Findings - CC - 2017 - CU-06-17/PPUD-03-17/PP03-17 - Conditional Use Permit, Preliminary Development Plan, PpBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR SNOQUALMIE FALLS SUBDIVISION
NO. 10 FOR BRAHMA, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-06-17/PPUD-03-17/PP-03-17
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle City Council for their action on August 22, 2017, 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:
Brahma, LLC, represented by Justin Martin, is requesting conditional use permit, preliminary
development plan, and preliminary plat approvals, for Snoqualmie Falls Subdivision No. 10, a
166 -lot (139 -buildable, 26 -common, and 1 -sewer pump station lot) residential planned unit
development. The 74.57 -acre site is located on the east side of North Palmer Lane approximately
1,875 -feet south of the intersection of North Palmer Lane and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Tuesday,
April 11, 2017, in compliance with the application submittal requirement of Eagle City Code. The
applications for this item was received by the City of Eagle on May 26, 2017. A revised
preliminary plat and development plan was received by the city on June 21, 2017. A second
revised preliminary plat and development plan was received by the city on July 3, 2017.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on June 23, 2017. 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 June 20, 2017. Requests for agencies'
reviews were transmitted on June 9, 2017, in accordance with the requirements of the Eagle City
Code. The site was posted in accordance with the Eagle City Code on June 29, 2017.
Notice of Public Hearing on the application for the Eagle City Council was published in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on
August 5, 2017. Notice of this public hearing was mailed to property owners within three -hundred
feet (300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on August 2, 2017. The site was posted in accordance with the
Eagle City Code on August 8, 2017.
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D. HISTORY OF PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat for the
Legacy Planned Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On August 28, 2007, the City Council approved the fmal development plan and fmal plat for
Mosca Seca Subdivision Phases No. 1 & No. 2 (FPUD-01-07/FP-01-07/ FP -02-07).
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits 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) (RZ-13-05 MOD).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits 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 (RZ-13-05 MOD 2).
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 fmal plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010 (EXT -12-09).
On November 9, 2010, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011 (EXT -07-10).
On September 13, 2011, the City Council approved an extension of time for the preliminary plat
for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012 (EXT -06-11).
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits 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 (RZ-13-05 MOD 3).
On August 24, 2012, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 1 (a portion of Mosca Seca Subdivision No. 3) (FPUD-01-
12/FP-01-12).
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office
On January 8, 2013, the City Council approved a final development plan/final plat for Snoqualmie
Falls Subdivision No. 2 (a portion of Mosca Seca Subdivision No. 3) (FPUD-02-12/FP-04-12).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved Snoqualmie Falls Subdivision No. 3 (a portion of
Mosca Seca Subdivision No. 3) (FPUD-02-13/FP-06-13).
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On September 10, 2013, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 4 (CU-03-
13/PPUD-03-13/PP-05-13).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 fmal plat was recorded at the
Ada County Recorder's office.
On January 14, 2014, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 5 (CU -08-
13 /PPUD-07-13 /PP -12-13 ).
On January 28, 2014, the City Council approved a final development plan/fmal plat for
Snoqualmie Falls Subdivision No. 4 (FPUD-05-13/FP-14-13).
On January 19, 2014, the Design Review Board approved the common area landscaping within
Snoqualmie Falls Subdivision No. 4 (DR -68-13).
On March 25, 2014, staff approved a modification to the common area landscaping within
Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD).
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.
On February 24, 2015, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls No. 6 planned unit development
(CU-06-14/PPUD-06-14/PP-09-14).
On March 26, 2015, the Design Review Board approved the common area landscaping with
Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On April 28, 2015, the City Council approved the final development plan/fmal plat for
Snoqualmie Falls Subdivision No. 6 (FPUD-04-15/FP-05-15).
On October 28, 2015, the Snoqualmie Falls Subdivision No. 6 final plat was recorded at the Ada
County Recorder's office.
On June 9, 2015, the City Council approved the fmal development plan/fmal plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15/FP-06-15).
On June 23, 2016, the Design Review Board approved a modification to the common area
landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD2).
