Findings - CC - 2012 - FPUD-01-12 & FP-01-12 - Revision For Mosca Seca Subd/Fdp&Pp Snoqualmie Falls #1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR SNOQUALMIE FALLS SUBDIVISION )
NO. 1 FOR HORSESHOE FLATS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-01-12 &FP-01-12
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 14, 2012. 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:
Horseshoe Flats, LLC, represented by Justin Martin, is requesting a revision to the approved
phasing plan for Mosca Seca Subdivision, a 386-lot residential subdivision (344-residential, 42-
common). The applicant is also requesting final development plan and final plat approval for
Snoqualmie Falls Subdivision No. 1 (a portion of the approved Mosca Seca Subdivision No. 3), a
21-lot (19-buildable, 2 common) residential development. The 228.79 acre site is located south of
Floating Feather Road and west of Linder Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 17,2012.
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 (A-09-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-
01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits(RZ-13-05 MOD)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).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) 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.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25,2010.
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On November 9, 2010,the City Council approved an extension of time(EXT-07-10)for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25,2011.
On September 13,2011,the City Council approved an extension of time(EXT-06-11)for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25,2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 3) 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.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated August 22,2006,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 fmal 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 has reviewed the final development plan and final plat for
Snoqualmie Falls No. 1 (a portion of the approved Mosca Seca Subdivision No. 3). This phase
differs slightly from the original preliminary development plan for this area of the development in
lot quantity in that the number of buildable lots has been reduced from 25-lots to 19-lots. The
amount of open space within this phase has also been slightly decreased, however the amount of
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open space created with the development of the two (2)previous phases far exceeds the percentage
of open space required pursuant to the executed development agreement.
• The applicant is requesting to re-phase the existing approved Mosca Seca Subdivision No. 3
preliminary plat. The originally approved Mosca Seca Subdivision No. 3 preliminary plat
consisted of 105-lots (97-buildable, 8-common). The request is to re-phase Mosca Seca
Subdivision No. 3 into three (3) separate phases. The combination of the three (3) phases will be
equivalent to or have less than the total number of buildable lots within the originally approved
Mosca Seca Subdivision No. 3. The reason for the request is to allow the applicant to keep the
project moving forward at a pace that is consistent with the anticipated lot sale rate. The proposed
Snoqualmie Falls Subdivision No. 1 will be the first phase of the previously approved Mosca Seca
Subdivision No. 3.
• Plat note#6 of the Snoqualmie Falls Subdivision No. 1 final plat, date stamped by the City on July
17, 2012, describes that any re-subdivision of this plat shall comply with the applicable zoning
regulations in effect at the time of the re-subdivision. All subdivision proposals within the city are
required to be in conformance with Eagle City Code in effect at the time of application. The
applicant should provide a revised final plat with plat note #6 amended to read, "Any re-
subdivision of this plat shall comply with city code in effect at the time of the re-subdivision."
prior to the City Clerk signing the fmal plat.
• Plat note #8 references a Middle Irrigation Association. The correct name of the referenced
irrigation association is the Middleton Irrigation Association. Also, as part of the Middleton
Irrigation Association irrigation water is provided by the Middleton Mill Ditch Company. The
applicant should provide a revised final plat with plat note#8 revised to read, 'Irrigation water has
been provided from the Middleton Irrigation Association, Middleton Mill Ditch Company, New
Dry Creek Ditch Company, and the Foothills Irrigation District, in compliance with Idaho Code
31-3805 (B). Lots within this subdivision will be entitled to irrigation water rights and individual
lots will pay assessments from the homeowner's association." prior to the City Clerk signing the
final plat.
• It is staffs opinion that the final development plan can meet the Findings of Fact required in Eagle
City Code Section 8-6-6-3 (B) (as noted herein) with the conditions recommended herein and that
the final plat will be in substantial conformance with the preliminary plat with the conditions
herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 14, 2012. 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-01-12/FP-01-12 for a final development plan and final
plat for Snoqualmie Falls Subdivision No. 1 for Horseshoe Flats, LLC, with the following staff
recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions of RZ-13-05/CU-12-05/PPUD-13-05/PP-1-06.
3. Comply with the conditions of DR-64-06.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project,prior to the City Clerk signing the final plat.
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5. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
6. The applicant shall provide a license agreement from ACRD approving the landscaping within
the public rights-of way-abutting and within this site, prior to the City Clerk signing the fmal
plat.
7. The applicant shall provide a revised final prat with plat note #6 amended to read, "Any re-
subdivision of this plat shall comply with city code in effect at the time of the re-subdivision."
prior to the City Clerk signing the final plat.
8. The applicant shall provide a revised final plat with plat note #8 revised to read, "Irrigation
water has been provided from the Middleton Irrigation Association, Middleton Mill Ditch
Company,New Dry Creek Ditch Company, and the Foothills Irrigation District, in compliance
with Idaho Code 31-3805 (B). Lots within this subdivision will be entitled to irrigation water
rights and individual lots will pay assessments from the homeowner's association."prior to the
City Clerk signing the final plat.
9. Provide a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the
recorded final plats, and an 8 1/2" x 11" recorded copy of the fmal plats of Snoqualmie Falls
Subdivision No. 1,prior to the issuance of any building permits.
10. 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.
11. 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".
12. The applicant shall install at the entrances to Snoqualmie Falls Subdivision No. 1, 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.
13. Provide an approval letter for the requirements of all drainage district and irrigation districts
prior to the City Clerk signing the final plat.
14. All fencing within the development shall be open fencing constructed of wrought iron or
similar material approved by the Eagle Design Review Board(DR-64-06).
15. 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.
16. Provide two (2) full size copies of the recorded final plats, and an 8 1/2"x 11"recorded copy
of the final plat of Snoqualmie Falls Subdivision No. 1, prior to the issuance of any building
permits.
17. 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 Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
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CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on July 17,2012.
B. 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.
DATED this 28th day of August,2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
C-
arnes D. Reynolds, ay r
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