Findings - CC - 2018 - FPUD-01-18 & FP-01-18 - Final Development Plan And Final PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN AND
FINAL PLAT FOR SNOQUALMIE RIVER
SUBDIVISION NO. 1 FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-01-18 & FP -01-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 27, 2018. 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 final plat
approvals for Snoqualmie River Subdivision No. 1, an 82 -lot (70 buildable, 12 common) residential
planned unit development. The 26.69 -acre site is located on the west side of North Palmer Lane and
south side of West Decathlon Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on January 16, 2018.
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 (A-09-05/RZ-13-05/CU-
12-05/PPUD-13-05/PP-01-06) for the Legacy Planned Community.
On August 22, 2006, the City Council approved a design review application for the common area
landscaping and sports academy facility within Legacy Planned Community (DR -64-06).
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-01-
07/FP-01-07/ FP -02-07, for Mosca Seca Subdivision Phases No. 1 & No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD) 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).
On November 13, 2017, the City Council approved a design review application for the Eagle Sewer
District sewer lift station (DR -65-07).
On February 19, 2008, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 2) 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.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County Recorder's
office.
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On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT -12-09) for the preliminary
plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010.
On November 9, 2010, the City Council approved an extension of time (EXT -07-10) for the preliminary
plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011.
On September 13, 2011, the City Council approved an extension of time (EXT -06-11) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development and
associated exhibits (RZ-13-05 MOD 3) 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.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On January 10, 2013, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On May 1, 2014, the City approved a design review application to modify the landscaping within
Snoqualmie Falls No. 2 (DR -64-06 MOD2).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
On January 23, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13).
On March 25, 2014, City Staff approved a design review application to modify the common area
landscaping within Snoqualmie Falls No. 4 (DR -68-13 MOD).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 final plat was recorded at the Ada County
Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 final plat was recorded at the Ada
County Recorder's office.
On January 28, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6 (CU-06-14/PPUD-03-14/PP-09-14).
On March 13, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 5 (DR -07-14).
On April 9, 2015, the Eagle Design Review Board approved a design review application for the
common area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15).
On April 28, 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 June 9, 2015, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 7 (FPUD-05-15 & FP -06-15).
On September 8, 2015, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 8 (FPUD-06-15 & FP -09-15).
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On July 14, 2016, the Eagle Design Review Board approved a design review application modifying the
common area landscaping within Snoqualmie Falls Subdivision No. 4 (DR -68-13 MOD2).
On August 22, 2016, the City approved a design review application to relocate playground equipment
proposed within Snoqualmie Falls Subdivision No. 7 to Snoqualmie Falls Subdivision No. 4 (DR -06-
15 MOD).
On December 8, 2016, the Eagle Design Review Board approved a design review application to
construct a covered bridge structure at the entrance to Snoqualmie Falls Subdivision No. 7 (DR -06-15
MOD3).
On March 29, 2017, the City approved a design review application for the installation of private boat
docks around two ponds within Snoqualmie Falls No. 7 (DR -06-15 MOD4).
On September 12, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat application for Snoqualmie Falls Subdivision No. 10 (CU-06-17/PPUD-03-
17/PP-03-17).
On October 24, 2017, the City Council approved a design review application for the common area
landscaping within Snoqualmie Falls Subdivision No. 10 (DR -44-17).
On October 24, 2017, the City Council approved a design review application for an entry feature located
on the northeast corner of Palmer Lane and East Nordic Drive (DR -45-17).
On November 28. 2017, the City Council approved a modification to the development agreement
associated with the R -2 -DA -P zoning classification for the Legacy Development (RZ-13-05 MOD4).
On November 28, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat application for Snoqualmie River Subdivision (CU-08-17/PPUD-04-17/PP-
04-17).
On February 13, 2018, the City Council approved a design review application for the common area
landscaping within Snoqualmie River Subdivision No. 1 (DR -54-17).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 28, 2017, 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;
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• Site specific condition of approval #9 on the preliminary plat requires a plat note that states "Driveways
are prohibited across Lots 1 and 38, Block 1, Lots 1 and 14, Block 2, and Lots 1, 5, and 17, Block 3."
No such note appears on the final plat. The applicant should be required to provide a revised final plat
with a note that states, "Driveways are prohibited across Lots 1 and 38, Block 1, Lots 1 and 14, Block
2, and Lots 1, 5, and 17, Block 3." The revised final plat should be provided prior to the City Clerk
signing the final plat.
• Lots 21 and 32, Block 1 on the final plat are common access drive aisles, as well as providing pathway
access to the residents of the Snoqualmie River Subdivision. The final plat only identifies these as
common lots, with no reference to their function. The applicant should be required to provide a revised
final plat with a note that states, "Lots 21 and 32, Block 1 shall be subject to a non -motorized pathway
easement." The revised final plat should be provided prior to the City Clerk signing the final plat.
• The City Engineer and Planning staff has reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions
recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 27, 2018. 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-01-18 & FP -01-18 for a final development plan and final plat
for Snoqualmie River Subdivision No. 1 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-08-17/PPUD-04-17/PP-04-17.
3. Comply with the conditions of DR -54-17 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 a note that states, "Driveways are prohibited across Lots 1 and 38,
Block 1, Lots 1 and 14, Block 2, and Lots 1, 5, and 17, Block 3." The revised final plat shall be provided
prior to the City Clerk signing the final plat.
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6. Provide a revised final plat with a note that states, "Lots 21 and 32, Block 1 shall be subject to a non -
motorized pathway easement." The revised final plat shall be provided prior to the City Clerk signing
the final plat.
7. All common area improvements within Snoqualmie River Subdivision No. 1 as specified on the
approved landscape plan (DR -54-17) shall be completed or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
8. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
9. 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.
10. 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.
11. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior
to the City Clerk signing the final plat.
12. 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.
13. 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.
14. 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.
15. The applicant shall install at the entrances to Snoqualmie River Subdivision No. 1, 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.
16. 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."
17. 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.
18. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
19. 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.
20. 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.
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21. 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.
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. 1, prior to the issuance of any building permits.
23. Provide a copy of the recorded amended CC&R's for Snoqualmie River Subdivision No. 1 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;
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
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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 10th day of April, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City Clerl1
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