On July 20, 2016, the Snoqualmie Falls Subdivision No. 7 fmal plat was recorded at the Ada
County Recorder's Office.
On September 8, 2015, the City Council approved the fmal development plan/final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-06-15/FP-09-15).
On January 28, 2016, the applicant submitted a fmal development plan/fmal plat application for
Snoqualmie Falls Subdivision No. 9 (FPUD-01-16/FP-01-16).
On August 22, 2016, staff approved a design review modification to relocate playground
equipment within Snoqualmie Falls Subdivision from Phase No. 7 to Phase No. 4 (DR -06-15
MOD).
On December 6, 2016, staff approved a modification to the common area landscaping at the
entrance to Snoqualmie Falls Subdivision No. 8 (DR -06-15 MOD2).
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On December 8, 2016, the Design Review Board approved a covered bridge structure to be
constructed within Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD3).
On December 30, 2016, the Snoqualmie Falls Subdivision No. 8 final plat was recorded at the Ada
County Recorder's Office.
On March 29, 2017, stair approved a modification to the common area landscaping within
Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD4).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
Existing
Proposed
North of site
South of site
East of site
West of site
COMP PLAN
DESIGNATION
Residential Two
No Change
Residential Two
Residential Two
Residential Two
Residential Two
ZONING LAND USE
DESIGNATION
R -2 -DA -P (Residential Agricultural
with a development
agreement — PUD)
No Change
R -2 -DA -P (Residential
with a development
agreement — PUD)
RUT (Rural -Urban
Transition — Ada County
designation)
R -2 -DA -P (Residential
with a development
agreement — PUD)
RUT (Rural -Urban
Transition — Ada County
designation)
Single -Family, Residential
Planned Unit Development
Snoqualmie Falls
Subdivision No. 5 and
proposed Snoqualmie Falls
Subdivision No. 9
Agriculture and Single -
Family Residential (Lincoln
Park Subdivision)
Snoqualmie Falls
Subdivisions No. 6-7
Agricultural
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site — 74.57 -acres
Total Number of Lots — 166
Total Number of Units -
Residential —139
Commercial — 0
Industrial — 0
Common —26
Sewer pump station —1
Single-family — 139
Duplex — 0
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Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Total Acreage of Common Area
Open Space
Proposed Required
1.86 -dwelling units per acre
9,635 -square feet
70 -feet
0 -feet
21.48 -acres
Percent of Site as Common Area 28.7%
Open Space
I. GENERAL SITE DESIGN FEATURES:
Up to 2.20 -dwelling units
per acre maximum
(pursuant to the executed
development agreement)
3,800 -square feet
75 -feet
35 -feet
14.97 -acres
20%
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.
Landscape Screening:
The preliminary plat, date stamped by the city on July 3, 2017, shows the common lots located
adjacent to N. Palmer Lane to be a minimum of 126 -feet in width. The typical street section (half -
section) for N. Palmer Lane shows a maximum 10 -foot high berm located within the common lots.
Pursuant to the executed development agreement (Instrument No. 106161990), a 35 -foot wide
landscape buffer is required adjacent to all collector roads on the property pursuant to Eagle City
Code 8-2A-7.
Open Space:
A total of 21.48 -acres (28.55% [14% - active, 86% - passive]) of common area is proposed within
the planned unit development. The overall active open space percentage within the Legacy
development is 33.7%. The common area is a combination of five (5) large pond areas, the buffer
area located adjacent to North Palmer Lane, the pathway area located adjacent to southern
boundary of the development, and several common lots located adjacent to the streets and comer
lots. The residents of the development will also have access to the golf course, tennis courts,
soccer fields, swimming pools, tot lots, and other pathways located within the Legacy
development.
