Findings - CC - 2001 - A-1-01/RZ-1-01/CU-3-01/PPUD-1-0 - Annex/Rz Rut To R2p/106.83
C.
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
AN ANNEXATION AND REZONE, CONDITIONAL
USE PERMIT, PLANNED UNIT DEVELOPMENT
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR RIVERSEND
PLANNED UNIT DEVELOPMENT FOR
HOWELL-KISER DEVELOPMENT CORPORATION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-I-Ol/RZ-1-OllCU-3-01/PPUD-1-Ol/PP-2-01
The above-entitled annexation and rezone, conditional use permit, planned unit development preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their action on
July 24,2001 at which time public testimony was taken and the item was continued the item to August 14,
2001; additional written testimony was taken and the item was continued to September 18, 2001. The
Council made their decision at that time. The Eagle City Council having heard and taken oral and written
testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions
of Law;
FINDINGS OF FACT:
A.
PROJECT SUMMARY:
Howell-Kiser Development Corporation, represented by Jim Kiser, is requesting an
annexation and rezone from RUT (Rural Urban Transition) to R-2-P (Residential up to
two units per acre - POD), conditional use, planned unit development preliminary
development plan and preliminary plat approvals for RiversEnd planned unit
development. The 1O6.83-acre development consists of I73-lot (I40-buildable)
residential subdivision. The site is located between the North and South Channels of the
Boise River approximately Y2 -mile east of Eagle Road on East Island Woods Drive.
B.
APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on March 22, 2001.
NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning
Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho
Code and the Eagle City ordinances on April 28, 2001. Notice of this public hearing was
mailed to property owners within three-hundred feet (300-feet) of the subject property in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on April 25, 2001. Requests for agencies' reviews were transmitted on March 23,
2001 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on July 9, 2001. Notice of this public hearing was mailed to property owners
within three-hundred feet (300-feet) of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 5,2001.
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D.
mSTORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGN A TION
Existing Residential Two (up to 2- RUT (Rural Urban Agricultural land
units per acre max.) Transition - Ada County
Designation)
Proposed No Change R-2-P (Residential POD) POD Residential
Development
North of site Mixed Use RUT (Rural Urban North Channel of Boise
Transition - Ada County River & Agricultural land
Designation)
South of site Residential Two (up to 2- RUT (Rural Urban South Channel of Boise
units per acre max.) Transition - Ada County River & Agricultural land
Designation)
East of site Not within City of Eagle RP (Ada County Rural residences and
Area of Impact designation) Agricultural land
West of site Residential Two (up to 2- R-2-P (Residential PUD) Island Woods Subdivision
units per acre max.)
G.
SITE DATA: *Designates data based on the exclusion of Phase Four (as shown on the preliminary plat date
stamped by the City on August 7,2001), which is currently located in the floodway and is anticipated by the
applicant to be removed from the floodway by FEMA at a future date. Lot 41, Block 1, is currently located
within the floodway but is not expected to be removed from the FEMA floodway. Because these parcels are
within the floodway, calculations are to be based on non-floodway lands. Data in parentheses denotes
inclusion of aforementioned lands for comparison only.
Total Acreage of Site - 76.5* (106.83)
Total Number of Lots - 126*
Residential- 107 (140)
Commercial - 0
Industrial - 0
Common - 20 (23)
Total Number of Units - 107* (140)
Single-family -107* (140)
Duplex - 0
Multi-family - 0
Total Acreage of Any Out-Parcels - 0
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Additional Proposed Required
Site Data
Dwelling Units 1.4* 2-units per acre (maximum)
Per Gross Acre (1.01) Except that the City Council may permit an increased density of up to 15% of
the allowable number of dwelling units provided that the requirements within
ECC Section 8-6-5-4 are fulfilled.
Minimum Lot 9,600 sq. ft. 17,000 sq. ft. (minimum)
Size Except that a decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a
planned unit development is applied for and approved) - per ECC Section 8-2-4
(G).
Minimum Lot 35-feet 75-feet
Width
Minimum 35-feet 35-feet
Street Frontage
Total Acreage I6.78-acres * I4.5-acres (minimum)* (10.68-acres)
of Common 7.6-acres for 10% minimum plus 6.9-acres for lots smaller than
Lots the minimum (17,000 SF)- per ECC Section 8-2-4 (G)
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 PODs or in
subdivisions with 50 or more lots.
Percent of Site 22%* 19% (minimum - see above)
as Common Except that, according to ECC Section 9-3-8 (C) the City may require
Area additional public and/or private park or open space facilities in PODs or in
subdivisions with 50 or more lots.
* Designates data based on the exclusion of Lot 1, Block 8 and Lot 41, Block 1 (currently located
within the floodway). Data in parentheses denotes inclusion of aforementioned lands for
comparison only.
0 Special Setbacks for all lots within the development:
See site specific conditions of approval on page 23 within these findings.
H.
GENERAL SITE DESIGN FEATURES:
Open Space, Greenbelt Areas and Landscape Screening:
Will provide a total of 22% of common area (19% required - see site data above) for
phases 1 through 3.
Pathways are shown that meander throughout the sight, connecting sidewalks abutting the
roadways to waterways. Eventually, a "circular" pathway park to be located in the
northern portion of the site will connect to the eventual citywide pathway/greenbelt
network.
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East Island Woods Drive to the west is designated as a collector with the eastern section of
this roadway to be a foreseeable extension of this collector status. The applicant will
install a greenscape and waterways abutting the majority of this roadway.
Storm Drainage and Flood Control:
Street drainage plans shall be submitted by the applicant as required by the Subdivision
Ordinance. Specific drainage system plans are to be submitted to the City Engineer for
review and approval prior to the City Engineer signing the final plat. The plans are to
show how swales, or drain piping, will be developed in the drainage easements. Also, the
CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb. or to the
drainage easement, and that no runoff shall cross any lot line onto another lot.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than I2-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 (yes or no) - No
Preservation of Existing Natural Features:
The parcel is situated between the north and south channels of the Boise River with
numerous existing trees located on the site. Existing standing cottonwoods, and trees that
lay fallen on the ground, at the site provide a habitat for many species of wildlife. Eagle
City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The applicant will utilize the existing natural features in the
northern portion of the site by constructing a circular pathway system within a "nature
reserve", with a path that will connect to the ultimate citywide greenbelt system
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site which would be required to
be preserved. If during excavation or development of the site, any historical artifacts are
discovered, state law requires immediate notification to the state.
I.
STREET DESIGN:
Private or Public Streets: Public and Private
The applicant will construct one entryway into the subdivision from East Island Woods
Drive, which extends west to Eagle Road. This roadway is to be constructed as a 42-foot
street section within sixty-feet of right-of-way. The remainder of the roadways are to be
constructed as 36-foot street sections within 50-feet of right-of-way.
The applicant is constructing two thirty-foot wide (approximate) private streets ending in
cul-de-sacs, one serving five (5) residences and the other serving four (4) residences. Both
cul-de-sacs end within a fifty-foot radius turnaround and each measure approximately 250-
feet in length.
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N.
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Applicant's Justification for Private Streets (if proposed):
See applicants justification letter dated May 14, 2001 (incorporated herein by reference).
Blocks Less Than 500': No
Cul-de-Sac Design, Sidewalks and Curbs and Gutters:
There are four cul-de-sacs being constructed within the subdivision. All cul-de-sacs are
to be within the maximum foot-length requirements of Eagle City Code and terminate
within a 50-foot radius right-of way. The applicant is constructing tree-lined public streets,
with a five-foot wide planter strip between the curb and 4-foot wide sidewalk. A five-foot
wide meandering sidewalk with a varied landscape strip is being constructed along East
Island Woods Drive.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street name approval by the Ada County Street Names Committee has not been received
to date. Approval from that committee is required prior to final plat approval.
