Findings - CC - 2018 - CU-01-18/PPUD-01-18/PPUD-02-18 - Snoqualmie River No. 2 Cup, Preliminary Development Plan, And PpBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR SNOQUALMIE RIVER SUBDIVISION
NO. 2 FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-01-18/PPUD-01-18/PP-02-18
The above -entitled conditional use permit, preliminary development plan, and preliminary plat applications
came before the Eagle City Council for their action on June 12, 2018, 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:
White Sturgeon, LLC, represented by Justin Martin, is requesting conditional use permit,
preliminary development plan, and preliminary plat approvals, for Snoqualmie River Subdivision
No. 2, an 81 -lot (70 -buildable, 11 -common) residential planned unit development. The 29.26 -acre
site is located on the west side of North Palmer Lane, approximately 1,125 -feet west of Palmer
Lane, and 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,
August 16, 2017, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were 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
City Code on April 19, 2018. 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 April 16, 2018. Requests for agencies' reviews
were transmitted on March 26, 2018, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on April 26, 2018.
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 May 28,
2018. 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 May 23, 2018. The site was posted in accordance with the Eagle City
Code on May 29, 2018.
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).
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On August 28, 2007, the City Council approved the final development plan and final 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 final 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).
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 final plat was recorded at the Ada
County Recorder's office.
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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/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).
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/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
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).
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 (FPUD-06-15/FP-09-15).
On January 28, 2016, the applicant submitted a final development plan/final 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).
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
Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD4).
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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).
On September 26, 2017, the City Council approved the final development plan/final plat for
Snoqualmie Falls Subdivision No. 9-A for White Sturgeon, LLC (FPUD-04-17/FP-18-17).
On November 28, 2017, the City Council approved a modification to the development agreement
for Cloud Berry, LLC (RZ-13-05 MOD4).
On November 28, 2017, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie River Subdivision for White Sturgeon,
LLC (CU-08-17/PPUD-04-17/PP-04-17).
On March 27, 2018, the City Council approved a final development plan/final plat for Snoqualmie
Falls Subdivision No. 10 for White Sturgeon, LLC (FPUD-05-17/FP-20-17).
On March 27, 2018, the City Council approved a final development plan/final plat for Snoqualmie
River Subdivision No. 1 for White Sturgeon, LLC(FPUD-01-18/FP-01-18).
E. COMPANION APPLICATIONS: All applications are inclusive herein.
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING
DESIGNATION DESIGNATION
Existing Neighborhood
Residential
R -2 -DA -P (Residential
with a development
agreement — PUD)
Proposed No Change No Change
North of site Neighborhood
Residential
South of site Mixed Use
East of site Neighborhood
Residential
West of site Neighborhood
Residential
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
Proposed Snoqualmie River
Subdivision No. 1
Agricultural
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G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA (overall site associated with the Legacy development shown in italics):
Total Acreage of Site — 29.26 acres (471.49 acres)
Total Number of Lots — 81 (888 residential)
Residential — 70
Commercial — 0
Industrial — 0
Common — 11 (9 open space, 2 shared driveway)
Total Number of Units — 70
Single-family — 70
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels — 0
Additional Site Data Proposed
Dwelling Units Per Gross Acre 2.39 -dwelling units per acre
(this phase)
2.20 -dwelling units per acre
(overall)
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage
6,960 -square feet
58 -feet
0 -feet
Total Acreage of Common Area 10.05 -acres**
Open Space
Percent of Site as Common Area 34.3%**
Open Space
Required
Up to 2.20 -dwelling units
per acre maximum
(pursuant to the executed
development agreement) *
3,800 -square feet
75 -feet
35 -feet
5.85 -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.
* The required density includes the permitted overall density within the Legacy development. The density
of the overall Legacy development to date is 1.88 -dwelling units per acre.
** The calculation does not include the area of the lots associated with the shared driveways.
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I. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 10.05 -acres (34.3%) of common area open space (inclusive of planter strips) is proposed
within the planned unit development. The common area is a combination of three (3) ponds, and a
buffer area located adjacent to West Decathlon Street, 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 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 overall development currently consists of 164.96 -acres (34.99%) of common area
open space, of which 55.98 -acres (33.9%) is active open space.
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
Utility and Drainage Easements, and Underground Utilities:
Eagle City Code section 9-3-6 requires utility easements to be not less than 12 -feet wide, except
that lesser easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development. The applicant provided a preliminary plat and development plan, date
stamped by the city on March 23, 2018, which contains separate plat notes that reference the
property lines located adjacent to the public streets have a 15 -foot wide public utility easement.
