SPECIAL MEETING AGENDA Bellevue Common Council

Monday, September 30, 2019 Bellevue City Hall, 115 E Pine St, Bellevue

6:00 p.m. Friendly Reminder: Please turn off all cell phones except for emergency personnel. The designation of ACTION ITEM is now required by Idaho Code. No item may be voted on without being listed as an action item. The term does not, however, mean that action MUST be taken.

Finding That Notice and Agenda Items are in Compliance with Idaho Code §67-2343

The notice and agenda were posted in accordance with Idaho Code §67-2343 more than 24 hours prior to the meeting, at the Bellevue Post Office, on the bulletin board of City Hall and on the City website on September 23, 2019

Suggested Motion: I move that the notice for the Special September 30, 2019 meeting was done in accordance with Idaho Code, Section §67-2343.

1. Call for Conflict as outlined in Idaho Code §59-703 (f) – 704 With Any Agenda Item 2. Public Comment for Items of Concern not on the Agenda

OLD BUSINESS

3. CONSENT AGENDA: ACTION ITEM a. Minutes of 09/18/2019

4. Continuation of a Public Hearing to consider a Planned Unit Development and Preliminary Plat for Phase I of Strahorn Subdivision to the date certain of September 30, 2019. The subject property is approximately 17 acres and is proposed to be subdivided into 47 residential lots. The property lies on the easterly edge of Bellevue within the City limits and is zoned General Residential (GR). Diane Shay, Community Development Director: ACTION ITEM

NEW BUSINESS

5. Executive Session to Discuss Personnel, Pending Litigation and/or Land Acquisition Pursuant to Idaho Code §74-206 ACTION ITEM

6. Adjournment ACTION ITEM

***Any person needing special accommodations to participate in the above noticed meeting should contact Bellevue City Hall, 115 Pine St., Bellevue, ID 83313 or telephone 788-2128 at least twenty-four (24) hours prior to the meeting.

9/18/2019

Bellevue Common Council Monday, September 18, 2019

Bellevue City Hall, 115 E Pine St, Bellevue Special Meeting Minutes

6:00 p.m. Call to Order: Mayor Burns called the Special Meeting to order. A roll call attendance was conducted, and

Council members present were Doug Brown, Tammy Davis, Kathryn Goldman, Greg Cappel, and

Mike Choat. For the record, Shaun Mahoney was absent. A quorum was present for the entire

meeting. David Patrie was present as the City’s Engineer. Staff present were Jim Spinelli, City

Administrator, Rick Allington, City Attorney; Frank Suwanrit, Public Works Director; Diane Shay,

Community Development Director; Greg Beaver, Fire Chief; Kelly West, Water Superintendent;

Jason Calhoun, Street Supervisor; and Marian Edwards, City Clerk/Treasurer.

The Mayor requested that all speakers including Aldermen and staff identify themselves prior to

speaking for recording purposes and the potential need for preparation of transcripts.

Notice and Hearing Compliance:

The posting of this special meeting agenda complied with Idaho Code 67-2343. The special

meeting agenda was posted at the Bellevue Post Office, the bulletin board outside City Hall and on

the website on September 13, 2019. Goldman motioned that the notice was in compliance with

Idaho Code 67-2343. Davis seconded. All in favor. The motion passed.

1. Call for Conflict as outlined in Idaho Code §59-703 (f) – 704 With Any Agenda Item: Mayor Burns called for conflict from any Alderman with any agenda items. Choat stated that he was recusing himself from the Strahorn discussion. The conflict was noted by the Mayor and Aldermen.

2. Public Comment for Items of Concern not on the Agenda Burns opened the meeting for public comment for items not on the agenda. Goldman asked if the Council would consider sponsoring the next Hispanic Fest in McKercher Park, Hailey and if the Council would be open to promoting the upcoming event on our Facebook page. The Aldermen discussed and were positive about exploring for next year. Shay will get information on the upcoming event of the City’s Facebook page for the event.

OLD BUSINESS

3. CONSENT AGENDA: a. Minutes of 09/09/2019

Goldman made the motion to accept the Consent Agenda as presented. Brown seconded. Roll call vote results: Davis- abstained, Brown- yes, Cappel- yes, Goldman- yes, Choat- yes. Motion passed.

9/18/2019

Choat left the Council table and sat in the audience as part of his Strahorn recusal.

NEW BUSINESS

4. Public Hearing to consider a Planned Unit Development and Preliminary Plat for Phase I of

Strahorn Subdivision, continued to the date certain of September 18, 2019. The subject

property is approximately 17 acres and is proposed to be subdivided into 47 residential lots.

The property lies on the easterly edge of Bellevue within the City limits and is zoned General

Residential (GR): Diane Shay, Community Development Director. Shay confirmed the proper

notice of the public hearing was made at the September 9, 2019 Common Council meeting and

was continued to the date certain of September 18, 2019.

The Mayor invited the applicant Strahorn Partners represented by attorney Jim Laski to make

rebuttal comments to written public comments received since the last meeting.

Burns re-opened the hearing for public comment. The following persons made public comments: John Kurtz, South 7th Street: Chris Johnson, Parkside Drive; Michael O’Farrell, N 6th

Street; Steve Carlisle, Sunrise Ranch; Jason Calhoun, Broadford Road, Street Supervisor; Martha O’Farrell, N 6th Street; Tom Blanchard, Lower Broadford Road; Doro Schinella, Glen Aspen; and Chris Cey, Sunrise Ranch Blanchard, Lower Broadford Road.

Burns re-closed public comment on the matter. The Council discussed future public comment periods and inclusion of written comments with the City Attorney and staff. Future written received comments will not be made part of record but retained in the file. The Council may take testimony in future sessions on topics that they require additional information on to reach a decision. The Council and staff discussed and established a structure to follow the staff report item by item for the current and future meetings.

Burns allowed comments from Jim Laski, legal counsel for applicant Strahorn Partners and Jeff Pfaeffle, representing applicant Strahorn Partners to address issues raised during the public comment session.

Council findings and actions from Staff Report by Diane Shay dated August 30, 2019, Standards and Criteria:

4.1.1 No objections

4.1.2 No objections

4.1.3 Item Tabled for further discussion. Motion by Goldman to table, Seconded by Cappel.

9/18/2019

Roll call vote results: Davis- no, Brown- no, Cappel- yes, Goldman- yes, Choat- abstained. Mayor Burns voted yes as tiebreaker. Item tabled.

4.1.4 Item approved as written. Motion by Goldman to table, Seconded by Cappel. Roll call vote results: Davis- no, Brown- no, Cappel- yes, Goldman- yes, Choat- abstained. Mayor Burns voted no as tiebreaker. Motion by Cappel for applicant to make size adjustments to planned border lots with existing Sunrise Ranch lots to be at least 12,000 square feet, Seconded by Goldman. Roll call vote results: Davis- no, Brown- no, Cappel- yes, Goldman- yes, Choat- abstained. Mayor Burns voted no as tiebreaker. Motion by Davis to approve as written, Seconded by Brown. Roll call vote results: Davis- yes, Brown- yes, Cappel- no, Goldman- no, Choat- abstained. Mayor Burns voted yes as tiebreaker. Item approved as written.

4.1.5 No objections

4.1.6 Paragraph 1. No objections

4.1.6 Paragraph 2. No objections

4.1.6 Paragraph 3. No objections

4.1.6 Paragraph 4. No objections

4.1.6 Paragraph 5. Item Tabled for further discussion. Motion by Goldman to table, Seconded by Cappel. Roll call vote results: Davis- yes, Brown- yes, Cappel- yes, Goldman- yes, Choat- abstained. Item tabled.

4.1.6 Paragraph 6. No objections

4.1.6 Paragraph 7. No objections

4.1.6 Paragraph 8. No objections

Goldman motioned to continue the Public Hearing to consider a Planned Unit Development and Preliminary Plat for Phase I of Strahorn Subdivision to the date certain of Monday, September 30, 2019 at 6pm at a Special Meeting of the Common Council. Cappel seconded. Roll call vote results: Davis- yes, Brown- yes, Cappel- yes, Goldman- yes, Choat- abstained, Motion passed.

Clerk Edwards noted that she will not be present for the September 30, 2019 Special Meeting, the Mayor and Council acknowledged her long planned absence on that date and will name an individual to be the record keeper for the Special Meeting.

9/18/2019

NEW BUSINESS

5. Executive Session. There was no executive session.

6. Adjournment. Goldman motioned to adjourn. Davis seconded. All in favor. The motion passed

and the meeting adjourned at 8:54pm.

________________________________________

Ned Burns, Mayor

______________________________________

Marian Edwards, City Clerk/Treasurer

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A public hearing on the remanded CUP was heard by the PZ on November 29, 2018, the Commission reviewed Conditions E, F, and H, using the updated traffic study as instructed by the City Council, and again approved the CUP; the Findings of Fact, Conclusions of Law and Decision were signed on January 10, 2019.

I. GENERAL BACKGROUND

1. Notice of this public hearing was: i. published in the Idaho Mountain Express on August 21 and 28, 2019.

ii. sent certified and also by first class mail August 21, 2019 to all property owners within 300 feet of the external boundaries of these lots;

iii. posted on the subject property on August 21, 2019; iv. Posted on the door of Bellevue City Hall and the Bellevue Post Office on

September 4, 2019.

