Findings - CC - 2017 - FPUD-04-17 & FP-18-17 - Fdp & Fp Snoqualie Falls Sub No 9-A-37 Lot-26.63 Acre, W. Nordic DriveBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
AND FINAL PLAT FOR SNOQUALMIE
FALLS SUBDIVISION NO. 9-A FOR
WHITE STURGEON, LLC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-17 & FP -18-17
The above -entitled final development plan and fmal plat applications came before the Eagle City Council
for their action on September 26, 2017. 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:
White Sturgeon, LLC, represented by Justin Martin, is requesting final development plan and fmal plat
approvals for Snoqualmie Falls Subdivision No. 9-A, a 37 -lot (28 buildable, 9 common) residential
planned unit development. The 26.63 -acre site is generally located south of Floating Feather Road,
between Linder Road and Palmer Lane, at the terminus of West Nordic Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 25, 2017.
C. HISTORY:
On August 22, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On September 11, 2007, the City Council approved the final development plan and final plat for Mosca
Seca Subdivision Phases No. 1 & No. 2 (FPUD-01-07/FP-01-07/ FP -02-07).
On September 18, 2007, the City Council approved a modification to the Conditions of Development
and associated exhibits to the development agreement to provide a time schedule for the build -out of
the Academy Core area located within Mosca Seca Subdivision (located within the Legacy Planned
Unit Development) (RZ-13-05 MOD).
On April 8, 2008, the City Council approved a modification to the Conditions of Development and
associated exhibits within the development agreement to address the percentage of allowable second
story square footage in relationship to the first floor for homes located on lots less than 8,000 -square
feet in size, the provisions of private roads, construction flooring material for attached single-family
dwellings, and the Memorandum of Agreement regarding the on-site municipal water system (RZ-13-
05 MOD 2).
On March 11, 2008, the Mosca Subdivision No. 1 fmal plat was recorded at the Ada County Recorder's
office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 3, 2009, the City Council approved an extension of time for the preliminary plat for Mosca
Seca Subdivision (PP -01-06) to be valid until August 25, 2010 (EXT -12-09).
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On November 9, 2010, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011 (EXT -07-10).
On September 13, 2011, the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012 (EXT -06-11).
On July 10, 2012, the City Council approved a modification to the Conditions of Development and
associated exhibits within the development agreement to address the allowed density, modify the open
space by removing the requirement to construct the sports academies, and address the condition of
development regarding a school site (RZ-13-05 MOD 3).
On August 28, 2012, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 1 (FPUD-01-12/FP-01-12).
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On January 22, 2013, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 2 (FPUD-02-12/FP-04-12).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On June 25, 2013, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 3 (FPUD-02-13/FP-06-13).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
On February 11, 2014, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 4 (FPUD-05-13/FP-14-13).
On January 28, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls Subdivision No. 5 (CU-08-13/PPUD-07-13/PP-12-13).
On March 13, 2014, the Design Review Board approved a design review application for the common
area landscaping for Snoqualmie Falls Subdivision No. 5 (DR -07-14).
On July 22, 2014, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 5 (FPUD-02-14/FP-07-14).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On March 10, 2015, the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat for Snoqualmie Falls Subdivision No. 6 (includes phases 6, 7, 8, 9-A, and 9-B)
(CU-06-14/PPUD-03-14/PP-09-14).
On May 12, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 6 (FPUD-04-15/FP-05-15).
On October 28, 2015, the Snoqualmie Falls Subdivision No.6 final plat was recorded at the Ada County
Recorder's office.
On July 14, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15 & FP -06-15).
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On September 22, 2015, the City Council approved the fmal development plan and final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-06-15 & FP -09-15).
On August 22, 2016, staff approved a design review modification to relocate playground equipment
within Snoqualmie Falls Subdivision from Phase No. 7 to Phase No. 4 (DR -06-15 MOD).
On December 6, 2016, staff approved a modification to the common area landscaping at the entrance
to Snoqualmie Falls Subdivision No. 8 (DR -06-15 MOD2).
On December 8, 2016, the Design Review Board approved a covered bridge structure to be constructed
within Snoqualmie Falls Subdivision No. 7 (DR -06-15 MOD3).
On December 30, 2016, the Snoqualmie Falls Subdivision No. 8 final plat was recorded at the Ada
County Recorder's Office.
On March 29, 2017, staff approved a modification to the common area landscaping within Snoqualmie
Falls Subdivision No. 7 (DR -06-15 MOD4).
On August 7, 2017, the City Council approved conditional use permit, preliminary development plan,
and preliminary plat applications for Snoqualmie Falls Subdivision No. 10 (CU-06-17/PPUD-03-
17/PP-03-17).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated March 10, 2015, are incorporated herein
by reference.
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.