The preliminary plat and development plan also contains a separate plat note referencing that the
interior side lot lines and the rear lot lines have a 12 -foot wide public utility, pressure irrigation,
and lot drainage easements respectively.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by the City of Eagle Municipal Water System.
On-site Septic System (yes or no) — No
Preservation of Existing Natural Features:
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 March 23, 2018, shows a typical street section
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
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2 -feet located within the right-of-way between the back of sidewalk and the property line.
The typical island street section (proposed on West Decathlon Street) 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.
Applicant's Justification for Private Streets (if proposed): None proposed.
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:
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:
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
western boundary of the subdivision and the property associated with the proposed Snoqualmie
River Subdivision No. 1.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
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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 April 11, 2018, are of special
concern (attached to the staff report).
Ada County Highway District (ACHD)
Andeavor (formerly known as Tesoro Logistics)
Boise River Flood Control District #10
Central District Health Department
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
LETTERS FROM THE PUBLIC: None received to date.
Q.
R. PROPOSED TIME SCHEDULE FOR THE 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:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
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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:
Neighborhood Residential
Suitable primarily for single family residential. Densities range from 2 units per acre to 4 units per
acre.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space owned
and maintained by a homeowners' association. Any landscaping proposed to be within the
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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 CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
D. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Development Agreement Third Modification Instrument No. 2018-030159)
3.1 Undated Development Plan. The development of the Owner's Remaining Property
shall be generally consistent with the Updated Development Plan attached hereto;
provided however it is the intent of this Third Modification to allow flexibility at the time
preliminary plats are submitted to the City, so long as the general intent of the Updated
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Development Plan and the requirements set forth in the Development Agreement, as
amended herein, are met.
3.4.4.2.3 A public easement for a greenbelt pathway connecting north to south and east to west
through the Owner's Remaining 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 portion of the Owner's Remaining Property containing such pathways.
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.
E. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on
March 23, 2018):
• The proposed Snoqualmie River Subdivision No. 2 planned unit development is located within
the Legacy development. The Legacy development was approved with a development
agreement (RZ-13-05) and a planned unit development. The executed development agreement
established the maximum density, required setbacks, and design standards for the development.
The executed development agreement modification (Instrument No. 2018-030159) contains a
Legacy Updated Master Plan (Exhibit "B") with a bubble plan identifying approximate sizing
and number of lots within specific areas of the development and park areas. The proposed
subdivision is in conformance with the Legacy Updated Development Plan. The proposed
subdivision consists of the following lot types: 47 patio lots (5,000 — 8,000 square feet) and 23
custom lots (8,000 — 12,000 square feet respectively. There are no estate lots proposed within
this phase of the development.
• Plat note #3 of the preliminary plat and development plan references the instrument number
associated with the original development agreement. Since the execution of the original
development agreement, there have been several modifications. The latest development
agreement modification (Development Agreement Third Modification) restates the original
development agreement and subsequent modifications. Since the original development
agreement is no longer in effect, the applicant should provide a revised preliminary plat and
development plan referencing the instrument number associated with the Development
Agreement Third Modification. The applicant should be required to provide a revised
preliminary plat and development plan with plat note #3 revised to state, "Minimum building
setbacks and dimensional standards shall be in compliance with the applicable zoning
regulations of the City of Eagle or as set forth in the Conditions of Development with the
Development Agreement Third Modification, recorded as instrument No. 2018-030159,
records of Ada County, Idaho, or any subsequent modifications of the development
agreement." The revised preliminary plat and development plan should be provided prior to
submittal of final development plan/final plat applications.