►Motion: I move that the notice for the Strahorn PUD Subdivision and Preliminary Plat are in compliance with applicable regulations of Section 2.39 of the Subdivision Ordinance, and Idaho Code §67-6509.

2. Any disclosures (i.e. conflicts of interest, site visits or ex parte communications)?

3. Application Materials All application materials were received on November 13, 2017, unless indicated otherwise and are included in your binder. An index is included in front of the binder that lists application materials, Staff Reports, Findings of Fact, Conclusions of Law and Decisions, public comments and agency comments. The application materials are available to the public on the City website.

*NOTE – The original application was submitted November 13, 2017 under the old zoning code and subdivision ordinances. As such, the format and verbiage contained in this report are used for evaluation by the Council as the Commission’s recommendation occurred under the old codes. Both codes were codified by Sterling Codifiers in 2018 and the new code is now referred to as the City Code.

III. PLANNED UNIT DEVELOPMENT STANDARDS AND CRITERIA BELLEVUE ORDINANCE 2006-15

4.1 STANDARDS AND CRITERIA. A. The standards and criteria set forth in this Ordinance shall apply to review of all PUD permit applications. The standards and criteria shall be used to review and evaluate the proposed PUD in comparison to the manner of development and effects of permitted uses and standard development allowed on the property in question.

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Modification or waiver from certain standard zoning and subdivision requirements may be permitted pursuant to sub-section 3.3.1.4 of this Ordinance. In order for a PUD permit application to be approved, the Council shall make a positive finding that each of the following evaluation standards and criteria have been met. The evaluation standards and criteria are as follows:

4.1.1. The tract or parcel of land proposed for PUD development shall be at least one acre in size and be under one ownership or the subject of an application filed jointly by the owners of all the property included therein. All land within the development shall be contiguous except for intervening waterways. Parcels that are not contiguous due to intervening streets are discouraged. However, under appropriate circumstances, commission and the Council may consider lands that include intervening streets on a case by case basis; The subject property is approximately 110 acres and is under one ownership, that being Strahorn Partners, LLC.

4.1.2 That the proposed PUD will not be detrimental to the present and permitted uses of surrounding areas; The surrounding uses are public lands and a residential subdivision.

4.1.3 That the proposed PUD will have a beneficial effect not normally achieved by standard subdivision development; The applicant provided additional detail with respect to the improvements above and beyond standard subdivision development he is providing in this Phase I. A PUD grants relief of some required standards of evaluation to the applicant when a public benefit is provided. The one modification the applicant is requesting is a reduced front yard setback from 25 feet wide to 20 feet wide. The public benefits the Commission considered were the addition of a booster station (location to be determined) and the donation of $7,000 - $15,000 to provide additional radio coverage for Bellevue emergency services.

4.1.4 The PUD shall be in harmony with the surrounding area; The surrounding uses are public lands and a residential neighborhood.

4.1.5 Densities and uses may be transferred between zoning districts within a PUD as permitted under this Ordinance, provided the residential development density of units and the total aggregate gross floor area of uses shall be no greater than that allowed in the zoning district or districts in which the development is located. Notwithstanding the above, the Council may grant an additional density bonus above the aggregate overall allowable density pursuant to Section 4.2 of this Ordinance or permit certain limited uses not otherwise permitted pursuant to Section 4.3 of this Ordinance; This standard does not apply because no density above the currently permitted density in the GR zoning district is being requested with this application. The GR zoning district permits a 6,000 square foot lot; the smallest lot in the subdivision is 6,018 square feet and the largest is 24,509 square feet.

4.1.6 That the proposed vehicular and non-motorized transportation system: 1. Is adequate to carry anticipated traffic consistent with existing and future development of surrounding properties. Slaughterhouse Gulch Road is proposed to be 80-feet-wide and includes a separated bike/ped pathway that will be improved in Phase I.

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All interior streets in Phase I are proposed to be 60 feet wide and will be private streets, therefore the City of Bellevue will not be responsible for their maintenance or repair. The Traffic Study done by Galena Engineers dated AUGUST, 2006 was referred to in the Conditional Use Permit and has been included in the Exhibits with the PUD application. Because the study was watermarked with “DRAFT”, the question arose as to whether this was a final study. Evaluation of correspondence between the City, Peak Hour Engineering and Jeff Loomis lead the Commission to the conclusion that the study is valid and the governing traffic study for the Strahorn project. The study was reviewed by the City Engineer and a comparison was made to the baseline traffic counts in that study to current traffic counts at ITD’s Hailey counter. The counts were found to be essentially unchanged. The P&Z found the conclusions of the traffic study from the annexation to still be valid today.

An appeal of the PZ decision was heard by the Council and they remanded the CUP back to the Commission for them to evaluate traffic impacts based on an updated traffic study. One of the findings the Commission made on the remand was that in light of the new traffic impact study (TIS), “the proposed subdivision will be adequately served by essential public highways and streets without the need for mitigation by the applicant.” Refer to the TIS study for additional detail. The subdivision will be accessed from Slaughterhouse Gulch Road which is proposed to be improved in Phase I.

2. With not generate vehicular traffic to cause undue congestion of the public street network within or outside the PUD. The subdivision will generate vehicular traffic typical of the surrounding residential development. The TIS was referenced in evaluation of this standard and the Commission found the proposed project will not generate undue congestion of the public street network in and around the PUD.

3. Is designed to provide automotive and pedestrian safety and convenience, and connectivity with existing streets, bike paths and other public pathways. The proposed development is intended to encourage vehicular traffic access via Slaughterhouse Gulch Road, and existing east-west access roadways. The proposed shared-use, asphalt path connects to an existing path adjacent to Slaughterhouse Gulch Road is intended to encourage non-motorized transportation alternatives to other public pathways.

4. Is designed to provide adequate snow removal and storage. The proposed roadway typical sections, and the 10’ wide public utilities easement adjacent to the right-of-way, provide for snow storage similar to existing public streets. Snow removal will be accomplished through City street maintenance activities on Slaughterhouse Gulch Road, and private snow removal activities on Cowcatcher Loop, when necessary.

5. Is designed so that traffic ingress and egress will have minimum impact on adjacent residential uses expect where connecting to existing streets is determined by the Council to be appropriate. The proposed development is intended to encourage vehicular traffic access via Slaughterhouse Gulch Road, and existing east-west access roadways, and to discourage vehicular traffic access via Sunrise Ranch Road.

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P&Z recommended a gate be located at Sunrise Ranch Road and emergency services only will be able to access the development through the gate.

6. Includes the use of landscape buffers or other physical separations to buffer vehicular movement and parking areas from adjacent uses or significant public view corridors. A landscape buffer measuring 1.6 acres is proposed along Slaughterhouse Gulch Road. It will be planted with Aspen and Choke Cherry trees, evergreen trees and native shrubs and grasses.

7. Is designed so that roads are placed so that disturbance or natural features and existing vegetation is minimized. The proposed road alignment is on relatively flat ground and will not disturb hillsides or unique vegetation. Any disturbance outside of Phase I will be remediated and a storm water protection plan will be in place and monitored.

8. Includes bike paths, trails and sidewalks that create an internal circulation system and connect to surrounding bike paths, trails and walkways. A shared-use, asphalt path is proposed along Slaughterhouse Gulch Road providing connection to surrounding paths and trails. A pathway through the residential development connects this shared-use path to the Sunrise Ranch Subdivision. Access to existing trails on public lands is not restricted by this development.

9. In each case where a PUD is located adjacent to public lands, public easements to those lands shall be provided. Access to public lands is either provided via a public access parcel, publicly accessible rights-of-way, or maintained as existing across private property. Parcel C acts as an easement to the water tank and as access to BLM lands.

4.1.7 That the development plan promotes the purposes and goals of the Bellevue Comprehensive Plan, the Bellevue Zoning Ordinance, and other applicable ordinances of the City;

Comp Plan:

Chapter 5, Land Use – Goal 3 “Ensure land uses that encourage a balance of business, light industrial, residential, recreation uses throughout the community.”

Chapter 7, Hazardous Areas, Goal 3 “Monitor any further development in Slaughterhouse Canyon.”

Chapter 9, Transportation “Connect parks and Bellevue Elementary to the Wood River Trail. The recommended connector is Broadford to Cottonwood, down Second Street, then Cedar to Slaughterhouse. This should be identified, developed and maintained as a bicycle and pedestrian route.” The applicant is proposing development of a bike/ped trail however it isn’t proposed to be developed until Phase III. The Commission should consider recommending installation of the trail improvements in this first phase of development to insure and enhance pedestrian connectivity and safety. Zoning Ordinance: The zoning ordinance requires PUD’s to acquire a Conditional Use Permit; the applicant has submitted that application.

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4.1.8 That the development plan preserves the site’s significant natural resources; The area is flat with the exception of Parcel D which contains existing trails; designated open space is preserved over this parcel. Parcel A is designated as open space and is encumbered with floodplain and a drainage easement. Neither of these parcels will be subject to further subdivision in order to preserve the sites natural resources.

