Findings - PZ - 2017 - CU-08-17/PPUD-04-17/PP-04-17 - Conditional Use, Prelim Development Plan And Pp Application Snoqualmie River SubdivisonBEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
5 DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR SNOQUALMIE RIVER SUBDIVISION
FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
10 CASE NUMBER CU-08-17/PPUD-04-17/PP-04-17
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle Planning and Zoning Commission for their recommendation on October 16, 2017,
at which time public testimony was taken and the public hearing was closed. The Commission, having
heard and taken oral and written testimony, and having duly considered the matter, makes the following
15 Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
White Sturgeon, LLC, represented by Justin Martin, is requesting conditional use permit,
preliminary development plan, and preliminary plat approval for Snoqualmie River Subdivision,
20 an 82 -lot (70 -buildable, 12 -common) residential planned unit development. The 26.69 -acre site is
located on the west side of North Palmer Lane approximately 800 -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 Wednesday,
25 August 16, 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 August 21, 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
30 City Code on September 29, 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 September 25, 2017. Requests for
agencies' reviews were transmitted on August 29, 2017, in accordance with the requirements of the
Eagle City Code. The site was posted in accordance with the Eagle City Code on October 4, 2017.
35 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 final development plan and final plat for Mosca
40 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).
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5
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 final plat was recorded at the Ada County
10 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).
15 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
20 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
25 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.
30 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).
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).
35 On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final 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 ).
40 On January 28, 2014, the City Council approved a final development plan/final 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).
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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.
5 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).
10 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/final 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
15 County Recorder's office.
On June 9, 2015, the City Council approved the final development plan/final 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).
20 On July 20, 2016, the Snoqualmie Falls Subdivision No. 7 final plat was recorded at the Ada County
Recorder's Office.
On September 8, 2015, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 8 (FPU1]-06-15/FP-09-15).
On January 28, 2016, the applicant submitted a final development plan/final plat application for
25 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).
30 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, staff approved a modification to the common area landscaping within
35 Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD4).
On August 22, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls No. 10 planned unit development (CU-06-
17/PPUD-03-17/PP-03-17).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
5
10
Existing
COMP PLAN
ZONING
DESIGNATION DESIGNATION
Residential Two
Proposed No Change
North of site
South of site
East of site
West of site
Residential Two
Mixed Use
Residential Two
Residential Two
R -2 -DA -P (Residential
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)
LAND USE
Agricultural
Single -Family, Residential
Planned Unit Development
Agricultural
Agriculture and Single -
Family Residence
Palmer Lane and proposed
Snoqualmie Falls
Subdivision No. 10
Agricultural
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
SITE DATA:
Total Acreage of Site — 26.69 -acres
Total Number of Lots — 82
Total Number of Units - 70
Residential — 70
Commercial — 0
Industrial — 0
Common — 12
Single-family — 70
Duplex — 0
Multi -family — 0
15 Total Acreage of Any Out -Parcels — 0
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
Proposed Required
2.62 -dwelling units per acre Up to 2.20 -dwelling units
(this phase) per acre maximum
2.20 -dwelling units per acre (pursuant to the executed
(overall) development agreement)
6,312 -square feet
58 -feet
0 -feet
Total Acreage of Common Area 6.90 -acres
Open Space
3,800 -square feet
75 -feet
35 -feet
5.34 -acres*
Percent of Site as Common Area 27.8% 20%
Open Space
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 calculation does not include the area of the lots associated with the shared driveways.
1. GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The preliminary plat, date stamped by the city on August 21, 2017, shows the common lots located
5 adjacent to N. Palmer Lane to be a minimum of 103 -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 in accordance with Eagle
City Code 8 -2A -7(J).
10 Open Space:
A total of 6.90 -acres (27.8%) of common area open space is proposed within the planned unit
development. The common area is a combination of one (1) large pond area, 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 corner lots. The residents
15 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. Based on the prior
approvals associated with the Legacy development and the subject proposed subdivision the
subdivisions will consist of a total of 156.42 -acres (35.37%) of common area of which 53.07 -acres
(33.9%) is active open space.
