Findings - PZ - 2001 - A-1-01/RZ-1-01/CU-3-01/PPUD-1-01/PP-1-01 - Annex/Rz From Rut To R2p And R2-Da-P /Rivers End/106.83 Acre/173 Lot
OR\G\NAl
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A REZONE UPON ANNEXATION (WITH
DEVELOPMENT AGREEMENT), CONDITIONAL
USE PERMIT, PLANNED UNIT DEVELOPMENT,
PRELIMINARY DEVELOPMENT PLAN, AND
PRELIMINARY PLAT FOR RIVERSEND
PLANNED UNIT DEVELOPMENT FOR
HOWELL-KISER DEVELOPMENT CORPORATION)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER A-I-Ol/RZ-1-OllCU-3-01/PPUD-1-Ol/PP-1-Ol
)
)
)
)
)
)
)
)
The above-entitled rezone upon annexation, conditional use permit, planned unit development preliminary
development plan, and preliminary plat applications came before the Eagle Planning and Zoning
Commission for their recommendation on May 14,2001. The Commission continued the item to June 18,
2001. The Eagle Planning and Zoning Commission having heard and taken oral and written testimony,
and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
PROJECT SUMMARY:
Howell-Kiser Development Corporation, represented by Mark Butler with Land
Consultants Inc., is requesting an annexation and rezone from RUT (Rural Urban
Transition) to R-2-P (Residential up to two units per acre - PUD) and R-2-DA-P
(Residential up to two units per acre with development agreement and PUD), conditional
use, preliminary planned unit development, and preliminary plat approvals for RiversEnd
planned residential development. The 1O6.83-acre development consists of 173-lot (140-
buildable) residential subdivision. The site is located between the North and South
Channels of the Boise River approximately 1 /2-mile east of Eagle Road on East Island
Woods Drive.
A.
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.
C.
D.
illS TORY OF RELEVANT PREVIOUS ACTIONS: None
E.
COMPANION APPLICATIONS: None
Page 1 of 29
K:\Planning DeptlEagle ApplicationslSUBSI2001lRiversEnd POD pzf.doc
F.
COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNA TION DESIGNATION
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 PUD) & PUD Residential
R-2-DA-P (Residential PUD Development
Development Agreement
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 D A T A: *Designates data based on the exclusion of Lot 1, Block 8, 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 flood way but is not expected to be removed from the FEMA flood way.
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
Page 2 of 29
K:\P1anning DeptlEagle Applicatioru;\SUBS\2001IRiversEnd PUD pzf.doc
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 16.78-acres * 14.5-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 PUDs 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 PUDs or in
subdivisions with 50 or more lots.
* Designates data based on the exclusion of Lot 1, Block 8 and Lot 41, Block I (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:
Front
Rear
Interior Side
Street Side
Additional Side Setback
for multi-story structures 5-feet per story
* The applicant is proposing the interior side setbacks to be 7.5-feet.
20 feet
25 feet
10 feet*
20 feet
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
Page 3 of 29
K:\P1anning DeptlEagle ApplicationslSUBS\2001\RiversEnd PUD pzf.doc
, -- --- --- ---'----------,
phases I 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.
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 development is
installing 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 except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide.
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. 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
Page 4 of 29
K:\Planning DeptlEagle ApplicationsISUBS\200llRiversEnd puo pzf.doc
constructed as a 36-foot street section within 50-feet of right-of-way.
The applicant is proposing to construct 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.
Applicant's Justification for Private Streets (if proposed):
See applicants justification letter dated May 14, 2001.
Blocks Less Than 500': No
Cul-de-Sac Design, Sidewalks and Curbs and Gutters:
There are four cul-de-sacs proposed for the subdivision. All cul-de-sacs are within the
maximum foot-length requirements and terminate within a 50-foot radius right-of way.
The applicant is proposing 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 proposed abutting 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 PUD provides for a "nature reserve" with a circular pathway located
within. A path will also connect to the City's ultimate 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
Page 5 of 29
K:\PJanning DeptlEagle ApplicationslSUBS\2001IRiversEnd POD pzf.doc
Unique Animal Life - no
Unique Plant Life - no
Unstable Soils - none shown to exist
Wildlife - yes
N.
SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
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 proposed 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 PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and how
such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
Page 6 of 29
K:\Planning DeptlEagle ApplicationsISUBS\2001 IRiversEod PUD pzf.doc
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fIre protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in a
non-PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In 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 PUD.
Page 7 of 29
K:\PIanning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc
19. That the uses are planned to be an integral part ofthe PUD.
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:
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 PUD 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 PUD 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 PUD development.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WillCH 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 flood way 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 floodway developed as a substantially
improved wildlife habitat area open to the public, or useable public open space, such as a
pathways, ball fields, parks, or similar amenities as may be approved by the City Council,
may be credited toward the minimum open space required for a development.
Chapter 8 - Transportation
8.3.1 - Paths
Page 8 of 29
K:\Planning DeptlEagle Applications\SUBSI2001IRiversEnd PUD pzf.doc
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
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 ofthe 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
Page 9 of 29
K:\Planning DeptlEagle Applications\SUBSI2001\RiversEnd PUD pzf.doc
ways, drainage ways and canals, development buffers, wooded areas, grasslands,
foothills, and viewpoints for public use and enjoyment.
9.6.2
Objectives
a.
To establish open space to protect the finite resource base of Eagle's
natural environment - air, ground water, surface water, soil, forested
areas, plant and wildlife habitats, agricultural lands, and aquifer recharge,
watersheds, and wetlands.
b.
To provide an open space setting for active and passive recreation for all
age groups throughout the community.
c.
To protect against hazards that are inherent to flood plains, flood ways,
steep slopes, and areas of geological instability.
d.
To protect the natural lay of the land (e.g., minimize land disturbance).
e.
To protect such unique environmental areas as historical, geological, and
archaeological sites and monuments, natural areas, and wildlife habitat.
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, floodway and scenic natural
resource reflective of Eagle's rural character.
Chapter 12 - Community Design
12.4 - Implementation Strategies
c. The floodway 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.
Page 10 of 29
K:\P1anning Dept\Eagle ApplicationslSUBSI200l IRiversEnd PUD pzf.doc
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
TillS PROPOSAL:
.
ECC Section 8-1-2 OPEN SPACE:
A common area platted as a separate lot, provided within a recorded easement, or
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. Floodwav
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 AP A 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
Page 11 of 29
K:\Planning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc
(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.
.
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 generallv 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 (PUD) 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:
WHICH ARE
OF
CONCERN
SPECIAL
Page 12 of 29
K:\Plwming DeptlEagle Appfu;ationsISUBS\2001 IRiversEnd PUD pzf.doc
.
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
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 WillCH ARE OF SPECIAL CONCERN
REGARDING TillS 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 floodway which is anticipated to be moved out of
the floodway subsequent to completion of a review by FEMA. The Development Agreement
Page 13 of 29
K:\Planning DeptlEagle App1ications\SUBS\2001\RiversEnd PUD pzf.doc
is a discretionary tool which 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
natural features but the service for the recreational needs of the future and existing residents
may be considered minimal compared to other approved PUDs. 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 PUD 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 PUD.
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
Page 14 of 29
K:\Planning DeptlEagle ApplicationslSUBS\2001 IRiversEnd PUD pzfdoc
------------ --. ---
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
increased to a minimum of lO-feet.
The southern portion of the preliminary plat shows the flood way 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 flood way line as well as the supplementary setbacks listed herein.
.
Lot 1, Block 8, (located in the current flood way 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 flood way 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 I, 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 flood way 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, Le. 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 rum. If a maintenance building is required, then the
Page 15 of 29
K:\Planning DeptlEagle ApplicationsISUBS\2001\Riven;End PUD pzf.doc
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
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.
Page 16 of29
K:\Planning DeptlEagle ApplicationsISUBSI200I\RiversEnd PUD pzf.doc
.