4.1.9 Substantial buffer planting strips or other barriers are provided where no natural buffers exist; The applicant has indicated that Parcel A will be planted with native trees, shrubs and grasses. The species proposed include aspen, chokecherry and evergreen trees and native shrubs and grasses. Water Conservation Landscaping Guidelines have been adopted by the Council for all new developments and Strahorn Subdivision will be required to refer to the guidelines when selecting plant species.

4.1.10 Adequate usable open space shall be provided for the PUD. The following minimum requirements shall apply to usable open space: 1. No less than ten percent (10%) of the total net land area shall be usable open space in a configuration usable and convenient to the residents of the PUD and the public. 2. The applicant shall dedicate the usable open space and improvements to the homeowners or to the City or other appropriate public entity as determined appropriate by the Council. 3. Provision shall be made for adequate and continuing management and funding of all usable open spaces and all common facilities to ensure proper operation and maintenance.

The combined open space of Parcels A and B are calculated as 9%. The applicant is obligated to develop a 9 acres park within Phase 3.

The annexation agreement requires the applicant to file a PUD application complying with the PUD ordinance as modified by the annexation agreement, 1.7.2 and 1.7.3. While each phase is to contain all necessary elements and improvements to exist independently from future phases, park dedications and off-site requirements are expressly controlled by the annexation agreement. The amendment to the annexation agreement, while eliminating some payments and off-site improvements, does not alter this section. The applicant proposes the incorporation of a homeowner’s association for adequate and continuing management of open space.

4.1.11 Location of buildings, parking areas and common areas shall seek to provide adequate privacy within the PUD and in relationship to adjacent properties and reasonably protect solar access to adjacent properties; The corner lots and lots with 25% slope have building envelopes. Residential parking will have to occur on each private property at a minimum of 2 spaces per residence.

4.1.12 In addition to the usable open space set forth in paragraph 4.1.10 of this Ordinance, adequate public and private recreational facilities shall be provided.

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The public active recreational uses shall be in accordance with the City’s Comprehensive Plan and its Park Master Plan. Only twenty-five percent (25%) of required active recreational uses may be located within an avalanche area. Provision of adequate on-site recreational facilities may not be required if it is found that the project is of insufficient size or density to warrant same and the occupant’s needs for recreational facilities will be adequately provided by payment or a recreation fee in lieu of such facilities to the City for development of additional active park facilities; In consideration of the development of the 9 acres park in Phase 3, the Commission found this standard is met. Park dedications and of-site requirements have been controlled by the annexation agreement.

4.1.13 There is an adequate project center or building of sufficient size to provide for offices for homeowner administrative functions and meetings, and for weddings, reunions and other special event for the residents of the project. If the Common Council determines that the PUD is of insufficient size to create the demand for such a facility, the Common Council may waive this requirement; The Commission found this standard was met as this phase is of insufficient size to require a project center or building.

4.1.14 There shall be special development objectives and special characteristics or physical conditions of the site that justify the granting of a PUD permit; The development of the subdivision avoids areas of floodplain and hillside, which are physical conditions with special characteristics.

4.1.15 That public services, facilities and utilities are adequate to serve the proposed PUD and anticipated development within the appropriate service areas; The applicant shall provide public services for this development. A financial contribution of between $7,000 and $15,000 to upgrade radio and cell coverage in this subdivision has been made.

4.1.16 That the PUD will be adequately served by essential public services and facilities, such as police, fire, schools, water and sewer, transportation and recreation without substantial costs to the public; Refer to 4.1.15, above. No recreational amenities are being proposed in this Phase I. The park development requirements were consolidated into Large Block 5, a 9 acres parcel dedicated to the City and proposed to be developed in later phases.

4.1.17 All utilities, including telephone and electrical systems, shall be installed underground; The applicant will provide this detail in the construction drawings for the preliminary plat. Franchised utilities are anticipated to be installed in a joint trench agreement within public utilities easements and public access rights-of-way.

4.1.18 The proposed development can be completed within one (1) year of the date of approval or in the case of a phased development that each phase contains all the necessary elements and improvements to exist independently from proposed future phases of the PUD and a Phasing Agreement has been entered between the applicant and the Council;

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Phase I has all the necessary elements and improvements to exist independently from proposed future phases of the PUD and a Phasing Agreement shall be entered into at the Council level. While each phase is to contain all necessary elements and improvements to exist independently from future phases, park dedications and off-site requirements are expressly controlled by the annexation agreement.

4.1.19 That the application complies with each of the standards of evaluation and approval for a Conditional Use Permit under Chapter 9 of the Bellevue Zoning Ordinance; In addition to the standards of evaluation for a PUD, the standards of evaluation for a CUP have been met.

4.1.20 That the project complies with all applicable ordinances, rules and regulations of the City of Bellevue, Idaho, including but not limited to the Bellevue Zoning Ordinance and the Bellevue Subdivision Ordinance, except as modified or waived as permitted under this Ordinance; The applicant is proposing to modify the front yard setback from 25’ wide to 20’ wide, requesting relief from the zoning ordinance with respect to front yard setbacks.

4.1.21 Prior to and as a condition of issuance of a building permit for each single family home constructed within the project, the application shall be reviewed by the City Planning and Zoning Administrator, Building Official and Chairman of the Planning and Zoning Commission, which three member group is herein referred to as the “PUD Design Conformance Committee” (DRCC). The DRCC shall review all building permit applications and approve or deny same based upon the standard of: do the plans conform to the General Constructions Standards and the PUD Permit. All decisions of the DRCC shall be in writing. A decision of the DRCC is subject to appeals in the manner and within the time limits as set forth in Section 15.4 of this Ordinance; This standard required a DRCC to be formed to evaluate each building permit. The Design Review Guidelines in Chapter 19 of the Zoning Code don’t require design review for single family homes, however a duplex lot is proposed and this will be subject to the requirements of Chapter 19 of the Zoning Code.

4.1.22 The project is designed to reflect traditional neighborhood interaction and values, and to be connect to and integrate with the community. This first phase of development will extend existing roads into the development.

4.2 DENSITY BONUS. An application that meets all of the requirements of Section 4.1 of this Ordinance, may be granted the following maximum increases in residential development density as the Council deems appropriate based on the specifics of the project: N/A, no density bonus’ are being requested.

4.2.1 Ten percent (10%) if a recreational resource such as tennis courts, ball fields, swimming pool or gymnasium (including land, improvements, regulation of prices and provision for appropriate long-term funding) are dedicated to the City or made available to the general public under an agreement accepted by the Council;

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4.2.2 Five percent (5%) for incorporation of alternative energy, energy saving design, construction and materials;

4.2.3 Ten percent (10%) for public transportation facilities or other public buildings are provided to the City by the applicant;

4.2.4 Five percent (5%) for the restoration or improvement of natural resources, particularly system of wetlands and/or;

4.2.5 Ten percent (10%) for provision of Community Housing above that which is then required. None of the above listed items have been offered in Phase I of Strahorn Subdivision.

4.3 ADDITIONAL USES MAY BE ALLOWED. In addition to the permitted uses allowed by the Bellevue Zoning Ordinance within the PUD, up to ten percent (10%) of the net land area may be directed to other commercial, industrial, and public uses that are not allowed within the zoning district upon the Council finding each of the following: N/A, no additional uses are being proposed.

4.3.1 That the uses are appropriate with the permitted and primary uses within the PUD and nearby properties; The intended development of Phase I is for residential uses.

4.3.2 That the uses are intended to serve principally the residents of the PUD; The uses (single family homes) are intended for the resident of the PUD.

4.3.3 That the uses are planned as an integral part of the PUD and appropriately phased during the build out of the PUD; The residential use is the primary use of Phase I.

4.3.4 That the uses are located and designed as to provide direct access to a collector or arterial street without creating congestion or traffic hazards; The uses will have direct access to a collector or arterial street. Refer to Exhibit B-3, City Engineer comments.

4.3.5 That the uses are not detrimental to the nearby properties, the existing non-residential zoning districts with the City or existing economic base of the City.The nearby properties are developed as a residential subdivision and O’Donnell Park.

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IV. DECISION AND POSSIBLE CONDITIONS:

PLANNED UNIT DEVELOPMENT APPLICATION:

►Motion: I move to approve, approve with conditions, table (or) deny this Planned Unit Development application by Strahorn Partners, LLC, finding the application complies (or) does not comply with the applicable criteria set forth Bellevue Ordinance 2006-15, subject to the following conditions:

1. Additional radio and cell coverage shall be provided by the applicant prior to signing the Phase I Final Plat. The estimated amount of the equipment is between $7,000 and $15,000. This will include the purchase and installation of an antenna and booster equipment. Should this dollar amount be exceeded for unknown reasons at this time, the applicant shall pay all costs associated with additional radio and cell coverage.

2. The access to the existing BLM access road is indicated on the revised Preliminary Plat in more detail, including a 90-degree access from the proposed Slaughterhouse Gulch Road.**NOTE: This concern has been addressed in the revised plat and is no longer relevant.

3. The applicant shall obtain a will-serve letter from the City water and sewer departments prior to final plat approval. If capacity to serve is unclear, additional engineering studies may be necessary to clarify these impacts prior to final plat approval.

