Findings - CC - 2019 - FPUD-06-19 & FP-08-19 - Final Development Plan For Snoqualmie No 13BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR SNOQUALMIE FALLS SUBDIVISION
NO. 13 FOR NORTH CORRIDOR, LLC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER i'PUD-O6-19 & VP -08-19
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on June 25, 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:
North Corridor, LLC, represented by Justin Martin, is requesting final development plan and final plat
approvals for Snoqualmie Falls Subdivision No. 13, a 33 -lot (26 -buildable, 7 -common) residential
planned unit development. The 15.37 -acre site is located on the east side of North Palmer Lane
approximately 75 -feet south of the intersection of West Nordic Drive and North Palmer Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 23, 2019.
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- 1 3-05/CU- 12-O5JPPUD- 1 3-O5IPP-0 1-06).
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-03-14IPP-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-06-17IPPUD-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).
On February 26, 2019, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 12 (FPUD-17-18 & FF' -21-18).
For additional property history see: RZ-13-05 MOD /RZ-13-05 MOD2 /RZ-13-05 MODS / DR -64-06
/ DR -64-06 MOD2 / FPUD-01-07/FP-01-07/ FP -02-071 FPUD-01-12/FP-01-12 / FPUD-02-12/FP04-12 /FPUD-02-J3IFP-06-13 / CU-08-13/PPUD-07-13/PP-12-13 /FPUD-05-13/FP-14-13 /FPUD-
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04-15/FP-05-15/FPUD-O5-15/FP-O6-15IFPUD-O6-15/Fp-O9-]5/DR-68-J3/--J3 DR -68-13 MOD /DR68-13 MOD2 / DR -07-14 /DR -06-15 MOD /DR -06-15 MOD3 /DR -06-15 MOD4 /EXT -12-09 /EXT -
07 -10/
EX / CU-06-17/PPUD-03-17/PP-03-17/ DR -45-17 /FPUD-04-17/FP-IS-17 /CU-08-
17/PPUD-04- 17/PP-04-17/DR-54-1 7 / FPUD-01-18/FP-01-18 / CU-01-18/PPUD-01-18/PPUD-02-
18 /DR -31-18 / FPUD-11-18/FP-13-18 / FPUD-15-18/FPJ9-18 /FPUD-16-18/FP-20-18.
D. PRELIMINARY PUD/PLAT r7NDINGS:
City Council Findings of Fact and Conclusions of Law (CU-06-17/PPUD-03-17IPP-03-17), dated
September 12, 2017, are incorporated herein by reference. Snoqualmie Falls Subdivision No. 13 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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAVF REPORT
(based on the final plat, date stamped by the City on May 23, 2019):
• The City Engineer and Planning staff have reviewed the final development plan and final plat. Although
the final development plan and final plat show five (5) additional common lots inclusive of; (one (1)
common lot for driveway access, one (1) common lot for drainage forebay with spillway, one (1)
common lot for a regional pathway), and two (2) common lots for landscape buffers along North
Moorhouse Avenue), these are not a significant change 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.
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• The final plat should be revised to match the street names that have been approved by the Ada County
Street Name Review. The following changes should be made to the final plat:
"North Braxon Avenue" should be changed to "North Morehouse Avenue."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #7 states, "Lots 74 and 81 of Block 6, Lots 17 and 25 of Block 23, and Lots 5 and 1 of Block
24 are designated as common lots and shall be owned and maintained by the Legacy Community
Association, Inc., or its assigns. Lot 6 of Block 24 is hereby dedicated to the City of Eagle."
Lot 6 is dedicated to the Eagle Sewer District for a lift station, not to the City of Eagle. An additional
plat note should be added to the plat to state, "Lot 6 of Block 24 is hereby dedicated to the Eagle Sewer
District."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #7 states, "Lots 74 and 81 of Block 6, Lots 17 and 25 of Block 23, and Lots 5 and 1 of Block
24 are designated as common lots and shall be owned and maintained by the Legacy Community
Association, Inc., or its assigns. Lot 6 of Block 24 is hereby dedicated to the City of Eagle."
Common Lot 21 should be included in plat note #7. The applicant should provide a revised final plat
with plat note #7 revised to state, "Lots 74 and 81 of Block 6, Lots 17, 21, and 25 of Block 23, and Lots
5 and 1 of Block 24 are designated as common lots and 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.
• Plat note #8 states, "Lot 81 of Block 6 and Lot 11 of Block 24 are servient to and contain the ACHD
stormwater drainage system. These lots are encumbered by that certain first amended 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 this reference as if set forth in full (the "Master
Easement"). The Master Easement Operation and Maintenance of the storm water drainage system."
Lot 21, Block 23, contains a drainage forebay that is part of the ACHD stormwater drainage system.
The applicant should provide a revised final plat with plat note #8 to state, "Lot 81 of Block 6, Lot 21
of Block 23, and Lot 11 of Block 24 are servient to and contain the ACHD stormwater drainage system.
These lots are encumbered by that certain first amended 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 this reference as if set forth in full (the "Master Easement"). The
Master Easement 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.
• Plat note #10 states, "This subdivision is subject to the terms of ACRD License Agreement instrument
no.
