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Findings - CC - 2019 - CU-02-19/PPUD-02-19/PP-02-19 - 91-Lotnw Corner W. Decathlon St/N. Palmer Ln.BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A CONDITIONAL USE PERMIT, PRELIMINARY DEVELOPMENT PLAN, AND PRELIMINARY PLAT FOR SNOQUALMIE RIVER SUBDIVISION NO. 4 FOR WHITE STURGEON, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-O249IPPUD-02-19IPP-02-19 The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle City Council for their consideration on August 27, 2019, at which time public testimony was taken. The Council continued the public hearing to September 10, 2019, and again on September 24, 2019, to provide the applicant the opportunity to address concerns identified within the 111) correspondence, date stamped by the City on June 26, 2019. The applications came before the City Council for their action on September 24, 2019, at which time public testimony was taken and the public hearing was closed. The 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: White Sturgeon, LLC, represented by David Sterling, with T -O Engineers, is requesting conditional use permit, preliminary development plan, and preliminary plat approvals for Snoqualmie River Subdivision No. 4, a 91 -lot (82 -buildable, 6 -common, 2-shared/common driveway, and 1 -future right-of-way) residential planned unit development. The 37.57 -acre site is located at the northwest corner of the intersection of West Decathlon Street and North Palmer Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Wednesday, January 30, 2019, in compliance with the application submittal requirement of Eagle City Code. Applications for this item were received by the City of Eagle on February 6, 2019. The applicant withdrew those applications to revise the number of proposed lots. The applicant conducted a second Neighborhood Meeting (based on the revised applications) which was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Tuesday, April 23, 2019, in compliance with the application submittal requirement of Eagle City Code. The revised applications for this item were received by the City of Eagle on April 30, 2019. A revised preliminary plat and development plan were provided to the City on June 7, 2019. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on June 14, 2019. 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 June 13, 2019. Requests for agencies' reviews were transmitted on February 12, 2019, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code June 21, 2019. Notice of Public Hearing on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on August 10, 2019. 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 Page 1 of 22 KAPlanning DeptTagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Code and Eagle City Code on August 7, 2019. The site was posted in accordance with the Eagle City Code on August 12, 2019. D. HISTORY OF PREVIOUS ACTIONS: On August 8, 2006, the City Council approved an annexation, rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned Community (A-09-05/RZ- 1 3-05/CU-12-05/PPUD-1 3-05/PP-01-06). On September 24, 2018, the City Council approved a final development plan and final plat for Snoqualmie River Subdivision No. 2 (F'PUD-11-18/FP-13-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 1 (FPUD-15- 1 8/FF'19-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 2 (FPUD-16-18/F'P-20-18). On February 12, 2019, the City Council approved a modification to the development agreement associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05 MODS). On March 13, 2019, the final plat for Snoqualmie River Subdivision No. 2 was recorded at the Ada County Recorder's Office (Instrument No. 2019-019949). On April 23, 2019, the City Council approved a preliminary development plan and preliminary plat for Snoqualmie River Subdivision No. 3 (CU -05-1 8IPPUD-03- 1 8/PP-09-18). For additional property history see: RZ-13-05 MOD / RZ-13-05 MOD2 / RZ-13-05 MOD3 / DR - 64 -06 / DR -64-06 MOD2 / HUD-01-07/FP-01-07 / FP -02-07 / FPUD-01-12/F'P-01-12 / rYUD- 02-12irY-04-12 / F'PUD-02-13/FP-06-1 3 / CU-08-13/PPUD-07-1 3/PP-12-13 / DR -07-14 / FPUD- 05-1 - / CU-06-14/PPUD-03-14IPP-09-14 / FF'UD-04-15IFI-05-15 / F'YUD-05-151FP- 06-15 / I-PUD-06-15/F'Y-09-15 / DR -68-13 / DR -68-13 MOD / DR -68-13 MOD2 / DR -06-15 / DR06-15 MOD / DR -06-15 MOD3 / DR -06-15 MOD4 / EXT -12-09 / EXT -07-10 / EXT -06-11 / CU- 06-17/PPUD-03-17IPP-03-17 / DR -44-17 / DR -45-17 / RZ-13-05 MOD4 / FPUD-04-17/FP-18-17 / CU-08-17/PPUD-04-17/PP-04-17 / DR -54-17 / F'YUD-05-17/H-02-17 / FPUD-01- 1 81FP-01-1 8 / CU-01-18IPPUD-01-18/PPUD-02-18 / DR -31-18 / F'PUD-13-18/FP-15-18 LETUD-17-18/H)-21- 18. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 22 KAPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: Existing Proposed COMP PLAN ZONING DESIGNATION DESIGNATION Neighborhood Residential No Change North of site Neighborhood Residential South of site Neighborhood Residential East of site Neighborhood Residential West of site Neighborhood Residential R -2 -DA -P (Residential with a development agreement — PUD) No Change A -R (Agriculture - Residential) R -2 -DA -P (Residential with a development agreement — PUD) R -2 -DA -P (Residential with a development agreement — PUD) R -2 -DA -P (Residential with a development agreement — PUD) LAND USE Agricultural Single -Family, Residential Planned Unit Development Two (2) Parcels with Single - Family Residential Dwellings Single -Family Residential Subdivisions (Snoqualmie River Subdivisions No. 1 and No. 2) Proposed Single -Family Residential Subdivision (Snoqualmie Village Subdivision No. 1) Proposed Single -Family Residential Subdivision (Snoqualmie River Subdivision No. 3) G. DESIGN REVIEW OVERLAY DISi'RICT: Not in the DDA, 'I'DA, CEDA or DSDA. H. Si'i'E DATA (overall site associated with the Legacy development shown in italics, platted or proposed for platting): Total Acreage of Site — 37.57 -acres (483.82 -acres) Total Number of Lots — 91 (926 residential) Residential — 82 Commercial — 0 Industrial — 0 Common — 9 (6 -open space, 2 -shared driveway, 1 -future right-of- way) Total Number of Units — 82 Single-family — 82 Duplex — 0 Multi -family — 0 Page 3 of 22 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Total Acreage of Any Out -Parcels — Additional Site Data Dwelling Units Per Gross Acre Minimum Lot Size Minimum Lot Width Minimum Street Frontage Proposed 2.18 -dwelling units per acre (this phase) 1.91 -dwelling units per acre (overall) 7,600 -square feet 58 -feet 0 -feet Total Acreage of Common Area 13.5acres** Open Space Required Up to 2.20 -dwelling units per acre maximum (pursuant to the executed development agreement) 3,800 -square feet 75 -feet 0 -feet (four lots are served by two common driveways) 7.51 -acres (minimum) Percent of Site as Common Area 35.9%** 20% (minimum) Open Space Except that, according to ECC Section 9-3-8 (C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * The required density includes the permitted overall density within the Legacy development. The density of the overall Legacy development to date is 1.91 -dwelling units per acre. The calculation does not include the area of the lots associated with the planter strips, shared driveway, or future Floating Feather R -O -W. ** I. GENERAL SIlE DESIGN FEATURES: Open Space: A total of 13.5 -acres (35.9%) of common area open space is proposed within the planned unit development. The common areas contain a two (2) ponds, landscaped buffer areas located adjacent to North Palmer Lane, North Hamlin Avenue, and the future West Floating Feather Road. The site also contains common lots located adjacent to the streets and corner lots. The residents of the development will also have access to the golf course, tennis courts, soccer fields, swimming pools, tot lots, and other pathways located within the Legacy development. Based on the prior approvals associated with the Legacy development and the subject proposed subdivision, the overall development currently consists of 174.88 -acres (36.15%) of common area open space, of which 58.00 -acres (33.1 °Io) is active open space. Page 4 of 22 K:1Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Storm Drainage and Flood Control: Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. The applicant provided a preliminary plat and development plan, date stamped by the City on June 7, 2019, which contains a plat notes that reference the property lines located adjacent to the public streets have a 12 -foot wide public utility, irrigation, sewer, and lot drainage easements. The preliminary plat and development plan also contain separate plat notes referencing that the interior side lot lines have a 5 -foot wide public utility, irrigation and lot drainage easements, and the rear lot lines have a 12 -foot wide public utility, pressure irrigation, and lot drainage easements respectively. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will be served by the City of Eagle Municipal Water System. On-site Septic System (yes or no) — No Preservation of Existing Natural Features: Staff is not aware of any existing natural features on the site which would be required to be preserved. Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site. If any historical artifacts are discovered during excavation or development of the site, state law requires immediate notification to the state. J. SIREET DESIGN: Public Streets: The preliminary plat, date stamped by the City on June 7, 2019, shows a typical street section with a 63 -foot right-of-way inclusive of a 33 -foot wide roadway section (as measured from back of curb to back of curb) with 2 -foot wide rolled curbing, 8 -foot wide landscaping strips and 5 -foot wide separated sidewalks located on each side of the street. The street section also shows 2 -feet located within the right-of-way between the back of sidewalk and the property line. The typical island street section for the collector shows a 76 -foot right-of-way inclusive of two (2) 23 -foot wide roadway sections (as measured from back of curb to back of curb) with vertical curbing, 8 -foot wide landscaping strips and 5 -foot wide detached sidewalks located on each side of the street. The street section also shows 2 -feet located within the right-of-way between the back of sidewalk and the property line. Applicant's Justification for Private Streets (if proposed): None proposed. Blocks Less Than 500': None. Cul-de-sac Design: None. Page 5 of 22 K:1Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Sidewalks: A detached 5 -foot wide concrete sidewalk is proposed abutting the planter strips located within the proposed right-of-way on both sides of all interior public roadways. A detached 10 -foot wide concrete sidewalk is proposed abutting a planter strip located adjacent to North Palmer Lane. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed adjacent to all streets. Lighting: Lighting for the proposed public streets is required. Location and lighting specifications incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the final plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a final plat application. K. ON AND OF'F-S1'IE PEDESIRJAN/BICYCLE CIRCULATION: Pedestrian Walkways: See Section J, Sidewalks (above). Bike Paths: Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions as part of the public right-of-way or separate easement, as may be specified by the City Council. L. PUBLIC USES PROPOSED: None proposed. M. PUBLIC USES SHOWN ON F'LJTURE ACQUISITIONS MAP: No map currently exists. N. SPECIAL ON-S1'i'E F'EA'I'URES: Areas of Critical Environmental Concern — none Evidence of Erosion — no Fish Habitat — no Floodplain — no Mature Trees — no Riparian Vegetation — no Steep Slopes — no Stream/Creek — no Unique Animal Life — no Unique Plant Life — no Unstable Soils — no Wildlife Habitat — no O. SUMMARY OF REVIhW OF ENVIRONMENTAL ASSESSMEN'I PLAN (IF REQUIRED): Not required P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. Comments which appear to be of special concern are noted below: Page 6 of 22 K:\Planning Dept\Eagle ApplicationsTreliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx City Engineer: All comments within the engineer's letter dated May 13, 2019, are of special concern (attached to the staff report). City Trails and Pathways Superintendent: The Trails and Pathways Superintendent's email dated February 19, 2019, (attached to the staff report) indicated they have no concerns. Ada County Highway District (ACHD) Andeavor Central District Health Department COMPASS (Communities in Motion 2040 Development Review) Eagle Fire Department Eagle Sewer District Idaho Transportation Department Q. LETTERS FROM THE PUBLIC (attached to the staff report): Email correspondence received from Sarah and Paul Hilbig, dated June 27, 2019. R. PROPOSED 'i'IME SCHEDULE FOR THE DEVELOPMEN'I OF THE SIlE: The applicant is proposing to construct the subdivision in one (1) phase. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMEN'I' PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. Page 7 of 22 K:1Planning Dept\Eagle ApplicationsTreliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large - scale PUDs (incorporating 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. THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 6.3 Land Use Designations: The Comprehensive Land Use Map (adopted February 15, 2015), designates this site as the following: Neighborhood Residential Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per acre. B. ZONING CITY CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements: 4. 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 a common lot located between the residential lots within the subdivision and the right of way line of the adjacent roadway. This buffer is required as part of the common area 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 centerline) to the top of the proposed berming/fencing. The required buffer area width, plantings, and fencing are as follows: a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: Q 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 Page 8 of 22 K:1Planning DeptTagle ApplicationsTreliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 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, decorative block wall, 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 decorative block wall, 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 shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted. • Eagle City Code 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. C. SUBDIVISION C11 Y CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. Page 9 of 22 K:1Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx D. DEVELOPMENT AGREEMEN't PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (Development Agreement Third Modification Instrument No. 2018-030159) 3.1 Updated Development Plan. The development of the Owner's Remaining Property shall be generally consistent with the Updated Development Plan attached hereto; provided however it is the intent of this Third Modification to allow flexibility at the time preliminary plats are submitted to the City, so long as the general intent of the Updated Development Plan and the requirements set forth in the Development Agreement, as amended herein, are met. 3.11.3 A 35 foot wide landscape strip along all collector roads on the Owner's Remaining Property, including Palmer Lane, shall include a minimum of five foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. 3.14 Anew north south collector road shall be constructed in lieu of the typical flll frontage road at a minimum distance of 1,000 feet from the right-of-way dedication for State Highway 16. 3.18 Owner shall obtain a license agreement from the ITD and/or the ACHD to allow the right- of-way between the Owner's Remaining Property and the edge of pavement along State Highway 16, Palmer Lane, Linder Road, and Floating Feather Road to be landscaped by the Owner, if such an agreement is approved pursuant to Eagle City Code. E. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on June 7,2019, and the executed development agreement, Ada County Instrument #2018-030159): • The proposed Snoqualmie River Subdivision No. 4 planned unit development is located within the Legacy development. The Legacy development was approved with a development agreement (RZ-13-05) and a planned unit development. The executed development agreement established the maximum density, required setbacks, and design standards for the development. The executed development agreement modification (Instrument No. 2018-030159) contains a Legacy Updated Master Plan (Exhibit "B") with a bubble plan identifying approximate sizing and number of lots within specific areas of the development and park areas. The proposed subdivision is in conformance with the Legacy Updated Development Plan. The proposed subdivision consists of the following lot types: 35 patio lots (5,000 — 8,000 square feet), 45 custom lots (8,000 — 11,999 square feet), and 2 estate lot (12,000 — 16,999 square feet) respectively. • Plat notes #4 and 5 of the preliminary plat and development plan reference the instrument number of the executed development agreement as 2018-030-159. The instrument number associated with the most recent modification of the development agreement is 2018-030159. The applicant should be required to provide a revised preliminary plat and development plan with the development agreement instrument number referenced in plat notes #4 and 5 as Instrument No. 2018-030159. The revised preliminary plat and development plan should be provided prior to submittal of final development plan/final plat applications. • Plat note #14 of the preliminary plan and development plan states, "Domestic water to be provided by the City of Eagle Municipal Water District." The City of Eagle Municipal Water System is not part of a district. The applicant should be required to provide a revised preliminary plat and development plan with plat note #14 revised to state, "Domestic water to be provided by the City of Eagle Municipal Water System." The revised preliminary plat and development plan should be provided prior to