4. A revised FEMA study shall be submitted and approved prior to the recording of the Phase One Plat.

5. Disturbances over 1 acre shall require a Storm Water Protection Plan (SWPP).

6. Parcels A and D shall not be further subdivided and this shall be added as a plat note.

7. Water Conservation Guidelines shall be adhered to as adopted by the City.

8. A Homeowners Association shall adopt Covenants, Codes and Restrictions (CC&R’s) to provide for the maintenance and management of all open space and common areas. **NOTE: Staff recommends that a time period for CC&R’s shall be prior to recording of the Final Plat.

9. An easement agreement shall be executed between the City of Bellevue and the owner of Lot 5, Block 6, Sunrise Ranch Subdivision #2, for sewer main construction across said property. **NOTE: Staff recommends that a time period for CC&R’s shall be prior to recording of the Final Plat.

10. Any construction disturbance outside Phase I shall be remediated prior to signing the Phase I Final Plat.

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The Council may wish to discuss additional considerations such as: 1. An easement with BLM for the pump station. 2. The applicant shall build and dedicate a pump station to City Engineer specifications. 3. The applicant shall construct a pathway over Parcel B (bike/ped path).

IV. SUBDIVISION CRITERIA – ARTICLE IV, DEVELOPMENT AND DESIGN

4.6 LOT AND BLOCK REQUIREMENTS: a) Lot size, width, depth, shape, orientation, and minimum building set-back lines shall be in compliance with the zoning district in which the property is located; and compatible with the location of the subdivision and the type of development, and preserve solar access to adjacent properties and buildings; The minimum lot size for the General Residential (GR) District is 6,000 square feet. The lots within the subdivision range in size from 6,004 – 25,509 square feet.

b) Whenever a proposed subdivision contains lot(s), in whole or in part within the flood plain, or which contain land with a slope in excess of twenty-five percent (25%) based upon natural contours, or create corner lots at the intersection of two (2) or more streets, building envelopes shall be shown for the lot(s) so affected on the preliminary and final plats. The building envelopes shall be located in a manner designed to promote harmonious development of structures, minimize congestion of structures, provide open space and solar access for each lot and structure, and preserve hillside view corridors. Also, building envelopes shall be located to promote access to the lots and maintenance of public utilities, to minimize cut and fill for roads and building foundations, and minimize adverse impact upon environment, water courses, and topographical features; Building setback lines are shown on corner lots and lots with 25% slope. c) Corner lots shall contain a building envelope outside of a seventy-five-foot radius from the center point of intersection of the streets unless otherwise approved as defined in Chapter 5, Section 5.6.3.; Building envelopes are shown on all corner lots. d) Side lot lines shall be within twenty (20) degrees to a right angle or radial line to the street line; The side lot lines appear to meet this requirement.e) Double frontage lots shall not be created. A planting strip shall be provided along the boundary line of lots adjacent to arterial streets or incompatible zoning districts. Should a double frontage lot be created out of necessity, then such lot shall be reversed frontage lots; Phase I shows 10 double frontage lots. Item 3 (Page 5) of the original Annexation Agreement states that the layout of large blocks shall be generally consistent with the Project Plan. The City Engineer states that “Lots 6 and 7, Block 1 and Lots 13-20, Block 2 are double frontage lots adjacent to Slaughterhouse Gulch Road and Loop Road. The plat should specifically restrict access to Loop Road and buffer/planting strips should be considered along Slaughterhouse”. f) Minimum lot sizes in all cases shall be reversed frontage lot(s); N/Ag) Every lot in a subdivision shall have a minimum of twenty (20) feet of frontage on a dedicated public or approved private street; It appears each lot within Phase I has a minimum frontage of 20 feet.

4.7 BLOCK REQUIREMENTS: The length, width, and shape of blocks within proposed subdivision shall conform to the following requirements:

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a) No block shall be longer than one thousand (1000) feet, nor less than four hundred (400) feet between the street intersections, and shall have sufficient depth to provide for two (2) tiers of lots; It appears that the longest length of Block 3 is roughly 800 feet. There is a minimum of 400 feet between intersections.

b) Blocks shall be laid out in such a manner as to comply with the lot requirements; The blocks appear to be laid out in compliance with the lot requirements.

c) The layout of blocks shall take into consideration the natural topography of the subdivision and minimize cuts and fills for roads and minimize adverse impact on environment, water courses, and topographical features; The subject property is generally flat with the exception of areas contained on Lots 5-12, Block 2. These lots may have areas in excess of 25% slope. The plat shows the 25% slope line and lots with more than 25% slope have building envelopes to direct development away from the hillside. Page 9 of the narrative states that the development of the subdivision will not alter the floodplain. Because Parcel A contains the floodplain, it shouldn’t be further developed into platted lots.

d) Corner lots shall contain a building envelope outside of a seventy-five-foot radius from the intersection of the streets. Refer to the City Engineer comments and Section 4.6.C above.

4.8 STREET IMPROVEMENTS REQUIREMENTS: a) The arrangement, character, extent, width, grade, and location of all streets put in the

proposed subdivision shall conform to the comprehensive plan and shall be considered in their relation to existing and planned streets, topography, public convenience and safety, and the proposed uses of the land; The Comprehensive Plan makes specific reference to the Strahorn Subdivision in terms of continuing a bike and pedestrian route east. The applicant has revised the plat to show such a path. The bike/ped plan in Strahorn Subdivision will connect with the multi-use path along Slaughterhouse Road.

b) All streets shall be constructed to meet or exceed the criteria and standards set forth in the City’s Standard Specifications for Streets and Water, and all other applicable ordinances, resolutions, or regulations of the City of Bellevue, or any other governmental entity having jurisdiction there over, now existing or hereafter adopted, amended or codified; The Bellevue street standards require 80 foot-wide right of ways. The “parkway” proposed is an 80-foot-wide right of way dedicated to the public. The interior neighborhood streets are proposed to be 60 feet wide which is in accordance with the Annexation Agreement. Refer to Page 5 of the narrative and Exhibit A-9 of the revised Preliminary Plat for more detail on the road sections.

c) Where a subdivision abuts or contains an existing or proposed arterial street, railroad, or limited access highway right of way, the Council may require a frontage street, planting strip, or similar design features; N/A

d) Streets may be required to provide access to adjoining lands and provide proper traffic circulation through existing or future neighborhoods; The subject property is adjacent to public lands and the applicant has proposed a shared use asphalt path in Phase I.

e) Street grades shall not be less than three-tenths (.3%) percent and not more than seven (.7%) percent so as to provide for adequate drainage and snow plowing; N/A

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f) In general, partial dedications shall not be permitted. However, the Council may accept a partial street dedication when such a street forms a boundary of the proposed subdivision and is deemed necessary for the orderly development of the neighborhood, and provided the Council finds it practical to require the dedication of the remainder of the right of way when the adjoining property is subdivided. When a partial street exists adjoining the proposed subdivision, the remainder of the right of way shall be dedicated; N/A – no partial dedication proposed.

g) Dead-end streets shall be permitted as deemed appropriate by the Council when providing for future connectivity to adjacent lands and are in compliance with International Fire codes regarding turnarounds; Slaughterhouse Gulch Road dead-ends, however it will provide for future connectivity to adjacent lands.

h) A cul-de-sac or similar type street shall be permitted as deemed appropriate by the Council which complies with International Fire codes regarding turnarounds; N/A

i) Streets shall be planned to intersect as nearly as possible at right angles, but in no event at less than seventy (70) degrees; See 4.8(a) above.

j) Where any street deflects any angle of ten (10) degrees or more, a connecting curve shall be required having a minimum center line radius of three hundred (300) feet for arterial and collector streets, and one hundred twenty-five (125) feet for minor streets; The street center line should be submitted and approved by the City Engineer prior to construction. Two curves of 50 degrees are proposed on the minor street (Cowcatcher Loop).

k) Streets with center line off-sets of less than one hundred twenty-five (125) feet shall be prohibited; N/A

l) A tangent of at least one hundred (100) feet long shall be introduced between reverse curves on arterial and collector streets; N/A

m) Proposed streets, which are continuations of an existing street, shall be given the same names as the existing street. All new street names shall not duplicate or be confusing with the names of existing streets within Blaine County, Idaho. The subdivider shall obtain approval of all street names within the proposed subdivision from the commission before submitting same to Council for preliminary plat approval; The new proposed street names are Slaughterhouse Gulch Road and Cowcatcher Loop. Sunrise Ranch Road will be extended into the subdivision, however thru traffic will be limited. **NOTE: The Council may wish to re-evaluate the impacts of closing Sunrise Ranch Road on the circulation patterns around O’Donnell Park.

n) Street alignment design shall follow natural terrain contours to result in safe streets, useable lots, and minimum cuts and fills; The design of Cowcatcher Loop meets this standard.

o) Street patterns of residential areas shall be designed to create areas free of through traffic, but readily accessible to adjacent collector and arterial streets; As noted above, Sunrise Ranch Road is being extended into the subdivision. Due to the design of Cowcatcher Gulch Road, it still doesn’t lend itself to creating an area of through traffic. **NOTE: Refer to item m) Staff comments, above.

