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Findings - CC - 2021 - CU-04-21/PPUD-04-21/PP-06-21 - Snoqualmie Basin Subdivision Conditional Use Permit, Preliminary Development Plan, And Preliminary Plat BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A ) CONDITIONAL USE PERMIT,PRELIMINARY ) DEVELOPMENT PLAN,AND PRELIMINARY ) PLAT FOR SNOQUALMIE BASIN SUBDIVISION ) FOR RED BUTTE,LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER CU-04-21/PPUD-04-21/PP-06-21 The above-entitled conditional use permit, preliminary development plan and preliminary plat applications came before the Eagle City Council for their action on November 9, 2021, at which time public testimony was taken and the public hearing was closed. 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: 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 Basin Subdivision, a 35-lot (26-residential, 4-commercial, 5-common) mixed use planned unit development. The 12.84-acre site is located at the southwest corner of West Floating Feather Road and North Palmer Lane at 1833 North Palmer Lane. B. APPLICATION SUBMITTAL: A Neighborhood Meeting was held at Eagle City Hall at 6:00 PM, on Thursday, November 19, 2020, in compliance with the application submittal requirement of Eagle City Code. The applications for this item were received by the City of Eagle on April 16, 2021. C. NOTICE OF PUBLIC HEARING: Requests for agencies' reviews were transmitted on April 22, 2021, in accordance with the requirements of the Eagle City Code. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September 3, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on August 31, 2021. The site was posted in accordance with the Eagle City Code on September 10,2021. Notice of Public Hearing on this 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 October 22, 2021. Notice of this public hearing was mailed to property owners in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on October 20, 2021. The site was posted in accordance with the Eagle City Code on October 27,2021. D. HISTORY OF REVELANT 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-13-05IPP-01-06). Page 1 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc On August 25, 2020 ,the City Council approved a preliminary development plan and preliminary plat for Snoqualmie Falls Subdivision No. 15 (CU-09-19/PPUD-06-19/PP-09-19). On May 25, 2021, the City Council approved final development plans and fmal plats for Snoqualmie Falls Subdivision Nos. 15-17 (FPUD-03-21/FP-05-21 / FPUD-04-21/FP-06-21 and FPUD-05-21/FP-07-21. 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 / FPUD-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 / EXT- 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 / FPUD-07- 19/FP-09-19/ FPUD-08-19/FP-12-19/CU-02-19/PPUD-02-19/PP-02-19/FPUD-10-19/FP-15-19/ CU-09-19/PPUD-06-19/PP-09-19. E. COMPANION APPLICATIONS: All applications are inclusive herein. F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Neighborhood R-2-DA-P(Residential Vacant parcel Residential with a development agreement—PUD) Proposed No Change No Change Single-Family,Residential, and Commercial Planned Unit Development North of site Neighborhood R-4-DA(Residential Agricultural(Proposed Residential with a development Millstone Farms Planned agreement) Unit Development) South of site Neighborhood A-R(Agricultural- Single-Family Residence Residential Residential) East of site Neighborhood MU-DA(Mixed Use Agricultural(Proposed Residential with a development Torrente Seco Planned Unit agreement)and RUT Development)and a Single- (Rural-Urban Transition Family Residence —Ada County designation) West of site Neighborhood R-2-DA-P(Residential Agricultural(Proposed Residential with a development Arvory Crest Planned Unit agreement—PUD) Development) Page 2 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 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— 12.84-acres(623.9-acres) Total Number of Lots—35 (1,214-residential[inclusive of 62-lots transferred to Arvory Crest Subdivision]) Residential—26 Commercial—4 Industrial—0 Common—5 Total Number of Units-26 Single-family—26 Duplex—0 Multi-family—0 Total Acreage of Any Out-Parcels—0 Additional Site Data Proposed Required Dwelling Units Per Gross Acre 2.47-dwelling units per acre Up to 2.20-dwelling units (this phase) per acre maximum 1.95-dwelling units per acre (pursuant to the executed (overall) development agreement)* Minimum Lot Size 6,224-square feet 5,000-square feet minimum(pursuant to the executed development agreement) Minimum Lot Width 66-feet 75-feet(minimum) Minimum Street Frontage 20.08-feet 35-feet Total Acreage of Common Area 3.33-acres** 2.1-acres(minimum) Open Space (based on residential area) Percent of Site as Common Area 31.6%** (based on 20% Open Space residential area) Except that,according to ECC Section 9-3-8(C) the City may require additional public and/or private park or open space facilities in PUDs or in subdivisions with 50 or more lots. * The required density includes the permitted overall density within the Legacy development. ** The calculation does not include the area of the lots associated with the planter strips. Page 3 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doe GENERAL SITE DESIGN FEATURES: Landscape Screening: As required pursuant to Eagle City Code Section 8-2A-7(J)(4)(a and b) and Condition of Development #3.11 of the executed development agreement (Ada County instrument #2018- 030159), the preliminary plat and development plan, date stamped by the City on April 16, 2021, show the required buffer areas located along West Floating Feather Road and North Palmer Lane. Open Space: A total of 3.3-acres (31.6% [based on residential area]) of common area open space (5-common lots) is proposed within the planned unit development. The preliminary plat and development plan, date stamped by the City on April 16, 2021, shows a centralized 1.63-acre common area open space (Lot 5, Block 2) which will be utilized to include the storm drainage area (approximately 7,000-square-feet, 0.16-acre). The