submittal of final development plan/final plat applications. Page 10 of 22 KAPlanning DeptTagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx • Plat note #1O of the preliminary plat and development plan states, "Lot 2, Block 4 has a blanket irrigation easement. There is a 12' rear lot irrigation easement." As the plat note is written there is a conflict regarding the irrigation easement. If the lot has a blanket irrigation easement there is no need to reference a 12 -foot rear lot irrigation easement. Also, this lot contains street stormwater drainage facilities. The applicant should be required to provide a revised preliminary plat and development plan with plat note #10 revised to state, "Lot 2, Block 4 has a blanket irrigation and drainage easement." The revised preliminary plat and development plan should be provided prior to submittal of final development plan/final plat applications. • Plat note #16 of the preliminary plat and development plan states, "Direct lot access to W. Palmer Lane, W. Decathlon Street, and N. Hamlin Avenue is prohibited." It should be noted that Palmer Lane runs north and south and has a north designation. The applicant should be required to provide a revised preliminary plat and development plan with plat note #16 revised to state, "Direct lot access to N. Palmer Lane, W. Decathlon Street, and N. Hamlin Avenue is prohibited." The revised preliminary plat and development plan should be provided prior to submittal of final development plan/sinal plat applications. • The Area and Lot Summary information contained on page C1.0 of the preliminary plat and development plan contains incorrect information associated with the area of open space, percentage of open space, and the total number of common lots. One of the common lots is associated with the future right-of-way dedication for the re -alignment of West Floating Feather Road. The applicant should be required to provide a revised preliminary plat and development plan with the Area and Lot Summary information revised to reflect the correct area of open space, percentage of open space, and the total number of common lots. The revised preliminary plat and development plan should be provided prior to submittal of final development plan/final plat applications. • The preliminary plat and development plan shows the locations of the proposed street lights. The preliminary plat and development plan does not show street lights located at the following locations: 1) the intersection of West Decathlon Street, 2) the intersection of West Decathlon Street and North Diadora Avenue, and 3) the corner of North Diadora Avenue and North Palamas Drive. The applicant should be required to provide a revised preliminary plat and development plan identifying one (1) additional street light to be located at each of the following locations: 1) the intersection of West Decathlon Street, 2) the intersection of West Decathlon Street and North Diadora Avenue, and 3) the corner of North Diadora Avenue and North Palamas Drive. The revised preliminary plat and development plan should be provided prior to submittal of final development plan/final plat applications. • This application has a conditional use permit associated with the planned unit development. Pursuant to Idaho Code 67-6512 (d) and Eagle City Code Section 8-7-3-5(D)(6) upon granting of a conditional use permit, conditions may be attached to said permit which may include requiring provisions for on-site and off-site public facilities or services. The Idaho Transportation Department (ITD) provided correspondence, date stamped by the City on June 26, 2019, which indicated that liL) will not be requesting a Traffic Impact Study for full buildout of the Snoqualmie River Subdivision. The correspondence further states, that mitigation for this development will be covered by having the applicant pay $59,177 to ACHD for a road trust deposit to be established on behalf of ITD for future improvements at the SH- 44/Palmer Lane intersection. The applicant should be required to provide a monetary contribution to a road trust deposit as identified in the Idaho Transportation Department correspondence, date stamped by the City on June 26, 2019, or as amended by the Idaho Transportation Department in the future. The road trust deposit money should be paid prior to Page 1 1 of 22 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx the City Clerk signing the final plat. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFI REPORT: Based upon the information provided to date, staff recommends approval of the conditional use permit, preliminary development plan, and preliminary plat with the site specific conditions of approval and standard conditions of approval as provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their recommendation on July 1, 2019, at which time public testimony was taken and the public hearing was closed. B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by no one (not including the applicant/ representative). C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: (Granicus time 01:28:28) Upon closing the public hearing, the Commission discussed during deliberation that: • The project is designed in conformance with the development agreement concept plan. • The City Council should address the issue concerning the amount of money that ITD is requesting to be placed in a road trust for construction improvements at the intersection of SH-44/North Palmer Lane. • The Legacy development is designed well. • Supports the developers of Legacy proposing less density and more open space that what is allowed and/or required within the development agreement. • The West Ada School District is slow to respond to constructing new schools based on the growth the area is experiencing. • It should be noted that the growth occurring outside of the City of Eagle is also affecting our roads. • They have a concern with the number of lots that have a minimum lot width of 75 -feet which is required for lots within the R-2 (Residential) zoning designation. • Allowing for lots less than 75 -feet in width allows for flexibility of design. • The smaller lot dimensions allow for additional open space. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of CU-02-19/PPUD-02-19IPP-02-19 for Snoqualmie River Subdivision No. 4 for White Sturgeon, LLC, with the following staff recommended site specific conditions of approval and standard conditions of approval as provided within their findings of fact and conclusions of law document, dated August 5, 2019. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the application was held before the City Council for their consideration on August 27, 2019, at which time public testimony was taken. The Council continued the public hearing to September 10, 2019, and again on September 24, 2019, to provide the applicant the opportunity to address concerns identified within the l l ll correspondence, date stamped by the City on June 26, 2019. The applications came before the City Council for their action on September 24, 2019, at which time public testimony was taken and the public hearing was closed. Page 12 of 22 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx B. Oral testimony in favor of the applications was presented to the City Council by no one (not including the applicant/ representative). C. Oral testimony in opposition to the applications was presented to the Council by two individuals who indicated the following concerns: • Based on the number of lots shown in the concept plan the proposed preliminary plat shows an additional 25 -buildable lots. • The increase in density will increase the vehicle trips on the roadways. • The increase in density will have a negative impact on the school system. • The ponds which are not accessible by the public are being calculated as open space. • The applicant is using shared driveways to add additional density to the development. • We do not have sufficient roads and schools to address the residential growth in the valley. • The lots are being decreased in size to add more density to the development. • The proposed development is not in conformance with the development agreement. COUNCIL DECISION: The Council voted 3 to 1 (Bastian against) to approve CU-02-19/PPUD-02-19/PP-02-19 for Snoqualmie River Subdivision No. 4 for White Sturgeon, LLC, with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with underline text to be added by the Council and strikethrough text to be deleted by the Council: 1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and subsequent modifications. 2. Comply with all requirements of the City Engineer. 3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat, whichever occurs first. 4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit is required prior to construction of a fence in any of these locations. 5. Provide a revised preliminary plat and development plan with the development agreement instrument number referenced in plat notes #4 and 5 as Instrument No. 2018-030159. The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/sinal plat applications. 6. Provide a revised preliminary plat and development plan with plat note #10 revised to state, "Lot 2, Block 4 has a blanket irrigation and drainage easement." The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/final plat applications. 7. Provide a revised preliminary plat and development plan with plat note #14 revised to state, "Domestic water to be provided by the City of Eagle Municipal Water System." The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/final plat applications. 8. Provide a revised preliminary plat and development plan with plat note #16 revised to state, "Direct lot access to N. Palmer Lane, W. Decathlon Street, and N. Hamlin Avenue is prohibited." The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/final plat applications. Page 13 of 22 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 9. Provide a revised preliminary plat and development plan with the Area and Lot Summary information revised to reflect the correct area of open space, percentage of open space, and the total number of common lots. The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/final plat applications. 10. Provide a revised preliminary plat and development plan identifying one (1) additional street light to be located at each of the following locations: 1) the intersection of West Decathlon Street, 2) the intersection of West Decathlon Street and North Diadora Avenue, and 3) the corner of North Diadora Avenue and North Palamas Drive. The revised preliminary plat and development plan shall be provided prior to submittal of final development plan/final plat applications. 11. The applicant shall provide a copy of the executed "Transportation Mitigation Agreement" between the applicant and H'D. The monetary contribution associated with the "Transportation Mitigation Agreement" shall be paid in to a road trust to be held by the City of Eagle on behalf of lTD prior to the City Clerk signing the first final plat. .. ... stamped the Con June 26, futufe. . .. ; ; ... .. . .. . 12. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3) building elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos, and/or similar amenities (if proposed), 6) design of ponds to be constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the submittal of final development plan/final plat applications. 13. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy development associated with Brahma, LLC. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping. 14. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees will be integrated into the open space areas or private lots (unless approved for removal by the Design Review Board) shall be provided for Design Review Board approval prior to the submittal of a final plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. The applicant shall provide a license agreement from ACRD approving the landscaping located within the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing the ACHD license agreement and associated Ada County instrument number. Page 14 of 22 K:1Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 16. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 17. The submittal of the building permit application to the City for each home within the development shall be accompanied by an approval letter from the Architectural Control Committee (ACC). Building permits applications that do not have an approval letter attached will not be accepted. 18. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application indicating that the Legacy Homeowner's Association is responsible for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Legacy Homeowner's Association 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, in accordance with Eagle City Code, in perpetuity. 19. Snoqualmie River Subdivision No. 4 shall remain under the control of one Homeowners Association. 20. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." 21. All plat notes that are required on the preliminary plat and development plan shall be transferred to the final plat prior to submittal of the final development plan/final plat applications. 22. The applicant shall be required to construct a landscape buffer within Lot 46, Block 12, to be located adjacent to the south side of the future West Floating Feather Road Realignment area (as identified on the preliminary plat and development plan, date stamped by the City on June 7, 2019). The landscape buffer shall be constructed as required pursuant to Eagle City Code Section 8-2A-7(J)(4)(b). The landscape buffer area shall be constructed prior to the City Clerk signing the final plat for the phase located adjacent to the area associated with the West Floating Feather Road Realignment (as identified on the preliminary plat and development plan, date stamped by the City on June 7, 2019). 23. The applicant shall provide a revised preliminary plat and development plan showing the removal of the shared driveways and all buildable lots shall have public street frontage. The revised preliminary plat and development plan shall be provided prior to submittal of the final development plan/sinal plat applications. NOTA:: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. Page 15 of 22 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground tile or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R' s shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal, or drain, used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district, canal company, ditch association, drainage district, drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or drainage entity prior to the City Clerk signing the final plat. Page 16 of 22 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 13. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 14. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat. The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat. c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600 square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.). Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. 16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 18. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Council or Eagle City Parks and Pathways Development Commission for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways Page 17 of 22 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Development Commission prior to approval of the final plat by the City Council. 20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City Council. 21. The applicant shall place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". 22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 24. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by the City Engineer. 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final P lat. 26. Basements in homes in the flood plain are prohibited. 27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 28. Any changes to the plans and specifications upon which this approval is based, other than those required by the above conditions, will require submittal of an application for modification and approval of that application prior to commencing any change. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest submits application to the City of Eagle for a change to the planned use of the subject property. 29. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. 30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 31. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Page 18 of 22 KAPlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx Engineer, and City Clerk. 32. The City's actions on the application does not grant the applicant any appropriation of water or interference with existing water rights. The applicant indemnifies and holds the City harmless for any and all water rights, claims in any way associated with this application. 33. The applicant shall submit cut sheets showing street lighting details for review and approval by the Zoning Administrator prior to the submittal of the final plat. The plans shall show how the streetlights will facilitate the "Dark Sky" concept of lighting. 34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Digline" has performed an inspection of the site shall be submitted prior to the issuance of any building permits for the site. 35. Place a note on the final plat which states in general that surrounding land with farm uses and related activities shall be protected pursuant to the Idaho Right to Farm Act. 36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. CONCLUSIONS OF LAW: 1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit, preliminary development plan, and preliminary plat (CU-02-19IPPUD-02-19/PP-02-19) and based upon the information provided concludes that the proposed development is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because: a. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Snoqualmie River Subdivision No. 4 has been proposed for development in conformance with the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in conformance with the executed development agreement associated with the site; and b. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. The Snoqualmie River Subdivision No. 4 is designed to be harmonious with the Legacy development of which it is a part and designed to be in conformance with the executed development agreement associated with the site; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Snoqualmie River Subdivision No. 4 is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity; and d. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The development is planned for residential, similar to the character of the surrounding area. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Snoqualmie River Subdivision No. 4 will be served by North Palmer Lane (designated as a collector) and an internal street network located within the Legacy development; and Page 19 of 22 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx e. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. All central services are available to be extended to the site, as noted within the letters provided by the agencies having jurisdiction over the site. Development of sewer, water, drainage, streets and other urban services will be provided at the developer's expense. The applicant is required to provide monies to an 111) road trust fund for improvements to the intersection of State Highway 44 and North Palmer Lane; and f. That the development will not create excessive additional requirements at public cost for public facilities and services. All public facilities and services are supplied by the developer and must be approved at the time of installation and before acceptance by the sewer, City of Eagle Water Department, or highway district; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non -PUD proposal. This development plan is part of a larger development plan that is designed with consideration given to open space, ponds, recreational amenities (i.e. golf course, soccer fields, tennis courts, and pedestrian pathways); and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include stub streets to the adjacent parcels which will provide intra - neighborhood connectivity upon development of the adjacent properties. Access to the development will be from North Palmer Lane and eventually the extension of West Floating Feather Road via North Hamlin Avenue. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and i. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. No natural, scenic, or historic features of major importance are known to exist on the site; and That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the comprehensive plan since the plan calls for Neighborhood Residential and will provide a variety of housing types to accommodate residents with varying lifestyle needs; and k. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. The developer has requested approval for a preliminary development plan and conditional use permit as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein and the executed development agreement associated with the site. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and J Page 20 of 22 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. Residential is the only use approved for this development. In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units): m. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. The public services that would be provided to the development include the following: Fire Protection The development is located within the boundaries of the Eagle Fire District. Police Protection The project will be served by the Eagle Police Department. Water Service The project is located within an area that is served by the City of Eagle Municipal Water System. The water infrastructure will be constructed at the developer's expense. Sewer The property is located within the boundaries of the Eagle Sewer District. Prior to the developer installing the required sewer infrastructure the developer will be required to comply with the District requirements. Road Construction The construction of all roads within the development will be completed by the developer. Upon completion, the roads will be dedicated to the Ada County Highway District. Parks and Open Space The development will contain a minimum of 20% of passive and active open space providing the residents a variety of recreation options from which to choose. A pathway will provide the public a safe and efficient way to move through the development. The project will also generate park impact fees to be utilized for the creation of additional parks or add new equipment to existing parks within the City of Eagle. Maintenance The maintenance of any private open space areas will be regulated by Legacy Development Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Snoqualmie River Subdivision No. 4 is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. Page 21 of 22 K:lPlanning Dept\Eagle ApplicationsTreliminary Development Plans\2019\Snoqualmie River Sub No. 4 ccf.docx n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The development will not create excessive additional requirements at public cost for public facilities and services because the facilities and services will be constructed at the expense of the developer as conditioned within the approval. o. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The estimated tax revenue generated to the City of Eagle from the development at build -out is approximately $377,401 /annually (with Homeowner's Exemption). That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development; therefore, the public service providers avoid potential liability and expenses. P. DATED this 8th day of October, 2019 CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho .EAG �``d• ♦ O � O • Q • ATTEST: : u • • • i •,/.\s.c,4) t C)1t1�0Rr •• ^Q'' `PP m ‘„, Sharon K. Bergmann, Eagl Stan Ridgeway, Mayor e City lerk Page 22 of 22 K:APlanning Dept\Eagle Applications\Preliminary Development Plans\2019\Snoqualmie Riper Sub No. 4 cct.docx .'• PRELIMINARY PLAT NOTES . . Z-Ems:N=7Elrasi'FFLE:,!,:c1R.