Findings - 2020 - CU-09-19/PPUD-06-19/PP-09-19 - Snoqualmie Falls Subd No 15BEFORE 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. 15 FOR RED BUTTE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-09-19/PPUD-06-19/PP-09-19
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle City Council for their consideration on June 14, 2020. The applications were
continued to July 28, 2020, and August 25, 2020, at which time public testimony was taken and the public
hearing was closed. The Council, having heard and taken oral and written testimony, and having duly
considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Red Butte, LLC, represented by David Sterling, P.E., with T-O Engineers, is requesting conditional
use permit, preliminary development plan, and preliminary plat approvals for Snoqualmie Falls
Subdivision No. 15, a 94-lot (77-buildable, 17-common) residential planned unit development. A
portion of the site (approximately 33-acres) is located at the southeast corner of North Palmer Lane
and West Floating Feather Road. The remaining portion of the site (approximately 9.85-acres) is
located on the north side of West Floating Feather Road approximately 790-feet west of the
intersection of North Arena Avenue and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Thursday, December 5, 2019,
in compliance with the application submittal requirement of Eagle City Code. The applications for
this item were received by the City of Eagle on December 31, 2019. A revised preliminary plat and
development plan were provided to the City on February 25, 2020. A revised phasing plan was
provided to the City on April 1, 2020.
C. NOTICE OF PUBLIC HEARING:
Requests for agencies' reviews were transmitted on January 7, 2020, in accordance with the
requirements of the Eagle City Code. Notice of Public Hearing on the applications for the Eagle
Planning and Zoning Commission was published in accordance with the requirements of Title 67,
Chapter 65, Idaho Code and the Eagle City Code on May 15, 2020. Notice of this public hearing
was mailed to property owners within 500-feet of the subject property in accordance with the
requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on May 12, 2020. The site
was posted in accordance with the Eagle City Code May 20, 2020.
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 June 26,
2020. Notice of this public hearing was mailed to property owners within 500-feet of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City
Code on June 26, 2020. The site was posted in accordance with the Eagle City Code on July 1,
2020.
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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 for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On September 24, 2019, the City Council approved a preliminary development plan and
preliminary plat for Snoqualmie River Subdivision No. 4 (CU-02-19/PPUD-02-19/PP-02-19).
For additional property history see: RZ-13-05 MOD /RZ-13-05 MOD2 /RZ-13-05 MOD3 /DR-
64-06 / DR-64-06 MOD2 / FPUD-01-07/FP-01-07 /FP-02-07 /FPUD-01-12/FP-01-12 / FPUD-
02-12/FP-04-12 /FPUD-02-13/FP-06-13 / CU-08-13/PPUD-07-13/PP-12-13 / DR-07-14 /
FPUD-05-13/FP-14-13 / CU-06-14/PPUD-03-14/PP-09-14 / FPUD-04-15/FP-05-15 / FP UD-
05-15/FP-06-15 / FPUD-06-15/FP-09-15 / DR-68-13 / DR-68-13 MOD / DR-68-13 MOD2 / DR-
06-15 / DR-06-15 MOD / DR-06-15 MOD3 / DR-06-15 MOD4 / EXT-12-09 / EXT-07-10 / EX -
06-11 / CU-06-17/PPUD-03-17/PP-03-17 / DR-44-17 / DR-45-17 / RZ-13-05 MOD4 / FPUD-04-
17/FP-18-17 / CU-08-17/PPUD-04-17/PP-04-17 / DR-54-17 / FPUD-05-17/FP-02-17 / FPUD-
01-18/FP-01-18 / CU-01-18/PPUD-01-18/PPUD-02-18 / DR-31-18 / FPUD-11-18/FP-13-18 /
FPUD-13-18/FP-15-18 /FPUD-15-18/FP19-18 /FPUD-16-18/FP-20-18 /RZ-13-05 MODS /
FPUD-17-18/FP-21-18 / CU-05-18/PPUD-03-18/PP-09-18 / FPUD-06-19/FP-08-19 / FP UD-
07-19/FP-09-19/ FPUD-08-19/FP-12-19.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Neighborhood
Residential
Proposed No Change
North of site Neighborhood
Residential
South of site Neighborhood
Residential
East of site Neighborhood
Residential
West of site Neighborhood
Residential
R-2-DA-P (Residential
with a development
agreement — PUD)
No Change
R-2-DA (Residential
with a development
agreement)
R-2-DA-P (Residential
with a development
agreement — PUD)
R-2-DA-P (Residential
with a development
agreement — PUD) and
R-3-DA-P (Residential
with a development
agreement — PUD)
A-R (Agricultural -
