Findings - CC - 2015 - CU-06-14/PPUD-03-14/PP-09-14 - Snoqualmie Falls #6/196 Lot/105.65 Acre/ BEFORE THE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
FOR A CONDITIONAL USE PERMIT, )
PRELIMINARY DEVELOPMENT PLAN,AND )
PRELIMINARY PLAT FOR SNOQUALMIE FALLS )
NO.6 PLANNED UNIT DEVELOPMENT )
FOR COLEMAN HOMES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-14/PPUD-03-14/PP-09-14
The above-entitled annexation, rezone with development agreement, conditional use permit, preliminary
development plan, and preliminary plat applications came before the Eagle City Council for their
consideration on February 24, 2015, at which time public testimony was taken and the public hearing was
closed. The Eagle City Council made their decision at that time. The Eagle City 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 Ben Thomas with Civil Innovations, PLLC, is
requesting conditional use permit, preliminary development plan, and preliminary plat
approvals for Snoqualmie Falls Subdivision No. 6, a 196-lot (176 buildable and 20 common)
residential planned unit development. The 105.65-acre site is generally located south of
Floating Feather Road, between Linder Road and Palmer Lane at the terminus of West
Signature Drive.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at the Eagle City Hall at 6:00 PM, Thursday, October 23,
2014, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item were received by the City of Eagle on November 6, 2014.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission
was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and
the Eagle City Code on December 29, 2014. 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 December
31, 2014. Requests for agencies' reviews were transmitted on November 7, 2014, in
accordance with the requirements of the Eagle City Code. The site was posted in accordance
with the Eagle City Code on January 8, 2014.
Notice of Public Hearing on the applications 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 February 9, 2015. 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 February 6, 2015.
The site was posted in accordance with the Eagle City Code on February 10, 2015.
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-
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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 September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the
Ada County Recorder's office.
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the
Ada County Recorder's office.
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada
County Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the
Ada County Recorder's office.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Residential Two R-2-DA-P(Residential with a Agricultural/Part of
planned unit development-PUD) Proposed Legacy
Development
Proposed Residential Two R-2-DA-P(Residential with a Single-Family,Residential
planned unit development-PUD) Planned Unit Development
North of Residential Two R-2-DA-P(Residential with a Legacy Development
site planned unit development-PUD) (Snoqualmie Falls Subs)
South of Residential Two R-2-DA-P(Residential with a Agricultural
site planned unit development-PUD)
East of Residential Two R-2-DA-P(Residential with a Legacy Development
site planned unit development-PUD) (Mosca Seca Subs)
West of Residential Two R-2-DA-P(Residential with a Agricultural
site planned unit development-PUD)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA,CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site— 105.65-acres
Total Number of Lots— 196
Residential— 176
Commercial— 1 (City Well Lot)
Industrial—0
Common— 19
Total Number of Units -
Single-family— 176
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
Additional Site Data Proposed Required
Dwelling Units Per Gross 1.67-dwelling Up to 2.2 units per acre maximum(based upon the
Acre units per acre executed development agreement)
Minimum Lot Size 9,040-square 5,000-square feet
feet
Minimum Lot Width 87-feet No minimum
Minimum Street Frontage 38-feet 35-feet
Total Acreage of Common 35.07-acres 21.13-acres (minimum)
Area Open Space
Percent of Site as 33.19% 20% minimum(Required pursuant to the executed
Common Area Open development agreement)
Space
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GENERAL SITE DESIGN FEATURES:
Greenbelt Areas and Landscape Screening:
The preliminary plat date stamped by the City on November 6, 2014, shows between a 74
and 77-foot wide common lot on the south side of West Nordic Drive abutting the
Middleton Canal, and a 55-foot wide common lot on the north side of West Nordic Drive.
West Nordic 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.
