Findings - CC - 2020 - FPUD-10-19 & FP-15-19 - Final Development Plan And Final Plat For Snoqualmie #4BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR SNOQUALMIE RIVER SUBDIVISION
NO. 4 FOR RED BUTTE, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-10-19 & FP -15-19
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 14, 2020. The Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Red Butte, LLC, represented by David Sterling, P.E., is requesting final development plan and final
plat approvals for Snoqualmie River Subdivision No. 4, a 66 -lot (58 -buildable, 7 -common, 1 owned
and maintained by developer) residential planned unit development. The 37.57 -acre site is located at
the northwest corner of the intersection of West Decathlon Street and North Palmer Lane.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on November 27, 2019. Revised
applications and final plat were provided to the City on March 24, 2020.
C. HISTORY OF RELEVANT 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 April 23, 2019, the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat for Snoqualmie River Subdivision No. 4 (CU-02-19/PPUD-02-19/PP-02-19).
On February 11, 2020, the City Council approved a design review application for the common area
landscaping within Snoqualmie River Subdivision No. 4 (DR -64-19).
For additional property history see: RZ-13-05 MOD /RZ-13-05 MOD2 /RZ-13-05 MOD3 /RZ-13-13-
05 MOD 4 / RZ-13-05 MOD 5 IDR -64-06 IDR -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-04-17 / DR -54-17 / FPUD-05-17/FP-02-17 /
FPUD-01-18/FP-01-18 / CU-01-18/PPUD-01-18/PPUD-02-18 IDR -31-18 / FPUD-11-18/FP-13-18
/ FPUD-13-18/FP-15-18 / CU-05-18/PPUD-03-18/PP-09-18 / FPUD-15-18/FP19-18 / FPUD-16-
18/FP-20-18 /FPUD-17-18/FP-21-18 /DR -31-18 /FPUD-17-18/FP-21-18 /DR -50-19 /FPUD-06-
19/FP-08-19 /FPUD- 07-19/FP-09-19.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law (CU-02-19/PPUD-02-19/PP-02-19), dated
October 8, 2019, are incorporated herein by reference.
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E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability or
that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT (based on the final plat, date stamped by the City on
March 24, 2020):
The City Engineer and Planning staff have reviewed the final plat. This final plat differs from the
original preliminary plat and development plan in lot quantity in that the number of buildable lots has
been reduced from 82 lots to 58 lots. The amount of open space has slightly increased and the road
configuration remains the same. Considering the aforementioned items, it is staffs opinion that the
proposed changes within this final plat are not intensive and therefore are not a substantial change to
the preliminary plat and development plan. Staff believes the final development plan and final plat can
meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C (as noted herein) with
the conditions recommended herein and that the final development plan and final plat will be in
substantial compliance with the preliminary development plan and preliminary plat.
Plat note 411 of the final plat states, "Direct lot access to N. Palmer Lane, W. Floating Feather Road,
and W. Decathlon Street is prohibited."
This phase of the development will also include a section of N. Hamlin Avenue which runs north and
south in proximity to the western boundary of the subdivision. N. Hamlin Avenue will be constructed
as a collector street. The applicant should be required to provide a revised final plat with plat note #I I
revised to state, "Direct lot access to N. Palmer Lane, W. Floating Feather Road, N. Hamlin Avenue,
and W. Decathlon Street is prohibited." The revised final plat should be provided prior to the City Clerk
signing the final plat.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 14, 2020. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-10-19 & FP -15-19 for a final development plan and final plat
for Snoqualmie River Subdivision No. 4 for Red Butte, LLC, with the following site specific conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of CU-02-19/PPUD-02-19/PP-02-19.
3. Comply with the conditions of DR -64-19 and any subsequent modifications.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
5. Provide a revised final plat with plat note #I I revised to state, "Direct lot access to N. Palmer Lane, W.
Floating Feather Road, N. Hamlin Avenue, and W. Decathlon Street is prohibited." The revised final
plat shall be provided prior to the City Clerk signing the final plat.
6. The applicant shall provide a copy of the executed "Transportation Mitigation Agreement" between the
applicant and ITD. The monetary contribution associated with the "Transportation Mitigation
Agreement" shall be paid into a road trust to be held by the City of Eagle on behalf of ITD prior to the
City Clerk signing the first final plat.
7. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area open
spaces and on the street side of all corner lots shall be an open style fencing such as wrought iron or
other similar decorative style, durable fencing material.
8. All common area improvements within Snoqualmie River Subdivision No. 4 as specified on the
approved landscape plan (DR -64-19) shall be completed or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
9. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
10. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings, the City will issue
a "notice to proceed with construction" letter to the project engineer.
11. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the issuance of a "notice to proceed with construction" letter to the project engineer.
12. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior
to the City Clerk signing the final plat.
13. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department prior
to the issuance of a "notice to proceed with construction" letter to the project engineer.
14. The applicant shall provide an approval letter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
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15. 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.
16. The applicant shall install at the entrances to Snoqualmie River Subdivision No. 4, 4'x 4' plywood or
other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum
of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off
leash.
17. 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."
18. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights -of way -abutting and within this site, prior to the City Clerk
signing the final plat.
19. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
20. All common area improvements shall be completed or a surety shall be provided as required by Eagle
City Code, prior to the City Clerk signing the final plat.
21. 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 subdivision's Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
22. Provide two (2) full size copies of the recorded final plat, and an 8 1/2" x 11" recorded copy of the final
plat of Snoqualmie River Subdivision No. 4, prior to the issuance of any building permits.
23. Provide a copy of the recorded amended CC&R's for Snoqualmie River Subdivision No. 4 identifying
it being annexed into the existing CC&R's for the Legacy development prior to the issuance of any
building permits.
24. The applicant shall provide a CD of the as -built construction drawings for all improvements located
within the subdivision prior to the issuance of building permits.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
1. This phase of the development will be initiated within one year of the date of approval based upon
the testimony and documentation presented by the developer;
Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or that
adequate assurance can be provided that such objective will be attained and the uses will not be
detrimental to present and potential surrounding uses, but will have a beneficial effect which would
not be achieved under standard district regulations because of the conditions placed on this
development;
The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes and setbacks as specifically approved by the City will allow
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for a mix of housing types in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses, that might impact the planned
residential areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 28"' day of April 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Jaso Pierce, Mayor
ATTEST:
+�� Y-���
Sharon K. Bergmann, Eagle City Clerk
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