Findings - CC - 2019 - FPUD-13-18 & FP-15-18 - Final Development Plan And Final Plat For Snowqualmie Falls No. 11ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN AND
FINAL PLAT FOR SNOQUALMIE FALLS
SUBDIVISION NO. 11 FOR WHITE STURGEON, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-13-18 & FP -15-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on February 12, 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:
White Sturgeon, LLC, represented by Justin Martin, is requesting final development plan and final plat
approvals for Snoqualmie Falls Subdivision No. 11, a 38 -lot (32 -buildable, 6 -common) residential
planned unit development. The 19.7 -acre site is located on the south side of West Nordic Drive
approximately 1,300 -feet east of North Palmer Lane.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on August 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 for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
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 area landscaping within Snoqualmie Falls Subdivision No. 6 (DR -06-15).
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 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).
For additional property history see: RZ-13-05 MOD / RZ-13-05 MOD2 / RZ-13-05 MOD3 / 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 / 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 -07-14 / 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 -45-17 / FPUD-04-17/FP-18-17 /
CU-08-17/PPUD-04-17/PP-04-17 / DR -54-17 / FPUD-01-18/FP-01-18 / CU-01-18/PPUD-01-
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18/PPUD-02-18 / DR -31-18 / FPUD-11-18/FP-13-18 / FPUD-15-18/FP 19-18 / FPUD-16-18/FP-20-
18.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law (CU-06-17/PPUD-03-17/PP-03-17), dated
September 12, 2017, are incorporated herein by reference. Snoqualmie Falls Subdivision No. 11 is a
phase of Snoqualmie Falls Subdivision No. 10.
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.
F. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 28, 2017, are incorporated
herein by reference.
G. 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:
i. The proposed development can be initiated within one year of the date of approval;
j. 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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k. 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;
1. Any proposed commercial development can be justified at the locations proposed;
m. 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;
n. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
o. The PUD is in general conformance with the comprehensive plan; and
p.
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 August 16, 2018):
• Plat note #3 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 Development
within the development agreement recorded as instrument No. 106161990 recorded of Ada County,
Idaho or any subsequent modifications of the development agreement."
The development agreement referenced within the plat note is no longer in effect. The applicant should
be required to provide a revised final plat with plat note #3 revised to state, "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 development within the development agreement (instrument
No. 2018-030159) or any subsequent modifications of the development agreement." The revised final
plat should be provided prior to the City Clerk signing the final plat.
• Plat note #7 states, "Lots 47, 50, and 57, Block 6, Lots 24, 26, and 34, Block 21, and Lots 1, 6, 10, and
14, Block 22, are designated as common lots and shall be owned and maintained by the Legacy
Community Association, Inc., or its assigns."
Although the plat note identifies ownership and responsibility for maintenance, it does not identify
that Lot 57, Block 6, provides access to Lots 55 and 56 and Lot 34, Block 21, provides access to Lots
32 and 33. The applicant should be required to provide a revised final plat with new plat notes
addressing the right of ingress/egress on the common lots for the adjacent lots and that the
ingress/egress easement is in perpetuity. The new plat notes should state:
Lot 57, Block 6, is common lot/shared driveway for the benefit of the owners of Lots 55 and 56, and
have a perpetual easement for the right of ingress/egress over Lot 57, Block 6. The easement runs with
the land. A restrictive covenant for maintenance of the common lot and driveway cannot be modified
without the express written consent of the City."
Lot 24, Block 21, is common lot/shared driveway for the benefit of the owners of Lots 32 and 33, and
have a perpetual easement for the right of ingress/egress over Lot 24, Block 21. The easement runs with
the land. A restrictive covenant for maintenance of the common lot and driveway cannot be modified
without the express written consent of the City."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Site Specific Condition of Approval #10 of the approved preliminary plat (PP -03-17) states, "Provide
a revised preliminary plat showing Lots 46 and 50, Block 6, Lots 3, 38, and 42, Block 12, Lot 19, Block
13, Lots 18 and 23, Block 14, Lots 6, 9, 17, and 22, Block 16, Lots 6, 9, 17, and 22, Block 17, and Lot
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1, Block 18, to be a minimum of 10 -feet in width adjacent to the street. The revised preliminary plat
shall also contain a new plat note that states, "Driveways are prohibited across all common lots,
including the ten foot (10') wide common lot located between the street and the buildable lots." The
revised preliminary plat and development plan shall be provided prior to submittal of the final
development plan/final plat applications."