• Plat note #7 of the preliminary plat and development plan identifies the common lots of the
subdivision, two (2) of which are common driveways. Plat note #7 also identifies that the
common lots are to be owned and maintained by the Legacy Community Association, Inc., or
its assigns. Plat note #15 identifies Lot 22, Block 2 and Lot 14, Block 6, (common lots identified
in plat note #7) are subject to common driveways for ingress/egress. The plat note also indicates
the common driveway is subject to a blanket easement for water, sewer, irrigation, and public
utilities. Although the note states the common driveways are for the purpose ingress/egress, it
does not address if there is a perpetual easement for ingress/egress. Also, the plat note does not
specify which lots may take ingress/egress from the common driveway lots. The preliminary
plat and development plan shows six (6) lots (Lots 19-21, Block 2 and Lots 15-17, Block 6)
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that are contiguous to the common driveway lots. Lot 19, Block 2, and Lot 17, Block 6, both
have frontage to the public street. The common lot driveways should only be utilized to provide
access to Lots 20 and 21, Block 2, and Lots 15 and 16, Block 6. The applicant should be
required to provide a revised preliminary plat and development plan with plat note #15 revised
to state, "Lot 22, Block 2 and Lot 14, Block 6, contains a perpetual easement for ingress/egress
for Lots 20 and 21, Block 2, and Lots 15 and 16, Block 6. Said lots are also subject to a blanket
easement for water, sewer, irrigation, and public utilities." The revised preliminary plat and
development plan should be provided prior to submittal of final development plan/ final plat
applications.
• Plat note #12 of the preliminary plat and development plan states, "Direct lot access to N.
Palmer Lane and W. Decathlon Street is prohibited."
The proposed subdivision is not contiguous to North Palmer Lane. The applicant should
provide a revised preliminary plat and development plan with plat note #12 revised to state,
"Direct lot access to W. Decathlon Street is prohibited." The revised preliminary plat and
development plan should be provided prior to submittal of final development plan/final plat
applications.
• The preliminary plat and development plan shows 7 -common lots (Lots 39, Block 1, Lot 15,
Block 2, and Lot 1, Block 5, Lots 1 and 21, Block 6, and Lots 1, 5, and 15, Block 7) 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
39, Block 1, Lot 15, Block 2, and Lot 1, Block 5, Lots 1 and 21, Block 6, and Lots 1, 5, and
15, Block 7." The revised preliminary plat and development plan should be provided prior to
submittal of the final development plan/final plat applications.
• The preliminary plat and development plan shows the locations of the proposed street lights.
The preliminary plat and development plan does not show a street light located in proximity to
the intersection of West Marcana Street and North Riposte Avenue. Also, West Maracana
Street and West Coubertin Street and both over 680 -feet in length with street lights located in
proximity to where they intersect another street (with the exception of West Maracana Street
and North Riposte Avenue). The applicant should be required to provide a revised preliminary
plat and development plan identifying three (3) additional street lights to be located at the
following locations: 1) intersection of West Marcana Street and North Riposte Avenue, 2) mid -
block of West Maracana Street, and 3) mid -block of West Coubertin Avenue. The revised
preliminary plat and development plan should be provided prior to submittal of 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
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.
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.
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PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on May 7, 2018, 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).
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 one (1) individual who indicated the following:
• The proposed development will create additional traffic in the immediate area, therefore creating a
safety issue at the intersection of North Palmer Lane and West Floating Feather Road.
• The applicant should be required to re -align the intersection of North Palmer Lane and West
Floating Feather Road and be required to provide a centerline stripe on North Palmer Lane.
• The applicant should re -design the subdivision to provide for additional access (for the residents)
of the subdivision to the ponds.
• The existing homeowners of the Legacy development need control of the homeowners association.
COMMISSION DELIBERATION: (Granicus time 00:32:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The project is designed in conformance with the development agreement concept plan.
• The applicant's concern with the design standards for the pathway will be addressed by the City's Trails
Coordinator.
• The proposed design is attractive and similar to previous phases of the Legacy development.
COMMISSION DECISION:
The Commission voted 3 to 0 (Johnson and Guerber absent) to recommend approval of CU-01-18/PPUD-
01-18/PP-02-18 for Snoqualimie River Subdivision No. 2 for White Sturgeon, 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 May 21, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on June 12, 2018, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the applications was presented to the Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve CU-01-18/PPUD-01-18/PP-02-18 for Snoqualmie River Subdivision
No. 2 (Preliminary Plat — Exhibit "A") for White Sturgeon, LLC, with the following Planning and Zoning
Commission recommended site specific conditions of approval and standard conditions of approval:
1. Comply with all conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
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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. (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. A fence permit
is required prior to construction of a fence in any of these locations.
5. Provide a revised preliminary plat and development plan with plat note #3 revised to state, "Minimum
building setbacks and dimensional standards shall be in compliance with the applicable zoning
regulations of the City of Eagle or as set forth in the Conditions of Development with the Development
Agreement Third Modification, recorded as instrument No. 2018-030159, records of Ada County,
Idaho, or any subsequent modifications of the development agreement." The revised preliminary plat
and development plan shall be provided prior to submittal of final development plan/final plat
applications.