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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 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
5 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
10 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 August 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
15 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
20 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
25 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 August 21, 2017, shows a typical street section
30 with a 63 -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
2 -feet located within the right-of-way between the back of sidewalk and the property line.
The typical island street section (proposed on W. Decathlon Street at the entrance from N Palmer
35 Lane) shows an 84 -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 2 -feet located within the right-of-way between the back of
sidewalk and the property line.
40 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.
Applicant's Justification for Private Streets (if proposed): None proposed.
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Blocks Less Than 500': None.
Cul-de-sac Design: None proposed.
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:
10 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 final plat approval.
Street Names:
15 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
20 10 -foot wide pathway located adjacent to the southern boundary of the development between the
western boundary of the subdivision and N. Palmer Lane.
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.
25 L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
30 Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
35 Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
40 O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
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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 September 21, 2017 are of special
5 concern (attached to staff report).
Ada County Highway District (ACHD)
Andeavor (formerly known as Tesoro Logistics)
Boise River Flood Control District #10
Central District Health Department
10 City of Eagle Parks and Recreation Department
Drainage District #2 (Represented by Sawtooth Law Offices, LLP)
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
15 Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR TME DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in one (1) phase.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
20 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.
25 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.
30 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.
35 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.
40 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.
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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
5 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.
10 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
15 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 TIIIS PROPOSAL:
20 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.
25 An allowable density of up to 2 units per 1 acre.
B. ZONING ORDINANCE PROVISIONS WIIICH 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
30 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
35 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:
40
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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
5 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
10 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,
15 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
20 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,
25 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
30 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.
35 D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Original Development Agreement Instrument No. 106161990)
3.1 Concept Plan Amendment. The Concept Plan referred to in Section 3.1 of the
Development Agreement shall, with respect to the Applicant's Property, refer to the
40 Revised Concept Plan attached hereto as Exhibit B. The development of the Applicant's
Property shall be generally consistent with the Revised Concept Plan attached hereto;
provided however it is the intent of this Second Amendment to allow flexibility at the time
preliminary plats are submitted to the City, so long as the general intent of the Concept
Plan and the requirements set forth in the Development Agreement, as amended, are met.
45
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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
10 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
15 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:
20 • 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
25 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
30 • Up to five acres of school site can be included as Open Space
35
40
3.4.4.2.1 All Open Space shall comply with the Eagle City Code in effect at
the time of the preliminary plat application including such area.
3.4.4.2.2 All Open Space with the exception of that included within school
sites shall be maintained by Legacy Community Association, Inc.,
any successor homeowners or neighborhood associations, or any
recreational association established to maintain a particular open
space for recreational use, all as more particularly set forth in the
Community Charter for Legacy, Instrument No. 108048693,
records Ada County, Idaho, and/or the Declaration of Recreational
Covenant, Instrument No. 108048694, and any modifications
thereto.
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5
10
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.
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_
space areas are subject to Eagle's design review process and standards
in Eagle City Code Section 8-2A and Section 9-4-1-6 (D) Pathway
3.4.4.2.4
3.4.4.3 All open
15 set forth
Design.
E. DISCUSSION (based on
August 21, 2017):
the preliminary plat and development plan, date stamped by the city on
• The proposed Snoqualmie River Subdivision is located within the Legacy development. The
20 Legacy development was approved with a development agreement (RT -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 61 residential lots consisting of the following lot types:
14 patio lots (5,000 — 8,000 square feet), 16 custom lots (8,000 — 12,000 square feet), and 31
estate lots (12,000+ square feet) respectively. The Snoqualmie River Subdivision preliminary
plat consists of 70 residential Tots inclusive of 38 patio lots and 32 custom lots. There are no
30 estate lots proposed within this phase of the development.