Residential) and R-2-
DA-P (Residential with
a development
agreement — PUD)
Agricultural
Single -Family, Residential
Planned Unit Development
Agricultural
Single -Family Residential
Subdivisions (Snoqualmie
Falls Subdivisions No. 5,
No.8, No. 9, Snoqualmie
Village No. 1, and the
proposed Snoqualmie
Village No. 2)
Single -Family Residential
Subdivisions (Snoqualmie
Falls Subdivision No. 3
and Tannebaum
Subdivision No. 1)
Single -Family Residence
and Proposed Snoqualmie
River Subdivision No. 4
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA (overall site associated with the Legacy development shown in italics, platted or
proposed for platting):
Total Acreage of Site — 42.85-acres (612.53-acres)
Total Number of Lots — 94 (1,122 residential)
Residential — 77
Commercial — 0
Industrial — 0
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Common — 17 (16-open space, 1-shared driveway)
Total Number of Units — 77
Single-family — 77
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Proposed
1.80-dwelling units per acre
(this phase)
1.83-dwelling units per acre
(overall)
6,542-square feet
66-feet
0-feet
Total Acreage of Common Area 18.84-acres* *
Open Space
Required
Up to 2.20-dwelling units
per acre maximum
(pursuant to the executed
development agreement) *
3,800-square feet
75-feet
0-feet (one lot is served
by a common driveway)
8.57-acres (minimum)
Percent of Site as Common Area 43.9%** 20% (minimum)
Open Space
* The required density includes the permitted overall density within the Legacy development.
** The calculation does not include the area of the lots associated with the planter strips, shared driveway,
or future North Palmer Lane and West Floating Feather R-O-W.
I. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat and development plan, date stamped by the City on February 25, 2020, shows
the portion of the common lot located adjacent to North Palmer Lane to be a minimum of 60-feet
in width. The typical street section (half -section) for North Palmer Lane shows a maximum 8-foot
high berm located within the common lot. The preliminary plat and development plan show the
common lots located along both sides of West Floating Feather Road to be a minimum of 65-feet
in width with a 12-foot wide sidewalk easement located within the common lot. The typical street
section (half -section) for West Floating Feather Road shows a maximum 8-foot high berm located
within the common lot.
Open Space:
A total of 16.95-acres (39.5%) of common area open space (17-common lots) is proposed within
the planned unit development. The common lot located north of West Floating Feather Road along
the east property line of the development is proposed to contain a 10-foot wide public pathway.
The common areas contain four (4) storm drain ponds and landscaped buffer areas located adjacent
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to North Palmer Lane and West Floating Feather Road. The site also contains common lots located
adjacent to the streets and corner lots. The residents of the development will also have access to the
golf course, tennis courts, soccer fields, swimming pools, tot lots, ponds, and other pathways
located within the Legacy development. Based on the prior approvals associated with the Legacy
development and the subject proposed subdivision, the overall development currently consists of
212.37-acres (34.67%) of common area open space, of which 60.62-acres (28.5%) is active open
space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development. The applicant provided a preliminary plat and development plan, date
stamped by the City on February 25, 2020, which contains a plat note that reference the property
lines located adjacent to the public streets have a 12-foot wide public utility, irrigation, sewer, and
lot drainage easements. The preliminary plat and development plan also contain separate plat notes
referencing that the interior side lot lines have a 5-foot wide public utility, irrigation and lot
drainage easements, and the rear lot lines have a 12-foot wide public utility, pressure irrigation, and
lot drainage easements respectively.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by the City of Eagle Municipal Water System.
On -site Septic System (yes or no) — No
Preservation of Existing Natural Features:
The site contains mature trees located along the irrigation canal which runs from north to south
through the property.