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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 fmal plat. The plans are to show how swales, or drain
piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to
be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development. The applicant provided a preliminary plat and development plan, date
stamped by the city on June 21, 2017, which contains separate plat notes that reference the front
and rear property lines have a 12 -foot wide utility easements respectively. The preliminary plat and
development plan also contains a separate plat note referencing that the interior side lot lines have
a 5 -foot wide easement for public utilities, property drainage, and pressurized irrigation.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by the City of Eagle Municipal Water System.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the city on July 3, 2017, shows a typical street section with a
60 -foot right-of-way inclusive of a 33 -foot wide roadway section (as measured from back of curb
to back of curb) with two -foot wide rolled curbing, eighth -foot wide landscaping strips and five-
foot wide separated sidewalks located on each side of the street. The street section also shows 0.5 -
feet located within the right-of-way between the back of sidewalk and the property line.
The typical island street section (proposed on W. Panco Street at the entrance from N Palmer
Lane) shows an 81 -foot right-of-way inclusive of two (2) 21 -foot wide roadway sections (as
measured from back of curb to back of curb) with vertical curbing, a 12 -foot wide planter island,
eight -foot wide landscaping strips and five-foot wide detached sidewalks located on each side of
the street. The street section also shows 0.5 -feet located within the right-of-way between the back
of sidewalk and the property line.
The typical street section (half -section) (N. Palmer Lane) shows a 25 -foot half width right-of-way
inclusive of a 23.5 -foot roadway section (as measured from back of curb) with vertical curbing,
eight -foot wide planter strip and 10 -foot detached sidewalk. A portion of the planter strip (6.5 -feet)
and the 10 -foot wide detached sidewalk are located outside of the right-of-way.
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Applicant's Justification for Private Streets (if proposed): None proposed
Blocks Less Than 500': None.
Cul-de-sac Design:
The preliminary plat, date stamped by the city on July 3, 2017, shows one cul-de-sac. The
preliminary plat shows N. Longhorn Avenue to be 640 -feet in length, 50 -foot radius (measured to
back of curb), 40 -foot travel lane (measured from back -of -curb to back -of -curb), and a planter
island with a 10 -foot radius.
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located
within the proposed right-of-way on both sides of all interior public roadways.
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 fmal 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 final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways:
In addition to the proposed sidewalks located within the subdivision the applicant is proposing a
10 -foot wide pathway located adjacent to the southern boundary of the development between the
eastern boundary of the subdivision and N. Alidade Avenue.
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.
The site contains an Eagle Sewer District lift station located at the southwest corner of the site.
The applicant is proposing to plat and dedicate Lot 5, Block 18, to the Eagle Sewer District to
contain the facility within a platted lot.
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
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Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated June 19, 2017 are of special
concern (attached to the staff report).
Ada County Highway District
Central District Health Department
COMPASS (Communities in Motion 2040 Development Checklist)
Department of Environmental Quality
Eagle Fire Department
Idaho Department Fish and Game
Tesoro Logistics NW Pipeline
Q. LETTERS FROM THE PUBLIC (attached to the staff report):
Email correspondence received from Christine Cooper, dated June 30, 2017.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in four (4) separate phases.
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.
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted February 15, 2015), designates this site as the following:
Residential Two
Suitable primarily for single family residential development within areas that are rural in character. An
allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors, arterials,
freeways, or expressways, to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
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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 collector or rural collector on the transportation and
network plan in the Eagle Comprehensive Plan.
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall be
provided with the following plants per one hundred (100) linear feet of right of way: four
(4) shade trees, five (5) evergreen trees, and twenty four (24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent (50%) of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall be
three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall is to be provided
in combination with the berm, a four foot (4') wide flat area shall be provided for the
placement of the decorative wall. Chainlink, cedar, and similar high maintenance and/or
unsightly fencing shall not be permitted.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side lot
lines. Total easement width shall not be less than twelve feet (12'), except that lesser easement
widths, to coincide with respective setbacks, may be considered as part of the planned unit
development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility easement
along side lot lines or as required by the city council. Total easement width, including the
utility easement, shall not be less than twelve feet (12'), except that lesser easement widths, to
coincide with respective setbacks, may be considered as part of the planned unit development.