remaining area of Lot 5, Block 2, is designed to maintain a majority of the existing trees located within the property and contain an easement associated with the Foothills Ditch. The preliminary development plan, date stamped by the City on April 16, 2021, shows a 15-foot-wide irrigation access and shared use gravel pathway located along the Foothills Ditch. The common areas located along West Floating Feather Road and North Palmer Lane (Lot 1, Block 1) will include the required buffer areas. Based on the prior approvals associated with the Legacy development and the subject proposed subdivision, the overall development currently consists of 225.42-acres (36.13%) of common area open space, of which 60.62-acres(26.9%) 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&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: The preliminary plat and development plan,date stamped by the City on April 16,2021,notes the required public utility, drainage, and irrigation easements. The rear lot line and interior side lot line easements have been reduced in width to allow for the approved reduction of setbacks. The applicant is required herein to place all utilities underground. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. The water system will be an extension of the City of Eagle Municipal Water System and will be dedicated to the City upon completion by the applicant and acceptance by the City. On-site Septic System —Yes The site previously contained a residential dwelling. The applicant will be required to provide proof indicating the septic system has been probably abandoned. Preservation of Existing Natural Features: The applicant has provided a Wetlands Review Letter, Preliminary Plat Application, date stamped by the City on April 16, 2021 (attached to the staff report), which indicates the site contains a riparian area which became established from irrigation supply water. Also, the site contains mature trees which will be retained within Lot 5,Block 2. Page 4 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doe 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 April 16, 2021, 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 September 14,2021. Applicant's Justification for Private Streets(if proposed):None proposed Blocks Less Than 500': None. Cul-de-sac Design: One(1)cul-de-sac is proposed: • North Prancing Pony Place: 250-feet in length, 40-foot radius (measure from back of curb to back of curb [island]) Sidewalks: The street sections identified within the preliminary plat and development plan, date stamped by the City on April 16, 2021, show the following: • 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 along North Palmer Lane. • An attached 5-foot-wide concrete sidewalk is proposed along West Floating Feather Road. 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 incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator prior to the submittal of the final plat. Any modifications made to the lighting shall be completed before the fmal plat approval. Street Names: Street names should be approved by the Ada County Street Naming Committee prior to submittal of a fmal plat application. K. ON AND OFF-SITE PEDESTRIAN CIRCULATION: Pedestrian Walkways: The preliminary plat and development plan, date stamped by the City on April 16, 2021, shows a detached 10-foot-wide sidewalk located along North Palmer Lane and detached 5-foot-wide sidewalks located on both sides of the interior streets. Also, the preliminary plat and development plan shows a 15-foot-wide irrigation access and shared use gravel pathway located within the Page 5 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doe Foothills Ditch easement located on the north side of the Foothills Ditch. 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 — yes — riparian area as identified on the preliminary plat and development plan, and Wetlands Review Letter, Preliminary Plat Application, date stamped by the City on April 16, 2021 (See Section"0"). Evidence of Erosion—no Fish Habitat—no Floodplain—no Mature Trees—yes—located within the southern central portion of the site(Lot 5, Block 2) Riparian Vegetation—yes—see"Areas of Critical Environmental Concern"above Steep Slopes—no Stream/Creek—no Unique Animal Life—unknown Unique Plant Life—yes—contained within the riparian area Unstable Soils—unknown Wildlife Habitat—yes—large nest contained within the existing trees O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (attached to the staff report): The applicant has provided a Wetlands Review Letter, Preliminary Plat Application, date stamped by the City on April 16, 2021 (attached to the staff report). The document indicates that based on the final Navigable Waters Protection Rule (NWPR) effective June 22, 2020, as issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (33 CFR 328.3), wetlands established in uplands from irrigation supply that would revert to upland should application of irrigation water cease do not meet the definition of"Water of the United States". Thus,wetlands within the project area are likely not jurisdictional. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report. City Engineer: All comments within the engineer's letter dated May 18, 2021, are of special concern(attached to the staff report). City Trails and Pathways Superintendent: All comments within the Trails and Pathways Superintendent's memo dated August 9,2021, are of special concern(attached to the staff report). ACHD Communities in Motion(COMPASS) Central District Health Department of Environmental Quality Eagle Fire Department Eagle Sewer District Sawtooth Law Offices (on behalf of Foothills Ditch Company, Middleton Mill Ditch Company, and Middleton Irrigation Association) West Ada School District Q. LETTERS FROM THE PUBLIC:None received to date. Page 6 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant is proposing to construct the subdivision in a single-phase with construction proposed to begin in the spring of 2022. 