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:
Public Streets:
As shown on the preliminary plat and development plan, date stamped by the City on February 25,
2020, the subdivision will be served by public streets. The proposed public streets have been
reviewed and approved by Ada County Highway District as conditioned within their report, date
stamped by the City on March 19, 2020.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None.
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Cul-de-sac Design:
One (1) cul-de-sac is proposed:
West Piaffe Court: 500-feet in length, 60-foot radius.
Sidewalks:
A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips located within the
proposed right-of-way on both sides of all interior public roadways. A detached 10-foot wide
concrete sidewalk is proposed abutting the planter strips located adjacent to North Palmer Lane and
West Floating Feather Road.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed adjacent to all
streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF -SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways:
Page C1.4 of the preliminary plat and development plan, date stamped by the City on February 25,
2020, shows a 10-foot wide sidewalk located along North Palmer Lane and on both sides of West
Floating Feather Road. There is also a 10-foot wide pedestrian public pathway proposed north of
West Floating Feather Road located within a common lot located adjacent to the east boundary of
the subdivision.
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 — yes — located along the irrigation ditch
Riparian Vegetation — yes — located along the irrigation ditch
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
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Unstable Soils — no
Wildlife Habitat — yes — within the trees along the irrigation ditch
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 January 21, 2020, are of special
concern (attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated March 17, 2020, are of special concern (attached to the staff report).
Ada County Highway District (ACHD)
Ballentyne Ditch Company
Central District Health Department
COMPASS (Communities in Motion 2040 Development Review)
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Marathon Pipeline
New Dry Creek Ditch Company
Sawtooth Law Office, PLLC
U.S. Army Corp of Engineers
West Ada School District
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from the Syringa Owner's Association, date stamped by the City on May
19, 2020
Correspondence received from Roger Foster, date stamped by the City on May 20, 2020
Correspondence received from Rick Gilmore, date stamped by the City on May 26, 2020
Correspondence received from Agnes Varon, date stamped by the City on May 28, 2020
Email received from Pam Reynolds, dated May 29,2020
Correspondence received from the Syringa Owners Association, date stamped by the City on July
6, 2020
Correspondence received from the Syringa Homeowners, date stamped by the City on July 6,
2020
PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The revised subdivision phasing plan, date stamped by the City on April 1, 2020, shows the
subdivision will be constructed in three (3) separate phases. The timing of.the phasing (as shown
on phasing plan) is as follows:
Phase 15 — Start fall of 2020 and finish fall of 2021
Phase 16 — Start fall of 2020 and finish fall of 2022
Phase 17 — Start fall of 2021 and finish fall of 2023
R. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
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2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
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.
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 case 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.
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THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted November 15, 2017), designates this site as the
following:
Neighborhood Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
B. ZONING CITY CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (C): Landscape and Buffer Area Requirements:
2. Removal And Replacement Of Existing Trees:
a. Where trees are approved by the city to be removed, replacement with a species
identified in section 8-2A-7Q of this article is required. For each caliper inch of
deciduous tree removed, an equivalent amount of caliper inches shall be replanted. For
each vertical foot of coniferous tree removed, an equivalent amount of vertical feet
shall be replanted.
Example: An eight inch (8") caliper deciduous tree is removed, an acceptable
replacement would be four (4) two inch (2") caliper deciduous trees. A twelve foot
(12') tall coniferous tree is removed, an acceptable replacement would be two (2) six
feet (6') tall coniferous trees.
c. Unless it is determined by the city that replacement is necessary to preserve and/or
restore riparian and wildlife habitat, removal of the following trees shall not otherwise
require replacement: black locust, poplar, cottonwood, willow, tree of heaven, elm, and
silver maple. Trees which are weak wooded, weak branched, suckering, damaged,
diseased, insect infested, or containing similar maladies may be exempt from
replacement if removal is first approved by the city.
• 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 a collector on the master street typologies map 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.
b. Any road designated as a minor arterial on the master street map typologies map in the
Eagle comprehensive plan:
A minimum of fifty feet (50') 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:
five (5) shade trees, eight (8) evergreen trees, three (3) flowering/ornamental 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 CITY CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1: Streets and Alleys: Location and Design:
J. Driveways: Driveways which provide access to no more than two (2) lots shall be allowed
within any subdivision provided at least one (1) of the lots has the minimum street frontage
required in section 8-2-4 of this code.