Open Space:
A total of 35.07-acres (33.19%) of common area is proposed within the planned unit
development. The common area is a combination of pathways, road buffer areas, ponds,
tot lot and streetscape (landscape islands and landscape strip between the curb and
sidewalk). A minimum of 20% open space is required within a planned unit development.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and
approval prior to the City Engineer signing the final plat. The plans are to show how
swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's
are to contain clauses to be reviewed and approved by the City Engineer and City
Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the
drainage easement, and that no runoff shall cross any lot line onto another lot except
within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility and drainage easements to be not less than
12 feet in width.
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:
Eagle City Code Section 9-3-8 (B) states that existing natural features which add value to
residential development and enhance the attractiveness of the community (such as trees,
watercourses, historic spots and similar irreplaceable assets) shall be preserved in the
design of the subdivision. The existing trees located around the existing home on the
property are proposed to be removed.
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: Public
The preliminary plat, date stamped by the City on November 6, 2014, contains two (2)
typical street sections within the development showing:
• W. Nordic Dr.: The typical street section for Nordic Drive shows 50-feet right-of-
way with a 36-foot wide roadway section(as measured from back-of-curb to back-
of curb), vertical curb, an eight foot(8')wide landscape planter strip and five foot
(5') wide sidewalk located on the north side of the roadway and a ten foot (10')
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wide pathway located on the south side of the roadway adjacent to Middleton
Canal. The sidewalk and pathway are located within common lots outside of the
right-of-way. A license agreement from ACHD will be required for the pathway
and sidewalk.
• N. Palmer Lane: The typical street section for Palmer Lane shows 25-feet of right-
of-way from the centerline of the roadway with a 23.5-foot wide roadway section
(as measured from centerline to 1.5-feet behind back-of curb), vertical curb, an
eight foot (8') wide landscape planter strip and ten foot (10') wide sidewalk
located on the east side of the roadway. The sidewalk is located within the
common lot and well lot outside of the right-of-way. A license agreement from
ACHD will be required for the sidewalk.
• Internal Streets: The typical street section for the internal streets show 60-feet
right-of-way with a 33-foot wide roadway section (as measured from back-of-curb
to back-of curb), an eight foot (8') wide landscape planter strip and five foot (5')
wide sidewalk located on each side of the roadway located within the right-of-
way.
• Internal Street (with landscape islands): The typical street section for the internal
streets show 81-feet right-of-way with a 21-foot wide roadway sections on either
side of the island (as measured from back-of-curb to back-of curb), a twelve foot
(12') wide landscape island, an eight foot (8') wide landscape planter strip and
five foot (5') wide sidewalk located on each side of the roadway located within
the right-of-way.
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 Striker Lane: 400-feet in length, 50-foot radius from center of the landscape
island to back-of-curb. Travel lane is 40-feet in width from back-of-curb to face of
landscape island. Landscape island is 20-feet in width
• North Chastain Circle: 250-feet in length, 50-foot radius from center of the
landscape island to back-of-curb. Travel lane is 40-feet in width from back-of-
curb to face of landscape island.
Two (2) temporary turnarounds are proposed for this site at the terminus of N. Moonbeam
Ave and N. De Marini Ave.
Sidewalks:
A detached five foot (5') wide concrete sidewalk is proposed abutting the planter strips
located on both sides of all interior roadways.
A detached ten foot(10') wide bicycle/pedestrian pathway is proposed to be located on the
south side of West Nordic Drive, a collector roadway, pursuant to the executed
development agreement, and a 5-foot wide detached sidewalk is proposed to be located on
the north side of West Nordic Drive,both of which will be located within an easement.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for
the interior streets.
Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
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shall be provided to the City Zoning Administrator prior to the City Engineer signing the
final plat.
Street Names:
Street names should be approved by the Ada County Street Names Committee prior to
submittal of a final plat application.
K. ON AND OFF-SITE PEDESTRIANBICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
The applicant is proposing to continue the 10-foot wide multi-use asphalt pathway along
the south 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: 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 13, 2015, are of
special concern(attached to the staff report).
Ada County Highway District
Central District Health Department
Eagle Fire Department
Idaho Transportation Department
Middleton Mill Ditch Company
Tesoro Logistics
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 in four phases. No timing of the
phases has been identified.
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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.
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.
