Findings - PZ - 2019 - CU-05-18/PPUD-03-18/PP-09-18 - Cup/Ppud/Pp For Snoqualmie #3BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR A
CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN, AND PRELIMINARY
PLAT FOR SNOQUALMIE RIVER SUBDIVISION
NO. 3 FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER CU-05-18/PPUD-03-18/PP-09-18
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 March 18, 2019, 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 Findings
of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
White Sturgeon, LLC, represented by Caleb LaClair, P.E., with T -O Engineers, is requesting
conditional use permit, preliminary development plan, and preliminary plat approvals for
Snoqualmie River Subdivision No. 3, a 72 -lot (62 -buildable, 10 -common) residential planned unit
development. The 27.03 -acre site is located on the east side of State Highway 16 approximately
2,215 -feet south of the intersection of State Highway 16 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,
October 24, 2018, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item were received by the City of Eagle on November 7, 2018. A revised
preliminary plat and development plan were provided to the City on December 11, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the applications for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on February 28, 2019. Notice of this public hearing was mailed to property owners
within three -hundred feet (300 -feet) of the subject property in accordance with the requirements of
Title 67, Chapter 65, Idaho Code and Eagle City Code on February 25, 2019. Requests for
agencies' reviews were transmitted on November 8, 2018, in accordance with the requirements of
the Eagle City Code. The site was posted in accordance with the Eagle City Code on March 8,
2019.
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 September 24, 2018, the City Council approved a final development plan and final plat for
Snoqualmie River Subdivision No. 2 (FPUD-11-18/FP-13-18).
On January 8, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Village Subdivision No. 1 (FPUD-15-18/FP19-18).
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On January 8, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Village Subdivision No. 2 (FPUD-16-18/FP-20-18).
On February 12, 2019, the City Council approved a modification to the development agreement
associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05
MODS).
On February 12, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Falls Subdivision No. 11 (FPUD-13-18/FP-15-18).
On February 12, 2019, the City Council approved a final development plan and final plat for
Snoqualmie Falls Subdivision No. 12 (FPUD-17-18/FP-21-18).
For additional property history see: RZ-13-05 MOD / RZ-13-05 MOD2 / RZ-13-05 MOD3 / DR -
64 -06 / DR -64-06 MOD2 / FPUD-01-07/FP-01-07 / FP -02-07 / FPUD-01-12/FP-01-12 / FPUD-
02-12/FP-04-12 / FPUD-02-13/FP-06-13 / CU-08-13/PPUD-07-13/PP-12-13 / DR -07-14 / FPUD-
05-13/FP-14-13 / CU-06-14/PPUD-03-14/PP-09-14 / FPUD-04-15/FP-05-15 / FPUD-05-15/FP-
06-15 / FPUD-06-15/FP-09-15/ DR -68-13 / DR -68-13 MOD / DR -68-13 MOD2 / DR -06-15 / DR -
06 -15 MOD / DR -06-15 MOD3 / DR -06-15 MOD4 / EXT -12-09 / EXT -07-10 / EXT -06-11 / CU-
06-17/PPUD-03-17/PP-03-17 / DR -44-17 / DR -45-17 / RZ-13-05 MOD4 / FPUD-04-17/FP-18-17
/ CU-08-17/PPUD-04-17/PP-04-171 DR -54-171 FPUD-05-17/FP-02-17 / FPUD-01-18/FP-01-18
/ CU-01-18/PPUD-01-18/PPUD-02-18 / DR -31-18.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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K.U'lanning I?epI Eagle Applications I reliminary Development Plans130181Snoqualmie River Sub No. 3 pedocs
F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
G.
H.
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 Mix -Use
Development
(City of Star)
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. 2 and
vacant parcel
Agricultural
DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
SITE DATA (overall site associated with the Legacy development shown in italics, platted or
proposed for platting):
Total Acreage of Site — 27.03 -acres (446.25 -acres)
Total Number of Lots — 72 (844 residential)
Residential — 62
Commercial — 0
Industrial — 0
Common — 10 (8 -open space, 1 -shared driveway, and 1 -future
highway right-of-way)
Total Number of Units — 62
Single-family — 62
Duplex — 0
Multi -family — 0
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
2.29 -dwelling units per acre
(this phase)
1.89 -dwelling units per acre
(overall)
6,886 -square feet
58 -feet
0 -feet
Total Acreage of Common Area 8.13 -acres**
Open Space
Percent of Site as Common Area 30.08%**
Open Space
Required
Up to 2.20 -dwelling units
per acre maximum
(pursuant to the executed
development agreement) *
3,800 -square feet
75 -feet
0 -feet (two lots are served
by a common driveway)
5.41 -acres (minimum)
20% (minimum)
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 I.89 -dwelling units per acre.