J.
ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION:
See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above.
K.
PUBLIC USES PROPOSED:
The site plan for the POD provides for a "nature reserve" with a circular pathway located
within. A path will also connect to the City's regional greenbelt system.
L.
PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists
M.
SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern - Portions of this area are designated as a Hazard Area
and Special Area in the Comprehensive Plan
Evidence of Erosion - not significant
Fish-yes
Floodplain - yes
Floodway -- yes
Mature Trees - yes
Riparian Vegetation - yes
Steep Slopes - no
Stream/Creek: yes
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - none shown to exist
Wildlife - yes
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
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An EAP report has been submitted with the application.
O.
AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached. Comments
which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated May 10, 2001 are of special
concern (see attached).
Ada County Highway District
Central District Health Department
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
New Union Ditch Company
P.
LETTERS FROM THE PUBLIC:
Letter from Edwin and Delores Perkins, 358 E. Trailside Drive, dated May 5, 2001.
Q.
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant states in the narrative that the development is to develop in four (4) phases,
with an estimated final buildout in 4 years. Phase 1 construction is anticipated to begin as
soon as practical after City approvals.
Phase 1 will consist of extending Island Woods Drive easterly from its current terminus on
the western boundary line to the eastern parcel line.
R.
EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed POD 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.
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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-POD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cases of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open space,
recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been provided
by the developer.
16. That suggested public (or private) means of financing the services for the development if the cost
for the public services would not be offset by the tax revenue received from the development has
been provided by the developer.
For a request of up to 10% of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the POD.
19. That the uses are planned to be an integral part of the POD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
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22. LANDSCAPING - For up to 5%
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing
landscape, pedestrian way treatment, and recreational areas, incorporated into this development,
exceed that of a non POD development.
23. SITING - For up to 5%
That the quality of the designs for visual focal points, use of existing features such as topography,
view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical
environment, variation in building setbacks, and building grouping (such as clustering),
incorporated into this development, exceed that of a non POD development.
24. DESIGN FEATURES - For up to 5%
That the quality of the designs for street sections, architectural styles, harmonious use of materials,
parking areas broken by landscaping features, and varied use of housing types, incorporated into
the development, exceed that of a non POD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
Chapter 6 - Land Use
6.3 - Land Use Designations
Floodway
Floodway areas are defined as specifically shown on the newest edition of the Federal
Emergency Management Administration maps along the Boise River and Dry Creek
(Generally shown on the Land Use Map which is a part of this Plan). These areas are to
remain open space because of the nature of the flood way which can pose significant
hazards during a flood event. Also, the floodway areas shall not be considered as a part of
the minimum area of open space required with the zoning ordinance unless developed as
noted within this paragraph, and shall be excluded from the gross land area for calculating
residential densities permitted. Any portion of the flood way developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
Chapter 8 - Transportation
8.3.1 - Paths
Function: To provide for recreation and alternative transportation; important to provide safe
continuous thoroughfares with minimal cross flow of vehicular traffic.
Location: Paths could be located on corridors separate from roadways such as utility easements,
irrigation canals, or adjacent to rivers or creeks. Paths could also be located along roadway
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right-of-ways and would usually be separated from vehicle travel lanes and the paved section of
the roadway by a median or sidewalk.
8.6 - Implementation Strategies
c.
Encourage roadway design standards that are consistent with the Idaho Transportation
Department (ITD), Ada County Highway District (ACHD), Ada Planning Association
(AP A), and other agencies that may be responsible for roadway planning and design.
e.
Encourage new development to provide for pedestrian, equestrian, and bicycle
circulation in accordance with the City of Eagle TransportationlPathway Network
Maps #1 and #2, adopted local and regional pathway plans, as may be needed for intra-
neighborhood connectivity and to ensure that bike and pedestrian traffic is not
unnecessarily pushed out onto arterials and collectors.
Chapter 9 - Parks, Recreation and Open Spaces
9.5 - Pathways and Greenbelts
Pathways are nonmotorized multi-use paths that are separate features from bicycle and
pedestrian lanes constructed as a part of a roadway.
Greenbelts are typically land areas that border scenic features or hazard areas (i.e. the
Boise River and Dry Creek) and are designed to prevent undesirable encroachment.
Greenbelts may include pathways and/or bike lanes.
9.5.2 - Objectives
e.
All development should provide developed pathways for connection to
Eagle's public pathway system and/or adjoining development's public
pathway system.
g.
Improve/provide access to greenbelt/pathway east of Eagle Road on the
south side of the North Channel of the Boise River.
9.6 - Open Space
Open space is land which is not used for buildings or structures and offers
opportunities for parks, recreation, water amenities, greenbelts, river trails and
pathways, tourism, leisure activities, viewpoints, and wildlife habitat.
9.6.1
Goal
To provide wherever possible open space and natural features such as natural river
frontage, greenbelts, river trails and pathways, creeks, flood plains and flood
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2
Objectives
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a.
To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer recharge,
watersheds, and wetlands.
b.
To provide an open space setting for active and passive recreation for all
age groups throughout the community.
c.
To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
d.
To protect the natural lay of the land (e.g., minimize land disturbance).
e.
To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
Chapter 11 - Special Areas and Sites
11.1 - Background and Vision
"Special Areas and Sites" are defined as areas, sites or structures of historical,
archaeological, architectural, ecological, or scenic significance. Special areas or
sites should be analyzed according to their defined function. Whenever possible,
these sites should be preserved and conserved as open spaces or for educational
and cultural centers. Development of Special Areas or Sites should take place in a
manner that reflects harmony with their natural environment and recognized
qualities which render them distinctly unique.
The Boise River Floodplain, the Dry Creek Floodplain and the North Foothills
possess a recognized function as a wildlife habitat, flood way and scenic natural
resource reflective of Eagle's rural character.
Chapter 12 - Community Design
12.4 - Implementation Strategies
c. The flood way shall be reserved as a natural state such as a greenbelt, wildlife
habitat, and open space recreational area and for agricultural uses.
I.
Encourage the development of pathways and open-space corridors throughout
the City.
q. Maintain the rural residential character and open space environment in and
around the City.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
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dedicated to and accepted by the City. The area shall be substantially open to the sky,
exclusive of streets, buildings and other covered structures, and shall be designated and
intended as a useable and convenient amenity to any proposed development. Floodway
areas, wetland areas, drainage ditches, irrigation ditches, and similar features shall not be
considered as a part of the minimum area of open space required.
.
ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if
there is an offsetting increase of the same square-footage in open space and a planned unit
development is applied for and approved.
.
ECC Section 8-2A-7 (4) (a)
Major Roadways: New residential developments, including, but not limited to,
subdivisions and multi-family developments, shall be buffered from streets classified as
collectors, arterials, freeways, or expressways, to protect residential communities from
noisy, potentially dangerous, high-speed roads. The buffer area shall be defined as the
distance from the outside wall of the lowest story of any single-family attached or
detached dwelling and the right-of-way line of the roadway. The lowest story must be
screened from the view of any street classified as a collector, arterial, freeway, or
expressway. This buffer is required either on individual lots or as an easement, or as part
of the common open space owned and maintained by a homeowners' association. Any
landscaping proposed to be within the public right of way shall not be included as a part of
the buffer area required below. The height for berming/fencing, as noted below, shall be
measured from the elevation of the final grade of the adjacent roadway (measured at the
center line) to the top of the proposed berming/fencing. The required buffer area width,
plantings, and fencing are as follows:
Any road designated as an urban or rural collector on the APA Functional Street
Classification Map:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, panelized vinyl fence,
decorative block wall, or cultured stone, decorative rock, or similarly designed concrete
wall, or combination thereof shall be provided within the buffer area. The maximum slope
for any berm shall be three feet (3') horizontal distance to one-foot (1') vertical distance. If
a panelized vinyl fence, decorative block wall, or cultured stone, decorative rock, or
similarly designed concrete wall is to be provided, in combination with the berm, a four
foot (4') wide flat area at the top of the berm shall be provided for the placement of the
fence or decorative block wall. Panelized vinyl fencing shall be no higher than four feet
(4'). Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be
permitted.