• 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.
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• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all comer
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-5: Streetlights:
All subdividers within the city limits shall be required to install, at the subdividers' expense,
streetlights in accordance with city specifications and standards at locations designated by the
administrator. After inspection and confirmation of installation and operation by the
administrator, the subdivider (and subsequent homeowners' association) shall assume
ownership of the streetlights and shall pay the cost of maintenance and power in perpetuity.
D. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on
February 25, 2020, and the executed development agreement, Ada County Instrument #2018-
030159):
• The proposed Snoqualmie Falls Subdivision No. 15 planned unit development is located within
the Legacy development. The Legacy development was approved with a development
agreement (RZ-13-05) and a planned unit development. The executed development agreement
established the maximum density, required setbacks, and design standards for the development.
The executed development agreement modification (Instrument No. 2018-030159) contains a
Legacy Updated Master Plan (Exhibit "B") with a bubble plan identifying approximate sizing
and number of lots within specific areas of the development and park areas. The proposed
subdivision is in conformance with the Legacy Updated Development Plan. The Legacy
Updated Development Plan identifies the area north of West Floating Feather Road may have
up to 22 custom lots (8,000 —11,999 square feet) or up to 32 patio lots (5,000 — 8,000 square
feet). The Legacy Updated Development Plan identifies the area south of the West Floating
Feather Road may have up to 50 custom lots (8,000 —11,999 square feet) or up to 65 patio lots
(5,000 — 8,000 square feet). The proposed subdivision consists of the following lot types: 30
patio lots (5,000 — 8,000 square feet), 42 custom lots (8,000 —11,999 square feet), and 5 estate
lots (12,000 square feet or larger) respectively. As proposed, the number of lots and density of
the proposed subdivision is in conformance with the executed development agreement.
• Plat notes #3 of the preliminary plat and development plan states, "Unless otherwise designated
or dimensioned, there shall be a permanent easement for public utilities, pressure irrigation and
lot drainage over the twelve (12) feet adjacent to rear lot lines."
The subdivision is proposed with 30-patio lots. Pursuant to the executed development
agreement, the rear setback associated with Patio home lots is 10-feet. Based on the allowed
setback, homes may encroach into the rear easement. The applicant should provide a revised
preliminary plat and development plan with plat note #3 revised to state, "Unless otherwise
designated or dimensioned, there shall be a permanent easement for public utilities, pressure
irrigation and lot drainage over the ten (10) feet adjacent to rear lot lines." The revised
preliminary plat and development plan should be provided prior to submittal of final
development plan and final plat applications.
• Plat note #4 of the preliminary plat and development plan states, "All lot, parcel and tract sizes
shall meet dimensional standards as established in the Eagle Zoning Ordinance or as
specifically approved by the conditions of development for within the development agreement
third modification recorded as instrument No. 2018-030159, records of Ada County, Idaho and
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any subsequent modification(s)."
The plat note contains the word "for" after the reference to conditions of development. The
word "for" should be removed. The applicant should provide a revised preliminary plat and
development with plat note #4 revised to state, "All lot, parcel and tract sizes shall meet
dimensional standards as established in the Eagle Zoning Ordinance or as specifically approved
by the conditions of development within the development agreement third modification
recorded as instrument No. 2018-030159, records of Ada County, Idaho and any subsequent
modification(s)." The revised preliminary plat and development plan should be provided prior
to submittal of final development plan and final plat applications.
• Plat note #7 of the preliminary plat and development plan identifies the common lots,
ownership of common lots, and responsibility of maintenance. Although plat notes #1-3,
identifies easement locations within the subdivision (based on front, side, and rear lot lines),
there is a conflict regarding pressurized irrigation lines located outside of the referenced
easement areas within the common lots. Also, three (3) of the lots contain street stormwater
drainage facilities. If the common lots had blanket easements it would allow for public utilities,
drainage, and irrigation to be located anywhere within the common lots. The applicant should
be required to provide a revised preliminary plat and development plan with a new plat note
which states, "Lots 1, 6, and 14, Block 1; Lots 8, 12, and 17, Block 2; Lots 18, 46, and 48,
Block 4; Lots 9 and 10, Block 5; Lot 1, Block 6; Lots 3, 4, 10, 11, and 12, Block 20, shall have
blanket public utility, drainage, and irrigation easements located across the entirety of the
common lots. The revised preliminary plat and development plan should be provided prior to
submittal of final development plan/final plat applications.