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 da1.doc".
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the rezone upon annexation, conditional use permit, 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-01/RZ-I-0l/CU-3-01/PPUD-I-
01/PP-2-01 for a rezone with development agreement upon annexation, conditional use,
preliminary planned unit development, and preliminary plat approvals for RiversEnd planned
residential development with the following staff recommended site specific conditions of approval
and standard conditions of approval with strikethrough text to be deleted by the Commission and
underline text to be added by the Commission.
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 Citv acknowledges that items #3,
#4 and #5 are not issues with this PUD in that the ponds are part of the open space and are not
wetlands and that the lot sizes referenced in #4 and #5 are permitted to be decreased with the PUD.
2.
Provide a revised prelimiaary plat showing Lots 10, 29 and 42, of Block 1, meeting are granted an
exception from the required lot width of 75-feet \:laless it is àetermiaoo by the City Co\:lneil that the
inteBt of t-he æÍHimüffi lot ',viàth is to prøvide ample space for a àv/elling \:lHit rather thaa to
Page 17 of 29
K:\Planning DeptlEagle ApplicationslSUBS\2001\RiversEnd PUD pzf.doc
aü,wHUBodate a dri'/e\vay aeüess to the site as requested bv the applicant with this PUD and said lots
may be reduced in width as shown on the submitted preliminary plat.
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 corner 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 more thaR gO feet or less than 35-feet. The trees shall be located
in a landscape strip between the sidewalk and the curb. 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.
5.
A Flood Plain Development Permit application shall be submitted upon final plat application.
6.
Provide a revised preliminary development plan and preliminary plat which states that Lot 1 Block 8
is, "Currentlv Floodway - non-buildable lot".
If at any time in the future the FEMA flood way line is moved to a point sufficient enough to allow for
development, the parcel may be submitted to the City for preliminary plat approval in accordance with
the recorded Development Agreement accompanying this application.
7.
If at any time in the future the FEMA floodway line is moved to a point sufficient enough to allow for
development in Lot 1, Block 8, then a new preliminary plat 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.
Provide a revised preliminary plat showing the extension of the lot lines for Lots 38, 39, 40 and 42 of
Block 1 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 of Block 1.
9.
Provide construction plans to the City Engineer for review and approval 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 Lot 1, Block 8, on the preliminary development plan shall not be considered for
approval by any final development plan/final plat application. A new preliminary plat application will
be required prior to the platting of any lots in this area (provided the area is removed from the
flood way by FEMA).
11. Provide a revised preliæiRary plat '.'lith a Rote desigRating the private road Lots 5 aRd 37 of Bloek 1 to
Page 18 of 29
K:\Planning DeptlEagle ApplicationsISUBSI2001\RiversEnd PUD pzf.doc
proviàe aeeess from the pliblie right of way to Lots 6, 7, g, 9, 10, 39, 39, 40 and 42 of Bløek 1.
Provide in a recorded easement document and in the CC&Rs for the subdivision that each of the Lot
Owners of lots accessed bv a private road will have an undivided fee interest in the private road and
that each lot accessed by that private road would have reciprocal easement rights of ingress and egress
over and across the private road to the public streets. This document shall also spell out that there
shall be no parking of any kind in the private road.
12. The street and pathway configuration shall remain substantially as shown on the Preliminary
Development Plan submitted to the City with this application. Provide a revised preliminary plat
showing a minimum lO-foot wide easement for a pathway on the north side of the South Channel of
the Boise River as depicted on the City of Eagle's Comprehensive Plan Transportation / Pathway
Network Map #1 of 2.
13. Provide a revised preliminary plat showing a minimum lO-foot wide access easement from the
RiversEnd Subdivision to the South Channel of the Boise River. A 5-foot wide asphalt pedestrian
pathway shall be constructed within the access easement.
14. All healthy trees (as determined by a certified arborist) shall be preserved and integrated into the open
space design for the development. A re'lÍsed pr-elimiHary plat and Fe';ised 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 final development plan.
15. 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
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.
16. 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 final plat.