p) Reserve planting strips controlling access to public streets shall be permitted under conditions specified and shown on the final plat and all landscaping and irrigation systems shall be installed as required improvements by the subdivider;

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Planting strips are not proposed. Parcel D is proposed to be planted with native species and low water consumptive plantings.

q) In general, the center line of streets shall coincide with the center line of the street right of way and all cross-walk markings shall be installed by the subdivider as a required improvement; The center line coincides with the right of way; no cross-walks are proposed, however may be required in future phases.

r) Street lighting may be required by the Commission or Council where appropriate, and shall be installed by the subdivider as a requirement improvement; Four are proposed.

s) Private streets complying with International Fire codes shall be allowed as deemed appropriate by the Council; The annexation Agreement, Section 4.12 states that Slaughterhouse Road and the Sunrise Ranch Road extensions shall be dedicated to the City; all other roads within the development shall be private and the City shall not be obligated to undertake the maintenance thereof. The Bellevue Fire Chief has reviewed and approved these plans. Page 6 of the Narrative states that “proposed roadways, walks, street trees and landscaping associated with the proposed 80 and 50-foot-wide rights of way shall be dedicated to the City for operation and maintenance upon their completion”. The applicant has amended the project to now have Cowcatcher Loop be a private street and 60 feet wide.

t) Street signs shall be installed by the subdivider as a required improvement of a type and design approved by the administrator and shall be consistent with the type and design of existing street signs elsewhere in the City; A complete signage plan, including radius signage, will be submitted as part of the construction drawings to be reviewed and approved by the City Engineer prior to commencement of construction. This has been added to the list of suggested conditions.

u) Bridges: Wherever a proposed subdivision requires construction of a new bridge, or will create substantial additional traffic which will require construction of a new bridge or improvement of and existing bridge, said construction or improvement shall be a required improvement by the subdivider. Said construction or improvement shall be in accordance with adopted standard specifications therefore; N/A

v) Sidewalks, curbs, and gutters may be a required improvement installed by the subdivider.The streets, as designed, do not include sidewalks and are designed to the section shown in Exhibit F of the Development Agreement.

w) Prior to final plat signature, the first chip sealing applied to new dedicated streets and applicable private streets shall be completed by the developer or bonded for by the developer for any Subdivision, Planned Unit Development or Condominium plat. This will be a requirement to be completed prior to final plat signature.

4.9 ALLEY IMPROVEMENT REQUIREMENTS: Alleys shall be provided in commercial and light industrial zoning districts, and may be required in residential districts. The width of an alley shall be not less than twenty-five (25) feet. Alley intersections and sharp changes in alignment shall be avoided, but where necessary corners shall be provided to permit safe vehicular movement. Dead-end alleys shall comply with the International Fire codes regarding turnaround requirements.

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Improvement of alleys shall be done by the subdivider as a required improvement and in conformance with design standards specified in subsection 4.8 (b). N/A - no new alleys are being proposed.

4.10 REQUIRED EASEMENTS: Easements, as set forth hereinafter, shall be required for location of utilities and other public services, to provide adequate pedestrian circulation and access to public waterways and lands: a) A public utility easement at least ten (10) feet in width shall be required within the street right of way boundaries of all streets; A 10-foot-wide public utility easement is shown throughout the subdivision.b) a subdivision contains or borders on a water course, drainage way, channel or stream, an easement shall be required of sufficient width to contain said water course and provide access for private maintenance and/or reconstruction of said water course; Parcel A has drainage running the length of and may contain up to 1 foot of sheet flooding in spring run-off conditions. Parcel A should be specifically designated as a drainage easement to meet this standard. c) All subdivisions which border the Bigwood River or any tributary shall dedicate a twenty (20) foot fisherman and unaltered riparian easement along the river bank. Furthermore, the Council shall require in appropriate areas an easement providing access through the subdivision to the bank as a sportsman’s access. These easement requirements area minimum standards and in appropriate cases where a subdivision abuts a portion of the river adjacent to an existing pedestrian easement, the Council may require an extension of that easement along the portion of the river bank which runs through the proposed subdivision; N/A d) All subdivisions which border on the Bigwood River or any tributary shall dedicate a one hundred (100) foot flood plain management easement upon which no permanent structure shall be built in order to protect the natural vegetation and wildlife along the river bank and to protect structures from damage or loss due to river bank erosion; N/Ae) All subdivisions through with appropriate access to public lands are found to exist shall dedicate reasonable public access easements thereto as part of the subdivision traffic circulation.The subject property is adjacent to public lands and the applicant has stated on page 5 of the narrative that an 8-foot-wide multi-use path is proposed but will be delayed until later phases since connections to public lands are maintained in Phase I. This has now been revised to include a shared-use asphalt path along Slaughterhouse Road. Parcel C is 20 feet wide and is designated on the plat as new access to the water tank. This parcel also provided access to BLM land to the south and east of the development and should also be dedicated for this purpose. f) No ditch, pipe, or structure for irrigation water or irrigation waste water shall be constructed, rerouted, or changed in the course of planning for or constructing required improvements within a proposed subdivision unless same has first been approved in writing by the ditch company or property owner holding the water rights thereto. A written copy of such approval shall be filed as part of required improvement construction plans; N/A

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g) Non-vehicular transportation system easements including pedestrian walkways, bike paths, equestrian paths, and similar easements shall be dedicated by the subdivider to provide an adequate non-vehicular transportation system throughout the City. Such improvements may be calculated towards required park land dedication requirements as set forth in the adopted Bellevue Parks Master Plan. The subject property is adjacent to public lands and the applicant has stated on page 5 of the narrative that an 8-foot-wide multi-use path along Slaughterhouse Gulch Road is proposed but will be delayed until later phases since connections to public lands are maintained in Phase I. The applicant revised the project to include a shared-use asphalt path in Phase I.

4.11 SANITARY SEWAGE DISPOSAL IMPROVEMENTS: Central sanitary sewer systems shall be installed in all subdivisions and connected to the Bellevue Sewage Treatment System as a required improvement by the subdivider. Construction plans and specifications for central sanitary sewer extension shall be prepared by the subdivider and approved by the City Engineer, Council, and Idaho Health Department prior to final plat approval. In the event that the sanitary sewage system of a subdivision cannot connect to the existing public sewage system, alternative provisions for sewage disposal in accordance with the requirements of the Idaho Department of Health and the Council may be constructed on a temporary basis until such time as connection to the public sewage system is possible. In considering such alternative provisions, the Council may require an increase in the minimum lot size and may impose any other reasonable requirements, which it deems necessary to protect public health, safety and welfare. A detailed water plan and sewer plan including pipe sizes, manhole locations, vertical and horizontal separation, slopes, etc. should be provided and approved by the city engineer prior to construction. “Will serve” letters indicating adequate capacity from the City of Bellevue water and sewer departments should be provided as a condition of approval. Water model and wastewater model/capacity studies may be required to assure capacity.

4.12 WATER SYSTEM IMPROVEMENTS: A central domestic water distribution system shall be installed in all subdivisions by the subdivider as a required improvement. The subdivider shall also be required to locate and install an adequate number of fire hydrants within the proposed subdivision according to specifications and requirements of the City under the supervision of the Bellevue Fire Department and other regulatory agencies having jurisdiction thereover. Furthermore, the central water system shall have sufficient flow for domestic use and adequate fire flow. All such water systems installed shall be looped extensions and non-dead-end systems shall be permitted. All water systems shall be connected to the municipal water system and shall meet the standards of the following agencies: Idaho Department of Public Health, Idaho Survey and Rating Bureau, District Sanitarian, Idaho State Public Utilities Commission, Idaho Department of Reclamation, and all requirements of the City of Bellevue. See note 4.11, above.

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4.13 PLANTING STRIP IMPROVEMENTS: Planting strips shall be required improvements. When a predominantly residential subdivision is proposed for land adjoining incompatible uses or features such as highways, railroads, commercial or light industrial districts, or off-street parking areas, the subdivider shall provide planting strips to screen the view of such incompatible features. The subdivider shall submit a landscaping plan for said planting strip with the preliminary plat application and the landscaping shall be a required improvement. The first sentence in the standard states that “planting strips shall be required improvements”. The standard goes on with language that references “land adjoining incompatible uses”. The proposed use is a residential subdivision adjoining another residential subdivision and undeveloped GR zoned property.