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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 August 25, 2009), 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 8-1-2: Rules and Definitions:
OPEN SPACE: A common area platted as a separate lot (except for the portion of the 8 foot wide
landscape strip located adjacent to and within the public right of way of a local street), substantially
open to the sky,exclusive of streets, commercial and residential buildings, and shall be designated and
intended as a usable and convenient amenity for the residences of any proposed development.
OPEN SPACE, ACTIVE: Common area which includes, but is not limited to, athletic fields,buildings
or structures for recreational activities including picnic areas, community garden, courses or courts,
children's play area, dog play area, and pathways, excluding passive open space areas. Landscape
buffer areas not required pursuant to subsection 8-2A-7J of this title may be considered, in part, as
active open space provided a pathway or other active amenity is located within and incorporated into
the buffer area. Up to fifteen percent (15%) of the total area of water bodies (i.e., ponds) within a
development may be considered active open space provided there is a finding that the ponds employ
active recreation capabilities such as fishing,rafting, canoeing, and the like.
OPEN SPACE, PASSIVE: Common area which includes, but is not limited to, landscaped buffer
areas required pursuant to subsection 8-2A-7J of this title (including the sidewalk within the buffer
area), natural areas, wetland areas, ornamental gardens, decorative fountains, and water bodies,
excluding active open space areas.
• Eagle City Code Section 8-2A-7 (J)(4)(b): 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:
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
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(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
• Eagle City Code Section 8-6-5-2: Common Area Open Space:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross land
area developed in any residential PUD project shall be reserved for common area open space
and recreational facilities for the residents or users of the area being developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view, sun
and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent
to, or at a minimum, have direct access to common area open space. The term "direct access"
means all building lots are to be located a maximum of two hundred fifty feet (250') away
from a pathway connecting to a common area open space lot. Building lots separated from a
common area open space lot by a local roadway shall be deemed to have achieved direct
access. The required planter strip located between the sidewalk and the street will not be
permitted to fulfill this requirement.
F. Maintenance: The responsibility for the maintenance of all open spaces shall be specified by
the developer before approval of the final development plan. (Ord. 566, 5-15-2007.
• Eagle City Code Section 8-6-6-2: Preliminary Development Plan:
C. Approval In Principle Of Preliminary Development Plan:
1. The Commission shall review the preliminary development plan to determine if it is
consistent with the intent and purpose of this title; whether the proposed development
advances the general welfare of the community and neighborhood and whether the
benefits, combination of various land uses and the interrelationship with the land uses in
the surrounding area justify the deviation from standard district regulations and its
recommendation to the council. The Commission's recommendation in principle of the
preliminary development plan shall be necessary before an applicant may submit a final
development plan. Approval in principle shall not be construed to endorse a precise
location of uses,configuration of parcels or engineering feasibility.
2. The Council shall consider all provisions of this chapter including the general standards
applicable to conditional use permits and criteria for conditional uses before approving in
principle a preliminary development plan. The Council may, upon the finding that unique
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or special circumstances exist with regard to the preliminary development plan, consider
specific deviations from the requirements of this chapter provided conditions are placed on
the PUD to assure that it will be designed and operated in accordance with goals and
objectives of this chapter.
• Eagle City Code Section 8-7-3-2: General Standards for Conditional Uses:
The Commission/Council shall review the particular facts and circumstances of each proposed
conditional use in terms of the following standards and shall find adequate evidence showing that
such use at the proposed location:
A. Will, in fact, constitute a conditional use as established in section 8-2-3 of this title for the
zoning district involved;
B. Will be harmonious with and in accordance with the general objectives or with any specific
objective of the comprehensive plan and/or this title;
C. Will be designed, constructed, operated and maintained to be harmonious and appropriate in
appearance with the existing or intended character of the general vicinity and that such use
will not change the essential character of the same area;
D. Will not be hazardous or disturbing to existing or future neighboring uses;
E. Will be served adequately by essential public facilities and services such as highways, streets,
police and fire protection, drainage structures, refuse disposal, water and sewer and schools; or
that the persons or agencies responsible for the establishment of the proposed use shall be able
to provide adequately any such services;
F. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
G. Will not involve uses, activities, processes, materials, equipment and 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;
H. Will have vehicular approaches to the property which shall be so designed as not to create an
interference with traffic on surrounding public thoroughfares; and
I. Will not result in the destruction, loss or damage of a natural, scenic or historic feature of
major importance.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-1-6: Rules and Definitions:
LARGE SCALE DEVELOPMENT: A subdivision,the size of which consists of fifty(50) or more
lots or dwelling units.