The five foot (5') minimum height requirement for the berming/fencing shall be permitted
to be decreased one foot (1') for every thirteen feet (13') of additional buffer area added to
the thirty five foot (35') wide buffer noted above.
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.
ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES"
Public sites and open spaces shall conform to the following:
B. Natural Features: Existing natural features which add value to residential development
and enhance the attractiveness of the community (such as trees, water courses, historic
spots and similar irreplaceable assets) shall be preserved in the design of the development.
C. Special Developments: In the case of planned unit developments and large-scale
developments, the Council may require sufficient park or open space facilities of
acceptable size, location and site characteristics that may be suitable for the proposed
development.
.
ECC Section 8-7-3-5: CONDITIONAL USE PERMIT:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may
be attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on-site or off-site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this Title.
.
ECC Section 8-6-1: PURPOSE "PLANNED UNIT DEVELOPMENTS":
It shall be the policy to guide a major development of land and construction by
encouraging planned unit development (POD) to achieve the following:
A. A maximum choice of living environments by allowing a variety of housing and
building types and permitting an increased density per acre and a reduction in lot
dimensions, yards, building setbacks and area requirements;
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial uses, industrial uses
and services;
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns;
D. A more efficient use of land than is generally achieved through conventional
development resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan.
C. SUBDIVISION ORDINANCE PROVISIONS
REGARDING TillS PROPOSAL:
WillCH
ARE
OF
SPECIAL
CONCERN
.
ECC Section 9-3-8 (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.
.
ECC Section 9-5-4-3 (C) Storage Areas: Storage areas shall be provided for the anticipated
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needs of boats, campers and trailers. For typical residential development, one adequate space
shall be provided for every two (2) living units. This may be reduced by the City Council if
there is a showing that the needs of a particular development are less.
.
ECC Section 9-5-4-3 (E) Maintenance Building: A maintenance building shall be provided of
such size and in such location as is suitable for the service needs that are necessary for the
repair and maintenance of all common areas.
.
ECC Section 10-1-3: Interpretation and Application of Provisions:
A.
Jurisdiction and Interpretation: This Title shall apply to all areas of special flood
hazards within the jurisdiction of the City. In the interpretation and application of
this Chapter, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the City; and,
3. Deemed neither to limit nor repeal any other powers granted under provisions
of the Idaho Code.
B.
Conflicting Laws: This Title is not intended to repeal, abrogate or impair any
existing easements, covenants or deed restrictions. However, where this Chapter
and other ordinance, easement, covenant or deed restrictions conflict or overlap,
whichever imposes the more stringent restrictions shall prevail.
D. TITLE 10 FLOOD CONTROL PROVISIONS WInCH ARE OF SPECIAL CONCERN
REGARDING TInS PROPOSAL:
.
ECC Section 10-1-8-5 (D) (4) states in part that all buildings shall be set back a minimum of
fifty-feet (50') from the floodway line.
.
ECC Section 10-1-8-5 (D) Open Areas: Except for required berms, open areas such as parks,
golf courses, greenbelt areas, parking lots, etc., within the area of special flood hazard shall be
designed and operated so that they may flood and maintain existing natural storage capacity
for waters during the base flood event. Levees or berms shall not be used for flood control.
E. DISCUSSION:
.
The Comprehensive Plan's land use map designates this site as Residential Two (up to two
dwelling units per acre.
.
A Development Agreement has been proposed to guide the development of the northern parcel
(Lot 1, Block 8) currently located within the flood way which is anticipated to be moved out of
the floodway subsequent to completion of a review by FEMA. The Development Agreement
is a discretionary tool which may be used as a condition of rezoning to assure the proper
development of this parcel. The Development Agreement proposed by the applicant and that
proposed by the City are attached for review.
.
The majority of the open space proposed for the development consists of ponds and waterways
abutting the rear property lines of a number of lots. The site planning of the RiversEnd
development has incorporated the City's goal of providing pathway systems, and preserving
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natural features but the service for the recreational needs of the future and existing residents
may be considered minimal compared to other approved PODs. Island Woods Subdivision
and Two Rivers Subdivision are examples of developments that not only include pathways and
water amenities, but also provide clubhouses and tennis courts. In addition, there are
subdivisions such as Great Sky Estates and Redwood Creek which were not developed under
the POD guidelines yet still offered swimming pools for the residents.
In addition, Eagle City Code Section 8-1-2 states in part that open space is intended to be a
"useable and convenient amenity". This code section further states, "Flood way areas, wetland
areas, drainage ditches, irrigation ditches, and similar features shall not be considered as a part
of the minimum area of open space required". The question arises as to whether the proposed
waterways within the development are to be considered 1) as a useable amenity and 2) similar
to a wetland area or drainage ditch.
The 2000 Eagle City Comprehensive Plan states in chapter nine, "Open space is land which is
not used for buildings or structures and offers opportunities for parks, recreation, water
amenities, greenbelts, river trails and pathways, tourism, leisure activities, viewpoints, and
wildlife habitat". The waterways may be considered an appealing amenity by some and a
bothersome nuisance by others. Waterways provide calming qualities such as serene views
with wildlife and plant material as well as the opportunity for recreation. Waterways may also
become clogged with stagnate water, breeding grounds for pests and overgrowth of plant
material. Because information is lacking as to how the ponds may be used (recreation) and
how they are to be maintained, discussion by the applicant should address these issues.
Furthermore, the waterways are proposed to accommodate storm water runoff, presumably a
majority of it from the roadways. Because Eagle City Code excludes wetland areas and
drainage ditches to be considered as part of the minimum open space required, the comparison
of the waterways to drainage ditches and wetland areas should be considered.
Therefore, the Council may want to consider the following: 1) Are there enough amenities
provided for the site (such as clubhouses and pools)? 2) How useable are the proposed
amenities (such as passive versus active)? And 3) Are waterways similar in feature to wetland
areas and drainage ditches and therefore excluded from consideration as open space?
.
ECC Section 8-6-1 (A) states in part that a reduction in building setbacks may be permitted
within a POD.
The applicant is proposing the following setbacks: 20'-front, 25'-rear, 7.5'-side, and 20'-street
side for all lots within this development. The setbacks proposed are similar to the setbacks
required in an R-4 zone which has a minimum lot size of 8,000 square feet. Because of the
proposed nature of this project ("upscale housing") and the properties to the west (Island
Woods, Two Rivers), the proposed setbacks would allow a significantly larger house to be
built on the lots within this development, compared to houses built in other subdivisions
within the City where the lot sizes are more appropriate for higher density development. Side
setbacks tend to lose effectiveness when larger houses are built on smaller lots initially
intended for denser areas. The spaces in between houses become dwarfed due to the close
proximity to each other and high walls typical of larger homes. Eagle City Code Section 8-7-
3-5 states in part that under a conditional use permit under Title 8 allows for more "restrictive
standards than those generally required in this Title". Therefore, to avoid a canyon-like
appearance and preserve a more open and airy atmosphere, the side setbacks should be
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increased to a minimum of lO-feet.
The southern portion of the preliminary plat shows the floodway line traversing through the
lots (Lots 7-10, 29-31,38-40 and 42-43, Block 1) which would limit the location of any
structure to a minimum setback of (50) fifty-feet from the flood way line. The plat should
delineate a building "envelope" in which structures can be built for these lots meeting the
fifty-foot setback from the floodway line as well as the supplementary setbacks listed herein.
