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Findings - CC - 2019 - FPUD-07-19 & FP-19-19 - Snoqualmie No 3ORIGINAL BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR SNOQUALMIE RIVER SUBDIVISION NO. 3 FOR NORTH CORRIDOR, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-07-19 & FP -09-19 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on August 13, 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 David Sterling, P.E., is requesting final development plan and final plat approvals for Snoqualmie River Subdivision No. 3, a 72 -lot (62 -buildable, 10 -common) residential planned unit development. The 27 -acre site is located on the east side of State Highway 16 approximately 2,215 -feet south of the intersection of State Highway 16 and West Floating Feather Road. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on June 20, 2019. A revised final plat was provided to the City on August 5, 2019. 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-O5/RZ- 1 3-05/CU- 1 2-O5IPPUD- 1 3-05/PP-0 1-06). On September 24, 2018, the City Council approved a final development plan and final plat for Snoqualmie River Subdivision No. 2 (FPUD- 1 1-18/F'P-13-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 1 (FPUD- 15-1 8/FP 19-18). On January 8, 2019, the City Council approved a final development plan and final plat for Snoqualmie Village Subdivision No. 2 (FPUD-16-18/I-P-20-18). On February 12, 2019, 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 MODS). On April 23, 2019, the City Council approved a conditional use permit, preliminary development plan, and preliminary plat for Snoqualmie River Subdivision No. 3 (CU-05-18/PPUD-03-18/PP-09-18). On February 12, 2019, the City Council approved a final development plan and final plat for Snoqualmie Falls Subdivision No. 12 (FPUD-17-18/FP-21-18). On August 13, 2019, the City Council approved the common area landscaping within Snoqualmie River Subdivision No. 3 for North Corridor, LLC (DR -50-19). Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Snoqualmie River Sub No. 3 fp & fpud cct.docx For additional property history see: RZ- 13-05 MOD / RZ- 13-05 MOD2 / RZ- 13-05 MOD3 / DR-64- 06/ DR-64-06 MOD2 / I-PUD-01-07/F'P-01 -07 / FP -02-07 / F'PUD-01- 12/FP-01 - 12 / F'PUD-02- 1 2/F'P- 04-12 / FPUD-02-1 3/H-06-1 3 / CU -08- 1 3/PPUD-07- 1 3/PP- 12-13 / DR -07-14 / F'PUD-05- 1 31F'P- 14- 13 / CU -06- 14/PPUD-03- 14/PP-09- 14 / HUD -O4- 15/FP-05- 15 / FPUD-05- 15/FP-06- 15 / FPUD-06- 15/F'P-09-15 / DR -68-13 / DR -68-13 MOD / DR -68-13 MOD2 / DR -06-15 / DR -06-15 MOD / DR -06- 15 MOD3 / DR -06-15 MOD4 / EXT -12-09 / EXT -07-10 / EXT -06-11 / CU -06- 1 7/PPUD-03- 17/PP- 03-17 / DR -44-17 / DR -45-17 / RZ- 13-05 MOD4 / I -PUD -04- 17/FP- 18-17 / CU -08- 1 7IPPUD-04- 17/PP-04- 17 / DR -54-17 / FPUD-05- 17/FP-02- 17 / FPUD-01-1 8/FP-01 - 18 / CU -01 - 1 8/PPUD-01- 18/PPUD-02-18 / DR -31-18 / F'PUD-13-18/FP-15-18 / FPUD-17-18/I-P-21-18 / DR -31-18. D. PRELIMINARY PUD/PLAT r1NDINGS: City Council Findings of Fact and Conclusions of Law (CU-05-18/PPUD-03-18IPP-09-18), dated May 14, 2019, 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; 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. STAF'F' ANALYSIS PROVIDED WITHIN THE STAF'F' REPORT (based on thenal plat, date stamped by the City on August 5, 2019): • The City Engineer and Planning staff have reviewed the final plat. It is staff's opinion that the final plat is in substantial compliance with the preliminary plat, pursuant to compliance with the conditions herein. REVIEW BY THE COUNCIL: A review by the City Council was completed on August 13, 2019. The Council made their decision at that time. The minutes are incorporated herein by reference. Page 2 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Snoqualmie River Sub No. 3 fp & fpud ccf.docx COUNCIL DECISION: The Council voted 4 to 0 to approve FPUD-07-19 & FPO9-19 for a final development plan and final plat for Snoqualmie River Subdivision No. 3 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 -05-1 8IPPUD-03- 1 8/PP-09- 18. 3. Comply with the conditions of DR -50-19 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. 6. All common area improvements within Snoqualmie River Subdivision No. 3 as specified on the approved landscape plan (DR -50-19) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 7. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. 8. 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. 9. 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. 10. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior to the City Clerk signing the final plat. 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 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. 13. 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. 14. The applicant shall install at the entrances to Snoqualmie River Subdivision No. 3, 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. 15. 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." 16. 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 Page 3 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Snoqualmie River Sub No. 3 fp & fpud cct.docx signing the final plat. 17. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. 18. 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. 19. 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. 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. 21. 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. 3, prior to the issuance of any building permits. 22. Provide a copy of the recorded amended CC&R' s for Snoqualmie River Subdivision No. 3 identifying it being annexed into the existing CC&R' s for the Legacy development prior to the issuance of any building permits. 23. 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; 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. Page 4 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Snoqualmie River Sub No. 3 fp & fpud cadocx DATED this 27th day of August, 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ' ATTEST: Sharon K. Bergmann, Eagle City Cleric Page 5 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Snoqualmie River Sub No. 3 fp & fpud ccf.docx