The final plat does not contain a plat note regarding the prohibition of allowing driveways across
common lots. The applicant should be required to provide a revised final plat with a new plat note
which states, "Driveways are prohibited across all common lots, including the ten foot (10') wide
common lot located between the street and the buildable lots." The revised final plat should be provided
prior to the City Clerk signing the final plat.
• Site Specific Condition of Approval #18 of the approved preliminary plat (PP -03-17) required the
applicant to place a note on the plat that the pressurized irrigation system is to be owned and maintained
by the homeowner's association. The final plat does not contain a plat note regarding the ownership
and maintenance of the pressurized irrigation system. The applicant should be required to provide a
revised final plat with a new plat notes which states, "The pressurized irrigation system shall be owned
and maintained by the Legacy Community Association, Inc., or its assigns. The revised final plat should
be provided prior to the City Clerk signing the final plat.
• The final plat does not contain a plat note indicating that the development is subject to the terms of
development agreement associated with the property. The applicant should be required to provide a
revised final plat with a new plat note which states, "This development is subject to the conditions of
development within the development agreement (instrument No. 2018-030159) or any subsequent
modifications of the development agreement." 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 February 12, 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-13-18 & FP -15-18 for a final development plan and final plat
for Snoqualmie Falls Subdivision No. 11 for White Sturgeon, 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-06-17/PPUD-03-17/PP-03-17.
3. Comply with the conditions of DR -44-17 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. 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.
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6. Provide a revised final plat with plat note #3 revised to state, "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 development within the development agreement (instrument
No. 2018-030159) or any subsequent modifications of the development agreement." The revised final
plat shall be provided prior to the City Clerk signing the final plat.
7. Provide a revised final plat with a new plat note which states, "Lot 57, Block 6, is common lot/shared
driveway for the benefit of the owners of Lots 55 and 56, and have a perpetual easement for the right
of ingress/egress over Lot 57, Block 6, the easement runs with the land. A restrictive covenant for
maintenance of the common lot and driveway cannot be modified without the express written consent
of the City." The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. Provide a revised final plat with a new plat note which states, "Lot 34, Block 21, is common lot/shared
driveway for the benefit of the owners of Lots 32 and 33, and have a perpetual easement for the right
of ingress/egress over Lot 34, Block 21, the easement runs with the land. A restrictive covenant for
maintenance of the common lot and driveway cannot be modified without the express written consent
of the City." The revised final plat shall be provided prior to the City Clerk signing the final plat.
9. Provide a revised final plat with a new plat note which states, "Driveways are prohibited across all
common lots, including the ten foot (10') wide common lot located between the street and the buildable
lots." The revised final plat shall be provided prior to the City Clerk signing the final plat.
10. Provide a revised final plat with a new plat notes which states, "The pressurized irrigation system shall
be owned and maintained by the Legacy Community Association, Inc., or its assigns. The revised final
plat shall be provided prior to the City Clerk signing the final plat.
11. Provide a revised final plat with a new plat note which states, "This development is subject to the
conditions of development within the development agreement (instrument No. 2018-030159) or any
subsequent modifications of the development agreement." The revised final plat shall be provided prior
to the City Clerk signing the final plat.
12. All common area improvements within Snoqualmie Falls Subdivision No. 11 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.
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. 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.
15. 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.
16. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior
to the City Clerk signing the final plat.
17. 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.
18. 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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19. 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.
20. The applicant shall install at the entrances to Snoqualmie Falls Subdivision No. 11, 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.
21. 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."
22. 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.
23. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
24. 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.
25. If a surety is provided, the applicant shall provide a schedule that depicts the timing for completion of
the required improvements at the time of providing surety information.
26. 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.
27. 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. 11, prior to the issuance of any building permits.
28. Provide a copy of the recorded amended CC&R's for Snoqualmie Falls Subdivision No. 11 identifying
it being annexed into the existing CC&R's for the Legacy development prior to the issuance of any
building permits.
29. 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;
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;
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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 26th day of February, 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada ounty, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City ler
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