted by the
Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-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.
1. The : awl J1.1 lr.✓is follows:
FFei�t 20 f t/ 3 3 f el igaragc ( ont load)
Rom: 20 f ct
Sttc ✓d. 7.5 feet (first story)/12.5 feet (second story)
Street Side 15 feet (living area), 31 foot/garage (front load)
kC.,rirrr,;coverage 10%
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 fmal
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
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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).
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.
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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.
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 fmal plat. The
CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City
Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all
runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot
line onto another lot except within a drainage easement.
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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.
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 fmal 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 fmal 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.
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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.
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.
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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.
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.
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CONCLUSIONS OF LAW:
1. The Council 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;
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 ;
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 Council 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.
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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.
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. With the addition of Wildernest River Subdivision, Island Woods Drive is
anticipated to carry 2,766 average daily trips (ADT). The allowable ADT pursuant to ACHD
policy is 3,000.
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. The Island Woods Subdivision to the west contains two entrances to
Eagle Road (River Quarry Drive and Island Woods Drive).
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.
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.
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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. Additional traffic calming measures on Island Woods Drive
may be accommodated by ACHD upon request by the public. Mobile traffic control devices
(radar speed signs) may be placed along internal roadways at intervals as determined by the Ada
County Sheriff's Office.
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.
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 approximately 4.6-acres of
area being developed within the area of the development designated in the comprehensive plan as
Head of Eagle Island.
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
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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.
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.
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DATED this 13th day of August 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Brad Pike, Mayor
Tra
•
. Osborn t g1e City Clerk
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