6. Provide a revised preliminary plat and development plan with plat note #15 revised to state, "Lot 22,
Block 2 and Lot 14, Block 6, contain a perpetual easement for ingress/egress for Lots 20 and 21, Block
2, and Lots 15 and 16, Block 6, respectfully. Said lots are also subject to a blanket easement for water,
sewer, irrigation, and public utilities." The revised preliminary plat and development plan shall be
provided prior to submittal of final development plan/final plat applications.
7. Provide a revised preliminary plat and development plan with plat note #12 revised to state, "Direct lot
access to W. Decathlon Street is prohibited." The revised preliminary plat and development plan shall
be provided prior to submittal of final development plan/final plat applications.
8. Provide a revised preliminary plat and development plan with a new plat note that states, "Driveways
are prohibited across Lots 39, Block 1, Lot 15, Block 2, and Lot 1, Block 5, Lots 1 and 21, Block 6,
and Lots 1, 5, and 15, Block 7." The revised preliminary plat and development plan shall be provided
prior to submittal of the final development plan/final plat applications.
9. Provide a revised preliminary plat and development plan identifying three (3) additional street lights to
be located at the following locations: 1) intersection of West Marcana Street and North Riposte Avenue,
2) mid -block of West Maracana Street, and 3) mid -block of West Coubertin Avenue. The revised
preliminary plat and development plan shall be provided prior to submittal of final development
plan/final plat applications.
10. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and
all common areas throughout the subdivision, 3) building elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities, 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 final development plan/final plat
applications. (ECC 8-2A-7)
11. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or comply with the Parkway Landscape agreement for the Legacy
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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.
12. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
13. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing
the ACHD license agreement and associated Ada County instrument number. (ECC 9-4-1-2)
14. 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)
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.
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. (ECC 9-3-8[D][4])
17. Snoqualmie River Subdivision No. 2 shall remain under the control of one Homeowners Association.
18. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future." (ECC 9-4-1-2)
19. 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.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
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6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
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
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City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
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20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
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32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the site
shall be submitted prior to the issuance of any building permits for the site.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat (CU -O 1-18/PPUD-01-18/PP-02-18) 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 River Subdivision No. 2 has been proposed for development in conformance with
the Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in
conformance with the executed development agreement associated with the site; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
The Snoqualmie River Subdivision No. 2 is designed to be harmonious with the Legacy
development of which it is a part and designed to be in conformance with the executed
development agreement associated with the site; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Snoqualmie River Subdivision No. 2 is proposed to be developed in a manner harmonious with
existing and future uses in the immediate vicinity; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Snoqualmie River Subdivision No. 2 will be served by North
Palmer Lane (designated as a collector) and an internal street network located within the
Legacy development; and
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e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
g.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the sewer, City of Eagle Water Department, or
highway district; and
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
This development plan is part of a larger development plan that is designed with consideration
given to open space, ponds, recreational amenities (i.e. golf course, soccer fields, tennis courts,
and pedestrian pathways); and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will include 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; and
i. 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
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for
Neighborhood Residential and will provide a variety of housing types to accommodate
residents with varying lifestyle needs; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The developer has requested approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the executed development agreement associated
with the site. In addition, the developer will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review;
and
1. 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.
Page 20 of 22
K:U'lanning Dept\Eagle Applications'I'rcliminary Development Plans120181Snoqualmie River Sub No. 2 cef docx
In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Water Service
The project is located within an area that is served by the City of Eagle Municipal Water
System. The water infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
The development will contain a minimum of 20% of passive and active open space providing
the residents a variety of recreation options from which to choose. A pathway will provide the
public a safe and efficient way to move through the development. The project will also generate
park impact fees to be utilized for the creation of additional parks or add new equipment to
existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by Legacy Development
Home Owner's Association. The roads, sewer, and water infrastructure will be publicly owned
and maintained by the respective agencies.
Schools
Snoqualmie River Subdivision No. 2 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.
Page 21 of 22
K:Wlanning Dept\Eaglc Application Tre iminary Development ['lans120181Snoqualmie River Sub No. 2 ccf docx
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 $257,000/annually (with Homeowner's Exemption).
That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development, therefore, the public service providers avoid potential liability and expenses.
P.
DATED this 26th day of June, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ger
Stan ' idgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle pity Clerk
Page 22 of 22
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