17. Until such time that Lot 1, Block 8, is re-subdivided, provide a revised preliminary plat with a note
providing peàesfrian and maintenance access through and across Lot 1 Block 8 to the proposed nature
reserve and greenbelt located in the northern portion of the site. If and when Lot 1, Block 8, 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 the any final plat that includes the area shown as
Lot 1, Block 8.
18. The applieaat shall proviàe jlistifieatiÐH and apply for the proposed private roads IDeated withiB this
sHbàivisioB prior to any aetioB by the PlaBBiHg aBd ZoBiBg Cmnm1ssioB. The applieant shall slibmit
aB applieatioB f-ee of $617.90 based lipOB $400.00 (base fee) pllis 9.3& eeHts per liBeal foot (570 liBeal
feet-ef 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.
19. Useable park amooities slieh as, picHÏe tables, ga-zebos, s\viBg sets, basketball eolirts, ball fields aHd/or
similar aæeRities as àetermiRed by the City ColiReil shall be provided withiH the opoo spaee areas.
Useable open space/ common area amenities generally as shown on the colored rendering submitted
with the application shall be provided. These specifically include: acres of pond abutting almost every
lot: nature areas; internal pathways as well as a portion of the greenbelt pathway; a 20-foot bv 30-foot
Page 19 of 29
K:\Planning DeptlEagle Applications\SUBSI200I\R;versEnd POD pzf.doc
(approximate) swimming pool and common lot: the Blue Heron and Peregrine Pointe gathering and
recreation areas each consisting of a gazebo. seating and fishing areas: two meditation plazas for small
social gatherings. These amenities and the landscape plans showing the open space amenities shall be
reviewed and approved by the Design Review Board.
20. Minimum lot sizes, lot widths and setbacks shall be as stated within the "Site Data" section "G" of
this report with the following revision: All interior side yard setbacks shall be a miRimlim of 10 feet
comply with the R-2 interior side setbacks as stated in ECC Section 8-2-4 and as measured from the
side property line to the building foundation for all units within the subdivision.
21. 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 final development plan.
22. 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.
23. The entire RiversEnd development shall remain under the control of one Homeowners Association.
21. "A~ maiRteRaRee bliilàiÐ.g skall Be provided of SlieR size aøà iH suck løeatioR as is sliitable for tee
servÍee Reeàs Hiat are Heeessary for the repair aHd maiRteRaHee of all COHllBOR areas IiRless it is
determiReà that aø Otitside maiHteRanee eoRtrac:tor hir-eà to care for the C:ØHlfÐOR area 'will satisfy this
reqliir-emeRt. If tee ColiReil àetermiRes that aB olitside maiRteHaøee eoRtraetor is more apfJropriate
tRaø aft OR site maiRteHaøee BliilàiHg, Hie applicaøt sholilà proviàe a cop)' of the CC&Rs for r-evie'....
'Nhich defiRe the gliiàeliRes for Hie c:üBtractiHg of aB olitside maiHteBaHee flflB. If a maiHteRaBee
bliildiRg is reqliir-ed, thØR the applicaftt seolild be r-eEtHir-eà to oBtaiR desigR re'liew approval aøà
sholild coRsHtiet the maiRteHaøee BliildiBg prior to City Clerk sigHiBg Hie fiRal plat. 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.
25. Proviàe a revised fJrelimiBaf)' plat ShOV/ÍHg aB area specific:ally àesigsatoo for the storage of Boats,
campers, aHd trailers, IiBless it is àetermiRoo that iRàiyiàlial lot storage is more apl3ropriate thaø a
eOHllBOR storage faeility, Hie applicaøt sholilà pro'liàe a eopy of the CC&Rs for review ""hieh àefiHe
the proper storage of the boats, eampers aøà trailers. If a eOIlliHOH storage area is reqliireà, theft the
applieaøt sholild be reqliireà to oøæiR àesigR revie'", approval aftà shølilà eoBsHtict the storage ar-ea
prior to City Clerk sigHiHg the fiHal plat for the fist phase. The storage area shall Be revie'.veel aBà
approveà BY the DesigB Re'lie'.v Board aøà eoÐskHcted prior to the City Clerk sigsiRg the fiBal plat.