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. Page 7 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\202I\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 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. For a request of up to 10%of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial,public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. 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: The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the following: 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 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, Page 8 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 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: 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.. Page 9 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doe C. SUBDIVISION CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: • Eagle City Code Section 9-3-6: Easements: A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines or as required by the city council. Total easement width, including the utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. • Eagle City Code Section 9-3-10: Fences: Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open fencing style such as wrought iron or other similar decorative style, durable fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise required in subsection 8-2A-7J of this code. Chainlink, cedar, and similar high maintenance and/or unsightly fencing shall not be permitted within the above designated areas. A section within the subdivision CC&Rs shall be created for the regulation of fences to this effect. • Eagle City Code Section 9-4-1-6: Pedestrian/Bicycle Pathway and Sidewalk Regulations: F. Sidewalk Design: 3. Sidewalks shall be separated from the edge of the abutting roadway and/or back of curb by a minimum eight foot(8')wide landscape strip. The landscape strip shall be completed with sod, automatic irrigation, and planted with two inch (2") minimum caliper shade class trees along all streets within the subdivision. Installation of landscaping shall be in accordance with section 8-2A-7 of this code. The area within the eight foot (8') wide landscape strip may be counted toward the minimum required common area open space. D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: 3.4.1 Residential Development 3.4.1.4 Minimum street frontages for lots and setback distances for residential units in the Owner's Remaining Property shall comply with the requirements set forth in the below table: Page 10 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc Setbacks Product Type Approx. Lot Size Frontage' Interior Street Front Rear Side2 Side 8 ft from property line or back of sidewalk Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft 5 ft3 10 ft greater for living space; 20 ft for the garage 15 ft from Patio 5,000-7,999 SF 30 ft living space/ 10 ft 5 ft 20 ft 20 ft from garage Custom 8,000-11,999 SF 30 ft 20 ft 25 ft 5 ft 20 ft Estate 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft 17,000 SF+ 35 ft 30 ft 30 ft 10 ft 20 ft 1 The minimum street frontage for all flag lots is 20 feet. 2 Additional five feet per story setback for multi-story structures. 3 No setback applies to the interiors of connected dwelling units. 3.4.1.5 The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed 75%of the main floor's square footage, inclusive of the garage area. 3.4.1.6 Patio homes located on corner lots (any street classification) are limited to a 25 foot maximum height. (Common area lots on corners do not extinguish this requirement for adjacent patio homes.) 3.4.1.7 Patio homes located on other than corner lots may be two stories, but shared driveways should be incorporated to provide a variety of appearance. 3.4.3 Commercial Office/Development. Pursuant to the Second Modification, Section 3.4.3.1 of the Original Development Agreement was and remains modified as follows: 3.4.3.1 Office and commercial use shall be limited to 5% of the Original Property acreage which shall not exceed a maximum of 31.2 acres. Notwithstanding this limitation, pursuant to the Second Amendment, the Owner limited its proposed development of office and commercial use to 5 acres. The Concept Plan submitted with the Expansion Parcel No. 1 identified 12.9 acres of commercial use. Page 11 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc When the Owner agreed to reduce its commercial use to five (5) acres on the Owner's Remaining Property, the Owner consented to the use in Expansion Parcel No. 1 of additional commercial acreage that otherwise would have been available for development for the entire PUD with the approval of the Eagle City Council's sole discretion after notice and public hearing. Nothing herein shall be construed as a waiver of any requirement for applications regarding design reviews, preliminary and final plat reviews, conditional use permits (if applicable) and any other applicable applications required by Eagle City Code in connection with the Owner's Remaining Property or that of Expansion Parcel No. 1. Accordingly, Expansion Parcel No. 1 remains subject to Condition of Development 3.4.2 of the Original Development Agreement. 3.4.3.2 The uses allowed in the office/commercial portions of the Owner's Remaining Property shall be limited to the following: • Artist Studio • Arts and crafts shows • Beauty/barber shop • Family& group childcare • Convenience store with no fuel service (hours limited to 7:00 a.m. to 10:00 p.m.) • Electronic sales, service, or repair shop • Food and beverage sales(excluding liquor sales and with hours limited to 7:00 a.m. to 10:00 p.m.) • Health clubs, spas,weight reduction salons • Home and business services • Laundry(with no drive up service) • Massage spa • Office,business and professional(including medical) • Personal improvement • Personal services • Photographic studio • Professional activities • Restaurant (no drive thru and with hours limited to 7:00 a.m. to 10:00 p.m.) • Retail sales(limited) • Retail sales(pharmacies and medical) • Travel services • Vet clinic(excluding overnight boarding) • Government building, offices • Library • Museum 3.4.3.3 No single retail tenant on the Owner's Remaining Property shall exceed 25,000 square feet in building footprint area. Page 12 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 3.4.3.4 No portion of the Owner's Remaining Property shall be used for any of the following uses: • Outside storage • Adult business • Automotive, mobile home, travel trailer, and/or farm implement sales • Cemetery • Drive-in theatre • Mortuary/funeral home • Storage(fenced area) • Railroad yard or shop • Terminal yard,trucking • Truck and equipment repair and sales(heavy) 3.4.3.5 The office/commercial portion shall be developed as ancillary office and commercial areas, intended to serve the Owner's Remaining Property. 