** The calculation does not include the area of the lots associated with the planter strips, shared driveway,
or future ITD R -O -W.
I. GENERAL SITE DESIGN FEATURES:
Open Space:
A total of 8.13 -acres (30.08%) of common area open space is proposed within the planned unit
development. The common areas contain a centralized pond, a pathway area located adjacent to
southern boundary of the development, and several common lots located adjacent to the streets and
comer lots. The residents of the development will also have access to the golf course, tennis courts,
soccer fields, swimming pools, tot lots, and other pathways located within the Legacy development.
Based on the prior approvals associated with the Legacy development and the subject proposed
subdivision, the overall development currently consists of 162.30 -acres (36.37%) of common area
open space, of which 55.98 -acres (34.5%) 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.
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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 November 7, 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 2 -foot wide rolled curbing, 8 -foot wide landscaping strips and 5 -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 for the collector 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, 8 -foot wide landscaping strips and 5 -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':
Blocks 8 and 9 are approximately 415 -feet in length.
Cul-de-sac Design:
The preliminary plat, date stamped by the City on December 11, 2018, shows one (1) cul-de-sac
associated with the proposed development. The proposed cul-de-sac is approximately 535 -feet in
length (measured from the intersection of North Kotinos Avenue and West Corinthia Street) and
terminates in cul-de-sac with a radius of 48 -feet.
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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 PEDESTRIANBICYCLE 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. 2.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — no
Riparian Vegetation — no
Steep Slopes — no
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
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 December 19, 2018, are of special
concern (attached to the staff report).
City Trails and Pathways Superintendent: All comments within the Trails and Pathways
Superintendent's email dated November 8, 2018, are of special concern (attached to the staff
report).
Ada County Highway District (ACHD)
Andeavor
Boise River Flood Control District No. 10
Central District Health Department
COMPASS (Communities in Motion 2040 Development Review)
Department of Environmental Quality
Eagle Fire Department
Idaho Transportation Department
Q. LETTERS FROM THE PUBLIC: None received to date.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in 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
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.
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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 ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(c): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi -family developments, shall be buffered from streets classified as collectors,
arterials, freeways, • or expressways, to protect residential communities from noisy,
potentially dangerous, high speed roads. The "buffer area" shall be defined as a common
lot located between the residential lots within the subdivision and the right of way line of
the adjacent roadway. This buffer is required as part of the common area open space owned
and maintained by a homeowners' association. Any landscaping proposed to be within the
public right of way shall not be included as a part of the buffer area required below. The
height for berming/fencing, as noted below, shall be measured from the elevation of the
final grade of the adjacent roadway (measured at the centerline) to the top of the proposed
berming/fencing. The required buffer area width, plantings, and fencing are as follows:
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a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area (not including right of way) shall
be provided with the following plants per one hundred (100) linear feet of right of way:
four (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. Any road designated as a principal arterial on the transportation and pathway network
plan in the Eagle comprehensive plan:
A minimum of seventy five feet (75') 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: six (6) shade trees, ten (10) evergreen trees, four (4) flowering/ornamental
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with
two (2) flowering/ornamental trees, provided that not more than fifty percent (50%) of
the shade trees are substituted.
A minimum ten foot (10') high, maximum twelve foot (12') high, berm, decorative
block wall, cultured stone, decorative rock, or similarly designed concrete wall, or
combination thereof shall be provided within the buffer area. The maximum slope for
any berm shall be three feet (3') horizontal distance to one foot (1') vertical distance. If
a decorative block wall, cultured stone, decorative rock, or similarly designed concrete
wall is to be provided, in combination with the berm, a four foot (4') wide flat area
shall be provided for the placement of the decorative wall. Chainlink, cedar, and similar
high maintenance and/or unsightly fencing shall not be permitted.