• Eagle City Code Section 9-3-2-1: Location and Design:
Street and road location and design shall conform to the following standards:
C. Stub Streets: Where adjoining areas are not subdivided, the arrangement of streets in new
subdivisions shall be such that said streets extend to the boundary line of the tract to make
provisions for the future extension of said streets into adjacent areas, and shall have a cul-de-
sac or temporary cul-de-sac. A reserve street may be required and held in public ownership.
G. Cul-De-Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet(750')in
length and shall terminate with an adequate circular turnaround having a minimum radius of
fifty feet (50') of right of way including a landscape island with a minimum radius of ten feet
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(10'). A minimum of forty feet (40') of pavement shall be provided between the landscape
island and the outside edge of the street as measured from the face of curb of the island to the
face of curb located on the outside edge of the street. One traffic control sign stating that on
street parking is prohibited within the turnaround shall be installed at the entrance of the
turnaround on the driver's side of the street.
• 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 9-3-8: Public and Open Spaces:
D. Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
b. Management Plan: Applicant shall submit a plan for management of open space and
common facilities (plan)that:
(1) Allocates responsibility and guidelines for the maintenance and operation of the
open space and any facilities located thereon, including provisions for ongoing
maintenance and for long term capital improvements;
(2) Estimates the costs and staffing requirements needed for maintenance and
operation of, and insurance for, the open space and outlines the means by which
such funding will be obtained or provided;
(3) Provides that any changes to the plan be approved by the city council; and
(4) Provides for enforcement of the plan.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner lots
shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted within the above designated areas. A section within the
subdivision CC&Rs shall be created for the regulation of fences to this effect.
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• 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.
D. Pathway Design: While the city may exercise considerable discretion in determining the
design of pathways, the following minimum standards shall be followed:
1. The paved portion of the pathway may range from six feet (6') to ten feet (10') in width.
Micropathways within subdivisions which are designed for primary use by the residences
of the subdivision shall be a minimum eight feet (8') wide and shall be located within a
sixteen foot (16') wide pedestrian access easement, however, in an area where low volume
pedestrian traffic is anticipated, the council may consider a reduction in pathway width to
six feet (6'). Regional pathways such as the Boise River greenbelt and pathways located
adjacent to major roadways shall be a minimum ten feet (10') wide and shall be located
within a twenty foot(20') wide pedestrian access easement.
3. A five foot (5') wide landscaped area/building and fence setback, as measured from both
edges of the paved path, shall be required, and will be owned by either the abutting
property owner(s) or a homeowners' association unless accepted by a public entity. The
five foot (5') wide landscaped area on either side of the pathway may be decreased to a
minimum of two feet(2') wide (as measured from the edge of asphalt to the easement line)
when used in conjunction with a meandering pathway, however, the total width of the
landscape area shall not be less than ten feet(10') (i.e., 2 feet on one side of the path and 8
feet on the other). For safety purposes, planting material in this area is limited to three feet
(3')in height. The landscape,fence and building regulations for this area shall be indicated
by a note on the plat.
5. A root barrier shall be placed on both sides of the pathway to prohibit tree roots from
damaging the pathway surface. The root barrier shall consist of black injection molded
panels with a minimum of 0.085 inch wall thickness in modules a minimum of twenty
four inches (24") long by twenty four inches (24") deep. Each panel shall have no less
than four (4) vertical deflecting ribs of a minimum 0.085 inch thickness protruding one-
half inch (V2") at ninety degrees (90°) from the interior of the panel, spaced six inches (6")
apart. A minimum of nine(9) antilift tabs, three (3) each between the vertical ribs, shall be
integrated into each panel, measuring a minimum of 0.085 inch thickness and protruding
three-eighths inch (3/8") from the panel wall. An integrated joining system shall be
employed for instant assembly by sliding one panel into the other. An alternative type
barrier system of equal root penetrative resistance may be considered on a case by case
basis, subject to the approval of the zoning administrator.