.
Lot 1, Block 8, (located in the current floodway in the northern portion of this site) is shown
on the preliminary plat with the intent to subdivide at a future date if the FEMA floodway line
is moved to the north (see Development Agreement text and Preliminary Development Plan
map for this application). The parcel is proposed to be a non-buildable lot, with an easement
extending from the northern portion of the proposed subdivision to the proposed "nature
reserve". This plat should have a note which states that Lot 1, Block 8, is a non-buildable lot
(until such time as the FEMA floodway line may move) and a note addressing the pedestrian
and maintenance access easement extending through this lot to the northern "nature reserve".
.
Lot 41, Block 1, (located in the floodway in the southern portion of this site) is shown with no
access to a public right-of-way. The applicant has stated that the lot is intended for the use of
the abutting parcels (Lots 38, 39,40 and 42, Block 1), yet no indication of this is shown on the
plat. The plat should be revised to extend the lot lines of the aforementioned lots from their
current southern terminus through to the southern boundary line of Lot 41, thereby eliminating
lot 41 and creating larger lot sizes for Lots 38, 39,40 and 42, Block 1.
.
ECC Section 9-5-4-3 (C) requires that storage areas be provided for the anticipated needs of
boats, campers, and trailers. The applicant has requested to deviate from this ordinance and
states in the narrative that the CC&Rs will specify the storage of boats, campers, and trailers in
an enclosed building. The applicant should provide more detail as to where the enclosed
building is to be located, i.e. upon each individual lot or in a central common area. If the
Council determines that individual lot storage is more appropriate than a common storage
facility, the applicant should provide a copy of the CC&Rs for review which define the proper
storage of the boats, campers and trailers. If a common storage area is required, then the
applicant should be required to obtain design review approval and should construct the storage
area prior to City Clerk signing the final plat for the fist phase.
.
ECC Section 9-5-4-3 (E) requires that a maintenance building be provided of such size and in
such location as is suitable for the service needs that are necessary for the repair and
maintenance of all common areas. The applicant has requested to deviate from this ordinance
and states in the narrative that an outside contractor will be hired by the homeowner's
association to maintain and service the common areas. If the Council determines that an
outside maintenance contractor is more appropriate than an on-site maintenance building, the
applicant should provide a copy of the CC&Rs for review which define the guidelines for the
contracting of an outside maintenance fmn. If a maintenance building is required, then the
applicant should be required to obtain design review approval and should construct the
maintenance building prior to City Clerk signing the final plat for the first phase.
.
ECC Section 8-2-4 states in part that the required width of all lots (as measured at a point
midway between the front and rear property lines) within an R-2 zone shall be a minimum of
75-feet. The applicant has requested to deviate from this requirement for six (6) uniquely
shaped lots located in the southern section of this parcel. The letter does not specifically
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identify which lots the deviation is requested for, but staff has reviewed all lots within the
preliminary plat for compliance with this ordinance. Staff has determined that Lots 10, 29 and
42 of Block 1 are not in compliance with Eagle City Code as the minimum width measured at
the midway between the front and rear property lines is less than 75-feet. However, these
midway points fall onto locations where the driveway accesses to the lots are most likely to be
constructed. The lots then expand to widths greater than the minimum required. The Council
may determine that the driveway access width is not the significant factor in siting a residence
on a lot but rather the bulk of the lot itself establishes an appropriate placement of a structure.
The applicant should provide a revised preliminary plat showing Lots 10,29 and 42, of Block
1 meeting the required lot width of 75-feet unless it is determined by the City Council that the
intent of the minimum lot width is to provide ample space for a dwelling unit rather than to
accommodate a driveway access to the site.
.
East Island Woods Drive to the west is designated as a collector with the eastern section of this
roadway to be a foreseeable extension of this collector status (as shown on the City of Eagle's
TransportationlPathway Network Map #1 of 2). New developments are required to provide a
35-foot wide separation (buffer) between homes and a collector roadway. Although a majority
of this requirement has been accommodated, seven lots (Lots 2 and 48, Block 1, Lot 2, Block
2, Lot 2, Block 3, Lots 2 and 24, Block 4, and Lot 2, Block 7) abutting East Island Woods
Drive are located approximately 20-feet from the right-of-way. The applicant should provide a
revised preliminary plat showing the aforementioned lots separated from the East Island
Woods Drive right-of-way by a 35-foot wide landscaped buffer.
.
East Island Woods Drive intersects with Eagle Road and is in alignment with West Island
Woods Drive on the west side of Eagle Road. This intersection may be considered a prime
situation for the installation of a traffic signal due to increased traffic volumes on Eagle Road
and future increases on both West Island Woods Drive and East Island Woods Drive. With a
portion of East Island Woods Drive designated as a collector and the potential extension of
this road to the east (as shown on the City's TransportationlPathway Network Map #1 of 2),
the intersection at Eagle Road may (if it has not already) exceed safe and efficient usage. The
City has received a letter from ITD which recommends that the City require the developer to
pay a share for the cost of a signal and improvements at the intersection. This is a valid
consideration but the question arises as to what is a fair and proportionate share? The
RiversEnd development would not be the only subdivision to use the intersection nor has it
contributed to the current poor condition of the traffic at the intersection (although it may be
assumed that the subdivision will add to the situation in the future). More importantly, the
Eagle RoadlIsland Woods Drive intersection is under the jurisdiction of ITD and the Ada
County Highway District and therefore the City is not able to require conditions in which it
has no authority. However, the City may recommend to these agencies that they require not
only the developer of RiversEnd but also the developer of Two Rivers and Island Woods to
provide a proportionate share of the cost to construct a traffic signal and other improvements at
the intersection.
.
The applicant has submitted a Development Agreement for the northern portion of the
property referred to as Lot 1, Block 8 of the preliminary plat. Included with the attached
documents are the applicant's version with the footer marked "C:\My Documents\LCNobs
2000\RiversEnd DA ver1.doc" and the City's version with the footer marked "K:\Planning
Dept\Eagle Applications\SUBS\200 1 \RiversEnd daI.doc".
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
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Staff recommends approval of the annexation and rezone, conditional use permit, planned unit
development preliminary development plan, and preliminary plat with the site specific conditions
of approval and the standard conditions provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications was held before the Planning and Zoning Commission on May
14, 2001, at which time testimony was taken. The Commission continued this matter until June 18,
2001, in order to receive additional testimony, closed the public hearing and made their
recommendation at that time.
B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission
by thirteen (13) individuals on May 14, 2001 and one (1) individual on June 18, 2001. The issues
addressed were generally related to traffic concerns such as the funding and installation of a traffic
signal at the intersection of Island Woods Drive and Eagle Road, and the routing of construction
traffic; the need for this development to provide amenities such as a pool and tennis courts, and the
effect this development will have on water pressure and existing waterways.
C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by one
individual who supported the project provided that the applicant comply with the City of Eagle's
special recommendations to the Idaho Transportation Department and the Ada County Highway
District, as provided within the staff report.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of A-I-OI/RZ-I-0IlCU-3-0I/PPOD-1-
OI/PP-2-0I for a rezone with development agreement upon annexation, conditional use permit,
planned unit development preliminary development plan, and preliminary plat approvals for
RiversEnd planned unit development with the site specific conditions of approval and standard
conditions of approval shown within their Findings of Fact and Conclusions of Law document,
dated July 2, 2001.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on this application (A-I-0I/RZ-I-0IlCU-3-0I/PPOD-I-OI/PP-2-01) was held before
the City Council on July 24, 2001, at which time testimony was taken. The Council continued this
matter until August 14, 2001, in order to receive additional written testimony. The Council continued
the item to September 18,2001, closed the public hearing and made their decision at that time.