3.4.3.6 For each acre converted from residential to office/commercial use 2.2 units shall be removed from the total maximum allowed number of dwelling units of 1,373 that may be developed on the Owner's Remaining Property or transferred to Expansion Parcels. E. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on April 16, 2021, and the executed development agreement, Ada County Instrument#2018-030159): • The proposed Snoqualmie Basin Subdivision planned unit development is located within the Legacy development. This proposed development is the last phase associated with 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, maximum commercial acreage, 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 and Conditions of Development. The Legacy Updated Development Plan identifies the site may have up to 36 custom lots (8,000 — 11,999 square feet) or up to 46 patio lots (5,000 — 8,000 square feet). Condition of Development 3.4.3.1 allows the applicant to have up to 5-acres (maximum)of office and commercial area. The applicant is proposing 26-residential (23-custom, 3-patio) lots and 2.31-acres of commercial area consisting of 4-lots. As proposed, the number of lots, density, and proposed commercial area is in conformance with the executed development agreement. • This application has a conditional use permit associated with the planned unit development. Pursuant to Idaho Code Section 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. As part of their review process, the Idaho Transportation Department (ITD) has been providing correspondence requesting proportionate share funding to help offset costs associated with required transportation improvements due to increased vehicle trips from the growth we are experiencing. In the event the Idaho Transportation Department (ITD) provides correspondence requesting proportionate share funding the applicant should enter into a Traffic Mitigation Agreement to address the Page 13 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doc required Idaho Transportation Department improvements. The applicant should be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to issuance of a building permit, whichever occurs first. • The applicant provided a Wetlands Review Letter, Preliminary Plat Application, date stamped by the City on April 16, 2021, which indicated that based on the final Navigable Waters Protection Rule (NWPR) effective June 22, 2020, as issued by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers (33 CFR 328.3), wetlands established in uplands from irrigation supply that would revert to upland should application of irrigation water cease do not meet the defmition of"Water of the United States". Thus, wetlands within the project area are likely not jurisdictional. However, the applicant should be required to provide a report or analysis of the wetland boundaries and any proposed changes to the existing wetlands located on the property. The report or analysis should be reviewed and approved by the U.S. Army Corps of Engineers prior to submittal of a final plat application. 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 City Zoning Ordinance or as specifically approved by the conditions of development for within the development agreement third modification recorded as instrument No. 2018030159, records of Ada County, Idaho and any subsequent modifications." • The instrument number within the plat note is incorrectly referenced. Also, since the plat note is associated with a recorded plat all the parcels within the subdivision will be referenced as lots. The applicant should be required to provide a revised preliminary plat and development plan with plat note#4 revised to state, "All lots shall meet dimensional standards as established in the Eagle City Zoning Code 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 modifications." The revised preliminary plat and development plan should be provided prior to submittal of final development plan and final plat applications. • The Floating Feather Half Street Section shown on the preliminary plat shows an attached 5-foot- wide sidewalk along West Floating Feather Road. Pursuant to Eagle City Code Section 9-4-1- 6(F)(3), sidewalks are required to be separated from the edge of the abutting roadway and/or back of curb by a minimum 8-foot-wide landscape strip. It is staff's understanding the applicant's property is separated from the West Floating Feather Road right-of-way by a section of property under separate ownership. The property located between the applicant's property and the West Floating Feather Road varies from 4-feet to 17-feet in width. The preliminary plat shows the common lot located in proximity to West Floating Feather Road varies in width from 50-feet to 66-feet, 4-inches. Upon completion of the West Floating Feather Road re-alignment the existing West Floating Feather Road will be reclassified as a collector. Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a) a 35-foot-wide buffer area is required adjacent to a collector. Based on the width of the common lot located in proximity to West Floating Feather Road exceeds the required buffer width, the applicant should be required to construct a minimum 5-foot-wide detached sidewalk located within the common lot located along the south side of West Floating Feather Road. The sidewalk should be constructed prior to the City Clerk signing the final plat.. Page 14 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on September 20, 2021, at which time public testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in favor of the applications were presented to the Planning and Zoning Commission by no one(not including the applicant/representative). C. Oral testimony in opposition to the applications were presented to the Planning and Zoning Commission by no one. COMMISSION DELIBERATION: Upon closing the public hearing,the Commission discussed during deliberation that: • The Commission is supportive of the proposed planned unit development with the staff recommended conditions of approval as noted herein. COMMISSION DECISION: The Commission voted 4 to 0 (Smith absent) to recommend approval of CU-04-21/PPUD-04-21/PP-06- 21 for Snoqualmie Basin Subdivision, with the site specific conditions of approval and standard conditions of approval provided within their findings of fact and conclusions of law document, dated October 4,2021. PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the City Council on November 9,2021, 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 were 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 no one. COUNCIL DECISION: The Council voted 4 to 0 to approve CU-04-21/PPUD-04-21/PP-06-21 for Snoqualmie Basin Subdivision (Exhibit "A"), with the following Planning and Zoning Commission recommended site specific conditions of approval and standard conditions of approval with 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 applications 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. Specific buffer area fences and decorative walls may be allowed as otherwise required in ECC Section 8-2A-7(J). Page 15 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 5. executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City first. 6. Provide a report or analysis of the wetland boundaries and any proposed changes to wetlands located on the Property. The report or analysis shall be reviewed and approved by the U.S. Army Corps of Engineers prior to submittal of a fmal plat application. 7. To accommodate the future installation of municipal fiber-optic cable, the applicant shall be required to install two (2) one and one quarter inch (1 1/4") diameter fiber-optic conduit lines along both sides of all public streets. Upon completion of the installation, the applicant shall provide GIS coordinates of the locations of the municipal fiber-optic conduit lines. The municipal fiber-optic conduit lines shall be installed, GIS coordinates provided, and dedicated to the City prior to the City Clerk signing the final plat. 8. Provide a revised preliminary plat and development plan with plat note #4 revised to state, "All lots shall meet dimensional standards as established in the Eagle City Zoning Code 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 modifications." The revised preliminary plat and development plan shall be provided prior to submittal of final development plan and final plat applications. 9. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's Pathway Recommendation, dated August 9,2021, prior to the City Clerk signing the final plat. 10. The applicant shall construct a minimum 5-foot-wide detached sidewalk located within the common lot located along the south side of West Floating Feather Road. The detached sidewalk shall be constructed prior to the City Clerk signing the final plat. 11. In the event the Idaho Transportation Department (ITD) provides correspondence requesting proportionate share funding, the applicant shall enter into a Traffic Mitigation Agreement to address the required Idaho Transportation Department improvements. The applicant shall be required to provide a copy of the executed Idaho Transportation Department Traffic Mitigation Agreement to the City prior to the City Clerk signing the first final plat or prior to issuance of a building permit, whichever occurs first. 12. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and all common areas throughout the subdivision, 3)building elevation plans for all proposed common area structures and irrigation pump house (if proposed),4) landscape screening details of the irrigation pump house, 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. 13. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board) along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any occupancy permits for the homes. A temporary occupancy may be issued if weather Page 16 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc does not permit landscaping. Partial reduction of the surety may be permitted for any portion of the development that is completed, including street trees that have been installed. On-going surety for street trees for all undeveloped portions of the development will be required through project completion. 14. All living trees shall be preserved unless otherwise determined by the City Council. 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 City Council) shall be provided prior to the submittal of a fmal plat. Construction fencing shall be installed to protect all trees that are to be preserved, prior to the commencement of any construction on the site. 15. The applicant shall provide a license agreement from ACID 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. 16. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk signing the final plat. 17. Provide documentation from the subdivision contractor indicating the individual well located on the site was properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 18. The applicant shall be required to obtain the proper permit and subsequently abandon the existing septic system and drainfield located onsite. Upon removal, the applicant shall provide documentation from the subdivision contractor indicating the septic system and drainfield were properly abandoned prior to the City Clerk signing the final plat. 19. Snoqualmie Basin Subdivision shall remain under the control of the Legacy Community Association, Inc. or it assigns. 