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Findings - PZ - 2013 - CU-03-13/PPUD-03-13/PP-05-13 - Snoqualmie Falls No 4/55 Lot/23.83 Acre BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION ) FOR A CONDITIONAL USE PERMIT, ) PRELIMINARY DEVELOPMENT PLAN, ) AND PRELIMINARY PLAT FOR ) SNOQUALMIE FALLS SUBDIVISION ) NO. 4 FOR HORSESHOE FLATS, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-03-13/PPUD-03-13/PP-05-13 The above-entitled conditional use permit, preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 5, 2013. The Commission, having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Horseshoe Flats, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting a conditional use, preliminary development plan, and preliminary plat approvals for Snoqualmie Falls Subdivision No. 4, a 55-lot(43 buildable and 12 common) residential subdivision. The 23.83-acre planned unit development is generally located south of Floating Feather Road, west of Linder Road at the terminus of West Signature Drive. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, Thursday,May 2, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 12, 2013. C. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application 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 July 15, 2013. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2013. Requests for agencies' reviews were transmitted on June 16, 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on July 26, 2013. 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(A- 09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community. On August 28, 2007, the City Council approved the final development plan and final plat FPUD-01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2. Page 1 of 23 K.\Planning Dept\Eagle Applicalions\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc On September 18, 2007, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD) to the development agreement to provide a time schedule for the build-out of the Academy Core area located within Mosca Seca Subdivision(located within the Legacy Planned Unit Development). On February 19, 2008, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the percentage of allowable second story square footage in relationship to the first floor for homes located on lots less than 8,000-square feet in size, the provisions of private roads, construction flooring material for attached single-family dwellings, and the Memorandum of Agreement regarding the on-site municipal water system. On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for the preliminary plat for Mosca Seca Subdivision (PP-01-06) to be valid until August 25, 2010. On November 9, 2010,the City Council approved an extension of time(EXT-07-10)for the preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2011. On September 13, 2011,the City Council approved an extension of time(EXT-06-11)for the preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25, 2012. On June 26, 2012, the City Council approved a modification to the Conditions of Development and associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed density, modify the open space by removing the requirement to construct the sports academies, and address the condition of development regarding a school site. On August 14, 2012, the City Council approved the final development plan and final plat FPUD-01-12/FP-01-12, for Snoqualmie Falls Subdivision No. 1. On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada County Recorder's office. On January 8, 2013, the City Council approved the final development plan and final plat FPUD-02-12/FP-04-12, for Snoqualmie Falls Subdivision No. 2. On March 21, 2013,the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County Recorder's office. On June 11, 2013, the City Council approved the final development plan and final plat FPUD-02-13/FP-06-13, for Snoqualmie Falls Subdivision No. 3. E. COMPANION APPLICATIONS: All applications are inclusive herein. Page 2 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential Two(up R-2-DA-P(Residential Agricultural to two units/acre) maximum two units/acre with a development agreement and a planned unit development) Proposed No Change No Change Single-Family, Residential Planned Unit Development North of site Residential Two(up R-2-DA-P(Residential Legacy Development to two units/acre) maximum two units/acre (Mosca Seca Subdivision with a development and Snoqualmie Falls agreement and a planned Subdivision No. 2) unit development) South of site Residential Two(up R-2-DA-P(Residential Legacy Development to two units/acre) maximum two units/acre (Mosca Seca Subdivision) with a development agreement and a planned unit development) East of site Residential Two(up R-2-DA-P(Residential Legacy Development to two units/acre) maximum two units/acre (Mosca Seca Subdivision) with a development agreement and a planned unit development) West of site Residential Two(up R-2-DA(Residential Agricultural to two units/acre) maximum two units/acre with a development agreement) G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA, TDA, CEDA or DSDA. H. SITE DATA: Total Acreage of Site—28.83-acres Total Number of Lots—55 Residential—43 Commercial—0 Industrial—0 Common— 12 Total Number of Units- Single-family—43 Duplex—0 Multi-family—0 Page 3 