• Eagle City Code Section 9-3-10: 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 9-4-1-5: Streetlights:
All subdividers within the city limits and within the area of city impact shall be required to install,
at the subdividers' expense, streetlights in accordance with city specifications and standards at
locations designated by the "administrator" (as defined by Section 9-1-6 of this title, or his/her
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representative, hereinafter referred to as "administrator"). After installation and acceptance by the
administrator, the city shall have the right to pay the cost of maintenance and power and assume
ownership of the streetlights.
• Eagle City Code Section 9-4-1-12: Landscape Buffer Areas:
Landscape buffer areas, in accordance with section 8-2A-7 of this code, shall be required for the
protection of residential properties from streets classified as collectors, arterials,
freeways/expressways, waterways, railroad rights of way or other features. Subdivision plats shall
show the location of all buffer areas.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH 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.
(Development Agreement Modification Instrument No. 113024773)
3.4.4 Open Space
3.4.4.1 At least 20% of the Original Property shall be reserved as open space. The application
for any preliminary plat shall contain, in addition to all requirements of the Eagle City
Code, a land use summary that demonstrates that the number of acres of existing open
space, together with the number of acres of open space in the submitted preliminary plat
application maintains the minimum 20% open space requirement, pursuant to Eagle City
Code.
3.4.4.2 The Open Space shall include the following:
• Ten acres of community park land;
• At least one tot lot for each phase depicted on Exhibit A hereto;
• 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
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homeowners or neighborhood associations, or any recreational association
established to maintain a particular open space for recreational use, all as
more particularly set forth in the Community Charter for Legacy, Instrument
No. 108048693, records Ada County, Idaho, and/or the Declaration of
Recreational Covenant, Instrument No. 108048694, and any modifications
thereto.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south and east
to west through the Property shall be dedicated to Eagle. The specific
location, easement language, design, and construction plans of the pathway
shall be approved by the Eagle City Council prior to the City Engineer signing
the final plat for the Property.
3.4.4.2.4 All regional pathways dedicated to Eagle shall be located within a minimum
20 -foot wide easement and contain paved pathways of at least 10 -feet in
width, and all micro -pathways designed for primary use by the residences of
the Property shall be located within a minimum 16 -foot wide easement and
contain paved pathways of at least 6 -feet in width, with all paved pathways
being constructed to Eagle's pathway standards_
3.4.4.3 All open space areas are subject to Eagle's design review process and standards set forth
in Eagle City Code Section 8-2A and Section 9-4-1-6 (D) Pathway Design.
E. DISCUSSION (based on the preliminary plat and development plan, date stamped by the city on July
3, 2017):
• The proposed Snoqualmie Falls Subdivision No. 10 is located within the Legacy development.
The Legacy development was approved with a development agreement (RZ-13-05) and a planned
unit development. The executed development agreement established the maximum density,
required setbacks, and design standards for the development. The executed development
agreement modification (Instrument No. 113024773) contains a Legacy 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 Legacy Master Plan designates the areas within this proposed
subdivision as approximately 150 residential lots consisting of the following project types: 31
(5,000 — 8,000 square feet), 95 (8,000 — 12,000 square feet), and 24 (Estate Lots 12,000+ square
feet minimum lot size) respectively. The Snoqualmie Falls Subdivision No. 10 preliminary plat
consists of 139 residential lots inclusive of 101 (8,000 — 12,000 square feet) and 38 (12,000+
square feet) product type lots. There are no 5,000 — 8,000 square foot lots proposed within this
phase of the development.
The Legacy Master Plan identifies a 3.5 -acre park area located within this phase of the
development. The park area shown on the exhibit is shown to be located within the northern area
of Phase 10-D as identified on the preliminary plat. The required buffer area common lots located
adjacent to North Palmer Lane and the common lots containing the proposed ponds includes
approximately 20.49 -acres (27.4%) of the site. Pursuant to the development agreement the
development is to include a minimum of 10 -acres of community park land which is shown on the
Legacy Master Plan as being dispersed throughout the development in pocket park areas. The
applicant is creating a centralized park area, which, to date, consists of a tot lot, tennis courts, and
soccer fields. The applicant is currently constructing a swimming pool and pool house within the
centralized park area and will be constructing a gym in the near future. The existing development
already contains a swimming pool and pool house within the first phase (Mosca Seca Subdivision
No. 1) and a tot lot area within the second phase (Mosca Seca Subdivision No. 2). The area
associated with the aforementioned amenities consists of approximately 10 -acres. The
development agreement also requires that each phase contains at least one tot lot. The applicant
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should be required to provide a revised preliminary plat and development plan showing a common
lot containing a tot lot. The revised preliminary plat and development plan should be provided
prior to submittal of a design review application.