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3. The actions, if any, that the applicant could take to obtain a permit.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• Plat note #3 of the final plat states, "Minimum building setbacks and dimensional standards shall be in
compliance with the applicable zoning regulations of the City of Eagle or as set forth in the conditions
of developm,ent [sic] within the Development Agreement, recorded as instrument no. 106161990,
records of Ada County, Idaho, or any subsequent modifications of the Development Agreement." The
applicant should be required to provide a revised fmal plat with plat note #3 revised to exclude the
comma in "development." The revised fmal plat should be provided prior to the City Clerk signing the
final plat.
• Plat note #8 shown on the final plat states, "A portion of Lots 11 thru 13 of Block 17, Lots 1, 6 thru 9,
11, and 12 of Block 18, and Lot 1 of Block 19 are servient to and contain the ACHD storm water
drainage system. These lots are encumbered by that certain master perpetual storm water drainage
easement recorded on November 10, 2015 as instrument no. 2015-103256, official records of Ada
County, and incorporated herein by reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302
Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage
system." The plat map also indicates that Lot 10, Block 18 also contains the ACHD storm water
drainage easement. Plat note #8 should be revised to state, "A portion of Lots 11 thru 13 of Block 17,
Lots 1, 6 thru 12 of Block 18, and Lot 1 of Block 19 are servient to and contain the ACHD storm water
drainage system. These lots are encumbered by that certain master perpetual storm water drainage
easement recorded on November 10, 2015 as instrument no. 2015-103256, official records of Ada
County, and incorporated herein by reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-2302
Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage
system." The revised final plat should be provided prior to the City Clerk signing the final plat.
• Pursuant to Site Specific Condition of Approval #7 of the approved preliminary plat (PP -09-14), the
applicant is to provide a plat note stating, "Vehicular access to lots along W. Nordic Drive are prohibited
unless specifically allowed by the Ada County Highway District and the City of Eagle." The applicant
should provide a revised final plat showing a new plat note added to read, "Vehicular access to lots
along W. Nordic Drive are prohibited unless specifically allowed by the Ada County Highway District
and the City of Eagle." The revised final plat should be provided prior to the City Clerk signing the
final plat.
• It is staffs opinion that the final development plan can meet the Findings of Fact required in Eagle City
Code Section 8-6-6-3 (B) (as noted herein) with the conditions recommended herein and that the final
plat will be in substantial conformance with the preliminary plat with the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on September 26, 2017. The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Preston absent) to approve FPUD-04-17 & FP -18-17 for a final development
plan and final plat for Snoqualmie Falls Subdivision 9-A for White Sturgeon, LLC, with the following staff
recommended 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-06-14/PPUD-03-14/PP-09-14.
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3. Comply with the conditions of DR -06-15 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 fmal plat with plat note #3 revised to exclude the comma in the word "development."
The revised final plat shall be provided prior to the City Clerk signing the fmal plat.
6. Provide a revised final plat with note #8 revised to state, "A portion of Lots 11 thru 13 of Block 17,
Lots 1, 6 thru 12 of Blockgand Lot 1 of Block 19 are servient to and contain the ACHD storm water
drainage system. These lots are encumbered by that certain master perpetual storm water drainage
easement recorded on November 10, 2015 as instrument no. 2015-103256, official records of Ada
County, and incorporated herein by reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACRD pursuant to Section 40-2302
Idaho Code. The Master Easement is for the operation and maintenance of the storm water drainage
system." The revised final plat shall be provided prior to the City Clerk signing the final plat.
7. Provide a revised fmal plat with a new plat note added to state, "Vehicular access to lots along W.
Nordic Drive are prohibited unless specifically allowed by the Ada County Highway District and the
City of Eagle." The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. All common area improvements within Snoqualmie Falls Subdivision No. 9-A as specified on the
approved landscape plan (DR -06-15) 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 ACID 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.
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 Falls Subdivision No. 9-A, 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."
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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 a revised copy of the CC&Rs with the following language included:
"All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing (i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be open -style and limited to four -feet (4') in height."
"In the event any of the CC&R's are less restrictive than any government rules, regulations or
ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The
CC&R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies.
In the event a governmental rule, regulation, law or ordinance would render a part of the CC&R's
unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance."
"All maintenance of street lights, pressurized irrigation, and common areas shall be maintained in
perpetuity by the Association. Any changes or modifications to the aforementioned facilities shall
require the prior approval of the City of Eagle and any other governmental entity having jurisdiction of
the Property."
The revised CC&Rs shall be provided prior to the City Clerk signing the final plat.
23. 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 Falls Subdivision No. 9-A, prior to the issuance of any building permits.
24. Provide a copy of the recorded amended CC&R's for Snoqualmie Falls No. 9-A Subdivision identifying
it being annexed into the existing CC&R's for the Legacy development prior to the issuance of any
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;
2. 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;
3. 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;
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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, setbacks and uses as specifically approved by the City will
allow for a mix of housing types and uses 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 10t day of October 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
3[4Af _
Stan Ridgeway, Ma or
ATTEST:
Sharon K. Bergmann, Eagle City lerk
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