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoe Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 1.78-dwelling units per acre Up to 2.20-dwelling units per acre maximum Minimum Lot Size 11,630-square feet 3,800-square feet Minimum Lot Width 85-feet 75-feet Minimum Street Frontage 30.5-feet 30-feet(lots less than 17,000-square feet in size) Total Acreage of Common Area 10.74-acres 5.77-acres Open Space Percent of Site as Common Area 37.2% 20% (Required pursuant Open Space to the executed development agreement) GENERAL SITE DESIGN FEATURES: Greenbelt Areas and Landscape Screening: The preliminary plat date stamped by the City on June 12, 2013, shows 20-foot wide common lots located adjacent to West Signature Drive. West Signature Drive is designated as a residential collector within the Legacy development. Pursuant to the executed development agreement (Instrument No. 106161990) a 35-foot wide landscape strip is required adjacent to all collector roads on the Property, with a minimum five foot high berm/wall combination with extensive landscaping pursuant to Eagle City Code 8- 2A-7 to provide a buffer. Open Space: A total of 10.74-acres (37.2%) of common area is proposed within the planned unit development. The common area is a combination of large common lots (inclusive of soccer fields, tennis courts, and a future clubhouse and pool), linear pathways, road buffer areas, and street landscape islands. A minimum of 20% open space is required within the Legacy planned unit development. 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&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, 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 Page 4 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoc plat, date stamped by the City on April 17, 2013, which contains separate plat notes that reference the front and rear property lines have a 15-foot wide and 12-foot wide utility easements respectively. The preliminary also contains a separate plat note referencing that the interior side lot lines have a 5-foot wide easement for public utilities, property drainage, and pressurized irrigation. 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: 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. STREET DESIGN: Private or Public Streets: The preliminary plat, date stamped by the City on June 12, 2013, contains a typical street section showing the streets within the development will be a 50-foot wide roadway section with seven-feet (7') of the eight-foot (8') wide planter strip located within the right-of- way. Each lane will be 18-feet wide(measured to back of curb). Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None Cul-de-sac Design: Two(2)cul-de-sacs are proposed for this site: • West Hamm Court: 370-feet in length, 55-foot radius inclusive of planter strip. Travel lane is 40-feet in width from back-of-curb to back-of-curb. • West Stadium Court: 560-feet in length, 55-foot radius inclusive of planter strip. Travel lane is 40-feet in width from back-of-curb to back-of-curb. Sidewalks: A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located outside of the proposed right-of-way on both sides of all interior public roadways. The applicant will be required to construct a 10-foot wide bicycle/pedestrian pathway to be located on the south side of West Signature Drive pursuant to the executed development agreement. Curbs and Gutters: Curbs and gutters which meet Ada County Highway District standards are proposed for the interior streets. Page 5 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc 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 names approved by the Ada County Street Names Committee are shown on the attached correspondence from that committee. K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION: Pedestrian Walkways: (See comments under sidewalks above.) The applicant is proposing to continue the 10-foor wide multi-use pathway along the north side of the Middleton Mill Canal in compliance with the executed development agreement (Instrument No. 106161990). Pedestrian walkways are provided throughout the development through a detached sidewalk system located adjacent to the interior streets. 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 FUTURE ACQUISITIONS MAP:No map currently exists N. SPECIAL ON-SITE FEATURES: 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—unknown Unique Plant Life—unknown Unstable Soils—unknown Wildlife Habitat—unknown O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT 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: City Engineer: All comments within the engineer's letter dated August 1, 2013 are of special concern(attached to the staff report). Page 6 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc Ada County Highway District Central District Health Chevron Pipe Line Company Division of Environmental Quality(DEQ) Eagle Fire Department Eagle Sewer District Idaho Department of Lands Idaho Transportation Department Middleton Irrigation Association, Inc. New Dry Creek Ditch Company Q. LETTERS FROM THE PUBLIC:None received to date. R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision as a single phase. S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. Page 7 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doe 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In cased of large-scale PUDs (incorporating 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. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 6—Land Use 6.3 Land Use Designations The Comprehensive Plan Land Use Map (adopted February 7, 2011), designates this site as the following: Residential Two Suitable primarily for single family residential development within areas that are rural in character. An allowable density of up to 2 units per 1 acre. B. ZONING ORDINANCE 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: Page 8 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc a. Any road designated as an urban or rural collector on the transportation and pathway network plan in the Eagle comprehensive plan: 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, 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. C. SUBDIVISION ORDINANCE 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 9-3-7: Planting Strips and Reserve Strips: Planting strips and reserve strips shall conform to the following standards: A. Planting Strips/Buffer Areas: Planting strips/buffer areas shall be required to be placed next to incompatible features such as highways, railroads, commercial or industrial uses to screen the view from residential properties and to provide noise mitigation for those residents. Such planting strips/buffer areas shall be a minimum of twenty feet (20') wide unless a greater width is required within section 8-2A-7 of this code. The landscape strip/buffer area shall not be a part of the normal street right of way and shall comply with all landscape/buffer area requirements within section 8-2A-7 of this code. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: A. Intent: The placement of pathways is intended to encourage nonmotorized forms of travel, and to provide safe, convenient and aesthetic alternative travel routes to common destinations such as schools,parks, shopping centers,etc. The following factors will be considered in the placement of any pathway: the utility and need for a given pathway, Page 9 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoc impacts to existing neighborhoods, compliance with the transportation/pathway network maps within the comprehensive plan, pathway design as it relates to both crime prevention and function, and the responsibilities of ownership, maintenance, and liability. E. Responsibility: The following provisions are intended to provide guidance to those entities that are responsible for construction,maintenance and/or liability for a pathway. Installation costs,which may include construction of the paved path, are the responsibility of the developer. 1. Homeowners'Association: a. Pathway systems within a proposed subdivision providing access to private common space and/or other amenities that are used solely by the residents of a subdivision shall be the responsibility of the homeowners' association. b. Where the residents of a subdivision will be the primary beneficiaries of a pathway, and travel from adjoining neighborhoods will be minimal, a homeowners'association may be required to take responsibility for that path. • Eagle City Code Section 9-4-1-12: Landscape Buffer Areas: Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the protection of residential properties from streets classified as collectors, arterials, freeways/expressways,waterways, railroad rights of way or other features. Subdivision plats shall show the location of all buffer areas. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: (Original Development Agreement Instrument No. 106161990) 3.11 Applicants shall provide an on-site, tree lined landscape strip along State Highway 16, Linder Road, Floating Feather Road, and the east/west collector and Palmer Lane, which landscape strip shall include a ten foot wide bicycle/pedestrian pathway, as generally depicted on Exhibit I attached hereto and incorporated herein and in Eagle's Comprehensive Plan. The landscaping, including street trees and pathways, shall be reviewed and approved as required by the applicable provisions in the Eagle City Code and as set forth below: 3.11.3 A 35-foot wide landscape strip along all collector roads on the Property, including Palmer Lane, shall include a minimum five foot high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a buffer. (Development Agreement Modification Instrument No. 113024773) 3.4.4 Open Space 3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The application for any preliminary plat shall contain, in addition to all requirements of the Eagle City Code, a land use summary that demonstrates that the number of acres of existing open space, together with the number of acres of open space in the submitted preliminary plat application maintains the minimum 20% open space requirement, pursuant to Eagle City Code. Page 10 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc 3.4.4.2 The Open Space shall include the following: • Ten acres of community park land; • At least one tot lot for each phase depicted on Exhibit A hereto; • Regional trails connecting through the Property, from east to west and north to south; • Both Active and Passive Open Space. A minimum of 60% of the Open Space shall be Active Open Space. Active Open Space shall be defined as areas that provide gathering area for active recreation(e.g. recreational spaces, open fields, swimming pools,tot