While the preliminary plat does not include any estate lots, the applicant's narrative includes a
spreadsheet of entitled lots to date which indicates that the overall site has 21 estate lots
remaining to meet the minimum number required throughout the Legacy development. The
overall development has 330 patio lots remaining to reach the minimum. A maximum of 625
35 lots are yet to be entitled within the Legacy development. Condition of development 3.1 of the
development agreement associated with the site indicates that the bubble plan is a guide and
that significant flexibility is granted in the overall layout of the development so long as the
quantities of the various lot sizes are consistent with the Concept Plan.
• The preliminary plat shows 7 -common lots (Lots 1 and 38, Block 1, Lots 1 and 14, Block 2,
40 and Lots 1, 5, and 17, Block 3) located between the street and buildable lots. The applicant
should provide a revised preliminary plat and development plan with a new plat note that states,
"Driveways are prohibited across Lots 1 and 38, Block 1, Lots 1 and 14, Block 2, and Lots 1,
5, and 17, Block 3." The revised preliminary plat and development plan should be provided
prior to submittal of the final development plan and final plat applications.
45
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• The preliminary plat and development plan shows a ten -foot (10') wide pedestrian pathway not
aligned with the pathway shown within Snoqualmie Falls Subdivision No. 9. Additionally, the
pathway is not accessible from the interior of the subdivision. The applicant should provide a
revised preliminary plat and development plan showing the pathway aligning with the pathway
5 shown within Snoqualmie Falls Subdivision No. 9 and showing pathway connections from
Lots 21 and 32, Block 1. Plat note #8 should be modified to indicate that Lots 21 and 32, Block
1 will provide pathway access. The required landscape buffer adjacent to North Palmer Lane
may be modified as needed to accommodate the pathway alignment. The revised preliminary
plat and development plan should be provided prior to the submittal of a design review
10 application.
• The preliminary plat and development plan does not show any easements associated with the
Middleton Mill Canal. The applicant should be required to provide a revised preliminary plat
and development plan showing an easement for the Middleton Mill Ditch and new separate
plat notes identifying the lot(s) and block(s) associated with the easement and/or license
15 agreements associated with Middleton Mill Ditch Company. The revised preliminary plat and
development plan should be provided prior to submittal of the final 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
20 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
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/final plat applications.
25 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:
30 A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on October 16, 2017, at which time public testimony was taken and the public hearing
was closed.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
35 C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by no one.
COMMISSION DELIBERATION: (Granicus time 00:32:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• There was no public opposition to the application.
40 • The proposed design was attractive and similar to previous phases of the Legacy development.
COMMISSION DECISION:
The Commission voted 3 to 0 (Johnson and Koellisch absent) to recommend approval of CU-08-17/PPUD-
04-17/PP-04-17 for Snoqualimie River Subdivision (Exhibit "A") for White Sturgeon, LLC, with the
following staff recommended site specific conditions of approval and standard conditions of approval:
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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
5 this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first. (ECC 9-2-3[C][3][1])
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing material.
Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. Chainlink
10 fencing is prohibited in the R (Residential) zoning district. Specific buffer area fences and decorative
walls may be allowed as otherwise required in ECC Section 8-2A-7 (J).
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
15 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
20 submittal of a final plat application. (ECC 8-2A-7)
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
25 sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy
development associated with Brahma, LLC. Trees shall be installed prior to obtaining any occupancy
permits for the homes. A temporary occupancy may be issued if weather does not permit landscaping.
7. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
30 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.
35 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. (ECC 9-4-1-2)
9. Provide a revised preliminary plat and development plan with a new plat note that states, "Driveways
are prohibited across Lots 1 and 38, Block 1, Lots 1 and 14, Block 2, and Lots 1, 5, and 17, Block 3."
40 The revised preliminary plat and development plan shall be provided prior to submittal of the final
development plan and final plat applications.