• The preliminary plat and development plan shows the locations of the proposed streetlights.
The preliminary plat and development plan do not show streetlights located on the south side
of West Floating Feather Road at the intersections with North Lake Placid Avenue and North
Moscow Avenue. There are also areas where additional streetlights will be needed based on
the length of the streets and locations of the streetlights as shown on the preliminary plat and
development plan. The applicant should be required to provide a revised preliminary plat and
development plan showing additional streetlights at the following locations: 1) the south side
of West Floating Feather Road at the intersection of North Lake Placid Avenue, 2) the south
side of West Floating Feather Road at the intersection of North Moscow Avenue, 3) West Piaffe
Street at the curve located between North Moscow Avenue and North Alidade Avenue, 4) West
Piaffe Court halfway between North Alidade Avenue and the terminus of the West Piaffe Court
cul-de-sac, and 5) three (3) additional streetlights located at equal distance on West Piaffe
Street between North Lake Placid Avenue and North Moscow Avenue. The revised preliminary
plat and development plan should be provided prior to submittal of a design review application.
• The preliminary plat and development plan show Lot 7, Block 1, does not have street frontage.
Lot 7, Block 1, has frontage to Lot 6C, Block 1, which is a common lot. Plat note #8 of the
preliminary plat and development plan states, "Lot 6, Block 1, contains a perpetual easement
for ingress/egress for Lots 7 and 8, Block 1. Lots 6 and 7, Block 2 contain a perpetual easement
for ingress/egress."
Pursuant to Eagle City Code Section 9-3-2-1(J), driveways may serve no more than two (2)
lots provided at least one (1) of the lots has the minimum street frontage required in Eagle City
Code Section 8-2-4. The minimum street frontage within all residential zoning districts is 35-
feet. Lot 8, Block 1, which will share the common lot for ingress/egress has 25.74-feet of street
frontage. If the City Council approves the allowance for a shared driveway to provide access
to Lots 7 and 8, Block 1, the applicant should be required to provide a revised preliminary plat
and development plan showing Lot 8, Block 1, to have a minimum of 35-feet of street frontage.
The revised preliminary plat and development plan should be provided prior to submittal of
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final development plan and final plat applications.
• Page C1.7 and C1.8, of preliminary plat and development plan shows trees located along the
Dry Creek Drain north of West Floating Feather Road. The applicant is proposing three (3)
residential lots east of the Dry Creek Drain which will be served by two (2) driveways crossing
the Dry Creek Drain. The applicant should be required to provide an arborist analysis of the
existing trees and provide an Existing Tree Inventory Map (inclusive of species and size) with
the submittal of a Design Review application. The applicant should provide a narrative with an
Existing Tree Inventory Map indicating which trees will be incorporated into the design of the
subdivision and which trees are proposed to be removed prior to removal of any trees. No trees
should be removed from the site prior to City approval of a tree removal plan. The narrative
and Existing Tree Inventory Map should be provided with the submittal of a design review
application.
It is also unknown if the trees and riparian area located along the Dry Creek Drain provide
wildlife habitat. The applicant should be required to provide a detailed wildlife biologist (i.e.
private contractor, Idaho Fish and Game, U.S. Fish and Wildlife Service, or Bureau of Land
Management) report addressing the impact to wildlife within the immediate area. The wildlife
biologist report should be provided with the submittal of a design review application.
• The preliminary plat and development plan show several locations where culverts are proposed
to provide road, driveway, and pedestrian crossings over three (3) separate irrigation facilities.
Also, pedestrian pathway easements are proposed along those facilities. The affected irrigation
facilities identified on the preliminary plat and development plan are Dry Creek Drain,
Foothills Canal, and Drainage District No. 2 Lateral # 10. The applicant should be required to
provide approvals (i.e. correspondence and/or license agreements) for the proposed irrigation
facility crossings and public pathway easements located along the irrigation facilities from the
respective irrigation districts, canal companies, ditch association, drainage districts, drainage
entities, and other drainage districts that may exist. The approvals (i.e. correspondence and/or
license agreements) should be provided at the time of submittal of final development plan and
final plat applications.
• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code 67-6512 (d) and Eagle City Code Section 8-7-3-5(D)(6) upon granting
of a conditional use permit, conditions may be attached to said permit which may include
provisions for on -site and off -site public facilities or services. The Idaho Transportation
Department (ITD) provided correspondence, date stamped by the City on April 2, 2020, which
indicated that ITD will not be requesting a Traffic Impact Study for full buildout of the
Snoqualmie Falls Subdivision No. 15. Mitigation for this development will be covered by the
applicant contributing into a road trust deposit held by the City of Eagle on behalf of ITD. ITD
is requesting the applicant contribute $126,722 for their proportionate share towards a signal
at SH-44/Palmer Lane and improvements to the SH-16/SH-44 intersection. The applicant
should be required to provide a monetary contribution to a road trust deposit as identified in
the Idaho Transportation Department correspondence, date stamped by the City on April 2,
2020, or as amended by the Idaho Transportation Department in the future. The road trust
deposit money should be paid prior to the City Clerk signing the final plat.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on June 1, 2020, at which time public testimony was taken and the public hearing was
closed.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
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C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by three (3) individuals with testimony as provided within their findings of fact and conclusions of law
document, dated June 15, 2020.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City Council
by six (6) individuals with testimony as provided within their findings of fact and conclusions of law
document, dated June 15, 2020.
COMMISSION DELIBERATION: (Granicus time 02:31:55)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The applicant should be required to remove the three buildable lots located north of West Floating
Feather Road between the Dry Creek Canal and the east property line to preserve that area for wildlife
habitat.
• The City tries to enhance livability, the approximately two (2) acres located between the Dry Creek
Canal and Tannebaum has an impact on the City's environment. The preservation of the wildlife habitat
area is not to please the residents of Tannebaum Subdivision but to preserve a unique wildlife area.
• Due to the expense of putting connections over Dry Creek Canal for access and utility connections
under the canal it makes sense to preserve the two (2) acres for wildlife habitat.
• The applicant could possibly drop the three (3) lots to preserve the wildlife habitat area or reduce the
size of the lots reconfigure them within another area of the development.
• The City Council should address the issue concerning the ITD requested monetary contribution for
construction improvements associated with the state highway system.
• The proposed subdivision should be connected to the existing stub streets to provide interconnectivity
between the neighborhoods.
• ACHD is requiring traffic calming on West Piaffe Street, which will address the concerns identified by
the neighbors.
• The applicant should be required to comply with the Parks, Pathways, and Recreation Commission's
May 21, 2020, recommendation.
• The shared driveway should be approved since it will be designed in conformance with Eagle City
Code.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of CU-09-19/PPUD-06-19/PP-09-19 for Snoqualmie
Falls Subdivision No. 15 for Red Butte, LLC, with the site specific condition of approval and standard
conditions as provided within their findings of fact and conclusions of law document, dated June 15, 2020.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 25, 2020, 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 the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by two (2) individuals
who indicated the following concerns:
• The revised preliminary plat does not show the three lots removed along Dry Creek Canal as
recommended by the Planning and Zoning Commission.
• The area located along the Dry Creek Canal should remain in its natural state to maintain the
natural wildlife area.
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• The applicant should be required to conform to the comprehensive plan in regard to preserving
natural areas, density, property rights, hazard areas (floodplains), parks and recreation and open
spaces.
• The gravity flow associated with the Dry Creek Canal should be preserved.
• There should be no homes backing up to the homes located within Tannebaum Subdivision.
• The Council needs to stop granting exceptions to Eagle City Code regarding lot sizing, setbacks,
and minimum lot width.
D. Oral testimony neither in favor of nor in opposition to the applications was presented to the City
Council by one (1) individuals who indicated the importance of preserving the wildlife habitat area
located along the Dry Creek Canal.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-09-19/PPUD-06-19/PP-09-19 for Snoqualmie Falls Subdivision
No. 15 (Exhibit "A") for Red Butte, LLC, with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with underline text
to be added by the Council and strike through text to be deleted by the Council:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project upon receipt of an invoice by the City or prior to the City Clerk signing the final plat,
whichever occurs first.