• The landscape plan, date stamped by the city on May 26, 2017, does not identify fencing located
adjacent to the common lots. Pursuant to Eagle City Code Section 9-3-10, 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 of other similar decorative style, durable fencing material. The
applicant should be required to provide a revised landscape plan, with the design review
application, showing open style fencing located adjacent to the common areas. The design review
application should be reviewed and approved by the Design Review Board prior to submittal of
the fmal development plan/fmal plat applications.
• The preliminary plat shows 15 -common lots (Lots 46 and 50, Block 6, Lots 3, 38, and 42, Block
12, Lot 19, Block 13, Lots 18 and 23, Block 14, Lots 6, 9, 17, and 22, Block 16, Lots 6, 9, 17, and
22, Block 17, and Lot 1, Block 18) at five -feet (5') in width located between the street and
buildable lots. The purpose of the common lots is to allow a building to be constructed utilizing an
interior side yard setback instead of a street side setback. Based on the narrow width of the
common lot, a structure could be constructed within 10 -feet of the sidewalk. The applicant should
provide a revised preliminary plat and development plan showing Lots 46 and 50, Block 6, Lots 3,
38, and 42, Block 12, Lot 19, Block 13, Lots 18 and 23, Block 14, Lots 6, 9, 17, and 22, Block 16,
Lots 6, 9, 17, and 22, Block 17, and Lot 1, Block 18, to be a minimum of 10 -feet in width adjacent
to the street. The revised preliminary plat and development plan should also contain a new note
that states, "Driveways are prohibited across all common lots, including the ten foot (10') wide
common lot located between the street and the buildable lots." The revised preliminary plat and
development plan should be provided prior to submittal of the fmal development plan/fmal plat
applications.
• The preliminary plat and development plan shows a proposed seepage bed for street drainage
located within Lot 35, Block 6. The preliminary plat does not contain a plat note regarding ACRD
storm drainage easements. The applicant should be required to provide a revised preliminary plat
and development plan with a new plat note identifying Lot 35, Block 6, is servient to and contains
an ACHD storm water drainage system. The revised preliminary plat should be provided prior to
submittal of the fmal development plan/fmal plat applications.
• The preliminary plat and development plan does not show a street light located at the corner of
West Biathlon Street and North Triathlon Avenue. The applicant should be required to provide a
revised preliminary plat and development plan showing a street light located at the corner of West
Biathlon Street and North Triathlon Avenue. The revised preliminary plat and development plan
should be provided prior to submittal of the fmal development plan/final plat applications.
• The preliminary plat and development plan shows easements associated with Middleton Mill
Ditch, Drainage District No. 2, and the Eagle Sewer District. The applicant should be required to
provide a revised preliminary plat and development plan with new separate plat notes identifying
the lots and blocks associated with the easements and/or license agreements associated with
Middleton Mill Ditch Company, Drainage District No. 2, and the Eagle Sewer District. The
revised preliminary plat and development plan should be provided prior to submittal of the fmal
development plan/final plat applications.
• The proposed development is a portion of the Legacy development. The Legacy development is
controlled by a community charter which contains the development's CC&Rs. The applicant
should be required to provide a revised preliminary plat and development plan with a new plat
note which states, "This subdivision is subject to the terms and conditions of the Community
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Charter for Legacy, Instrument No. 108048693 and any subsequent modifications." The revised
preliminary plat and development plan should be provided prior to submittal of the final
development plan/fmal plat applications.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the conditional use permit,
preliminary development plan and preliminary plat with the 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 applications came before the Eagle Planning and Zoning Commission for their
recommendation on July 10, 2017, 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 application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by two (2) individuals who indicated and/or requested the following:
• They support not connecting a street from the proposed development to North Longhorn Avenue.