B. Oral testimony in opposition to this proposal was presented to the City Council by nine (9) individuals
concerned with the increased traffic and traffic congestion (specifically but not limited to construction
traffic), the need for a traffic signal light to be installed at the intersection of Eagle Road and Island
Woods Drive, need for speed control on Island Woods Drive, need for more than one access into the
development other than Island Woods Drive, responsibility for the maintenance of the roads and brick
cross walks, general safety of children in the neighborhood, and concrete edging around the proposed
ponds and their effect on the habitat.
C. Oral testimony in favor of this proposal was presented to the City Council by one individual who felt
the development was designed well and will have a favorable impact on his property values.
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D. Written testimony in opposition to this proposal was presented to the City Council by eight (8)
individuals with concerns regarding with the increased traffic and traffic congestion (specifically but
not limited to construction traffic), the need for a traffic signal light to be installed at the intersection of
Eagle Road and Island Woods Drive, need for speed control on Island Woods Drive, need for more
than one access into the development other than Island Woods Drive, responsibility for the
maintenance of the roads and brick cross walks, general safety of children in the neighborhood,
previous understanding from realtors that development would not occur on the site, over-availability of
homes in Eagle.
COUNCIL DECISION:
The Council voted 3 to 1 (Sedlacek against) to approve the annexation and rezone, conditional use
permit, planned unit development preliminary development plan, and preliminary plat applications
for RiversEnd planned unit development with the following site specific conditions of approval
and standard conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1.
Comply with all site specific recommendations provided within the City's Engineering firm's
(Holladay Engineering) letter dated May 10, 2001. Except that the City acknowledges that items #3,
#4 and #5 are not issues with this POD in that the ponds are part of the open space and are not
wetlands and that the lot sizes referenced in items #4 and #5 may be permitted to be decreased with
the POD.
2.
Lots 10, 29 and 42, of Block 1, are granted an exception from the required minimum lot width of 75-
feet as requested by the applicant with this POD and said lots may be reduced in width as shown on
the submitted preliminary plat date stamped by the City on August 7, 2001.
3.
The developer shall provide 3-inch minimum caliper 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 each lot comer except that an additional tree shall be required for Lot 33,
Block 1, Lot 36, Block 1 and Lot 46, Block 1, Lot 4, Block 4, Lot 1, Block 5, and Lot 2, Block 5 with
the distance between trees to be no less than 35-feet. The trees shall be located in a landscape strip
between the sidewalk and the curb. (Where no sidewalk is provided along the private streets
accessing the lots abutting the South Channel of the Boise River, trees shall be within IO-feet of the
pavement edge). Prior to the City Clerk signing the final plat for each phase, the applicant shall either
install the required trees, landscaping, 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 within the 5-foot
wide landscape strip.
4.
Other than the sidewalks along the streets, meandering pathway/trails within the subdivision shall be
6-foot wide minimum asphalt or concrete. For clarification: A) The greenbelt pathway along the
south side of the North Channel of the Boise River shall be compacted gravel or equivalent; and B)
The pathways within the nature preserve at the north end of the development as well as the river
access to the South Channel of the Boise River shall be developed to provide for a lO-foot wide hard
surface pathway such as asphalt, concrete or compacted gravel as specified by Eagle Park and
Pathway Development Committee.
5.
A Flood Plain Development Permit application shall be submitted with each final plat application.
6.
Provide a revised preliminary development plan and preliminary plat which states that Phase Four (as
depicted on the revised preliminary plat, date stamped by the City on August 7, 2001) is, "Currently
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Floodway - non-buildable lot".
7.
If at any time in the future the FEMA floodway line is moved to a point sufficient enough to allow for
development in Phase Four (as depicted on the revised preliminary plat, date stamped by the City on
August 7, 2001), then a final development plan application for this location may be considered
provided the design is consistent with the preliminary development plan (including lot layout and
roadway design) submitted with this application.
8.
Lots 7-10, 29-31, 38, 39,40,42, and 43, Block 1 (Phase Three), shall comply with the 50-foot setback
from the flood way line, pursuant to Eagle City Code in effect at the time a building permit is applied
for. The plat shall show a building envelope for each of the aforementioned lots delineating the
setback limits for placement of any structure. Since the Floodway line intersects roughly in the middle
of each of these lots, that portion of these lots lying south of the floodway line (as determined by
FEMA) shall be "non-build" portions of the lots and no buildings or other structures shall be built
thereon. No equipment or vehicles shall be stored on any portion of these lots lying in the floodway
and such shall be a condition to be within the CC&R's.
9.
Provide construction plans for review and approval to the City Engineer which detail how the
proposed waterways are to be maintained, will prevent stagnation and breeding of pests, and how
storm water is to be accommodated, prior to the City Engineer signing the final plat.
10. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing"
items unless the City determines that any difference between the preliminary development plan and
final development plan needs additional public comment because of possible impacts to surrounding
property owners, to this development, or to the community, or inconsistency with the conditions
herein. If the City determines that a public hearing shall be held on the final development plan, notice
shall be provided for (as was required for the preliminary development plan).
The area shown as Phase Four (as depicted on the revised preliminary plat, date stamped by the City
on August 7,2001) on the preliminary development plan shall not be considered for approval by any
final development plan/final plat application until and if the area is removed from the floodway by
FEMA.
11. Private Road Lot 37, Block 1: A note on the plat shall be provided which substantially states:
"Lot 37, Block 1, is a private road serving only Lots 38,39,40 and 42, Block 1. This road
shall be owned and maintained by the Homeowner's Association for this subdivision. This
Homeowner's Association may not be dissolved and this private road may not be
transferred to any other entity unless specifically approved in writing by the City of Eagle.
All of the costs of maintenance of this Lot 37, Block 1, private road shall be assessed only
to, and paid for only by, the Owners of lots 38, 39, 40 and 42, Block 1, in equal shares and
the CC&R' s for the subdivision shall so provide. Each of these lots has an equal, non-
exclusive, easement over and across this Lot 37, Block 1, for the purposes of ingress,
egress to and from the lots and the public streets, and for installation and maintenance of
underground utilities. Parking on this private road is prohibited."
Private Road Lot 5, Block 1. A note on the Plat shall be provided which substantially states:
"Lot 5, Block 1, is a private road serving Lots 6, 7,8,9, and 10, Block 1, and includes a
20-foot wide access for RiversEnd subdivision owners to get to and from the public streets
and the south channel of the Boise River. This road and access way shall be owned and
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maintained by the Homeowner's Association for this subdivision. This Homeowner's
Association may not be dissolved and this Lot 5, Block 1, may not be transferred to any
other entity unless specifically approved in writing by the City of Eagle. All of the costs of
maintenance of this Lot 5, Block 1, private road shall be assessed only to, and paid for
only by, the Owners of Lots 6, 7, 8, 9, and 10, Block 1, in equal shares. The costs of
maintenance of the 20-foot wide access way from the cul-de-sac in Lot 5, Block 1, to the
Boise River shall be assessed to all owners of the subdivision as a regular Common Area
expense. Lots 6, 7,8,9, and 10, Block 1, each have an equal, non-exclusive easement over
and across Lot 5, Block 1, from the public streets to through the cul-de-sac for the
purposes of motor vehicle and other ingress, egress to and from each of these lots and the
public streets, and for installation and maintenance of underground utilities. Parking on
this private road is prohibited. Lot 5, Block 1, is also subject to an easement for pedestrian
traffic only in favor of all owners in RiversEnd subdivision for pedestrian access to and
from the public streets and the south channel of the Boise River. Lot 5, Block 1, is also
subject to an easement for motor vehicle and equipment access by the irrigation entity
which owns the ditch, head gate and weir located in Lot 5 for the purpose of access to and
maintenance of those irrigation facilities."
The revised plat date stamped by the City on August 7, 2001, shows the above referenced common
area lot. (At the head gate, the easement widens to approximately 30-feet to include the head gate
itself as depicted on the Plat.)