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing material.
Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit
is required prior to construction of a fence in any of these locations.
5. Provide a revised preliminary plat and development plan with plat note #3 revised to state, "Unless
otherwise designated or dimensioned, there shall be a permanent easement for public utilities, pressure
irrigation and lot drainage over the ten (10) feet adjacent to rear lot lines." The revised preliminary plat
and development plan shall be provided prior to submittal of final development plan and final plat
applications.
6. Provide a revised preliminary plat and development plan with plat note #4 revised to state, "All lot,
parcel and tract sizes shall meet dimensional standards as established in the Eagle Zoning Ordinance
or as specifically approved by the conditions of development within the development agreement third
modification recorded as instrument No. 2018-030159, records of Ada County, Idaho and any
subsequent modification(s)." The revised preliminary plat and development plan shall be provided prior
to submittal of final development plan and final plat applications.
7. Provide a revised preliminary plat and development plan with a new plat note which states, "Lots 1, 6,
and 14, Block 1; Lots 8, 12, and 17, Block 2; Lots 18, 46, and 48, Block 4; Lots 9 and 10, Block 5; Lot
1, Block 6; Lots 3, 4, 10, 11, and 12, Block 20, shall have blanket public utility, drainage, and irrigation
easements located across the entirety of the common lots. The revised preliminary plat and development
plan shall be provided prior to submittal of final development plan/final plat applications.
& Provide a revised preliminary plat and development plan showing additional streetlights at the
following locations: 1) the south side of West Floating Feather Road at the intersection of North Lake
Placid Avenue, 2) the south side of West Floating Feather Road at the intersection of North Moscow
Avenue, 3) West Piaffe Street at the curve located between North Moscow Avenue and North Alidade
Avenue, 4) West Piaffe Court halfway between North Alidade Avenue and the terminus of the West
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Piaffe Court cul-de-sac, and 5) three (3) additional streetlights located at equal distance on West Piaffe
Street between North Lake Placid Avenue and North Moscow Avenue. The revised preliminary plat
and development plan shall be provided prior to submittal of a design review application.
9. or a to preivide access to Lots 7 and 8,
Block-1, The the applicant shall provide a revised preliminary plat and development plan showing Lot
7. Block 1, with street frontaee and the shared driveway located between Lots 7 and 8. Block 1 removed.
Lot 2, Meek 1, to hay mci irnum of 35 feet of street frontage. The revised preliminary plat and
development plan shall be provided prior to submittal of final development plan and final plat
applications.
10. Provide a narrative with an Existing Tree Inventory Map indicating which trees will be incorporated
into the design of the subdivision and which trees are proposed to be removed prior to removal of any
trees. No trees shall be removed from the site prior to City approval of a tree removal plan. The narrative
and Existing Tree Inventory Map shall be provided with the submittal of a design review application.
11. Provide a detailed wildlife biologist (i.e. private contractor, Idaho Fish and Game, U.S. Fish and
Wildlife Service, or Bureau of Land Management) report addressing the impact to wildlife within the
immediate area. The wildlife biologist report shall be provided with the submittal of a design review
application.
12. Provide approvals (i.e. correspondence and/or license agreements) for the proposed irrigation facility
crossings and public pathway easements located along the irrigation facilities from the respective
irrigation district, canal company, ditch association, drainage district, drainage entity. The approvals
(i.e. correspondence and/or license agreements) shall be provided at the time of submittal of final
development plan and final plat applications.
13. The applicant shall provide a copy of the executed "Transportation Mitigation Agreement" between the
applicant and ITD. The monetary contribution associated with the "Transportation Mitigation
Agreement" shall be paid in to a road trust to be held by the City of Eagle on behalf of ITD prior to the
City Clerk signing the first final plat.
14. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and
all common areas throughout the subdivision, 3) building elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities (if proposed), and 6) proposed style of fencing. The design review application
shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council prior to the
submittal of final development plan and final plat applications.
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 within an 8-foot wide landscape strip between the 5-foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy
development associated with Brahma, LLC. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
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
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protect all trees that are to be preserved, prior to the commencement of any construction on the site.
17. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights -of -way abutting and within this site. The final plat shall contain a plat note referencing
the ACHD license agreement and associated Ada County instrument number.
18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
19. The submittal of the building permit application to the City for each home within the development shall
be accompanied by an approval letter from the Architectural Control Committee (ACC). Building
permits applications that do not have an approval letter attached will not be accepted.
20. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the Legacy Homeowner's Association is responsible for all maintenance of the common
landscape areas in the subdivision. The CC&Rs for the Legacy Homeowner's Association shall provide
that the association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
21. Snoqualmie Falls Subdivision No. 15 shall remain under the control of one Homeowners Association.
22. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future."
23. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of the final development plan/final plat applications.
24. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's
pathway recommendation, dated May 21, 2020.
25. The applicant shall be required to provide a revised preliminary plat and development plan showing the
three (3) buildable lots located north of West Floating Feather Road between the Dry Creek Canal and
the east property line and Lot 5, Block 2 removed. The revised preliminary plat and development plan
shall be provided prior to submittal of a design review application.
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.
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6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on -site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
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13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards. The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision -making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
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Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
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
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Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-02-19/PPUD-02-19/PP-02-19) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
Snoqualmie Falls Subdivision No. 15 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. 15 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. Also, with the removal of the three (3)
residential lots located between Dry Creek Canal and Tannebaum Subdivision and Lot 5, Block
2, the existing wildlife habitat area and wetlands will be preserved; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Snoqualmie Falls Subdivision No. 15 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. 15 will be served by North
Palmer Lane (designated as a collector), West Floating Feather Road, and an internal street
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K:1Planning Dcpt\Eagle Applications\Preliminary Development Plans\20191Snoqualmie Falls Sub No. 15 ccf docx
network 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
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non-PUD proposal.
This development plan is part of a larger development plan that is designed with consideration
given to open space, ponds, recreational amenities (i.e. golf course, soccer fields, tennis courts,
and pedestrian pathways). Also, the approximately two (2) acres located north of West Floating
Feather Road between the Dry Creek Canal and the eastern property line provides a unique
wildlife habitat area and will be preserved as conditioned herein; 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 be connected to two (2) existing stub streets and will include a stub street
to an adjacent parcel which will provide intra-neighborhood connectivity upon development of
the adjacent properties. Access to the development will be from North Palmer Lane and West
Floating Feather Road. The design and construction of the roadways and entrances is guided
by the Ada County Highway District; and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
As conditioned herein, the applicant is required to remove the three (3) residential lots proposed
between the Dry Creek Canal and Tannebaum Subdivision. With the removal of the three (3)
residential lots the trees will be preserved along Dry Creek Canal and the existing wildlife
habitat area will be preserved; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for
Neighborhood Residential and will provide a variety of housing types to accommodate
residents with varying lifestyle needs; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The developer has requested approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the conditions of development within the executed
development agreement associated with the site. In addition, the developer will be required to
g•
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K:1Planning Dept\Eagle Applications\Preliminary Development PIans120191Snoqualmie Falls Sub No. 15 ccf docx
submit an application for design review and comply with all Eagle City Codes and conditions
of approval of the design review; and
I. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water
System. The water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain a minimum of 20% of passive and active open space providing
the residents a variety of recreation options from which to choose. A pathway will provide the
public a safe and efficient way to move through the development. The project will also generate
park impact fees to be utilized for the creation of additional parks or add new equipment to
existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by Legacy Development
Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
Schools
Snoqualmie Falls Subdivision No. 15 is located within the West Ada School District
boundaries.
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K:1Planning DeptiEagle Applications\Preliminary Development Plans\20191Snoqualmie Falls Sub No. 15 ccf docc
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 $329,845/annually (with Homeowner's Exemption).
That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development; therefore, the public service providers avoid potential liability and expenses.
P.
DATED this 8th day of September, 2020
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou
Pierce, Mayor
A'PTEST:: 6/
4r,1
Sharon K1rgmann, Eagle Ci
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K.1Planning Dept\Eagle ApplicationsPreliminary Development Plans120191Snoqualmie Falls Sub No 15 ccfdacx
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