4.14 CUTS, FILLS, AND GRADING IMPROVEMENTS: Proposed subdivisions shall be carefully planned to be compatible with natural topography, soil conditions, geology and hydrology of the site, as well as to minimize cuts, fills, alterations of topography, streams, drainage channels, and disruption of soils and vegetation. The design criteria shall include the following: a) A preliminary soil report prepared by a qualified engineer may be required by the

Commission and/or Council as part of the preliminary plat application; b) Preliminary grading plan prepared by a civil engineer shall be submitted as part of all

preliminary plat applications. Said plan shall contain the following information: 1) Proposed contours at a maximum of five (5) foot contour intervals; 2) Cut and fill banks in pad elevations; 3) Drainage patterns; 4) Areas where trees and/or natural vegetation will be preserved; 5) Location of all street and utility improvements including driveways to

building envelopes, and any other information which may be reasonably required by the administrator, Commission, or Council to adequately review the effect of the proposed improvements.

c) Grading shall be designed to blend with natural land forms and to minimize the necessity of padding or terracing of building sites, excavation for foundations, and minimize the necessity of cuts and fills for streets and driveways;

d) Areas within a subdivision which are not well suited for development because of existing soil conditions, steepness of slope, geology or hydrology shall be allocated for open space for the benefit of future property owners within the subdivision.

e) Where the existing soils and vegetation are disrupted by subdivision development, provision shall be made by the subdivider for re-vegetation of disturbed areas with perennial vegetation sufficient to stabilize the soil upon completion of the construction. Until such times as said re-vegetation has been installed and established, the subdivider shall maintain and protect all disturbed surfaces from erosion;

f) Where cuts, fills, or other excavation are necessary, the following development standards shall apply:

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1) Fill areas shall be prepared by removing all organic material detrimental to proper compaction for soil compatibility,

2) Fills shall be compacted to at least ninety-five percent (95%) of maximum density as determined by ASSHO T99 (Am. Assoc. State Highway Officials) and ASTM D698 (Am. Stnd. Testing Methods),

3) Cut slopes shall be no steeper than two (2) horizontals to one (1) vertical. Subsurface drainage shall be provided as necessary for stability,

4) Fill slopes shall be no steeper than three (3) horizontal to one (1) vertical. 5) Toes of cut and fill slopes shall be set back from property boundaries a

distance of three (3) feet plus one-fifth (1/5) of the height of the cut or the fill but may not exceed a horizontal distance of ten (10) feet; tops and toes of cuts and fill slopes shall be set back from structures at a distance of at least six (6) feet plus one-fifth (1/5) of the height of the cut or fill. Additional setback distances shall be provided as necessary to accommodate drainage features and drainage structures.

No grading plan has been submitted. A detailed grading and drainage plan including runoff calculations and drywell sizing and capacity specifications should be provided and approved by the City Engineer prior to construction; this has been added as a condition of approval.

4.15 DRAINAGE IMPROVEMENTS: The subdivider shall submit with the preliminary plat application, such map, profiles, and other data prepared by an engineer to indicate the proper drainage of the surface water to natural drainage courses or storm drains, existing or proposed. The location and width of the natural drainage courses shall be shown as an easement common to all owners within the subdivision and the City on the preliminary and final plat. All natural drainage courses shall be left undisturbed or be improved in a manner that will increase the operating efficiency of the channel without overloading its capacity. An adequate storm and surface drainage system shall be a required improvement in all subdivisions and shall be installed by the subdivider. Culverts shall be required where all water or drainage courses intersect with streets, driveways, or improved public easements and shall extend across and under the entire improved width thereof including shoulders. See note 4.14, above.

4.16 UTILITIES: In addition to the terms mentioned hereinabove, all utilities including but not limited to, electricity, natural gas, telephone, and cable services shall be installed underground as a required improvement by the subdivider. Adequate provision for expansion of such services within the subdivision or to adjacent lands including installation of conduit pipe across and underneath streets shall be installed by the subdivider prior to construction of street improvements. A consideration for this area is that there is no cell service coverage. No utilities plan is submitted. The proposed ROW’s and public utility easements appear to allow for sufficient space to place all necessary utilities.

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4.17 OFF-SITE IMPROVEMENTS: Where the off-site impact of a proposed subdivision is found by the Commission or Council to create substantial additional traffic or other impacts, improvements to alleviate such impacts may be required of the subdivider as a condition of preliminary plat approval and prior to final plat approval, including, but not limited to, bridges, intersections, roads, traffic control devices, water mains and facilities, and sewer mains and facilities. A booster station to improve water pressure in Sunrise Ranch Subdivision, a cell tower and an updated FEMA study are being proposed.

**NOTE: Section 4.18, below, lists park contribution are a requirement of subdivision. The applicant indicates that park dedication was fulfilled at the time of annexation; improvements will be provided in future phases of this development, however none of these are proposed in Phase I. In order to meet the standard, 4.18.6 below, the Commission and Council will need to make a positive finding that it is beneficial to the project to not provide pathway(s) in this phase.

4.18 PARKS, PATHWAYS AND OTHER GREEN SPACES

4.18.1 Definitions

4.18.1.1 Park. A parcel of land dedicated to the City or privately owned and clearly accessible to the public free of charge for non-exclusive recreation and/or cultural use. A park is maintained for the primary purposes of diverse recreational and social opportunities. A park may include one of the following:

a. Mini Park. A parcel of land, between one-quarter acre and one acre in size that is privately owned and maintained, unless otherwise allowed by the Council, but that is used for non-exclusive public recreation and/or cultural purposes.

b. Neighborhood Park. A parcel of land generally between one and ten acres in size dedicated to the City for non-exclusive public recreation and/or cultural use.

c. Park/Cultural Space. A parcel of land less than one-quarter acre in size and located in the Business (B), Limited Business (LB) and Transitional (TN) zoning districts, that is privately owned and maintained but that is used for non-exclusive public recreation and/or cultural purposes. A Park/Cultural Space may include courtyards, plazas, gardens, expanded sidewalks and covered areas, provided access to the Park/Cultural Space is available from a public street or property and is normally open to the exterior (e.g., not enclosed in a building).

4.18.1.2 Pathways. A meaningful pedestrian circulation system dedicated or granted by easement for public use, such as sidewalks and trails that are physically separated from vehicular traffic thoroughfares, which connects to major trail systems, parks, schools, shopping areas and community assets.

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4.18.1.3 “Green space” Land dedicated or restricted as parks, pathways, connective greenways, recreational assets and/or open space.

4.18.1.4 “Bellevue Parks Committee” is the recommending body whose members are appointed by the City Council. The Board was created by Resolution 2003-365, on September 30, 2003.

4.18.1.5 “Master Plan” is the Bellevue Parks Master Plan, adopted by Resolution on July 13, 2006, as may be amended from time to time.

4.18.2 Parks and Pathways. Unless otherwise provided, every subdivision shall set aside Park(s) and/or Pathway(s) in accordance with standards set forth herein.

4.18.3 Local Governing Body Powers. The Bellevue Parks Committee shall review and make a recommendation to the Planning and Zoning Commission and City Council regarding each application for subdivision or development of 5 residential units or more. Such recommendation will be based on compatibility with the Master Plan and the Recreation Section of the Comprehensive Plan, and compliance with the provisions of this Ordinance.

4.18.4 Contribution

4.18.4.1 The developer of each residential subdivision, or any part thereof, consisting of five (5) or more residential lots, without regard to the number of phases within the subdivision, shall set aside or acquire land area within, adjacent to, or in the general vicinity of the subdivision for parks. Parks shall be within the City of Bellevue. Parks shall be set aside in accordance with the following formula:

P = x multiplied by .0322 “P” is the park contribution in acres “x” is the number of single family lots, townhouse sublots, or condominium units

contained within the plat. Where multi-family lots are being platted with no fixed number of units, “x” is maximum number of residential units possible within the subdivision based on current zoning regulations.

In the event the subdivision is located in the Business (B), Limited Business (LB), Neighborhood Business (NB), or Transitional (TN) zoning districts, the area required for a Park shall be reduced by 75%, but in no event shall the area required for a Park/Cultural Space exceed 17.5% of the area of the lot(s) being developed.

4.18.5 Multiple Ownership where a parcel of land is owned or otherwise controlled, in any manner, directly or indirectly,

i. by the same individual(s) or entity(ies), including but not limited to corporation(s), partnership(s), limited liability company(ies) or trust(s), or

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ii. by different individuals or entities, including but not limited to corporations, partnerships, limited liability companies or trusts where a) such individual(s) or entity(ies) have a controlling ownership or contractual right with the other individual(s) or entity(ies), or b) the same individual(s) or entity(ies) act in any manner as an employee, owner, partner, agent, stockholder, director, member, officer or trustee of the entity(ies) multiple subdivisions of said parcel that cumulatively result in 5 or more dwelling units, are subject to the provisions of this ordinance, and shall provide the required improvements subject to the required standards at or before the platting or development of 5 or more dwelling units.

4.18.6 Minimum Required Improvements.

a. Private Green Space. Use and maintenance of any privately-owned Green Space shall be controlled by recorded covenants or restrictions which run with the land in favor of the future owners of the property within the tract and which cannot be modified without the consent of the Council.

b. Mini Park. Mini Park improvements shall be made by the Developer. A certified landscape plan shall be prepared by a landscape architect depicting the following:

A Mini Park shall include finished grading and ground cover, trees and shrubs, picnic table(s), trash container(s), dog station(s), bike racks and park bench(es). All Mini Parks shall provide an average of 15 trees per acre, of which at least 15% shall be of 4" caliper or greater. The remaining percentage shall be of a minimum of 2.5” caliper or greater. Evergreen species shall be of a height no less than eight’ (8) feet in height. A maximum of 20% of any single tree species may be used. Landscaping and irrigation shall integrate water conservation.

c. Neighborhood Park. Neighborhood Park improvements shall be made by the Developer. A certified landscape plan shall be prepared by a landscape architect depicting the following:

A Neighborhood Park shall include finished grading and ground cover, large grassy areas, trees and shrubs, sheltered picnic table(s), trash container(s), dog station(s), bike rack(s), park bench(es), parking as required by ordinance, and two or more of the following: play structure, restrooms, an athletic field, trails, hard surface recreational court (i.e. tennis or basketball courts), or gardens that demonstrate conservation principles. Neighborhood Parks shall provide an average of 15 trees per acre, of which at least 15% shall be of 4" caliper or greater. The remaining percentage shall be of a minimum of 2.5” caliper or greater. Evergreen species shall be of a height no less than eight’ (8) feet in height. A maximum of 20% of any single tree species may be used. Landscaping and irrigation shall integrate water conservation.