• Eagle City Code Section 8-7-3-5: Conditional Use Permit:
D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be
attached to said permit including, but not limited to, those:
1. Minimizing adverse impact on other development;
2. Controlling the sequence and timing of development;
3. Controlling the duration of development;
4. Assuring that development is maintained properly;
5. Designating the exact location and nature of development;
6. Requiring the provision for on site or off site public facilities or services; and
7. Requiring more restrictive standards than those generally required in this title.
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C. SUBDIVISION CITY CODE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-2-1: Location and Design:
G. Cul -De -Sac Streets: Cul-de-sac streets shall not be more than seven hundred fifty feet (750')
in length and shall terminate with an adequate circular turnaround having a minimum
radius of fifty feet (50') of right of way including a landscape island with a minimum radius
of ten feet (10'). A minimum of forty feet (40') of pavement shall be provided between the
landscape island and the outside edge of the street as measured from the face of curb of the
island to the face of curb located on the outside edge of the street. One traffic control sign
stating that on street parking is prohibited within the turnaround shall be installed at the
entrance of the turnaround on the driver's side of the street.
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
• Eagle City Code Section 9-3-10: 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 OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
(Development Agreement Third Modification Instrument No. 2018-030159)
3.1 Updated 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
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.
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3.11.1 A 75 -foot wide landscape strip along State Highway 16 shall include a minimum ten -foot
high berm/wall combination with extensive landscaping per ECC 8-2A-7 to provide a
buffer. All buffers should be located outside a 150 -foot setback from centerline for right-
of-way dedication to the Idaho Transportation Department (the "ITD").
3.14 A new north south collector road shall be constructed in lieu of the typical ITD frontage
road at a minimum distance of 1,000 feet from the right-of-way dedication for State
Highway 16.
E. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on
December 11, 2018 and the executed development agreement, Ada County Instrument #2018-
030159):
• The proposed Snoqualmie River Subdivision No. 3 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: 54 patio lots (5,000 — 8,000 square feet), 7
custom lots (8,000 — 11,999 square feet), and 1 estate lot (12,000 — 16,999 square feet)
respectively.
• Sheet C1.2 of preliminary plat and development plan shows the cul-de-sac located at the
terminus of North Kostis Court as having a 48 -foot radius measured to back -of -curb. The
preliminary plat and development plan do not identify a landscape island located within the
cul-de-sac. Pursuant to Eagle City Code Section 9-3-2-1(G) cul-de-sacs should have a
minimum radius of 50 -feet of right-of-way including a landscape island with a minimum radius
of 10 -feet. The minimum pavement area for the travel lane should be 40 -feet in width measured
from face of curb of the island to the face of curb located on the outside edge of the street. The
applicant should be required to provide a revised preliminary plat and development plan
delineating the cul-de-sac with a minimum 50 -foot radius, landscape island with a minimum
10 -foot radius, and minimum 40 -feet of pavement located between the face of curb of the island
to the face of curb located on the outside edge of the street. The revised preliminary plat and
development plan should be provided prior to submittal of final development plan and final
plat applications.
• The Idaho Transportation Department provided correspondence, date stamped by the City on
March 13, 2019, which included a street section for State Highway 16 inclusive of 4 -lane
highway and proposed frontage roads located adjacent to each side of the state highway. The
required right-of-way to accommodate the state highway and frontage roads is approximately
110 -feet in width from centerline. Pursuant to Condition of Development 3.14 of the executed
development agreement, the applicant is proposing a north/south collector in lieu of the typical
ITD frontage road. The preliminary plat and development plan identifies Lot 1, Block 10
(located adjacent to State Highway 16) at 60 -feet in width. The preliminary plat and
development plan also identifies 100 -feet of proposed r/w (right-of-way) which includes Lot 1,
Block 10 plus 40 -feet terminating at the centerline of State Highway 16. Lot 2, Block 10,
containing the required 75 -foot wide buffer is located adjacent to Lot 1, Block 2. Pursuant to
Condition of Development #3.11.1 of the executed development agreement, all buffer areas are
required to be located outside a 150 -foot setback from centerline for right-of-way dedication
to the Idaho Transportation Department (ITD). The preliminary plat and development plan
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identifies the typical collector street section with a 50 -foot wide buffer area located adjacent to
each side of the collector. Pursuant to Condition of Development #3.11.3 of the executed
development agreement, a 35 -foot wide landscape buffer area is required along all collector
roads within the development. The buffer areas located adjacent to the north/south collector
should be reduced in width to the required 35 -feet to provide an additional 30 -feet in width to
Lot 1, Block 10, for a total future right-of-way width of 130 -feet from centerline. Based on the
north/south collector being constructed in lieu of a frontage road, 130 -feet from centerline
should be a sufficient right-of-way width for future highway expansion. The applicant should
be required to provide a revised preliminary plan and development plan showing Lot 1 of
Blocks 6-9, reduced to 35 -feet in width and Lot 1, Block 10, increased to 90 -feet in width. The
revised preliminary plat and development plan should be provided prior to submittal of a design
review application.