The final plat which includes Lot 5, Block 1, shall be designed to provide access to the head gate
to extend beyond the head gate to the southern boundary of the site.
No gates shall be permitted across Lot 5, Block 1, to allow access to the river for maintenance and
emergency vehicles.
12. The street and pathway configuration shall remain substantially as shown on the preliminary plat, date
stamped by the City on August 7, 2001. A pathway shall not be required on the north side of the
South Channel of the Boise River abutting this site.
There shall be a note on the final that states:
"Any portion of this property abutting the High Water Mark of the Boise River shall be subject to a
fifteen (15) foot Sportsman's Easement (as delineated on the preliminary plat date stamped by the City
on August 7,2001) for purposes of Sportsman ingress and egress to the Boise River."
Provide a minimum 20-foot wide access easement (or common lot) from the RiversEnd Subdivision to
the South Channel of the Boise River. The 20-foot wide area shall be kept clear of weeds and other
obstructions. The access area is for maintenance and residents within the subdivision.
13. All living trees that do not encroach upon the buildable area on any lot along the North and South
Channel of the Boise River shall be left in their natural state, including any tree along the slough on
the North side of Phase Four continuing to provide habitat for the existing birds and animals. 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 Design review Board) shall be provided for Design Review
Board approval prior to Council approval of a fmal development plan.
14. Establish a mechanism for the repair and maintenance of the private streets, including provisions for
the funding thereof, within the required CC&R's for the subdivision and provide any necessary notes
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on the final plat, all to be reviewed and approved by the City Engineer and City Attorney prior to City
approval of the final plat.
15. Provide a revised preliminary plat with a note providing access to the irrigation junction box located at
the southern end of Lot 9, Block 1. Specific easement language shall be reviewed and approved by
the Zoning Administrator prior to City approval of the [mal plat (part of #11 above).
16. Until such time that Phase Four (as depicted on the revised preliminary plat, date stamped by the City
on August 7, 2001) is re-subdivided, provide a revised preliminary plat with a note providing
maintenance access through and across the Phase Four portion of the site to the proposed nature
reserve and greenbelt located in the northern portion of the site. If and when Phase Four portion of
the site is re-subdivided, an access easement for pedestrian access to the nature reserve and greenbelt
as well as maintenance access shall be provided. Specific easement language shall be reviewed and
approved by the Zoning Administrator prior to City approval of any final plat that includes the area
shown as Phase Four.
17. The private streets proposed within the subdivision are hereby approved. Submit construction plans
showing construction details of the private streets upon submittal of a final plat for Phase 3.
18. These following amenities and the landscape plans showing the open space amenities shall be
reviewed and approved by the Design Review Board.
The developer shall provide the following amenities in each respective Phase of the subdivision as
that particular Phase containing the amenity is developed:
A.
A 5-acre nature preserve and nature pathways adjacent to the north channel of the Boise
River, as shown on the Development Plan in Lot 24, Block 3. None of these pathways need
to be paved. These pathways in this nature area shall connect to the City of Eagle green belt
pathway system on the south side of the north channel of the Boise River as shown the City
of Eagle Comprehensive Plan Transportation / Pathway Network Map #1 of 2. Access to the
pathway strictly for the purpose of construction, maintenance, and emergency access shall be
allowed and provided by the developer.
B.
Completion of the City of Eagle green belt pathway where it exists on the property and as
shown on the City of Eagle Comprehensive Plan Transportation / Pathway Network Map #1
of 2. (The 25-foot wide easement for this City greenbelt pathway has already been granted to
the City of Eagle). The developer shall provide a plan drawn to City specifications to
construct a lO-foot wide gravel pathway within the easement, prior to the issuance of any
building permits for Phase Four.
c.
Complete a I2-foot wide natural or gravel pathway over Lot 25, Block 3 for purposes of
pedestrian and maintenance access from the public streets to Lot 24, Block 3 (the nature
preserve and pathway area).
D. A natural pathway from the cul-de-sac in Lot 5, Block 1, to the South Channel of the Boise
River. This portion of Lot 5, Block 1, from the paved cul-de-sac may be kept in its natural
state. (The remainder of the private road in Lot 5, Block 1 shall be paved.) The Association
shall be responsible to keep the area free of noxious weeds.
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E.
Construct pathways and landscaping for the use of residents as follows: (All paved pathways
shall be asphalt or concrete and shall be at least six (6) feet wide.)
E1. Paved pathway on Common Lot 18, Block 1, from the pond to the public street (Rivers
End Drive).
E2. Paved pathway between Lots 10 and 11, Block 2, and over common area Lot 1, Block
2.
E3. A pedestrian bridge over common area Lot 1, Block 2 (at Lots 10 and 11, Block 2).
E4. A paved pathway at the entrance to the subdivision's far west side (adjacent to Island
Woods) from Island Woods Drive through Lot 1, Block 3, and between Lots 4 and 5,
Block 3.
E5. A bridge over the pond in Lot 1, Block 4 near Lots 9 and 10, Block 4.
E6. A paved pathway between lots 9 and 10, Block 5.
E7. A paved pathway between lots 5 and 6, Block 5.
E8. A paved pathway through Common Lot 2, Block 5.
E9.
A paved pathway between Lots 3 and 4, Block 6.
ElO. A paved pathway between Lots 22 and 23, Block 6.
Ell. A paved pathway and pedestrian bridge over common Lot 9, Block 6.
F.
Two east/west meandering sidewalks and pathways on both sides ofIsland Woods Drive in
the subdivision allowing pedestrians to walk from the eastern side of the subdivision to the
western side of the subdivision.
G.
A small sitting area on the South Channel of the Boise River in Lot 5, Block 1 for the
observation of the river and other scenic attractions.
H. A IS-foot Sportsman's access easement as shown on the plat for the use by sportsman for
ingress and egress to the Boise River.
I.
A landscaped entrance area to Lot 18, Block 1, and a Gazebo of at least 100 square feet of
floor area to be accessible to residents for meeting, fishing or related activities. No barbeque
facilities will be provided and the site will close at dusk.
J.
A small seating and contemplation area next to the pond adjacent to Lot 33, Block 1.
K. Acres of ponds for the attraction of wild birds, ducks and geese and for the fishing pleasures
of the residents of the subdivision.
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L.
A Clubhouse with recreational and meeting areas adjacent to Lot 1, Block 7 (at the east end
and the north side of this subdivision's Island Woods Drive). This Common Area will have
the following:
L1. A swimming pool of approximately 600 square feet in area, maximum depth 5.5 feet,
(No Diving Board).
L2. Sunbathing deck area.
L3. An approximately 24-foot by 24-foot building room serving many purposes; Board
meetings and other related meetings of persons in the subdivision; classes for residents;
crafts for children; organized games for residents and other activities.
L4. Changing rooms and restroom facilities for the Pool.
L5. An approximately 30-foot by 30-foot fenced area for children to play in while being
supervised by their parents.
L6. Parking spaces for a minimum of 10 cars or as required by Eagle City Code, whichever
is greater.
L7. A small outside seating area for enjoying views and similar activities.
M. A gazebo on the main pond located in Lot 1, Block 2. This gazebo shall have at least 100
square-feet of floor area and will provide the residents opportunities to gather, rest, fish and
other similar activities. No barbeque facilities will be provided and the site will close at dusk.
N.
Water fountains/features will be located adjacent to Island Woods Drive at the common
boundary of this subdivision and Island Woods subdivision.
o.
Pressurized Urban Irrigation System (PUIS) to be owned and operated by the Homeowner's
Association.
P.
Small seating area adjacent to the pond in Common Area Lot 1, Block 2, and Lot 2, Block 5,
shall be provided.