• A concern that dogs from the proposed development may harass the livestock located within the
Lincoln Park Subdivision.
• The water required to maintain the level of the proposed ponds may affect the existing potable
wells located within Lincoln Park Subdivision.
• The applicant should be required to construct solid privacy fencing located adjacent to the
common boundary shared with the proposed subdivision and Lincoln Park Subdivision.
COMMISSION DELIBERATION: (Granicus time 00:57:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The applicant should be required to provide solid fencing located adjacent to Lincoln Park
Subdivision.
• The water being utilized for the ponds comes from surface water and should not affect the adjacent
wells.
• The development should not have access to North Longhorn Avenue located within Lincoln Park
Subdivision.
COMMISSION DECISION:
The Commission voted 3 to 0 (Smith and Koellisch absent) to recommend approval of CU-06-17/PPUD-
03-17/PP-03-17 for Snoqualimie Falls Subdivision No. 10 for Brahma, 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 August 8, 2017.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on August 22, 2017, at which
time testimony was taken and the public hearing was closed. The Council made their decision at that
time.
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B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by no one.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City
Council by three (3) individuals who indicated and/or requested the following:
• The length of the fence required to be located adjacent to Lincoln Park Subdivision should extend
the length of the subdivision.
• The solid style privacy fence should be placed adjacent to Lincoln Park Subdivision.
• There have been issues with construction traffic within the other phases within Snoqualmie Falls
Subdivision. Construction traffic should be routed through another area of the development.
• What is the timing of completion of connecting Nordic Drive to Palmer Lane?
• Will the phases be developed from east to west or west to east?
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-06-17/PPUD-03-17/PP-03-17 for Snoqualmie Falls Subdivision
No. 10 (Preliminary Plat — Exhibit "A") for Brahma, 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:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all 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). A six-foot (6') high privacy fence shall be constructed adjacent to the
common boundary with Lincoln Park Subdivision prior to the City Clerk signing the final plat. The
style of fence shall be selected by the applicant in conjunction with the adjacent property owners and
shall be reviewed and approved by the City Council with the final plat application.
5. 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.
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6. 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 fmal plat the applicant shall either install the
required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy
development associated with Horseshoe Flats, LLC. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. 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.
7. 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.
8. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site. The final plat shall contain a plat note
referencing the ACHD license agreement and associated Ada County instrument number.
9. In lieu of providing a tot lot within this phase of the development the applicant shall be required to
provide additional playground equipment located within Lot 20, Block 6, Snoqualmie Falls
Subdivision No. 4 prior to the City Clerk signing the fmal plat.
10. Provide a revised preliminary plat showing Lots 46 and 50, Block 6, Lots 3, 38, and 42, Block 12, Lot
19, Block 13, Lots 18 and 23, Block 14, Lots 6, 9, 17, and 22, Block 16, Lots 6, 9, 17, and 22, Block
17, and Lot 1, Block 18, to be a minimum of 10 -feet in width adjacent to the street. The revised
preliminary plat shall also contain a new plat note that states, "Driveways are prohibited across all
common lots, including the ten foot (10') wide common lot located between the street and the
buildable lots." The revised preliminary plat and development plan shall be provided prior to submittal
of the fmal development plan/fmal plat applications.
11. Provide a revised preliminary plat with a new plat note identifying Lot 35, Block 6, is servient to and
contains an ACRD storm water drainage system. The revised preliminary plat shall be provided prior
to submittal of the fmal development plan/final plat applications.
12. Provide a revised preliminary plat and development plan showing a street light located at the corner of
West Biathlon Street and North Triathlon Avenue. The revised preliminary plat and development plan
shall be provided prior to submittal of the fmal development plan/fmal plat applications.