lots and trails). Passive Open Space shall be defined as neighborhood areas that provide a combination of linear open space and scenic features(e.g. ponds,berms and view corridors); and • Up to five acres of school site can be included as Open Space 3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at the time of the preliminary plat application including such area. 3.4.4.2.2 All Open Space with the exception of that included within school sites shall be maintained by Legacy Community Association,Inc., any successor homeowners or neighborhood associations, or any recreational association established to maintain a particular open space for recreational use, all as more particularly set forth in the Community Charter for Legacy, Instrument No. 108048693, records Ada County, Idaho, and/or the Declaration of Recreational Covenant, Instrument No. 108048694, and any modifications thereto. 3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south and east to west through the Property shall be dedicated to Eagle. The specific location, easement language, design, and construction plans of the pathway shall be approved by the Eagle City Council prior to the City Engineer signing the final plat for the Property. 3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a minimum 20-foot wide easement and contain paved pathways of at least 10-feet in width, and all micro-pathways designed for primary use by the residences of the Property shall be located within a minimum 16-foot wide easement and contain paved pathways of at least 6-feet in width, with all paved pathways being constructed to Eagle's pathway standards_ 3.4.4.3 All open space areas are subject to Eagle's design review process and standards set forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D)Pathway Design. E. DISCUSSION: • The proposed Snoqualmie Falls Subdivision No. 4 is located within the Legacy development(RZ- 13-05) which was approved by the City Council in 2006. The Legacy development was approved with a development agreement and planned unit development process. The executed development agreement and subsequent modifications contain a Concept Plan showing a bubble plan Page 11 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc identifying sizing of lots and minimum lot sizes within specific areas of the development. The development agreement also includes the density, required setbacks, and various design standards for the development. The Legacy development Concept Plan identifies the areas where the proposed subdivision is located designated as Estate and Custom with minimum lots sizes as 12,000+-square feet and 8,000 — 12,000-square feet respectively. The preliminary plat, date stamped by the City on June 12, 2013, shows 43 single-family residential lots ranging in size from 11,630-square feet to 19,794-square feet in size. The average lot size of the proposed lots is 13,313-square feet. The proposed residential density for this project is 1.49-dwelling units per acre. • The preliminary plat, date stamped by the City on June 12, 2013, identifies an area labeled Block 2 located adjacent to West Signature Drive. The lot numbering for the respective block numerically follows the adjacent Block 3 numbering. Due to the design of the subdivision the aforementioned area should be identified as Block 3. The plat note associated with the numbered common/open space lots correctly identifies this area as Block 3. The applicant should provide a revised preliminary plat showing the area located north of West Signature Drive identified as Block 2 to be identified as Block 3. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on June 12,2013, shows 20-foot wide common lots located adjacent to West Signature Drive. Pursuant to the original executed development agreement (Instrument No. 106161990) an east/west collector road is required within the Legacy development. West Signature Drive is considered to be the east/west collector road. Condition of Development #3.11.3 requires that a 35-foot wide landscape strip be constructed adjacent to the collector roads within the property. The condition goes on to state that the landscaped area be completed in conformance to Eagle City Code Section 8-2A-7. The applicant should provide a revised preliminary plat showing all common lots located adjacent to West Signature Drive to be a minimum of 35-feet in width prior to submittal of a design review application. • Condition of Development#3.11, of the original development agreement(Instrument 106161990) requires that a 10-foot wide bicycle/pedestrian pathway be located within the landscape strip located adjacent to the east/west collector(West Signature Drive). The applicant should provide a revised preliminary plat showing a 10-foot wide bicycle/pedestrian pathway located within the 35- foot wide planter strip located on the south side of West Signature Drive. The revised preliminary plat should be provided prior to the submittal of a design review application. • The preliminary plat, date stamped by the City on June 12, 2013, indicates that a resubdivision of a portion of Lot 2, Block 6, Mosca Seca No. 1 is part of the Snoqualmie Falls Subdivision No. 4. The preliminary plat also shows that the area located south of the proposed subdivision is unplatted. The remaining portion of Lot 2, Block 6, Mosca Seca Subdivision