• Plat notes #4 and 5 of the preliminary plat and development plan reference the instrument
number of the executed development agreement as 2018-030-159. The instrument number
associated with the most recent modification of the development agreement is 2018-030159.
The applicant should be required to provide a revised preliminary plat and development plan
with the development agreement instrument number referenced in plat notes #4 and 5 as
Instrument No. 2018-030159. The revised preliminary plat and development plan should be
provided prior to submittal of final development plan/final plat applications.
• Plat note #15 of the preliminary plat and development plan states, "Direct lot access to State
Highway 16, N. Hamlin Avenue, and W. Decathlon Street is prohibited."
The preliminary plat and development plan does not show a West Decathlon Street, however,
the preliminary plat and development plan does have a West Decathlon Drive which has lots
fronting the street. The applicant should provide a revised preliminary plat and development
plan with plat note #15 revised to state, "Direct lot access to State Highway 16 and N. Hamlin
Avenue is prohibited." The revised preliminary plat and development plan should be provided
prior to submittal of final development plan/final plat applications.
• Plat note #21 of the preliminary plat and development plan states, "Lot 2, Block 10; Lot 1,
Block 6; and Lot 1, Block 9, are subject to a City of Eagle easement as shown for pedestrian
access.
))
Sheet C1.1 preliminary plat and development plan identifies the easement as "City of Eagle
Pathway Easement." The applicant should be required to provide a revised preliminary plat and
development plan with plat note #21 revised to state, "Lot 2, Block 10; Lot 1, Block 6; and Lot
1, Block 9, are subject to a City of Eagle Pathway Easement (as shown) for pedestrian access."
The revised preliminary plat and development plan should be provided prior to submittal of
final development plan and final plat applications.
• The preliminary plat and development plan shows the locations of the proposed street lights.
The proposed street lights are located at the street intersections within the development. The
distance between street lights located adjacent to West Decathlon Drive between North Vestal
Avenue and North Kotinos Avenue is over 500 -feet in length. Also, the distance between the
street lights located adjacent to West Corinthia Street between North Vestal Avenue and North
Kotinos Avenue is over 500 -feet in length. The applicant should be required to provide a
revised preliminary plat and development plan identifying one (1) additional street light to be
located at each of the following locations: 1) mid -block of West Decathlon Drive, and 2) mid -
block of West Corinthia Street between North Vestal Avenue and North Kotinos Avenue. The
revised preliminary plat and development plan should be provided prior to submittal of final
development plan/final plat applications.
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• This application has a conditional use permit associated with the planned unit development.
Pursuant to Idaho Code 67-6512 (d) and Eagle City Code Section 8-7-3-5(D)(6) upon granting
of a conditional use permit, conditions may be attached to said permit which may include
requiring provisions for on-site and off-site public facilities or services. The Idaho
Transportation Department (ITD) provided correspondence, date stamped by the City on March
13, 2019, which indicated that ITD will not be requesting a Traffic Impact Study for full
buildout of the Snoqualmie River Subdivision. The correspondence further states, that
mitigation for this development will be covered by having the applicant pay $12,000 to ACHD
for a road trust deposit to be established on behalf of ITD for future improvements at the SH-
44/Palmer Lane intersection. The applicant should be required to provide a monetary
contribution to a road trust deposit as identified in the Idaho Transportation Department
correspondence, date stamped by the City on March 13, 2019. The road trust deposit money
should be paid prior to the City Clerk signing the final plat.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the conditional use permit,
preliminary development plan, and preliminary plat with the site specific conditions of approval and
standard conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on March 18, 2019, 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.
