Findings - CC - 2018 - FPUD-11-18 & FP-13-18 - Final Development Plan And Final Plat For Snoqualmie No 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN AND
FINAL PLAT FOR SNOQUALMIE RIVER
SUBDIVISION NO. 2 FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-11-18 & FP -13-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on September 24, 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. 2, a 79 -lot (68 -buildable, 11 -common) residential
planned unit development. The 29.24 -acre site is located on the west side of North Palmer Lane and
south side of West Decathlon Street.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on July 27, 2018.
C. HISTORY OF REVELANT 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 June 12, 2018, the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat for Snoqualmie River Subdivision No. 2 for White Sturgeon, LLC (CU-01-
18/PPUD-01-18/PP-02-18).
On August 28, 2018, the City Council approved a design review application for the common area
landscaping within Snoqualmie River Subdivision No. 2 for White Sturgeon, LLC (DR -31-18).
For additional property history see: FPUD-01-07/FP-01-07/ FP -02-07, RZ-13-05 MOD, RZ-13-05
MOD 2, EXT -12-09, EXT -07-10, EXT -06-11, RZ-13-05 MOD 3, FPUD-01-12/FP-O1-12, FPUD-02-
12/FP-04- 12, FPUD-02-13/FP-06-13, CU -03- 13/PP UD -03 - 13/PP-05-13, CU -08- 13/PP UD-07-
13/PP-12-13, FPUD-05-13/FP-14-13, DR -68-13, DR -68-13 MOD, CU-06-14/PPUD-06-14/PP-09-
14, DR -06-15, FPUD-04-15/FP-05-15, FPUD-05-15/FP-06-15, DR -68-13 MOD 2, FPUD-06-15/FP-
09-15, FPUD-01-16/FP-01-16, DR -06-15 MOD, DR -06-15 MOD 2, DR -06-15 MOD 3, DR -06-15
MOD 4, CU-06-17/PPUD-03-17/PP-03-17, FPUD-04-17/FP-18-17, RZ-13-05 MOD 4, CU-08-
17/PPUD-04-17/PP-04-17, FPUD-05-17/FP-20-17, and FPUD-01-18/FP-01-18.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 26, 2018, 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The City Engineer and Planning staff have reviewed the final development plan and final plat. This
phase differs from the preliminary development plan and preliminary plat in lot quantity in that the
number of buildable lots has been reduced from 70 -lots to 68 -lots. The amount of open space within
this phase has been slightly increased. It is staff's opinion that the proposed changes within this phase
do not constitute a substantial change to the preliminary development plan. Staff believes this phase
of the development 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 plat will be in substantial
compliance with the preliminary plat.
• Lot 13, Block 6, on the final plat, is a common access drive aisle for Lots 14 and 15, Block 6, as well
as providing pathway access to the residents of the Snoqualmie River Subdivision No. 2 (as shown on
the preliminary plat). The final plat identifies Lot 13, Block 6, containing a perpetual easement for
ingress/egress for Lots 14 and 15, Block 6, however, there is no reference to a pathway easement. The
applicant should be required to provide a revised final plat with a new plat note that states, "Lot 13,
Block 6 shall be subject to a non -motorized pathway easement in favor of the residents of the Legacy
development." 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 September 24, 2018. The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Bastian absent) to approve FPUD-11-18 & FP -13-18 for a final development
plan and final plat for Snoqualmie River Subdivision No. 2 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 conditions within the development agreement for rezone application RZ-13-05 and
subsequent modifications.
3. Comply with all applicable requirements of CU-01-18/PPUD-01-18/PP-02-18.
4. Comply with the conditions of DR -31-18.
5. 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.
6. Provide a revised final plat with a new plat note that states, "Lot 13, Block 6 shall be subject to a non -
motorized pathway easement in favor of the residents of the Legacy development." 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. 2 as specified on the
approved landscape plan (DR -31-18) 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" to the applicant's designated representative.
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. 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.
12. 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.
13. The applicant shall install at the entrances to Snoqualmie River Subdivision No. 2, 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.
14. 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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15. 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.
16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
17. 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.
18. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
19. Provide a copy of the recorded CC&Rs for the subdivision, 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. 2, prior
to the issuance of any building permits.
20. The submittal of a building permit application to the City for each home within the development shall
be accompanied by an approval letter from the subdivision Architectural Control Committee (ACC).
21. 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.
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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The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 9th day of October, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
sr7
Sharon K. Bergmann. Eagle ity Clerk
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