13. Provide a revised preliminary plat and development plan with new separate plat notes identifying the
lots and blocks associated with the easements and/or license agreements associated with Middleton
Mill Ditch Company, Drainage District No. 2, and the Eagle Sewer District. The revised preliminary
plat and development plan shall be provided prior to submittal of the fmal development plan/fmal plat
applications.
14. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
15. 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.
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16. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the Legacy Homeowner's Association is responsible for all maintenance of the common
landscape areas in the subdivision. The CC&Rs for the Legacy Homeowner's Association shall
provide that the association shall have the duty to maintain and operate all of the common landscape
areas in the subdivision in a competent and attractive manner, including the watering, mowing,
fertilizing and caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity.
17. Provide a revised preliminary plat and development plan with a new plat note which states, "This
subdivision is subject to the terms and conditions of the Community Charter for Legacy, Instrument
No. 108048693 and any subsequent modifications." The revised preliminary plat and development
plan shall be provided prior to submittal of the final development plan/final plat applications.
18. The applicant shall place a note on the final plat that the pressurized irrigation system is to be owned
and maintained by the Homeowner's Association.
19. Snoqualmie Falls Subdivision No. 10 shall remain under the control of one Homeowners Association.
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 plat and development plan shall be transferred to the
final plat prior to submittal of the fmal development plan/final plat applications.
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 fmal plat (LC. 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 fmal 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
tile or other like satisfactory underground conduit to permit the delivery of water to those
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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 fmal 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 fmal
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.
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I 5. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the fmal 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 fmal 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 fmal 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 fmal plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
2] . 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.
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23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of
City Council consideration of the fmal plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the fmal 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 fmal
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 fmal plat has received the approval of the
City Council (ECC 9-6-5 (A) (2)).
After Council approval of the fmal 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 fmal plat. The fmancial
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 fmal plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the fmal plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
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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 fmal plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard
surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU-06-17/PPUD-03-17/PP-03-17) and based
upon the information provided concludes that the proposed development is in accordance with the City
of Eagle Comprehensive Plan and established goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the
community and neighborhood, and will not be detrimental to the economic welfare of the
community.
Snoqualmie Falls Subdivision No. 10 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;
b. That the development be designed, constructed, operated and maintained to be harmonious
and appropriate in appearance with the existing or intended character of the general vicinity
and how such use will not change the essential character of the same area.
The Snoqualmie Falls Subdivision No. 10 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;
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Snoqualmie Falls Subdivision No. 10 is proposed to be developed in a manner harmonious
with existing and future uses in the immediate vicinity;
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Snoqualmie Falls Subdivision No. 10 will be served by
North Palmer Lane (designated as a collector) and an internal street network located within the
Legacy development;
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense;
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f. That the development will not create excessive additional requirements at public cost for
public facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer, City of Eagle Water Department, or
highway district;
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
This development plan is part of a larger development plan that is designed with consideration
given to open space, ponds, recreational amenities (i.e. golf course, soccer fields, tennis courts,
and pedestrian pathways);
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include stub streets to the adjacent parcels which will provide intra -
neighborhood connectivity upon development of the adjacent properties. Access to the
development will be from North Palmer Lane. The design and construction of the roadways
and entrances is guided by the Ada County Highway District;
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site;
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for
Residential Two (up to two (2) units per acre) and will provide a variety of housing types to
accommodate residents with varying lifestyle needs;
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
This developer has requested approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the 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;
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
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:
g.
.J.
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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 Oven Space
The development will contain a minimum of 20% of passive and active open space (pursuant
to the development agreement) providing the residents a variety of recreation options from
which to choose. A greenbelt pathway will provide the public a safe and efficient way to move
through the development. The project will also generate park impact fees to be utilized for the
creation of additional parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by Legacy Development
Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
Schools
Snoqualmie Falls Subdivision No. 10 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 $56,000/annually (with Homeowner's Exemption).
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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.
DATED this 12th day of September, 2017
CITY COUNCIL
OF THE CITY OF EAGLE
Ada minty, Idah
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Ci Clerk
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