No. 1, is located south of the proposed Snoqualmie Falls Subdivision No. 4 and is platted. The applicant should provide a revised preliminary plat showing Lot 2, Block 6, Mosca Seca Subdivision No. 1 to be resubdivided in its entirety. The revised preliminary plat should contain a plat note indicating that the remaining portion of Lot 2, Block 6, will be developed in the future. The revised preliminary plat should be provided prior to submittal of a final plat application. • The preliminary plat, date stamped by the City on June 12, 2013, shows Lots 26 and 44, Block 2, and Lot 2, Block 6, having frontage to West Signature Drive. Pursuant to Condition of Development 3.11.3, a 35-foot wide landscape strip is required adjacent to all collector roads. As previously mentioned West Signature Drive is designated as the east/west collector within the Legacy development; therefore no residential lots should have direct access to West Signature Drive due to the required 35-foot wide landscape strip. The applicant should provide a revised preliminary plat showing Lots 26 and 44, Block 2, and Lot 2, Block 6, to be removed. The Page 12 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pz£doc applicant should be required to place a plat note on the final plat indicating that vehicular access to residential lots located adjacent to West Signature Drive is prohibited unless specifically allowed by Ada County Highway District and the City of Eagle. The revised preliminary plat should be provided prior to the submittal of a final plat application. • The preliminary plat, date stamped by the City on June 12, 2013, shows the lot numbering of Block 3 to be a continuation of the lot numbering of the proposed Snoqualmie Falls Subdivision No. 2, Block 3. The lot numbering of Block No. 4 appears to match the lot numbering of Block 3 but is not numerically in order with the adjacent lots located within Block 4 of Snoqualmie Falls Subdivision No. 2. The applicant should provide a revised preliminary plat showing Block 4 to be sequentially numbered in alignment with Block 4 of Snoqualmie Falls Subdivision No. 2. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #1 of the preliminary plat, date stamped by the City on June 12, 2013, indicates that the sanitary sewer service is to be provided by extension of the Eagle City sewer system. Sanitary sewer service in the City of Eagle is provided by the Eagle Sewer District. The applicant should provide a revised preliminary plat with plat note #1 revised to read, "Sanitary sewer service to be provided by extension of the Eagle Sewer District sewer system", the revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #2 of the preliminary plat, date stamped by the City on June 12, 2013, indicates that the domestic water is to be provided by extension of Eagle City water system. The applicant should provide a revised preliminary plat with plat note #2 revised to read, "Domestic water to be provided by extension of the City of Eagle Municipal Water System", the revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #6 of the preliminary plat date stamped by the City on June 12, 2013, indicates the subdivision is subject to the terms of the development agreements and references the respective instrument numbers. The applicant should provide a revised preliminary plat with plat note #6 revised to read, "The subdivision is subject to the terms of the development agreement recorded as Instrument #106161990, records of Ada County, Idaho, and any subsequent modifications of the development agreement. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #8 of the preliminary plat date stamped by the City on June 12, 2013, indicates that the setbacks and dimensional standards shall be in compliance with the applicable zoning regulations or as otherwise approved in the development agreement. The applicant should provide a revised preliminary plat with plat note#8 revised to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Eagle or as otherwise approved in the development agreement recorded as Instrument #106161990, records of Ada County, Idaho, or any subsequent modifications of the development agreement. The revised preliminary plat should be provided prior to submittal of a final plat application. • Plat note #9 of the preliminary plat date stamped by the City on June 12, 2013, identifies the common/open space lots within the subdivision. As previously discussed Block 4 is required to be renumbered. The applicant should provide a revised preliminary plat indicating the revised lot number of the common/open space lot in Block 4. The revised preliminary plat should be provided prior to submittal of a final plat application. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Based upon the information provided staff recommends approval of the requested conditional use permit, preliminary development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 4 with the site specific conditions of approval and standard conditions of approval, all as provided within the staff report. Page 13 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 5, 2013. The Commission made their recommendation at that time. B. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by no one(other than the applicant/representative). C. Oral testimony in opposition to this proposal was presented to the City Council by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The development is in conformance with the Comprehensive Plan and the executed development agreement based on the proposed density. • The lot located within Mosca Seca Subdivision No. 1 (Lot 6, Block 2) that is being partially subdivided with this subdivision should be replatted in its entirety so a remnant parcel is not created with the platting of Snoqualmie Falls Subdivision No. 4. • The 35-foot buffer area to be located adjacent to West Signature Drive is required pursuant to the executed development agreement. • They were in support of the staff recommended conditions of approval to move the application forward. COMMISSION DECISION REGARDING THE PLANNED UNIT DEVELOPMENT AND PRELIMINARY PLAT: The Commission voted 3 to 0 (Roehling and Tanner absent) to recommend approval of the Snoqualmie Falls Subdivision No. 4 (CU-03-13/PPUD-03-13/PP-05-13) for Horseshoe Flats, LLC, with the following staff recommended site specific and standard conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 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 outstanding Engineering and Legal fees incurred by the City in obtaining a review of this project upon receipt of an invoice(s) by the City prior to the submittal of a final plat application. (ECC 9-2-3 [C] [3] [1]) 4. The applicant shall provide a revised preliminary plat showing the area located north of West Signature Drive identified as Block 2 to be identified as Block 3. The revised preliminary plat shall be provided prior to submittal of a final plat application. 5. The applicant shall provide a revised preliminary plat showing all common lots located adjacent to West Signature Drive to be a minimum of 35-feet in width prior to submittal of a design review application. 6. The applicant shall provide a revised preliminary plat showing a 10-foot wide bicycle/pedestrian pathway located within the 35-foot wide planter strip located on the south side of West Signature Drive. The revised preliminary plat shall be provided prior to the submittal of a design review application. 7. The applicant shall provide a revised preliminary plat showing Lot 2, Block 6, Mosca Seca Subdivision No. 1 to be resubdivided in its entirety. The revised preliminary plat shall contain a plat note indicating that the remaining portion of Lot 2, Block 6, will be developed in the Page 14 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc future. The revised preliminary plat shall be provided prior to submittal of a final plat application. 8. The applicant shall provide a revised preliminary plat showing Lots 26 and 44, Block 2, and Lot 2, Block 6, to be removed. The applicant shall be required to place a plat note on the final plat indicating that vehicular access to residential lots located adjacent to West Signature Drive is prohibited unless specifically allowed by Ada County Highway District and the City of Eagle. The revised preliminary plat shall be provided prior to the submittal of a final plat application. 9. The applicant shall provide a revised preliminary plat showing Block 4 to be sequentially numbered in alignment with Block 4 of Snoqualmie Falls Subdivision No. 2. The revised preliminary plat shall be provided prior to submittal of a final plat application. 10. The applicant shall provide a revised preliminary plat with plat note #1 revised to read, "Sanitary sewer service to be provided by extension of the Eagle Sewer District sewer system" the revised preliminary plat shall be provided prior to submittal of a final plat application. 11. The applicant shall provide a revised preliminary plat with plat note #2 revised to read, "Domestic water to be provided by extension of the City of Eagle Municipal Water System", the revised preliminary plat shall be provided prior to submittal of a final plat application. 12. The applicant shall provide a revised preliminary plat with plat note #6 revised to read, "The subdivision is subject to the terms of the development agreement recorded as Instrument #106161990, records of Ada County, Idaho, and any subsequent modifications of the development agreement. The revised preliminary plat shall be provided prior to submittal of a final plat application. 13. The applicant shall provide a revised preliminary plat with plat note #8 revised to read, "Building setbacks and dimensional standards in this subdivision shall be in compliance with the applicable zoning regulations of the City of Eagle or as otherwise approved in the development agreement recorded as Instrument#106161990,records of Ada County,Idaho, or any subsequent modifications of the development agreement. The revised preliminary plat shall be provided prior to submittal of a final plat application. 14. The applicant shall provide a revised preliminary plat indicating the revised lot number of the common/open space lot located in Block 4. The revised preliminary plat should be provided prior to submittal of a final plat application. 15. 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 in an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of all landscape and irrigation improvements shall be provided to the City. (ECC 8-2A-7) 16. 