Findings - CC - 2013 - FPUD-02-13 & FP-06-13 - Snoqualmie Falls #3/36 Lot/23.93 Acre Site BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR SNOQUALMIE FALLS SUBDIVISION )
NO.3 FOR HORSESHOE FLATS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-13 & FP-06-13
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on June 11, 2013. 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 final development plan and final
plat approval for Snoqualmie Falls Subdivision No. 3 (a portion of the approved Mosca Seca
Subdivision No. 3) a 36-lot (32-buildable, 4 common) residential development. The 23.93-acre
site is located on the south side of Floating Feather Road approximately 865-feet west of
Lanewood Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on April 17, 2013.
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.
On August 14, 2012, the City Council approved the final development plan and final plat FPUD-
01-12/FP-01-12, for Snoqualmie Falls Subdivision No. 1.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On January 8, 2013, the City Council approved the final development plan and final plat FPUD-
02-12/FP-04-12, for Snoqualmie Falls Subdivision No. 2.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
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 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
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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. 3 (a portion of the approved Mosca Seca Subdivision No. 3). This phase
differs slightly from the approved preliminary plat for this area of the development in lot quantity
in that the number of buildable lots has been reduced from 40-lots to 32-lots. The reduction in the
number of buildable lots and increase in open space is due to the removal of the road located
adjacent to the southern boundary of the subject phase. The proposed road located adjacent to the
southern boundary was to be located within easements owned by the irrigation companies serving
the development. In the event the irrigation companies would have needed to do maintenance to
their facilities located adjacent to the road a possibility existed that the road would be impacted.
• Plat note #1 on the final plat date stamped by the City on June 4, 2013, indicates that, "Unless
otherwise dimensioned, there shall be a permanent easement for public utilities, irrigation, lot
drainage, sewer, irrigation, and street lights over the ten (10) feet adjacent to any public street as
per Eagle City Code 9.3.6. This easement shall not preclude the construction of hard-surfaced
driveways and walkways to each lot." Pursuant to Eagle City Code Section 9-3-6 (A),
unobstructed utility easements shall be provided along front lines, rear lot lines, and side lot lines.
Total easement width shall not be less than twelve feet(12'),except that lesser easement widths,to
coincide with respective setbacks, may be considered as part of a planned unit development. The
applicant should provide a revised final plat with plat note #1 revised to read, "Unless otherwise
dimensioned, there shall be a permanent easement for public utilities, irrigation, lot drainage,
sewer, irrigation, and street lights over the twelve feet (12') adjacent to any public street as per
Eagle City Code 9-3-6. This easement shall not preclude the construction of hard-surfaced
driveways and walkways to each lot." The applicant should provide the revised final plat prior to
the City Clerk signing the final plat.
• During the approval process for the Legacy development the developer entered into a
Memorandum of Agreement (MOA) regarding the development of the municipal water system.
The MOA was included as an exhibit to the executed development agreement. Pursuant to the
MOA the developer (or any subsequent owner of the property) was required to complete the
licensing of the water right associated with the municipal wells and comply with all the
requirements of the licensing for the municipal well(s) located on the site. One of the requirements
of licensing of the water right was that ground water monitoring wells would be required. To date,
the monitoring wells have not been constructed. In February 2008, the City and the developer
executed and amendment to the MOA, which stated that the City would not sign any final plat
until the water right became licensed and the wells were completed. Due to the monitoring wells
not being complete the water right for the municipal well is not presently licensed. The applicant
should be required to construct the monitoring wells for the municipal water system or provide a
surety in the amount of 150% of the construction costs of the monitoring wells 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.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 11, 2013. 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-02-13/FP-05-13 for a final development plan and final
plat for Snoqualmie Falls Subdivision No. 3 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 and legal fees incurred for
reviewing this project,prior to the City Clerk signing the final plat.
5. The applicant shall provide a revised final plat with plat note #1 revised to read, "Unless
otherwise dimensioned, there shall be a permanent easement for public utilities, irrigation, lot
drainage, sewer, irrigation, and street lights over the twelve feet (12') adjacent to any public
street as per Eagle City Code 9-3-6. This easement shall not preclude the construction of hard-
surfaced driveways and walkways to each lot." The applicant shall provide the revised final
plat prior to the City Clerk signing the final plat.
6. The applicant shall be required to construct the monitoring wells for the municipal water
system or provide a surety in the amount of 150% of the construction costs of the monitoring
wells prior to the City Clerk signing the final plat.
7. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
8. 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 final
plat.
9. Provide a copy of the recorded CC&R's 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. 3,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. 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.
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. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
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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.
15. 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.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on April 17, 2013.
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 25th day of June, 2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
es D. Reynolds, ay.f
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ATTEST:
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