6. In order to design for crime prevention, the following design standards will be followed:
a. The use of"see through", open fencing, such as wrought iron, is preferred, as it
provides better visibility from adjacent homes or buildings. Solid fencing is
prohibited.
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.
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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.
• Eagle City Code Section 9-5-5: Large Scale Development Subdivision;Required Information
Large scale development subdivisions proposed within the R-2, R-3, R-4, and MU zoning districts
shall be submitted as planned unit developments. Due to the impact that a large scale development
would have on public utilities and services, the developer shall submit the following information
along with the preliminary plat:
A. Identification of all public services that would 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;
B. Estimate of the public service costs to provide adequate service to the development;
C. Estimate of the tax revenue that will be generated from the development; and
D. Suggested public means of financing the services for the development if the cost for the public
services would not be offset by tax revenue received from the development.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE 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.
(DA 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.
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3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land;
• At least one tot lot for each phase depicted on Exhibit A hereto;
• Regional trails connecting through the Property,from east to west and north to south;
• Both Active and Passive Open Space. A minimum of 60% of the Open Space shall be
Active Open Space. Active Open Space shall be defined as areas that provide
gathering area for active recreation (e.g. recreational spaces, open fields, swimming
pools, tot lots and trails). Passive Open Space shall be defined as neighborhood areas
that provide a combination of linear open space and scenic features (e.g. ponds, berms
and view corridors); and
• Up to five acres of school site can be included as Open Space
3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at the time of
the preliminary plat application including such area.
3.4.4.2.2 All Open Space with the exception of that included within school sites shall
be maintained by Legacy Community Association, Inc., any successor
homeowners or neighborhood associations, or any recreational association
established to maintain a particular open space for recreational use, all as
more particularly set forth in the Community Charter for Legacy, Instrument
No. 108048693, records Ada County, Idaho, and/or the Declaration of
Recreational Covenant, Instrument No. 108048694, and any modifications
thereto.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south and east
to west through the Property shall be dedicated to Eagle. The specific
location, easement language, design, and construction plans of the pathway
shall be approved by the Eagle City Council prior to the City Engineer signing
the final plat for the Property.
3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a minimum
20-foot wide easement and contain paved pathways of at least 10-feet in
width, and all micro-pathways designed for primary use by the residences of
the Property shall be located within a minimum 16-foot wide easement and
contain paved pathways of at least 6-feet in width, with all paved pathways
being constructed to Eagle's pathway standards.
3.4.4.3 All open space areas are subject to Eagle's design review process and
standards set forth in Eagle City Code Section 8-2A and Section 9-4-1-6 (D)
Pathway Design.
3.4.4.3.4 All regional pathways dedicated to Eagle shall be a minimum of 20 feet wide
and contain paved pathways pathways of at least 10 feet in width, and all
micropathways designed for primary use by the residence of the Property shall
be a minimum of 16-feet wide and contain paved pathways of at least 6 feet in
width, with all paved pathways being constructed to Eagle's pathway
standards, as established by Eagle's Park and Pathways Development
Committee and the City Engineer.
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E. DISCUSSION:
• The proposed Snoqualmie Falls Subdivision No. 6 is located within the Legacy development
which was approved by the City in 2006. The Legacy development was approved with a
development agreement and a planned unit development. The executed development agreement
establishes the maximum density, required setbacks, and various design standards for the
development. The development agreement and subsequent modifications also contain a
Conceptual Land Use Plan with a bubble plan identifying approximate sizing of lots within
specific areas of the development. A request for an updated Conceptual Land Use Plan was made
with the approval of Snoqualmie Falls No. 5.