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10. Provide a revised preliminary plat and development plan showing the pathway along the Middleton
Mill Canal aligning with the pathway shown within Snoqualmie Falls Subdivision No. 9 and showing
pathway connections from Lots 21 and 32, Block 1. Plat note #8 should be modified to indicate that
Lots 21 and 32, Block 1, will provide pathway access. The required landscape buffer adjacent to North
5 Palmer Lane may be modified as needed to accommodate the pathway alignment. The revised
preliminary plat and development plan shall be provided prior to the submittal of a design review
application.
11. Provide a revised preliminary plat and development plan showing an easement for the Middleton Mill
Ditch and new separate plat notes identifying the lot(s) and block(s) associated with the easement and/or
10 license agreements associated with Middleton Mill Ditch Company. The revised preliminary plat and
development plan shall be provided prior to submittal of the final development plan/final plat
applications.
12. 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
15 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 final development plan/final plat
applications.
13. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat. (ECC 9-4-1-8)
20 14. The submittal of the building permit application to the City for each home within the development shall
be accompanied by an approval letter from the Architectural Control Committee (ACC). Building
permits applications that do not have an approval letter attached will not be accepted.
15. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the Legacy Homeowner's Association is responsible for all maintenance of the common
25 landscape areas in the subdivision. The CC&Rs for the Legacy Homeowner's Association shall provide
that the association shall have the duty to maintain and operate all of the common landscape areas in
the subdivision in a competent and attractive manner, including the watering, mowing, fertilizing and
caring for shrubs and trees, in accordance with Eagle City Code, in perpetuity. (ECC 9-3-8[D][4])
16. Provide a revised preliminary plat and development plan with a new plat note which states, "This
30 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.
17. 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. (ECC 9-4-1-9[C][1][a] and ECC 9-3-8[D][4])
35 18. Snoqualmie River Subdivision shall remain under the control of one Homeowners Association.
19. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future." (ECC 9-4-1-2)
20. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of the final development plan/final plat applications.
40 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,
45 curbs, gutters, streets and sidewalks.
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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
5 platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
10 Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
15 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
20 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
25 be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
30 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
3 5 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,
40 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
45 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
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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,
5 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.
10 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
15 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.
20 15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
25 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
30 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
35 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.
40 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.
45
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17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
5 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
10 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.
15 21 The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
20 23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25 25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
30 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
35 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
40 for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
45
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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
5 guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
10 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
15 any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
20 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
25 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 Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-08-17/PPUD-0-17/ PP -04-17) and
30 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 River Subdivision has been proposed for development in conformance with the
35 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.
40 The Snoqualmie River 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
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c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Snoqualmie River Subdivision is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity; and
5 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
10 upon completion of the site work. Snoqualmie River Subdivision will be served by North
Palmer Lane (designated as a collector) and an internal street network located within the
Legacy development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
15 schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
20 facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer, City of Eagle Water Department, or
highway district; and
That the development is provided with parks, ponds, open areas, areas of special interest,
25 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); and
30 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
35 and entrances is guided by the Ada County Highway District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site; and
That the proposed development will be harmonious with and in accordance with the general
40 objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for
Residential Two (up to two (2) units per acre) and will provide a variety of housing types to
accommodate residents with varying lifestyle needs; and
g•
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5
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The developer has requested approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the executed development agreement associated
with the site. In addition, the developer will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review;
and
I. That the benefits, combination of various land uses, and interrelationship with the surrounding
10 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
15 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.
20 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.
25 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
30 The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain a minimum of 20% of passive and active open space providing
the residents a variety of recreation options from which to choose. A greenbelt pathway will
35 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
40 Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
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Schools
Snoqualmie River 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
5 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
10 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 $198,000/annually (with Homeowner's Exemption).
15 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
20 development, therefore, the public service providers avoid potential liability and expenses.
DATED this 6th day of November, 2017
PLANNING AND ZONING COMMISSION
25 OF THE CITY OF EAGLE
Ada County, Idaho
437 d`; 9-
30
Trent Wright, Chairma
ATTEST:
Sharon K. Bergmann, Eagle ity Clerk
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