A revised final plat should be provided that includes the ACHD License Agreement instrument number
prior to the City Clerk signing the final plat.
• Plat note #13 states, "Lot 81 of Block 6 is subject to an easement to the Middleton Mill Ditch Company
and Drainage District No. 2 as shown." The applicant should clarify the easement shown on the final
P
lat.
The revised final plat should be provided prior to the City Clerk signing the final plat.
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• The final plat does not contain a plat note indicating that direct lot access to North Palmer Lane is
prohibited. The applicant should provide a revised final plat with an additional plat note that states,
"Direct lot access to North Palmer Lane is prohibited."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #17 states, "Lot 74 of Block 6 is subject to a blanket easement in favor of the Eagle Sewer
District." The applicant should revise plat note #17 to include public utilities, irrigation and drainage
easements within this Lot 74. Include building lots 75 and 76 take access from this common lot
driveway. Plat note #17 should be revised to state, "Lot 74 of Block 6 contains a perpetual easement
for ingress/egress for Lots 75 and 76 of Block 6. Said lots shall be owned by and maintained by the
Legacy Community Association, Inc., these lots are also subject to a blanket easement for water, sewer,
irrigation, drainage, and other public utilities."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The CC&Rs should include the following language regarding fencing:
"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. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area
shall be limited to four feet (4') in height."
The applicant should provide revised CC&R' s prior to City Clerk signing the final plat.
• Sheet 2 Certificate of Owners of the final plat shows the owner of the property stated as, "White
Sturgeon, LLC, with a signature line for Brian F. McColl, president of Developers Services, Inc.,
manager of White Sturgeon, LLC. The Ada County Assessor's office shows the owner of the property
as Cloud Berry, LLC.
The applicant should submit a revised final plat with sheet 2 Certificate of Owners showing the property
owner stated, "Cloud Berry, LLC, with a signature line for Brian F. McColl, president of Developer
Services, Inc.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 25, 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-06-19 & FP -08-19 for a final development plan and final plat
for Snoqualmie Falls Subdivision No. 13 for North Corridor, 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-06-17IPPUD-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 showing the street name, "North Braxon Avenue" changed to "North
Morehouse Avenue." The revised final plat shall be provided prior to the City Clerk signing the final
P
lat.
7. Provide a revised final plat with an additional plat note added to the plat to state, "Lot 6 of Block 24 is
hereby dedicated to the Eagle Sewer District." The revised final plat shall be provided prior to the City
Clerk signing the final plat.
8. Provide a revised final plat with plat note #7 revised to state, "Lots 74 and 81 of Block 6, Lots 17, 21,
and 25 of Block 23, and Lots 5 and 1 of Block 24 are designated as common lots and shall be owned
and maintained by the Legacy Community Association, Inc., or its assigns."
9. Provide a revised final plat with plat note #8 to state, "Lot 81 of Block 6, Lot 21 of Block 23, and Lot
11 of Block 24 are servient to and contain the ACHD stormwater drainage system. These lots are
encumbered by that certain first amended 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 this reference as if set forth in full (the "Master Easement"). The Master Easement 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.
10. Provide a revised final plat with an additional plat note that states, "Direct lot access to North Palmer
Lane is prohibited." The final plat shall be provided prior to the City Clerk signing the final plat
11. Provide a revised final plat with plat note #17 revised to state, "Lot 74 of Block 6 contains a perpetual
easement for ingress/egress for Lots 75 and 76 of Block 6. Said lots shall be owned by and maintained
by the Legacy Community Association, Inc., these lots are also subject to a blanket easement for water,
sewer, irrigation, drainage, and other public utilities." The revised final plat shall be provided prior to
the City Clerk signing the final plat.
12. Provide a revised final plat that includes the ACHD License Agreement instrument number prior to the
City Clerk signing the final plat.
13. Provide a revised final plat clarifying the Middleton Mill Ditch Company and Drainage District No. 2
easement shown on the final plat. The revised final plat should be provided prior to the City Clerk
signing the final plat.
14. Provide a revised final plat with the Certificate of Owners showing Cloud Berry, LLC as the owner of
the property. The revised final plat shall be provided prior to the City Clerk signing the final plat.
15. All common area improvements within Snoqualmie Falls Subdivision No. 13 as specified on the
approved landscape plan (DR -44-17) shall be completed or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
16. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
17. 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.
18. 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.
19. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior
to the City Clerk signing the final plat.
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20. 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.
21. 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.
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 applicant shall install at the entrances to Snoqualmie Falls Subdivision No. 13, 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.
24. 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."
25. 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.
26. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
27. 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.
28. 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.
29. 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.
30. Provide a revised copy of the CC&Rs with the following language included:
31. "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. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area
shall be limited to four feet (4') in height." The revised CC&Rs shall be provided prior to the City Clerk
signing the final plat.
32. Provide a copy of the recorded amended CC&R' s for Snoqualmie Falls Subdivision No. 13 identifying
it being annexed into the existing CC&R' s for the Legacy development prior to the submittal of any
building permit applications.
33. 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 Falls Subdivision No. 13, prior
to the submittal of any building permit applications.
34. 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.
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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;
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;
2.
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 9t'' day of July 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City ( lerk
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