A revised Conceptual Land Use Plan was submitted to the City on December 30, 2013. The
revised Legacy development Conceptual Land Use Plan designates the areas that are proposed
with this subdivision as approximately 288 residential lots consisting of the following project
types: 157 Patio (5,000—7,999 square feet), 63 Custom (8,000— 12,000-square feet minimum lot
size), and 68 Estate (12,000+-square feet minimum lot size) respectively. The proposed
preliminary plat for Snoqualmie Falls No. 6 consists of 176 residential lots consisting of only
Custom and Estate product types. No Patio product types are proposed with this phase of
development.
While staff is supportive of a reduction in density for this phase, staff is concerned that the
continual rearrangement of residential product types will result in the loss of the original vision of
a more balanced mixture of lot sizes and product types. Staff is concerned that the final phases of
development will consist of primarily higher density products clumped together on the west side of
Palmer Lane and adjacent to areas designated by the Comprehensive plan as Residential Two (two
dwelling units per acre). Therefore, the applicant should be required to provide a revised
Conceptual Land Use Plan that shows how the remainder of the project will be developed with
product types, internal circulation, and lot counts identified by type. The revised Conceptual Land
Use Plan should be provided prior to the submittal of any future preliminary plat applications.
• The preliminary plat, date stamped by the City on November 6, 2014, shows 176 single-family
residential lots ranging in size from 9,040-square feet to 23,207-square feet in size. The average lot
size within the development is 12,710-square feet. The proposed residential density for this project
is 1.67-dwelling units per acre. The overall density for the Legacy development to date is 1.81
dwelling units per acre.
• Below are the proposed lot counts (by type) for the proposed Snoqualmie Falls No. 6. The
proposed residential lot types are different from those shown on the revised Conceptual Land Use
Plan that was submitted on December 30, 2013:
o Snoqualmie Falls No.6: Conceptual Land Use Plan,dated Dec. 30, 2013
• Estate Lots: 49-units(16.94-acres) • Estate Lots: 68-units
• Custom Homes: 127-units (34.42-acres) • Custom Homes: 63-units
• Total#of Lots: 176-units • Patio Homes: 157-units
• Total#of Lots: 288-units
• The applicant's representative submitted a letter, date stamped by the City on December 11, 2014.
The applicant's representative is requesting to not be required to complete the landscaping of the
8-foot wide planter strips adjacent to the residential lots (or provide a surety for their completion)
prior to City Clerk's signing of final plat. The applicant's representative is requesting the
completion of the landscape strips be tied to occupancy. Pursuant to ECC 8-2A-7(E) and 8-2A-
18, the landscape strips are considered part of the overall subdivision's landscaping and are
included as part of the open space calculations. Eagle City Code requires either the installation of
all landscaping or the applicant must provide a surety prior to the City Clerk signing the final plat.
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Staff verifies that all landscaping has been installed in compliance with the approved landscape
plans. By removing the requirement of providing a surety, it places the burden on the building
inspection staff to verify the installation of the approved tree species (or planning staff would then
have to make additional inspections per residence) prior to occupancy sign off. This also removes
the burden from the developer and does not protect the City if the development were not to
complete the landscaping and a demand was made on a surety. There would be an insufficient
amount available to complete the landscaping. Therefore, staff is not supportive of the applicant's
request.
• The preliminary plat, date stamped by the City on November 6, 2014, does not identify street light
locations. The applicant should be required to provide a revised preliminary plat showing all street
light locations. The revised preliminary plat showing should be submitted prior to the submittal of
a final plat application.
• The preliminary plat, date stamped by the City on November 6, 2014, does not identify ACHD
storm drain facilities, nor has a note been provided on the preliminary plat. The application should
be required to provide a revised preliminary plat showing the storm drain facilities and ACHD
storm drainage plat note prior to the submittal of a final plat application.