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d. Park/Cultural Space. Park/Cultural Space park improvements shall be made by the Developer. A certified landscape plan shall be prepared by a landscape architect depicting the following:

A Park/Cultural Space shall include benches, planters, trees, public art, water features and other elements that would create a gathering place. Connective elements, such as parkways or enhanced sidewalks may also qualify where such elements connect two or more Parks or Park/Cultural Spaces.

e. Pathway. Pathways shall be paved or improved as recommended by the Master Plan and/or City Standards. Construction of Pathways shall be undertaken at the same time as other public improvements are installed within the development, unless the Council otherwise allows when deemed beneficial for the project. The Developer shall be entitled to receive a Park dedication credit only if the Developer completes and constructs a Pathway identified in the Master Plan, or completes and constructs a Pathway not identified in the Master Plan where the Pathway connects to existing or proposed trails identified in the Master Plan. The City may permit easements to be granted by Developers for Pathways identified in the Master Plan, thereby allowing the Developer to include the land area in the determination of setbacks and building density on the site, but in such cases, a Park dedication credit will not be given. A Developer is entitled to receive a credit against any area required for a Park for every square foot of qualified dedicated Pathway right-of-way.

4.18.7 Specific Park Standards. Land proposed to be dedicated for recreation purposes shall meet the minimum applicable requirements required by this Ordinance based on the identified needs and standards contained within the Master Plan and the Recreational Section of the Comprehensive Plan. All parks, green space, and trails shall meet the following criteria for development location and size (unless unusual conditions exist that prohibit meeting one or more of the criteria):

4.18.7.1 Shall provide safe and convenient access, including ADA standards.

4.18.7.2 Shall not be gated so as to restrict access and shall not be configured in such a manner that will create a perception of intruding on private space. If a Park is privately owned and maintained, the use of the park shall not be exclusive to the homeowners, residents or employees of the development.

4.18.7.3 Shall be configured in size, shape, topography and improvements to be functional for the intended users. To be eligible for park dedication credit, land dedicated must be located on slopes less than 15 degrees, and must be located outside of drainways, floodways and wetland areas. Mini Parks shall not be occupied by non-recreational buildings and shall be available for the use of all the residents or employees of the proposed subdivision.

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4.18.7.4 Shall not create undue negative impact on adjacent properties and shall be buffered from conflicting land uses.

4.18.7.5 Shall not create undue demands on city services.

4.18.7.6 Shall require low maintenance, or provide for maintenance or a maintenance endowment. 4.18.8 Pathway Standards. Pathways shall be connected, when required, in a useful manner to other recreation opportunities.

4.18.8.1 The developer shall define a meaningful pedestrian circulation system for each development, which connects to the major trail system, parks, schools, shopping areas and community assets. Developer shall install sidewalks and trails as required by ordinance according to City Standards.

4.18.8.2 The developer shall construct and pave all trails through and abutting their developments identified in the Master Plan. Such trail improvements shall be undertaken at the same time as other public improvements are installed within the development, (i.e., grading with site grading and paving with street or parking lot paving). Deviation from this timing requirement may be allowed only when deemed beneficial for the project. Park dedication credit may be given for trails and pedestrian improvements identified in the Master Plan.

4.18.8.3 The developer may complete, construct and pave all trails not identified in the Master Plan. Park dedication credit may be given for such trails if they connect to existing or proposed trails identified in the Master Plan.

4.18.8.4 The City may permit easements to be granted by developers for trail corridors identified in the Master Plan, thereby allowing the developer to include the land area in the determination of setbacks and building density on the site. In such cases, park dedication credit will not be given.

4.18.9 Green Space Standards. Preserved green space within proposed developments shall be designed to be contiguous and interconnecting with adjacent green space (both existing and potential future space).

If green space is required or offered as part of a subdivision, townhouse or condominium development, all green space shall meet the following criteria for development, location and size (unless unusual conditions exist that prohibit meeting one or more of the criteria):

4.18.9.1 Public and private green spaces on the same property or adjacent properties shall be complementary to one another. Green space within proposed developments shall be designed to be contiguous and interconnecting with any adjacent

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Green Space (both existing and potential future space).

4.18.10 Dedication and Maintenance. With the exception of Mini Parks, all park land shall be dedicated to the City of Bellevue upon completion, unless otherwise allowed by the City Council upon recommendation by the Parks and Lands Board. Parks shall be guaranteed by bond and maintained by the developer until each lot is developed in the Subdivision and for a minimum period of not less than two years. Any privately owned and maintained park or recreation space (by the future residents or business owners of the subdivision) must meet the following:

4.18.10.1 Land area shall not be occupied by non-recreational buildings and shall not be exclusive to the homeowners, residents or employees of the development.

4.18.10.2 The use of the private green space shall be restricted for park, playground, trail green space or recreational purposes by recorded covenants which run with the land in favor of the future owners of the property within the tract and which cannot be modified without the consent of the City Council.

4.18.10.3 The facilities dedicated for such purposes are in accordance with the provisions of the recreational element of the Master Plan and the Comprehensive Plan.

4.18.10.4 The private ownership and maintenance of the green space and parks shall be adequately provided for by written agreement.

4.18.11 In-Lieu Contributions After receiving a recommendation by the Parks Committee, the Council may at their discretion approve and accept voluntary cash contributions in lieu of Park land dedication and Park improvements.

4.18.11.1 The voluntary cash contributions in lieu of Park land shall be equivalent to the area of land (e.g., square footage) required to be dedicated under this ordinance multiplied by the fair market value of the land (e.g., $/square foot) in the development at the time of preliminary plat approval by the Council. The City shall identify the location of the property to be appraised, using the standards in Sections 4.10.5.4 and 4.10.5.5 of this ordinance. The appraisal shall be submitted by a mutually agreed upon appraiser and paid for by the applicant.

4.18.11.2 Except as otherwise provided, the voluntary cash contribution in lieu of Park land shall also include the cost for Park improvements, including all costs of acquisition, construction and all related costs. The cost for such improvements shall be based upon the estimated costs provided by a qualified contractor and/or vendor.

In the Business (B), Limited Business (LB), Neighborhood Business (NB) and Transitional (TN) zoning districts, in-lieu contributions will not include the cost for Park improvements.

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4.18.11.3 In-lieu contributions must be segregated by the City and not used for any other purpose other than the acquisition of Park land and/or Park improvements, which may include upgrades and replacement of Park improvements. Such funds should be used, whenever feasible or practicable, on improvements within walking distance of the residents of the subdivision.

IV. DECISION AND POSSIBLE CONDITIONS:

PRELIMINARY PLAT:

►Motion: I move to approve, approve with conditions, table (or) deny this Preliminary Platapplication by Strahorn Partners, LLC, finding the application complies (or) does not comply with the applicable criteria set forth in Chapter 9, Bellevue Zoning Ordinance 86-03, Conditional Use Permit, subject to the following conditions:

1. The applicant shall obtain a will-serve letter from the City water and sewer departments and approved by the City Council prior to final plat approval. If capacity to serve is unclear, additional engineering studies may be necessary to clarify these impacts prior to final plat approval. **NOTE: Staff recommends this condition should be revised to include language that will require the developer to pay all costs associated with these additional studies.

2. Additional radio and cell coverage shall be provided by the applicant prior to signing the Phase I Final Plat. The estimated amount of the equipment is between $7,000 and $15,000 and the applicant shall reimburse the City for this cost. This will include the purchase and installation of an antenna; this is an off-site improvement. Should this dollar amount be exceeded for unknown reasons at this time, the applicant shall pay all costs associated with additional radio and cell coverage.

3. The applicant shall reimburse the City for the cost of booster equipment, for the purpose of boosting water pressure in the Sunrise Ranch Subdivision; this is an off- site improvement.

4. Fire hydrants shall be installed at a minimum separation distance of 400 feet. 5. Covenants, Codes and Restrictions (CC&R’s) shall be reviewed and approved prior to

Final Plat approval. 6. A revised FEMA study shall be submitted prior to the recording the Phase I plat. 7. A plat note shall be added that states: “Parcels A and D shall not be further

subdivided.” 8. Three street lights shall be installed in the Strahorn Subdivision with the addition of

one at the radius of Slaughterhouse Gulch Road. 9. Dust and weed abatement shall be conducted during the construction of the Phase I

infrastructure. Such dust and weed abatement measures shall be included in the Grading and Erosion and Sediment Control plans to be included with the construction drawings to be reviewed and approved by the City Engineer prior to construction.

10. Construction drawings shall be reviewed and approved by the City Engineer prior to construction.

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11. A complete signage plan shall be submitted and approved by the City Engineer prior to construction.