20. Any stub street which is expected to be extended in the future shall be provided with a sign generally stating that, "This Street is to be extended in the future." 21. All plat notes that are required on the preliminary development plan/preliminary plat shall be transferred to the final plat prior to submittal of a final plat 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. 1. 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. 2. 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. 3. 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). 4. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. Page 17 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 5. 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. 6. 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. 7. 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. 8. 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. 9. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, drainage district, drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch(1)has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2)will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. 12. Encroachments including, but not limited to, landscaping,fencing, lighting, and/or pathways shall not be located within any easement or right-of-way for any ditch,pipe or other structure,or canal, or drain,used for irrigation water or irrigation waste water without the express written approval of the organized irrigation district,canal company, ditch association,drainage district,drainage entity or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The applicant shall submit a copy of the written approval from the irrigation entity, drainage district,or drainage entity prior to the City Clerk signing the final plat. Page 18 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doc 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. Whether located inside or outside of the public right-of-way the perpetual maintenance of the street lights shall be the responsibility of the applicant, subdivider, business owner, homeowner, or homeowner's/business owner's association, whichever the case may be. 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 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. 15. 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. 16. 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. 17. 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. 18. 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. Page 19 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 19. 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. 20. 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 Pathway Development Commission prior to approval of the final plat by the City Council. 21. 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. 22. 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". 23. 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. 24. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 25. The applicant shall obtain written approval of the development relative to the effects of the Boise River floodplain(if applicable)from the Corps of Engineers prior to approval of the final plat by the City Engineer. 26. 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. 27. Basements in homes in the floodplain are prohibited. 28. 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. 29. 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. 30. 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. Page 20 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 31. 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. 32. 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. 33. 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. 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. 37. Owner shall provide a "Heavy Truck Traffic Plan" to be followed by any vehicle or equipment over 8000 GVWR. The plan shall show all designated routes and hours of operation. The heavy truck traffic routes shall maximize use of highways and major arterials while minimizing use of smaller residential streets. The plan will also cite that compression braking is prohibited everywhere in Ada County. Owner is responsible for communicating the approved plan to all sub-contractors and for monitoring compliance. 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-04-21/PPUD-04-21/PP-06-21) 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 Basin Subdivision 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 Basin Subdivision is designed to be harmonious with the Legacy development of which it is a part and designed to be in conformance with the executed development agreement associated with the site; and c. That the development will not be hazardous or disturbing to existing or future neighborhood uses. Snoqualmie Basin Subdivision is proposed to be developed in a manner harmonious with existing and future uses in the immediate vicinity; and Page 21 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 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 a mixed residential and commercial development. It is not anticipated that any uses or activities will be detrimental to the surrounding properties upon completion of the site work. Snoqualmie Basin Subdivision will be served by North Palmer Lane (collector), West Floating Feather Road(collector), and an internal street network;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. Snoqualmie Basin Subdivision will be served by North Palmer Lane (collector) and West Floating Feather Road (collector). 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 Eagle Sewer District, City of Eagle Municipal Water, and Ada County Highway District; and g. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. The development will contain a minimum of 31.6% of open space (based on residential area). The common lots will include a 1.63-acre common area which is designed to maintain the majority of the existing trees and provide a pathways for use by the residents. Also, Snoqualmie Basin Subdivision is a phase of the Legacy development which is comprised of several ponds, open areas, recreational amenities, and a pathway network which provides public and private connectivity throughout the development; and h. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. The development will include a stub street to the adjacent undeveloped parcels to the west which will provide intra-neighborhood connectivity. Access to the development will be provided from West Floating Feather Road and North Palmer Lane. The design and construction of the roadways and entrances is regulated 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. The applicant has proposed a centralized common area to preserve the existing large trees and wetlands located within the site;and j. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. The proposed development fits well with the comprehensive plan since the plan calls for Neighborhood Residential. The development will contain a variety of housing types to accommodate residents with varying lifestyle needs and a small commercial area as allowed through the development agreement; and Page 22 of 25 K:\Planning Dept\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf doc 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 applicant has requested approval of a conditional use permit, preliminary development plan, and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as will be required to meet the conditions herein. In addition, the developer will be required to submit an application for design review and comply with all Eagle City Codes and conditions of approval of the design review; and 1. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. The development provides a mix of single-family residential and commercial uses. The commercial portion of the development will provide employment opportunities and access to restaurants, shops, and services for the residents of the development and the surrounding area. The proposed deviations from any standard district regulations are permitted through the executed development agreement. The applicant is required to submit a design review applications for the subdivision and commercial buildings to be reviewed and approved by the Design Review Board prior to submittal of a final plat application. 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 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. Open Space The portion of the development will contain a minimum of 31.6% of passive and active open space. Since it is a part of the overall Legacy development the residents of this subdivision will have access to the open space amenities contained within the overall development. The Legacy development contains a three-hole golf course, swimming pools, soccer fields, tennis courts, and pathways which provide the public safe and efficient ways to move through the development. The Page 23 of 25 K:\Planning Depl\Eagle Applications\Preliminary Development Plans\2021\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc 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 the Legacy Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and maintained by the respective agencies. Schools Snoqualmie Basin Subdivision is located within the West Ada School District boundaries. Solid Waste Collection Solid waste collection is provided by Republic Services through a contract with the City of Eagle. 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 $329,545.00/annually (with Homeowner's Exemption). p. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. The extension of public utilities and the construction of the roads will all be borne by the developer at no cost to the public. The developer provides the services in the initial stages of development;therefore,the public service providers avoid potential liability and expenses. For a request of up to 10% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial,public, and quasi-public uses that are not allowed in the land use district): q. That the uses are appropriate with the residential uses. The four (4) commercial lots are located at the southeast corner of the subdivision adjacent to North Palmer Lane. Access is provided from North Palmer Lane by West Frenchglen Street. These facilities will serve the residential uses within the Legacy development and allow the project to have a level of self-sufficiency. r. That the uses will serve principally the residents of the PUD. Snoqualmie Basin Subdivision is the last phase of the Legacy development. Snoqualmie Basin Subdivision contains 2.31-acres of commercial uses and is the only phase of the development which contains a commercial component. The executed development agreement associated with the Legacy development allows for up to five (5) acres of commercial uses. The commercial area is designed to serve the overall Legacy development consisting of 623.9-acres with a total of 1,214 residential lots. Page 24 of 25 K.\Planning Dept\Eagle Applications\Preliminary Development Plans\202l\Snoqualmie Basin Sub\Snoqualmie Basin Sub ccf.doc s. That the uses are planned to be an integral part of the PUD. The commercial uses permitted within the executed development agreement are designed to provide uses which will provide services for the residents residing within the Legacy development. t. That the uses are located and designed to provide direct access to a collector or arterial street. The subdivision is designed so that the commercial lots are the first lots which gain access from North Palmer Lane(collector)off of West Frenchglen Street. u. That the proposed street connection will not create congestion or traffic hazards. Since the commercial lots are located at the southeast corner of the subdivision and adjacent to North Palmer Lane it will prevent traffic from impacting the residential portion of the subdivision. DATED this 30th day of November,2021. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Jaso Pierce,Mayor %%%tIS,,,,I/fl•, jEST: ••.O EAC(F , , �'A., r• OfiATF~•. Q s y E. 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