• Neither the preliminary plat, date stamped by the City on November 6, 2014, nor the landscape
plans show pedestrian pathways located adjacent to any of the ponds proposed throughout the
development. A total of eight (8) ponds are proposed. This lack of pedestrian connectivity limits
the ability of the residents to use and enjoy the ponds. The active open percentage provided by the
applicant's representative utilizes a portion of the square footage of the ponds as active open space
(up to 15% of the pond square footage can be used as active open space). If the residents have no
way to get to and around the ponds via pedestrian pathways, then staff feels they should not be
considered as active open space. Staff recommends that the applicant provide pedestrian pathways
adjacent to all ponds for use by the residents. This should be inclusive of Lot 5, Block 4, which
also does not show a pedestrian pathway. Pursuant to the Legacy development agreement
(instrument# 113024773), section 3.4.4.2.4, "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." The applicant should be required to provide a revised preliminary plat
showing 6-foot wide pedestrian pathways located within a minimum 16-foot wide easement
adjacent to all ponds and within Lot 5, Block 4, prior to the submittal of design review and final
plat applications.
• The landscape plans do not identify fencing adjacent to the common lots. Pursuant to Eagle City
Code, any fence 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. The applicant should provide a revised landscape plan showing all fencing
located adjacent to common areas and on the street side of all corner lots to be open style fencing
such as wrought iron or other similar decorative style, prior to the submittal of a design review
application. (ECC 9-3-10)
• The preliminary plat, date stamped by the City on November 6, 2014, does not contain a plat note
that addresses access restrictions to W. Nordic Drive (a collector roadway). The applicant should
be required to provide a revised preliminary plat with a plat note that reads, "Vehicular access to
lots along W. Nordic Drive are prohibited unless specifically allowed by the Ada County Highway
District and the City of Eagle."
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the requested conditional use
permit, preliminary development plan, and preliminary plat for Snoqualmie Falls No. 6 Planned Unit
Development with site specific conditions of approval and standard conditions of approval as provided
within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the application was held before the Planning and Zoning Commission on January
20, 2015, at which time testimony was taken and the public hearing was closed. 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 Planning and Zoning Commission
by no one.
D. Oral testimony neither in favor of nor opposed to this proposal was presented to the Planning and
Zoning Commission by two (2) individuals who voiced their concern regarding whether a roadway
connection will be required to tie into their existing subdivision to the south (Lincoln Park
Subdivision) with a future phase of development.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Villegas absent) to recommend approval of Snoqualmie Falls
No. 6 Planned Unit Development for Horseshoe Flats, LLC with the site specific conditions of approval
and standard conditions of approval as provided within their findings of fact and conclusions of law
document dated January 20, 2015.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications was held before the Eagle City Council on February 24, 2015.
The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the Eagle City Council by no one (other than
the applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the Eagle City Council by two (2)
individuals who were concerned by the traffic impacts on the adjacent roadways and whether the
intersection of Floating Feather and Linder Road would be signalized in the future due to the increase
in traffic.
COUNCIL DECISION:
The Council voted 4 to 0 to approve Snoqualmie Falls No. 6 Planned Unit Development for Horseshoe
Flats, 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:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05.
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,prior to the City Clerk signing the final plat.
4. Provide a revised Conceptual Land Use Plan to be reviewed Planning and Zoning Commission and the
Eagle City Council through a public hearing process in accordance with Eagle City Code Section 8-7-8
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that shows how the remainder of the project will be developed with product types, internal circulation,
and lot counts identified by type prior to the submittal of any future preliminary plat applications.
5. •. . . ••: . .. . . ..
6. Provide a revised preliminary plat that identifies all ACHD storm drainage facilities and add a plat
note that identifies all lots that are encumbered with ACHD storm drainage easements prior to the
submittal of a final plat application.