-7,4_:").;476,1:.RNE._,ti,L,L.::42.E.}. REET L GHTs ovER 'THE TWELVE 112) FEET ADJACENT ='11:.RURBItTs'TDIR'EAENTDOR FRONTIING ALONG A PRIVii!TL EN:TIApRREEDcar:LIV/HAEY LOT AS PER EAGLE CITY CODE 9.3 THIS E SEMENT ER6FACED DARIVEWAYS AND WALKWAYS TO EACH LOT .UcrsTRuOTcHmERNIM7F HAR'suATED OR DIMENSIONED, THERE SHALL BEFAiNAGE PE=ENT EASiEsE:APcUBB,LTICT=i1,TEIELRL:IiCEITION AND LOT 0 ▪ ' cu'r1E.:sTsITFH t1=-61FOrpTuTL CI RUTIE=REA;17:El: atisAAN D L 0 T 1' I.FD=AANGBE'LER THE TWELVE 112) FEET ADJACENT TO R . Als.L.r. LOT;AERDC,:LTAHNEDETARGALFcf4E=L0MREDDIFEENDS,,,INsAH1...p.TE 1,:icAARLI:L1 AS Fi EAPPARBOLVED By THERcoE'miDEra°,1xDr,LigiAT. REDCRORDED AS INSDT=ENT 2 MODIFICATION(S), 1,1E3T)-1°87371115.91,1EgORDS OF ADA COUNTY, IDAHO AND ANY SUBSE `6- NG SETBACK LINES SHALL BE IN ACCORDANFCE ,AIITH THE EAGLE. 'C'111;4=LOILDINANCE AT THE TIME OF THE ISSUAsN(;E,C:EvAELBtoilpL=1,1111::: 6 OR AS SPECIFICALLYAAGPRP=ED BY THDE CONDITION NT THIR MODIFICATION RECORDED AS ANy g ITZT:=71:10. 2018-030159, RECORDS OF ADA COUNTY, IDAHO AND 1 lksul;ABYT:sErS,UmEN:TZFmi°1:::I'FIcATZZAILAT LL COMPLY WITH CITY CODE IN EFFECT. 76. -LOT; ;A-TN-D.-Di-6;BI .1.-OCKR°E4F,--L;42,1-TL 46- - .:B`L°NOCK OT , BLOCK 12; AND LOTS 1, 6, AND 0 '.:GE`AL:Yc1C(C:11,A,FUILITY ASSOCIATION,C. OR ITS ASSIGNS. COMMO OT TO BE g1/1.,LED'AND MAINTAINED BY THE 9. L_0°_TT 2,_1' ;11-;: =LB" `17r :RIIITTID:Nv:LD°:ATIAGE EASE=.,TioN ' ILRRIGATION WATER HASDB=ILFL.RD7gEcDDF.RAF?A0;4;yr,HrrysliDDDF,LyETc:EIEK nips,‘TH Lt- • =1;11741:11::::Tc17911Lry,on..174::ATTlirsiii:ToiTicsT6ZWIT. :E ENT -IT -LEI'D TO g IDANIGAD TIONcDDEVVA31T-38ER'R%HLTSTANo iNDIVIDUAL LOTS VVILL PAY ASSESSMENTS.. HRROUGH THE HOMEOINNER'S ASSOCIATION. SEE INSTRUMENT NOS. 10605 AND 107055861. . ,?,,P,TH15:ND -Ervig`,=CTLEL%GlNgalg,'(1). °RD :'(cE 1:,1/4:2cF;JIE,G. Rk3cuFLIT4gYr'AAL § 1,1U.A41cuS.A14.FCL;77711_F. 971_11TT:i)pyr:LTc`..711T1Flil THER= tHONALDLITI::160=UT T. (1, SLJ KM IWNUINU:'NUNAVIRiuuLTuFtAL A,C(TEIZI,TI,t/gTTENREIT0HAS BE., N PERATI. 'FACILITY OR gCONF2NSATENCIT:EDF;. TH7PEARTNOVH:SS:NNcION C?F'T.THTHISE TsrcETI,T0t!ItABLELGZTDARPPLY IA*,1EA1,,/, A CE ESULTS FROMITHE IMPROPER OR NEGLIGENT OPERATION 0 ERE,* isAlLGItAcNuLTURRAL OPERATION, AGRICULTURAL FACILITY ORLEX:A=1:::N.T:TiRicT . 132.. DOMsANIETASTIC WATER TO BE PROVIDED BY THE CITY OF EAGLE MUNICIPAL WATER RY SEWER SERVICE TO BE PROVIDED BY THE EAG E . ~ 8^ DECATHLON AND .1°Al'ER . ^ RA:::=:'s CROSSING A LOT 1St.= . . T‘c.,--,,........ , ..,, , ri.R.,.,.A...,..r.E,, ,I..,:ZsCAFEi RESPEORN=10TcfilAST:N:NSU PAUL AND SARAH HILBIG UNPLATTED REVISED PRELIMINARY PLAT AND DEVELOPMENT PLAN FOR SNOQUALMIE RIVER SUBDIVISION NO. 4 A PORTION OF THE N 1/2 OF THE NW 1/4 OF SECTION 10 AND THE S 1/2 OF THE SW 1/4 OF SECTION 3 TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN ADA COUNTY, IDAHO 2019 0 125 250 ' . DECKER CLINT .^.lit.FAMILY TRUST ' . . 3 1 . 1/4 CO 1RNE? ' .NOQUAIJ.V1IE RIVER PHASE 4,, _ = , .E,i, It . BTHYIANS SUIRBRDIGAIVISTION°NIDISRASU"ABJEGCETENTTO"THE°,7R74S OF ACHD LICENSE AGREEMENT ^ 'Tr,N, :=4=11.1,'RsgjNE. T27EICTILEERDmAsS°1 LRItci=1.:EN: 6 . 1:AL LCDOcNNTHDELZI2D 6sLTDOcRkiNF,Tisi.l':4Ti7RFSsN'ii1 .DTTX IT!CR)E TRSEA R E °i14'4,A:i567ADIEL ,Fii,FF07'"AgrclIT;,U,'NscAosRigf:EFtliTEFF: MAT STACHERD PURSUANT TODSECTION 442302 IDAHO CODE. THE MASTER EASEMENT BY THIS RE;SFE51_,I.RENE.NT_CS,AS IFTPTSZI:=LCZI:JAMT-gT:1 ARE DTEOljATED ISDFOR THE OPERATION AND MAINTENANCE OF THE STORM INATER DRAINAGE 2 STANDARD LEGEND , ..`-''�=�'',.' ' '.~~- FUTURE RIGHT-OF-WAY ~ _ STREET CENTERLINE LI PROPOSED EASEMENT -`^`-~- PROPOSED ROLLED CURB ` '`'~~'-' =0'^'~''^ SS'`'`'� 2_ ~_^~_� SD PROPOSED STORM DRAIN LINE ts PI PROPOSED PRESSURE IRRIGATION LINE IR.~...__~� PROPOSED _�.�- eT. _ -~_ _~~..�' ' EXISTING MINOR CONTOUR i • • • • 2578. - • • 0 '^~`'.^ • .~.~.OUT 14' 4 PROPOSED STORM DRAIN MANHOLE ▪ ~~``'-'~^ PROPOSED SAND AND GREASE TRAP i A PROPOSED FIRE HYDRANT 4,1 PROPOSED DOUBLE WATER SERVICE R . '~^'`-- 0 B.0 -.r..=~ -2 � .�`'�.�=�=� li ..* PROPOSED STREET LIGHT th .�-.� 'g LOT NUMBER 1 1) i . ��'.2 . CALCULATED POINT ;"-) . ' - NOT PART SNOQUALNIIE RIVER NO, 3 / ' '/ . ''�-�-`._-' _ - BELAY'.-` DESCRIPTION TYPE 'ROX LOT SIZE `' 5,000._. 30 FT ~^ `^-. _ 12,000 - 16,999 SF 3305 FF.T. ESTATE i.7.0.0 sF SETBACK TABLE sETBACKS ,2;r3 =F101,41,AT GRiszE Ri0EAFTR ~ FFT . ADD ADDITIONAL FIVE (5) FEET PER STORY SETBACK FOR MULTI -STORY STRUCTURES `�.-_ _-``~___.__.. • • , 'so /:�-.// ' ux '.."- INTERIOR SIDE' STREET SIDE ~ . . . °,FFTT `~.OTS 12.000 - 16,999 SF LOTS --'.- 5,000 - 7,999 SF LOTS ~^'~-~' ...... SHARED/COMMON DRIVEWAY LOT PUBLIC RIGHT OF WAY LOT NORTH OF FLOATING FEATHER TOTAL '`USE-'`' ^''-' ESI --' ' . ' PHASE 0.0096 8 2,6 '~ ~` PHASE 5 ;:72":0":1F. 4.296 ^~ '~ ~~ P E R CZATSAVE 0 F P ER CPENATS231 0 F OPEN SPACE AREA OPEN SPACE AREA '- -`ING. -�..~..' . DRAINAGE SWALE ^' • . ~ VERTICAL CURB AND GUTTER 76' RIGHT-OF-WAY . ~ '-~~^`~'' ~ `~'-'7REAZTEL W MINUS PIT RUN COMPACTED STABLE SUBGRAD ®TYFCALCOLLECTORSTREETSECTION '4NIDIT4ATtlsNciA‘:/ltZ RIGHT-DF-wAv SIDEVVALKI LAND:CAPC- '''''' ROLLED CURB AND '' VICINITY MAP NOT TO SCALE SHEET LIST TABLE ... DESCRIPTION' ... ' ..FINAL`~ C1.2'.~.� . UTILITY PLAN � UTILITY PLAN C1 5 EXISTING CONDITIONS SITE DATA TilrET:R=LLAPLC‘NER �-.� CONTACT: JUSTIN BOISE, ID 83703 'CLITZ3IRF (7, ASZ. UNICIPAL rAMEXRLING, P.E. T-0 ENGINEERS �',�_'�~ --�. '^�'.'.'�..008 EON:NI P L AREA AND LOT SUMMARY �`. :::=4.TA'CICOMMON LOTS L:PTilDil/REOTIF:ItiFEVFVP:EFI7T A E TOTAL LOTS raliESZUrAtrNENTIAL ZONING EXISTING: R -2 -DA -P TIGNL'EmXTLY"EisF) :NEGRIEG:~RESIDENTIAL DENSITY (DulA. ITEr3DEZT'IITY - ~' ~' ~` 15.80AC 21 77 AC 165 77: 79: ` 3601;6,3202o%,.s 92 46 . ' ' � PROPOSED: `- .. '' .. 8,352 SF 8.440 SF 8,265 SF ' 63' RIGHT-OF-WAY - :0.4"":5E!LRIVLE°:::"BIDNE r,-) TYPICAL LOCAL STREET SECTION NOT TO SCALE 63. RIGHT-OF-WAY IAND:CAPET- ItIDELALK LANDING_ g li� ����� � REVISED PRELIMINARY PLAT AND DEVELOPN 711>4• SNOQUALMIE RIVER SUE TITLE SHEET F 62A2)73.7°:15E :1TV1472A- 'NR E 1 lx 1 7 SHTT,ZIEsNc IATVVING IS D^ 10/04/2019 PROJECT: 1804. .`o |