Q. Flowers and landscaping will be located adjacent to Island Woods Drive at the common
boundary of this subdivision and Island Woods subdivision.
19. Minimum lot sizes, lot widths and setbacks shall be as stated within the "Site Data" section "G" of
this report with the following revision: Additional setback criteria shall be as follows:
Note: The preliminary plat, date stamped by the City on September 5,2001, is incorporated into
these findings by reference. This plat has color coded lots for the purpose of matching the
required setbacks to specific lots.
A. Floodway:
For any Lot touching a Floodway Line as established by FEMA at the time a building permit is
applied for, the setback shall be 50 feet from that Floodway line.
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B. Southside (colored blue on preliminary plat, date stamped by the City on September 5,2001):
IS-Foot Side Setback/20 Foot for second story
25-Foot Front Setback
25-Foot Rear Setback (or 50 Feet from Floodway, if applicable)
Block 1: Lots 6, 7, 8, 9, 10,29,30,31,38,39,40,42 and 43
C. North side (colored pink on preliminary pat, date stamped by the City on September 5,2001):
lO-Foot Side Setback One Story/IS Foot for second story
25-Foot Front Setback
25-Foot Rear Setback (or 50 Feet from Floodway if applicable)
Block 3: Lots 18, 19,20,21,23,26, and 27
D. Interior Lots (colored yellow on preliminary plat, date stamped by the City on September 5,2001):
IO-Foot Side Setback One Story/IS Foot for second story
25-Foot Front Setback
25-Foot Rear Setback
Block 1: Lots 17, 19,28,33,36,45, and 47
Block 2: Lots 4, 5, 6,
Block 3: Lots 10, 11
Block 4: Lots 4, 23
Block 6: Lots 16, 17
E. Lots with special 25 foot Front Setback for Garage (colored orange on preliminary plat, date
stamped by the City on September 5,2001):
IO-Foot interior side setback for single-story homes
IS-Foot interior side setback for two-story homes
Block 1: Lots 3, 21, and 24
Block 2: Lots 4,7,10,13
Block 3: Lots 3, 8, 15, and 28
Block 4: Lots 7, 9, 10, and 22
Block 6: Lots 5, 7,19, and 25
Block 7: Lots 4, 6, and 8
F. Special Setbacks for the 6 Lots adjacent to Island Woods Drive: (colored purple on preliminary
plat, date stamped by the City on September 5,2001).
(These Lots are Lot 2, Block 1; Lot 2, Block 2; Lot 2, Block 3;
Lot 2 Block 4; Lot 24, Block 4; Lot 48, Block 1)
lO-Foot Side Setbacks adjacent to Island Woods Drive, for single-story homes
IS-Foot setback adjacent to Island Woods Drive, for two-story homes
7.5-Foot Side Setback for single-story homes/I2.5 Foot for second story for side opposite Island
Woods Drive
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25-foot front setback
25-foot rear setback
G. All other Lot Setbacks
25-Foot Front Setback
25-Foot Rear Setback
lO-Foot Side Setback for single-story homes/IS Foot for two-story homes.
20. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer
areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior
to approval of fmal development plan.
21. The applicant shall submit a design review application showing proposed subdivision signage and a
landscape plan showing perimeter fencing (if proposed), street trees, common area landscaping, and
berming, fencing, and planting details within the required 35-foot wide buffer area where required by
Eagle City Code Section 8-2A-7 (J) (4) along either side of East Island Woods Drive traveling through
this site or submit a request for an alternate method of compliance as provided for within Eagle City
Code Section 8-2A-7 (0) for review and approval by the Design Review Board prior to City approval
of a final plat.
22. The entire RiversEnd development shall remain under the control of one Homeowners Association.
23. The CC&R's for RiversEnd shall provide that the association shall have the duty to maintain and
operate all of the common landscape areas in the subdivision in a competent and attractive manner,
including the watering, mowing, fertilizing and caring for shrubs and trees. The association shall
utilize competent outside contractors.
24. RiversEnd will not provide any common on-site storage facilities for boats, campers, RV's or the like.
The CC&R's shall provide that the storage of any vehicles, whether they be automobiles, pick-up
trucks, SUV's or a small boat shall only be stored in a city approved (and Architectural Control
Committee (ACC) approved) garage. There shall be no open outdoor storage of any boats, sail boats,
RV's or the like in the subdivision.
25. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall
enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and
prohibited on Sunday. The applicant shall install at the entrance to the RiversEnd 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.
26. No excavated materials shall be removed from the site.
27. The applicant shall submit a phasing plan prior to the submittal of a final plat and final development
application.
28. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
flood way line as shown on the accepted FEMA maps current at the time of submittal for final plat.
The building envelopes shall be shown on the final plat to reflect the minimum 50-foot setback from
the flood way line.
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29. A temporary easement for river maintenance and pathway construction shall be provided prior to the
City Engineer approving the final plat for phase one. The easement shall be 20-feet wide and shall
generally be along the gravel roadway currently providing access to the home located on the property
generally as shown on the plat where Lot 8, Block 3, is located. The access shall extend to the North
Channel area and gated to prohibit trespass.
30. The applicant's property shall become annexed into the Eagle Sewer District's service boundaries and
shall comply with all applicable Eagle Sewer District regulations and conditions prior to approval of
any final development plan and final plat for this site.
31. All ponds and waterways shall be planted with natural grasses and plants, similar to the design in the
Island Woods Subdivision. Concrete edging around the ponds and waterways is prohibited.
32. The land between the South Channel and adjacent to Lots 38, 39,40, and 42, Block 1, (shown as Lot
41, Block 1 on the preliminary plat date stamped by the City on March 22, 2001) shall not be included
as part of the adjacent lots but shall remain in its natural state.
Lot 41, Block 1, is an approximately 6-acre parcel located within the flood way accessible only from
the Lots 38, 39, 40, and 42, Block 1. Lot 41, Block 1, is a non-build lot and no buildings or other
structures shall be built upon the lot. The storage of any trash, equipment, or vehicles on the lot is
prohibited.
Lot 41, Block 1, shall be owned and maintained by the Board of Directors of the four abutting lot
owners of Lots 38, 39, 40, and 42, Block 1, acting as a subset of the RiversEnd homeowner's
association with conditions to be defined in a subsection of the master RiversEnd CC&R's. Only the
four adjacent contiguous lot owners shall pay all the costs of maintaining and or managing Lot 41,
Block 1. This association shall not be dissolved with out the written approval of the City of Eagle.
33. The operation of wood fuel burning stoves is prohibited during inversion conditions, as determined
and declared by the Idaho State Department of Environmental Quality.
SPECIAL RECOMMENDATION TO ITD AND THE ACHD:
The City recommends that the Idaho Transportation Department and the Ada County Highway District
require the developers of Quarter Circle Ranch POD (final platted as Two Rivers Subdivision), Island
Woods POD and RiversEnd POD to each provide a proportionate share of the cost to construct a
traffic signal and other improvements at the intersection of Eagle Road and Island Woods Drive.
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.
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4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the fmal plat (Lc. Title 50, Chapter 13 and Lc. 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 (B.c.c. 9-20-8.4)
7.
All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home.
8.
Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
title or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-I-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 fmal plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by
an organized irrigation district, canal company, ditch association, 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
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15.
16.
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the final plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
13.
The applicant shall provide utility easements as required by the public utility providing service,
and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
14.
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.
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.
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 for non-residential uses (i.e.; Commercial,
Industrial, Schools, etc.). Flow rates shall 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.
The proposed flIe protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
b.
c.
d.
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 by the Eagle City Attorney prior to the
City Engineer signing the final plat.
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 by the Eagle City
Attorney prior to the City Engineer signing the final plat.
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25.
26.
27.
28.
17.
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.
18.
Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Pathway/Greenbelt Committee for a path or
walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to
approval of the final plat by the City Council.
