Findings - CC - 2013 - CU-03-13/PPUD-03-13/PP-05-13 - Snoqualmie Falls Subd #4/55 Lot/23.83 Acre BEFORE THE EAGLE CITY COUNCIL
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 City Council for their action on September 10, 2013. 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:
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.
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 26, 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 August 26,
2013. The site was posted in accordance with the Eagle City Code on August 30,2013.
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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.
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.
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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.
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
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Industrial—0
Common— 12
Total Number of Units-
Single-family—43
Duplex—0
Multi-family—0
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
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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, 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.
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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).
Ada County Highway District
Central District Health
Chevron Pipe Line Company
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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.
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.
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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:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
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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,
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.
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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.
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;
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• 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
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
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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
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
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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.
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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, as provided within their findings of fact and conclusions of law document, dated August 19,
2013.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on September 10, 2013, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
B. Oral testimony in favor of this proposal was presented to the City Council 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.
D. Oral testimony neither in favor nor against the proposal was presented to the City Council by one (1)
person who inquired about the following; 1) if this development was part of the Legacy development,
2) would the large pond be utilized for fire suppression, 3) what are the house styles, and 4) discussed
the proposed pathway adjacent to the canal.
COUNCIL DECISION:
The Council voted 3 to 0 (Pierce absent) Snoqualmie Falls Subdivision No. 4 (CU-03-13/PPUD-
03-13/PP-05-13) for Horseshoe Flats, LLC, with the following Planning and Zoning Commission
recommended site specific and standard conditions of approval with strike through text to be
deleted by the Council and underline text to be added by the Council:
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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 or if the pathway is approved to be located within the Middleton
Mill Canal easement this area shall be the preferred location. The 35-foot buffer wide planter
strip buffer shall not be required on the three (3) lots that take direct access to 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
future. The revised preliminary plat shall be provided prior to submittal of a final plat
application.
8. h° pl' nt shall - -- . - ' -- - •• . . - •-_ Lots 26 and 44, Block 2, and
Lot 2, Block 6, shall be required to contain a hammerhead, snoopy, circular, or other style
driveway to allow vehicles to enter West Signature Drive in a forward motion. te-be-Femeved,
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
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
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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
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.
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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.
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.
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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.
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
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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.
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
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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.
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.
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 26,
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 August 26, 2013. The site was posted in accordance with the Eagle City Code
on August 30, 2013.
3. The Council 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:
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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
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.
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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
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.
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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.
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.
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DATED this 24th day of September, 2013
CITY COUNCIL
p.uunr.
OF THE CITY OF EAGLE ,•.••'.cf G4 ,•••,
• County,Idaho 4d px..•••••• '••
1 4r44‘1 14,/i',
a -s D. Reynolds, Mayor ••u u ♦• P~ Q
ATTEST: ,•.'•4t f n ui/03. 44.'••x:
%, STATE OF
ofeemessOs-
Sharon . Bergmann, Eagle City lerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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