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 Page 15 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc Design Review Board's direction) to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 17. The Snoqualmie Falls Subdivision No. 4 shall remain under the control of one Homeowners Association. (ECC 9-3-4 [D][4]) 18. The applicant shall place a note on the final plat that the pressurized irrigation system and all common lots are to be owned and maintained by the Homeowner's Association. (ECC 9-4-1-9 [C]) 19. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain the pressurized irrigation system and all common landscape areas in the subdivision are maintained in a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs and trees in perpetuity. NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of Approval contained herein the Site Specific Condition of Approval shall control. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat(I.C. Title 50, Chapter 13 and I.C. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service,prior to the City Engineer signing the final plat. 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home or shall have their sewer drainage system designed with a stub at the house front to allow for future connection to a public sewer system. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(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. Page 16 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc 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. 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. Page 17 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc 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 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. 20. 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. 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. Page 18 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoc 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 plat. 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 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. Page 19 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzfdoc 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. A Neighborhood Meeting was held at Eagle City Hall(Freedom Room) at 6:00 PM, Thursday, May 2, 2013, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on June 12,2013. 2. Notice of Public Hearing on the application 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 July 15, 2013. Notice of this public hearing was mailed to property owners within three- hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on July 15, 2013. Requests for agencies' reviews were transmitted on June 16. 2013, in accordance with the requirements of the Eagle City Code. The site was posted in accordance with the Eagle City Code on July 26, 2013. 3. The Commission reviewed the particular facts and circumstances of this proposed rezone, conditional use permit, preliminary development plan, and preliminary plat (CU-03-13/PPUD-03-13/PP-05-13) 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 Falls 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 Falls 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 Falls 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 Falls Subdivision No. 4 will be served by West Signature Drive which is designated as the east/west collector located within the Legacy development; and Page 20 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf.doc 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; 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. The development plan was designed with consideration given to usable open space 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 West Signature Drive. The design and construction of the roadways and entrances is guided by the Ada County Highway District; and 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 j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the Comprehensive Plan since the Plan calls for Residential Two(up to two(2)units per acre)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. This application requests 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 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. Page 21 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc 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 greenbelt 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 Falls Subdivision No. 4 is located within the Joint School District No. 2 district boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. n. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 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. Page 22 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc The estimated tax revenue generated to the City of Eagle from the development at build-out is approximately$13,000/annually(with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. Because the developer provides the services in the initial stages of development the public service providers avoid potential liability and expenses. DATED this 19th day of August, 2013 PLA ► " A' l ZONING,O)NWSSION OF " HE CITY OF EAGLE • a County, L. o .............„ David Aizpi arte, ai / .s'[o OF EA o!�z w • ....... ��• �0RA7-7a•• ATTEST: �; �s ; E. • •N”•I w haron' . Bergmann, Eagle City Clerk • . ' 'I_ .J `••••a��\Yid••\":"�dd -''104 11311010% Page 23 of 23 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2013\Snoqualmie Falls Sub No.4 pzf doc