Findings - CC - 2014 - FPUD-02-14 &FP-07-14 - Snoqualmie Falls #5/74 Lot/21.18 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR SNOQUALMIE FALLS SUBDIVISION )
NO.5 FOR HORSESHOE FLATS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-14 &FP-07-14
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 8, 2014. 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 Ben Thomas with Civil Innovations, PLLC, is requesting
final development plan and final plat approvals for Snoqualmie Falls Subdivision No. 5, a 74-lot
(69 buildable, 5 common) residential subdivision. The 21.18-acre site is generally located south of
Floating Feather Road, between Linder Road and Palmer Lane, at the terminus of West Signature
Drive.
B. APPLICATION SUBMITTAL:
The applications for these items were received by the City of Eagle on March 13, 2014.
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-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On August 28, 2007, the City Council approved the final development plan and final plat for
Mosca Seca Subdivision Phases No. 1 &No. 2 (FPUD-01-07/FP-01-07/FP-02-07).
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits 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) (RZ-13-05 MOD).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits 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(RZ-13-05 MOD 2).
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 for the preliminary plat for
Mosca Seca Subdivision (PP-01-06)to be valid until August 25, 2010 (EXT-12-09).
On November 9, 2010,the City Council approved an extension of time for the preliminary plat for
Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2011 (EXT-07-10).
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On September 13, 2011,the City Council approved an extension of time for the preliminary plat
for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2012(EXT-06-11).
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits 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(RZ-13-05 MOD 3).
On August 14, 2012, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 1 (FPUD-01-12/FP-01-12).
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 for
Snoqualmie Falls Subdivision No. 2(FPUD-02-12/FP-04-12).
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 3 (FPUD-02-13/FP-06-13).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 final plat was recorded at the
Ada County Recorder's office.
On February 11, 2014, the City Council approved the final development plan and final plat for
Snoqualmie Falls Subdivision No. 4 (FPUD-05-13/FP-14-13).
On January 28, 2014, the City Council approved a conditional use permit, preliminary
development plan, and preliminary plat for Snoqualmie Falls Subdivision No. 5 (CU-08-
13/PPUD-07-13/PP-12-13).
On March 13, 2014, the Design Review Board approved a design review application for the
common area landscaping for Snoqualmie Falls Subdivision No. 5 (DR-07-14)..
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated January 28, 2014, 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;
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• 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 to
the preliminary development plan and preliminary plat.
• The applicant submitted a revised preliminary plat and final development plan with a detail for
the 10-foot wide pathway with a 4:1 slope from the back of curb down to the pathway. The
approved landscape plans (DR-07-14) identify a 10:1 slope from the back of curb. The
applicant should submit a revised final development plan showing a revised detail with a 10:1
slope consistent with the approvals for the landscape plans.
• It is staff's 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 July 8, 2014. 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-02-14 & FP-07-14 for a final development plan and
final plat for Snoqualmie Falls Subdivision No. 5 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 CU-08-13/PPUD-07-13/PP-12-13.
3. Comply with the conditions of DR-07-14 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.
5. The applicant shall not begin construction until the City Engineer has reviewed the ACHD stamped and
approved final engineering construction drawings. The applicant shall comply with all conditions set
by the City Engineer after review of the ACHD stamped and approved final engineering construction
drawings. Upon approval by the City Engineer, the City will issue a "notice to proceed with
construction"to the project engineer.
6. Provide a revised final plat with a plat note to read, "Sanitary sewer service to be provided by
extension of the Eagle Sewer District sewer system."
7. Provide a revised final plat with a plat note to read, "Domestic water to be provided by
extension of the City of Eagle Municipal Water System."
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8. Provide an approval letter for construction of sewer improvements from the Eagle Sewer
District,prior to the City Clerk signing the final plat.
9. The applicant shall provide a license agreement from ACHD approving the landscaping within
the public rights-of way-abutting and within this site, prior to the City Clerk signing the final
plat.
10. Provide a copy of the recorded amended CC&R's for Snoqualmie Falls No. 5 Subdivision
identifying it being annexed into the existing CC&R's for the Legacy development.
11. 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. 5, prior to the issuance of any building
permits.
12. 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.
13. 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."
14. The applicant shall install at the entrances to Snoqualmie Falls Subdivision No. 5, 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. Provide an approval letter for the requirements of all drainage district and irrigation districts
prior to the City Clerk signing the final plat.
16. 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.
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 subdivision's Architectural
Control Committee. Building permit applications that do not have an approval letter attached
will not be accepted.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on March 13, 2014.
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
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