7. Provide a revised preliminary plat with a new plat note to read, "Vehicular access to lots along W.
Nordic Drive are prohibited unless specifically allowed by the Ada County Highway District and the
City of Eagle." The revised preliminary plat shall be provided prior to the submittal of a final plat
application. (ECC 9-4-1-2)
8. Provide a revised landscape plan showing all fencing located adjacent to common areas and on the
street side of all corner lots to be open style fencing such as wrought iron or other similar decorative
style,prior to the submittal of a design review application. (ECC 9-3-10)
9. A note shall be placed on the final plat indicating that the side setback(that side adjacent to a pathway)
for lots adjacent to interior pathways shall be 15-feet minimum from the paved edge of the adjacent
pathway. (ECC 9-4-1-6[D][3])
10. 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 knuckles, 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, playground equipment, gazebos, and/or similar amenities, 6) design of ponds to be
constructed in reference to mosquito abatement, 7) proposed style of fencing. The design review
application shall be reviewed and approved by the Eagle Design Review Board and Eagle City Council
prior to the submittal of a final plat application. (ECC 8-2A-7)
11. 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 on the side lot lines, or as approved by the Design Review Board and within five-
feet (5') of the edge of the roadway. Prior to the City Clerk signing the final plat, the applicant shall
either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within landscape strips.
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. (ECC 8-2A-7[E] and ECC 8-2A-18)
12. 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.
13. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to approval of a final plat. (ECC 9-4-1-2)
14. 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.
15. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
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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. (ECC 9-
3-8[D][4])
16. 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][1][a] and
ECC 9-3-8[D][4])
17. The entire Snoqualmie Falls Subdivision No. 6 shall remain under the control of one Homeowners
Association. (ECC 9-3-8[D][4])
18. 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." (ECC 9-4-1-2)
19. 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.
20. The applicant shall install at the entrances to the Snoqualmie Falls Subdivision No. 6 4' x 4' plywood
or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a
minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no
dogs off leash. The signs shall be installed prior to the issuance of any building permits.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat(I.C. Title 50,Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be
required to furnish the City Engineer with a letter from the sewer entity serving the property,
accepting the project for service,prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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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.
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
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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 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.
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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
Engineer, and City Clerk.
31. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights,claims in any way associated with this application.
32. 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.
33. 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.
34. 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.
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35. 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 the Eagle City Hall at 6:00 PM, Thursday, October 23, 2014, in
compliance with the application submittal requirement of Eagle City Code. The applications for this
item were received by the City of Eagle on November 6, 2014.
2. 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 December 29, 2014. 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 December 31, 2014. Requests for agencies' reviews
were transmitted on November 7, 2014, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on January 8, 2014.
Notice of Public Hearing on the applications 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 February 9,
2015. 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 February 6, 2015. The site was posted in accordance with the Eagle City
Code on February 10, 2015.
3. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-06-14/PPUD-03-14/PP-09-14) 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. 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. 6 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. 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. 6 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. The development will not be hazardous or disturbing to existing or future neighborhood uses.
Snoqualmie Falls Subdivision No. 6 is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity; and
d. 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. 6 will be served by West
Nordic Drive which is designated as the east/west collector located within the Legacy
development; and
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e. 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. 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. 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. The vehicular approaches to the property are designed to not create an interference with traffic
on surrounding public thoroughfares.
The development will include a stub street to the adjacent parcels, which will provide intra-
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from West Nordic Drive. The design and construction of the roadways
and entrances is guided by the Ada County Highway District; and
i. 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. 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. 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 and Eagle City Code Title
9.
This application requests approval for a conditional use permit and a preliminary development
plan as outlined in Eagle City Code and satisfies those requirements as well as will be required
to meet the conditions herein and the executed development agreement associated with the
site. In addition, the developer will be required to submit an application for design review and
comply with all Eagle City Codes and conditions of approval of the design review; and
1. 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; and
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
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protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water
System. The water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the
developer installing the required sewer infrastructure the developer will be required to comply
with the District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer.
Upon completion,the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain a minimum of 20% of passive and active open space providing
the residents a variety of recreation options from which to choose. A greenbelt pathway along
Middleton Canal 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. 6 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; and
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 from the development at build out is approximately
$3,609.45 per dwelling/year or$635,263/year for this phase of the proposed development; and
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.
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The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. Because the developer provides the services in the initial
stages of development the public service providers avoid potential liability and expenses.
DATED this 10th day of March, 2015
CITY COUNCIL
OF THE CITY OF EAGLE
qa County, Idaho
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Sharon K. Bergmann,Eagle City Cler ••, '•••••••' Q• �.•
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Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis
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