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-u~
trucks, SUV's or a small boat shall onlv 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.
26. All construction equipment consisting of twelve (12) tons grOSS vehicle weight (GVW) and over shall
Page 20 of 29
K:\Plamring DeptlEagle ApplicationsISUBS\200 I IRiversEnd PUD pzf.doc
enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and
prohibited on Sunday.
27. No excavated materials shall be removed from the site.
28. The applicant shall submit a phasing plan prior to the submittal of a final plat application.
29. Building envelopes shall be depicted on the final plat for all lots located within 50-feet of the
floodwav 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 floodwav line.
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 PUD (final platted as Two Rivers Subdivision), Island
Woods PUD and RiversEnd PUD 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.
4.
Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and 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.
Page 21 of 29
K:\Planning Dept\Eagle Applications\SUBS\2001 IRiversEnd PUD pzf.doc
9.
See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and
shall be approved by the City Engineer prior to the City Engineer signing the final plat.
The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10.
Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11.
No ditch, pipe or other structure or canal, 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 flfSt been approved in writing by the entity. A Registered Engineer shall certify that
any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch
(1) has been made in such a manner that the flow of water will not be impeded or increased
beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or
persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for
Public Works Construction. A copy of such written approval and certification shall be filed with
the construction drawing and submitted to the City Engineer prior to the City Engineer signing the
final plat.
12.
Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.
The applicant shall delineate on the face of the fmal plat an easement, acceptable to the City
Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring
lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat.
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
Page 22 of 29
K:\Planning Dept\Eagle ApplicationslSUBS\2001 IRiversEnd PUD pzf.doc
15.
16.
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
The proposed fIfe 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 fIfe 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.
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 Councilor 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.
Page 23 of 29
K:\Planning DeptlEagle AppticationsISUBS\2001\RiversEnd PUD pzf.doc
22.
23.
24.
25.
26.
27.
The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the final plat.
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.
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 representati ve 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.
28.
No public board, agency, commission, official or other authority shall proceed with the
construction of or authorize the construction of any of the public improvements required by the
Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the
City Council (ECC 9-6-5 (A) (2».
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the fmal 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.
Page 24 of 29
K:\Planning DeptlEagle App1ications\SUBSI2001\RjversEnd POO pzf.doc
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.
3. In accordance with Eagle City Code findings for a rezone upon annexation with a development
agreement, conditional use permit, preliminary development plan and preliminary plat the Eagle
Planning and Zoning Commission makes the following conclusions for A-I-01/RZ-I-0l/CU-3-
01/PPUD-I-Ol/PP-2-01 for RiversEnd planned residential development as proposed with the
conditions recommended herein:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community 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.
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
Page 25 of 29
K:\Planning DeptlEagle App1icationsISUBSI2001IRiversEnd POO pzf.doc
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 140-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.
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
Page 26 of 29
K:\Planning DeptlEagle ApplioationslSUBSI2001 IRiversEnd PUD pzf.doc
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
PUD 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 puns; and
3. Flood Plain Development Permit
The proposed RiversEnd Subdivision has been planned to be in confonnity with the
PUD 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 (POO) to achieve the following:
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."
Page 27 of 29
K:\PIanning DeptlEagle Applications\SUBSI2001lRiversEnd PUD pzf.doc
-------------- --
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations because;
The RiversEnd PUD 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
Commission 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;
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
Page 28 of 29
K:\P1anning DeptlEagle ApplicationslSUBSI2001lRiversEnd PUD pzf.doc
with any necessary notes to be provided on the fmal plat, all to be reviewed by the City Engineer
and City Attorney prior to City approval of the final plat.
DATED this 2nd day of July 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
~~
John F~de . CluUrman
A
Page 29 of 29
K:\Planning DeptlEagIe ApplicationsISUBS\2001IRiversEnd PUD pzf.doc