12. A detailed grading and drainage plan including runoff calculations, drywell sizing and capacity specifications shall be provided and approved ty the City Engineer prior to construction.

13. The existing access to the water tank parcel across proposed Parcel A shall be closed and revegetated to its natural state prior to final plat approval.

14. Prior to final plat signature, the first chip sealing applied to new dedicated streets and applicable private streets shall be completed by the developer or bonded for by the developer for any Subdivision, Planned Unit Development or Condominium plat.

15. A public utility easement for a sewer connection shall be granted by the property owner of Lot 5, Block 6, Sunrise Ranch Subdivision #2.

09-04-2019

To: Bellevue City Council and Community Development Director

From: Karl Pearson, 300 Sunrise Ranch Road Bellevue ID

Subject: September 9, 2019 Public hearing comments for Planned Unit Development (PUD) and

Preliminary Plat, Phase 1 Strahorn Subdivison

I’m an immediate neighbor and stakeholder to the proposed Strahorn Phase 1 subdivision and I have

concerns about the proposed PUD and Preliminary Plat for Phase 1 of Strahorn Subdivison.

First, in regard to recreation, the subdivision plan does not adequately address trails, parking, and access

points to adjacent BLM trails. I propose that a year round parking area that can hold about 10 cars be

added in the Southwest corner of the Phase 1 preliminary Plat. This is where people currently park to

use the trails in the area. A permanent year round designated parking area that can be plowed during

the winter would serve the current and future recreational uses of the area and would discourage

undesirable street side parking in the Sunrise Ranch area and would help the city be firewise by

discouraging random driving and parking on dry grass further up the canyon.

I also strongly suggest that a well thought out trail plan be added prior to approving the PUD for Phase

1. The plan should show how trails proposed in the Phase 1 subdivision will provide needed access to

popular BLM trails in the area especially to popular BLM trails to the Southeast of Phase 1 that lead to

the water tank and ridge trail above. This trail plan should include input from BLM and BCRD and show

parking areas, motorized and non-motorized trails, existing and proposed trails within and adjacent to

all phases of the Strahorn PUD.

All trail construction within the boundaries of Phase 1 per the above plan should be required to be

completed at the same time as other infrastructure ie. roads, water, sewer, etc.

These recommended recreation modifications supports PUD Standards and Criteria, Bellevue Ordinance

10-24-4: A2, A3, A6h, A12.

Second, the Phase 1 preliminary Plat is not in harmony with the adjacent Sunrise Ranch subdivision. The

proposed lots immediately adjacent to the existing homes in Sunrise Ranch are about half the size of the

Sunrise Ranch homes. To make for a less abrupt transition I recommend that the lots adjacent to the

current homes in Sunrise ranch be the same size as the Sunrise Ranch lots. This recommended

modification supports PUD Standards and Criteria, Bellevue Ordinance 10-24-4: A4.

Please don’t hesitate to contact me with any questions,

Thank you,

Karl Pearson

208-309-2729

1

Marian Edwards

From: James W. Phillips, attorney at law <phillipslaw@cox.net>

Sent: Friday, September 13, 2019 10:08 AM

To: Marian Edwards; Diane Shay; mayornedbellevue@gmail.com; Kathryn Goldman; Greg

Cappel; shaunmahoney@yahoo.com; tammy@timelessdesigns.studio; Frederick

Allington

Subject: Strahorn PUD Public Comment

Dear Mayor and Council:

At your last public hearing, Strahorn made the argument that (1) because the Annexation Agreement was adopted by ordinance it controls over the city’s ordinances and (2) that it is not a contracting away of the city’s police power. With all due respect, that argument amounts to legal nonsense. The city cannot by ordinance exempt one person or entity from complying with its laws whether that is Strahorn or anyone else.

Furthermore, when the city enters an agreement (any agreement), it is not exercising its police power. The police power is the basic power of governments to make laws and regulations and impose sanctions for their violation. The fact that the Annexation Agreement may have been an exhibit to an Annexation Ordinance does not make it a police power ordinance that magically trumps the city’s laws. The Annexation Agreement cannot “modify” the city’s ordinances so that they need not be followed by any specially chosen person or entity.

The comments about Phase 1 of Strahorn not having to independently meet the PUD ordinance standards (like “being able to stand alone” and having “special benefits”) because it is part of the larger Strahorn PUD, brought the question to mind: when was the larger Strahorn PUD approved? The written findings and decision approving that PUD application need to be part of the record that the Council considers when it determines if and how Phase 1 meets the PUD standards.

At this juncture, it appears that the Council plans to methodically go through the application and the record, and determine its shortcomings and what improvements can be made to justify granting PUD approval. Carefully crafting the conditions of any approval to address those objectives will be important. In this endeavor, the Council has my support and that of the Citizens’ Committee that I represent.

Please place this letter in the public record regarding the Strahorn Phase 1 PUD application. Again, I thank you for taking the time to consider my comments.

Sincerely,

Jim Phillips

717 Elm Street, Bellevue, ID. 83313

, 2 0 1 9

B e l l e v u e C i t y Co unc i l 1 1 5 E a s t P i n e S t r e e t B e l l e v u e , ID . 8 3 3 1 3

Dear Mayor Burns and City Council Members,

I am writing to you in regards to the PUD application for the Strahorn Subdivision which will be discussed at the

Bellevue City Council Meeting September 9, 2019 as my family and I will not be able to attend. According to 10-24-

1B of the city codes one of the purposes of the PUD process is to “promote efficient use of both land and public

streets”. As residents of 717 Elm Street, Bellevue, ID we would be directly impacted by this project. We feel

BOTH the developer and the city have a legal responsibility to contribute the following infrastructural improvements

to help mitigate the hardship created to existing Bellevue residents. It seems wise to consider the cost of these

upfront, rather than having the financial burden placed on the City of Bellevue and it’s residents later.

1) 10-24-4: PUD Standards and Criteria Item 6 Sets standards for transportation. The current infrastructure is

inadequate to accommodate the additional traffic this subdivision will create. In order to meet these

requirements we could plan to Reopen Cedar Street as a one-way with traffic flowing westward in the

am and eastward in the pm to accommodate the additional traffic. I know the grade is currently too

steep to act as a two-way, but certainly this would have a MAJOR impact in both improving traffic flow as

well as keeping traffic away from the 8th Street O’Donnell Park parking area as well as the playground.

This would be a DIRECT route to school without zig zagging unnecessarily around neighborhoods.

Perhaps if snow removal is still too much of a problem this street could only be open seasonally.

2) Safe Route to School for the kids should parallel this so they don’t have to enter the “danger zone” on Elm

Street between 6th and 7th streets to get there. I realize this would be a costly project, but the dividends

seem well worthwhile.

3) The PUD plan currently shows an “emergency gate”. We feel keeping this open as a viable public access

for anyone would help to share the traffic load between Pine, Oak, Elm, and Cedar streets. None of these

streets were constructed to shoulder the whole load.

4) A pedestrian pathway needs to be included from the parking area at the mouth of Slaughterhouse Canyon

to the “water tower hillside”. The BLM has plans for a substantial trail system there, and this would

minimize the future traffic and parking issues for potential Strahorn residents.

Thank you for your consideration in this matter.

Gregory Sirek and Christina Van Der Meulen

1

Marian Edwards

From: Diane Shay

Sent: Friday, September 13, 2019 4:19 PM

To: Ned Burns; Kathryn Goldman; shaun mahoney; Greg Cappel; mchoat@galena-

engineering.com; Doug Brown; tammyeschofield

Cc: Jeff Pfaeffle; Jim Laski; Jeff Loomis; Dave Patrie; Frederick Allington; Marian Edwards

Subject: FW: Follow up comments on Strahorn PUD

-----Original Message----- From: Karl Pearson <ektpearson@gmail.com> Sent: Friday, September 13, 2019 1:42 PM To: Diane Shay <dshay@bellevueidaho.us>; aldermankgoldmancob@gmail.com Subject: Follow up comments on Strahorn PUD

Hello Diane and Bellevue City Council, Please forward to the other city council members. Gina and I want to follow up on my comments I made at the September 9th public hearing on the Strahorn PUD. We want to encourage the council to move forward with year round parking at the start of Slaughterhouse road that can be plowed in the winter by the city. This would provide for the current use of the trails in the area to continue and access to the bike path that the developer is proposing to build. Parking for about 10 vehicles without trailers should be adequate.

Also in regard to access/collector roads from Main Street I suggest the council consider opening Cedar Street when the roads are snow free. Gates could be used to close the steep section off in the winter. Long term plans to make this a year round access should be considered. Adding a sidewalk to this steep section will allow for safe pedestrian travel from Strahorn all the way to Main Street. This is the only section that currently does not have a sidewalk. Also I recommend that the city consider paving 7th Street north from the current closure at Cedar. This could be used as a year round road to and from the school.

The council should reach out to professional services for solutions to fix the poor roads and traffic safety concerns that will just get worse as Bellevue adds more housing to its city.

Thank you,

Karl and Gina Pearson 300 Sunrise Ranch Road Bellevue, ID 83313 208-309-2729

Sent from my iPhone