19.
Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle
City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the
final plat by the City Council.
20.
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".
21.
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.
22.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
23.
The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat
by the City Engineer.
24.
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.
Basements in homes in the flood plain are prohibited.
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.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized
representative of the City of Eagle. The burden shall be upon the applicant to obtain written
confmnation of any change from the City of Eagle.
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
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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.
29.
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.
30.
Prior to submitting the fmal 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.
31.
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.
CONCLUSIONS OF LAW:
1. The application for this item was received by the City of Eagle on March 22,2001.
2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City
ordinances on April 28, 2001. Notice of this public hearing was mailed to property owners within
three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and Eagle City Code on April 25,2001. Requests for agencies' reviews were
transmitted on March 23,2001 in accordance with the requirements of the Eagle City Code.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on July 9, 2001.
Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the
subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle
City Code on July 5,2001.
3. In accordance with Eagle City Code findings for an annexation and rezone, conditional use permit,
planned unit development preliminary development plan and preliminary plat, the Eagle City Council
makes the following conclusions for A-I-OI/RZ-I-0l/CU-3-0I/PPOD-I-OI/PP-2-0I for RiversEnd
planned unit development:
1. That the proposed POD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community because;
The subdivision is to carefully transition from open pasture to a planned residential community
with areas of landscaped open space, a nature reserve and water features patterned after Island
Woods and sensitive to Eagle Island. There will be a range of housing opportunities from 9,600-
square foot lots to 3-acre custom home sites. Connection to the North Channel of the Boise River
greenbelt will be provided and residents will be able to conveniently walk or bicycle to the City's
downtown and other Eagle retail businesses from the development.
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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 because;
The RiversEnd development has been designed to retain the natural waterways as well as
incorporate the calming effects and beauty that watercourses provide. Existing views, water
features, and existing specimen trees will be preserved and enhanced. Access to the site will be
from Eagle Road on Island Woods Drive, constructed in part to function as a collector roadway.
A Homeowners Association will be formed to enforce the development conditions of the
subdivision in a manner similar to Island Woods. All property owners will be required to join the
Homeowners Association which will also be responsible for maintenance of the common areas and
the community facilities from homeowner fees and assessments.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses
because;
The development will have access off of Eagle Road on Island Woods Drive, which was
constructed as a collector and planned to continue easterly to serve future development on Eagle
Island. The development will provide a landscaped buffer area between this development and the
Island Woods subdivision to the west although the two subdivisions will be so similar in
appearance to each other in many aspects (including lot size, architecture and landscape
amenities), that citizens may not know there are two different developments in this location.
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 because;
No major impacts are expected as this development should only develop normal traffic that would
be related to a I40-lot subdivision development. This development will also contribute funds to
facilitate the installation of a traffic signal at the intersection of Eagle Road and Island Woods
Drive, thereby improving traffic service at this intersection.
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 because;
All central services are available to be extended into the site. Development of sewer, water,
drainage, streets and other urban services will be provided at the developer's expense. The
addition of more residences to the area should help facilitate the construction of new buildings
within the School system.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services because;
All public facilities and services are supplied by the developer and must be approved at the time of
installation and before acceptance by the sewer, water or road district. Because the developer
provides the services in the initial stages of development the public service providers avoid
potential liability and expenses.
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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 because;
The development plan was designed with consideration to not only preserve the surrounding
natural environment of the river area but to also incorporate these features within the development.
Watercourses located within common areas are situated as near to individual home sites as
possible, with pathways to connect to all points within the subdivision. A nature reserve with a
pathway system located in the development will provide the residents an area to enjoy the natural
environment as well as give access to the City's greenbelt system.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares because;
Access to the development will be from Eagle Road by way of Island Woods Drive. A portion of
Island Woods Drive was constructed to function as a collector and planned to extend to serve
future development to the east. Access onto and exiting from Eagle Road should be aided in the
future by the installation of a traffic signal, provided that warrants are present to construct the
signal.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance because;
The project area is limited due to the natural boundaries of the North and South Channels of the
Boise River. Because of this, the site will only develop open pastureland while preserving and
incorporating the natural features that the Boise River provides.
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 because;
The proposed development is an ideal fit with the Comprehensive Plan. Current zoning
classification encourages this type of development. The Comprehensive Plan under land use
states, "Development within this land classification should be required to proceed through the
POD and/or Development Agreement process. Residential densities of up to two dwelling units
per gross acre may be considered by the City for this area. "
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 because;
This application is requesting the following approvals:
1. Rezone from Agricultural to Residential R-2-P;
2. Preliminary Plat Application/Conditional Use Permit for PODs; and
3. Flood Plain Development Permit
The proposed RiversEnd Subdivision has been planned to be in conformity with the POD
intent and development guidelines as stated below:
PUD
"It shall be the policy to guide a major development of land and construction by encouraging planned
unit development (POD) to achieve the following:
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8-6-1 Purpose
A. A maximum choice of living environments by allowing a variety of housing and building
types and permitting an increased density per acre and a reduction in lot dimensions,
yards, building setbacks and area requirements.
B. A more useful pattern of open space and recreation areas and, if permitted as part of the
project, more convenience in the location of accessory commercial... uses and services.
C. A development pattern which preserves and utilizes natural topography and geologic
features, scenic vistas, trees and other vegetation and prevents the disruption of natural
drainage patterns. "
D. A more efficient use of land than is generally achieved though conventional development
resulting in substantial savings through shorter utilities and streets; and
E. A development pattern in harmony with land use density, transportation and community
facilities objectives of the Comprehensive Plan. "
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 because;
The RiversEnd POD proposal envisions a variety of lot sizes within the R-2 Zone District.
The variety of housing types in the subdivision is a significant element to creating and supporting
an innovative open space and community facilities plan.
D. With regard Eagle City Code Section 9-3-2-5 (A), "General Standards" for private streets, the Council
has determined that:
1. Unique or special circumstances exist with respect to the proposed use, design, location,
topography, or other features of the development or its surroundings such that the private street
will serve to enhance the overall development. The following reasons support the above noted
finding:
Because this development is located on Eagle Island and bound by the Boise River to the north
and south, the design will limit the number of units and configuration of lots allowed in the 100
year floodplain; and because the applicant is planning to provide a unique housing opportunity
within the larger lots located on the southern edge of the development by offering an intimate
setting accomplished in part by providing narrow (less than public standards), non-continuous
streets;
2. The private street within the subdivision provide safe and effective movement of both vehicular
and pedestrian traffic because of the following:
The roadways will be designed to be non-continuous and terminate in cul-de-sacs, thereby limiting
the number of vehicles using the roadways; and because the only 9 lots are being served by these
roads, the number of vehicles and pedestrians using the roadways is further limited;
3. The private street provides adequate access for service and emergency vehicles:
The Eagle Fire District will be required to approve the design of the roadways, and since the cul-
de-sacs have been designed with large enough turnarounds to accommodate the turning radius of
emergency vehicles;
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4. The private street within the subdivision does not adversely affect access to adjacent properties:
The private street will not adversely affect access to adjacent properties since it will not connect
one public street to another and since it does not take away existing public street accesses to
surrounding properties;
The private streets will not landlock adjacent property due to topography or parcel layout as shown
on the proposed plan, and since all adjacent properties currently have access to public roadways;
5. The private street within the subdivision does not connect one public street to another;
6. The use or alignment of the private street within the subdivision does not interfere with the
continuity of public streets as noted above; and
7. An appropriate mechanism will be established for the repair and maintenance of the private street,
including provisions for the funding thereof, within the required CC&R's for the subdivision and
with any necessary notes to be provided on the final plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
DATED this 23rd day of October 2001.
CITY COUNCIL
OF T CITY OF EAGLE
Ada unty, Idaho
, Mayor
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