COMMISSION DELIBERATION: (Granicus time 00:28:05)
Upon closing the public hearing, the Commission discussed during deliberation that:
• The project is designed in conformance with the development agreement concept plan.
• The waiver requests (lot sizing and setbacks) have been addressed through the development agreement.
• The Commission is supportive of utilizing a north/south collector through the site versus a frontage
road located adjacent to State Highway 44.
• The Legacy development is designed well.
• One of the members indicated they would like to see the smaller lots replaced with larger lots.
COMMISSION DECISION:
The Commission voted 4 to 0 (Johnson absent) to recommend approval of CU-05-18/PPUD-03-18/PP-09-
18 for Snoqualmie River Subdivision No. 3 (Exhibit "A") for White Sturgeon, LLC, with the following
staff 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.
2. Comply with all requirements of the City Engineer.
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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 delineating the cul-de-sac with a minimum
50 -foot radius, landscape island with a minimum 10 -foot radius, and minimum 40 -feet of pavement
located between the face of curb of the island to the face of curb located on the outside edge of the
street. The revised preliminary plat and development plan shall be provided prior to submittal of final
development plan and final plat applications. (ECC 9-3-2-1[G])
6. Provide a revised preliminary plat and development plan showing Lot 1 of Blocks 6-9, reduced to 35 -
feet in width and Lot 1, Block 10, increased to 90 -feet in width. The revised preliminary plat and
development plan shall be provided prior to submittal of a design review application.
7. Provide a revised preliminary plat and development plan with the development agreement instrument
number referenced in plat notes #4 and 5 as Instrument No. 2018-030159. 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 plat note #15 revised to state, "Direct lot
access to State Highway 16 and N. Hamlin Avenue is prohibited." The revised preliminary plat and
development plan shall be provided prior to submittal of final development plan/final plat applications.
9. Provide a revised preliminary plat and development plan with plat note #21 revised to state, "Lot 2,
Block 10; Lot 1, Block 6; and Lot 1, Block 9, are subject to a City of Eagle Pathway Easement (as
shown) for pedestrian access." The revised preliminary plat and development plan shall be provided
prior to submittal of final development plan and final plat applications.
10. Provide a revised preliminary plat and development plan identifying one (1) additional street light
located at each of the following locations: 1) mid -block of West Decathlon Drive, and 2) mid -block of
West Corinthia Street between North Vestal Avenue and North Kotinos Avenue. The revised
preliminary plat and development plan shall be provided prior to submittal of final development
plan/final plat applications. (ECC 9-4-1-5)
11. The applicant shall be required to provide a monetary contribution to a road trust deposit as identified
in the Idaho Transportation Department correspondence, date stamped by the City on March 13, 2019.
The road trust deposit money shall be paid prior to the City Clerk signing the final plat. (ECC 8-7-3-
5[D][6])
12. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and
all common areas throughout the subdivision, 3) building elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities (if proposed), 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)
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13. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, sod, and irrigation or 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.
14. 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.
15. 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)
16. 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)
17. 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.
18. 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])
19. Snoqualmie River Subdivision No. 3 shall remain under the control of one Homeowners Association.
20. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future." (ECC 9-4-1-2)
21. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of the 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.
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4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
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
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applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards. The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
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.
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19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
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.
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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.
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 Commission reviewed the particular facts and circumstances of this proposed conditional use
permit, preliminary development plan, and preliminary plat (CU-05-18/PPUD-03-18/PP-09-18) 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. 3 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. 3 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. 3 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. 3 will be served by North
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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
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 and eventually the extension of West Floating
Feather Road via North Hamlin Avenue. The design and construction of the roadways 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
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
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K:1Planning I)eptlliagle ApplicationslPreliminary Development PlansULolK'Snogualmie River Sub No. 3 pzf4ocx
1. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
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. 3 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.
Page 21 of 22
K:U'lanning DeptlEagk ApplicationsU'teliminary Development Plans12111 S1Snoqualmic River Sub No. 3 pzLJoc!c
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of
the developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at huild-out is
approximately $221,941/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 1st day of April, 2019
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
A• nty, Idaho��
d4
Trent Wright, Chairman
ATTEST:
Sharon K. Bergmann, Eagle City
Jerk
i.e
Page 22 of 22
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