Findings - CC - 2019 - FPUD-16-18 & FP-20-18 - Snoqualmie Village Subd No 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR SNOQUALMIE VILLAGE )
SUBDIVISION NO. 2 FOR WHITE STURGEON, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-16-18 & FP -20-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 8, 2019. 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:
Cloud Berry, LLC, represented by Justin Martin with White Sturgeon, LLC, is requesting a final
development plan and final plat approvals for Snoqualmie Village Subdivision No. 2, a 27 -lot (26 -
buildable, 1 -common) residential subdivision. The 9.73 -acre site is located approximately 300 -feet east
of North Palmer Lane between North Nordic Drive and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 19, 2018. A revised final
plat was received by the City of Eagle on December 10, 2018.
C. HISTORY:
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 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 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 February 19, 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 June 26, 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 January 28, 2015, 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 April 9, 2015, the Eagle Design Review Board approved a design review application for the common
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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 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 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 December 12, 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).
On April 10, 2018, the City Council approved the final development plan and final plat for Snoqualmie
River Subdivision No. 1 (FPUD-01-18/FP-01-18).
On April 10, 2018, the City Council approved the final development plan and final plat for Snoqualmie
Falls Subdivision No. 10 (FPUD-05-17/FP-02-17).
On June 26, 2018, the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat application for Snoqualmie River Subdivision No. 2 (CU-01-18/PPUD-01-
18/PPUD-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 (DR -31-18).
For additional property history see: DR -64-06 / DR -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 / FPUD-05-13/FP-14-13 I FPUD-05-15/FP-06-15 / FPUD-06-15/FP-09-15 / DR -68-13
/ DR -68-13 MOD / DR -68-13 MOD2 / DR -07-14 / DR -06-15 MOD/DR-06-15 MOD3 / DR -06-15
MOD4 / EXT- 12-09 / EXT -07-10 / EXT -06-11 I CU -06- 17/PPUD-03-17/PP-03-17 / DR -45-17.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 12, 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;
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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 (based on the final plat, date
stamped by the City on October 19, 2018):
• The City Engineer and the Planning staff have 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. It is staff's opinion that the final development plan
and final plat are in substantial compliance with the preliminary development plan and preliminary plat
with the conditions recommended herein.
• The final plat does not identify the development agreement established in RZ-03-15.
The plat note does not reference the development agreement or the possibility of a future development
agreement modification. The applicant should be required to provide a revised final plat with plat note
#13 to state, "This development is subject to Development Agreement, Instrument No. 2018-030159,
and any subsequent modifications." The revised final plat should be provided prior to the City Clerk
signing the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on January 8, 2019. 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-16-18 & FP -20-18 for a final development plan and final plat
for Snoqualmie Village 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 the conditions within the development agreement for rezone application RZ-13-05.
3. Comply with all requirements of CU-06-14/PPUD-03-14/PP-09-14.
4. Comply with the conditions of DR -06-15 and any subsequent modifications.
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.
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6. 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.
7. The applicant shall provide a revised final plat with plat note #13 added to state, "This development is
subject to Development Agreement, Instrument No. 2018-030159, and any subsequent modifications."
The revised final plat should be provided prior to the City Clerk signing the final plat.
8. The applicant shall provide a revised final plat with plat note #14 added to read, "Sanitary sewer service
to be provided by extension of the Eagle Sewer District sewer system." The revised final plat shall be
provided prior to the City Clerk signing the final plat.
9. The applicant shall provide a revised final plat with plat note #15 added to read, "Domestic water to be
provided by extension of the City of Eagle Municipal Water System." The revised final plat shall be
provided prior to the City Clerk signing the final plat.
10. The applicant shall provide a revised final plat with plat note #16 added to read, "Minimum building
setback lines shall be in accordance with the Eagle City Zoning Ordinance at the time of the issuance
of a building permit or as specifically approved by the conditions of development for the City of Eagle
RZ-13-05 as instrument no. 2018-030159, records of Ada County, Idaho and any subsequent
modifications.
11. All common area improvements within Snoqualmie Village Subdivision No. 2 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.
12. The developer shall provide 2 -inch minimum caliper shade -class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the required
trees, sod, and irrigation or provide the City with a letter of credit of the cost of the installation of all
landscape and irrigation improvements. On-going surety for street trees for all undeveloped portions of
the development will be required through project completion.
13. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
14. 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.
15. 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.
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 a license agreement from ACHD approving the landscaping located with the public rights-of-
way abutting and within this site prior to the City Clerking 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. The applicant shall install at the entrances to Snoqualmie Village Subdivision No. 2 4' x 4' plywood or
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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.
21. Construction fencing shall be installed to protect all trees that are to be preserved on the site, prior to
the commencement of any construction. No activity whatsoever shall take place within the drip line of
the trees.
22. 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.
23. 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.
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.
25. 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.
26. 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 Village Subdivision No. 2 prior
to the issuance of any building permits
27. Provide a copy of the recorded amended CC&R's for Community Charter for Legacy ("Charter")
identifying Snoqualmie Village Subdivision No. 2 being annexed into the existing CC&R's for the
Legacy development.
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
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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 (reduction is setbacks on the cul-de sac Tots) 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 2211' day of January 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
o
0
Sharon K. Bergmann, Eagle City Clerk
Reconsideration Notice. Applicant has the right, pursuant to Section 67-6535. Idaho Code, to request a reconsideration within
fourteen (I4) days of the final written decision.
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