Findings - CC - 2015 - FPUD-05-15 & FP-06-15 - Snoqualmie Falls Subd No 7/48-Lot/30.93 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. 7 FOR HORSESHOE FLATS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-05-15 &FP-06-15
The above-entitled final development plan and fmal plat applications came before the Eagle City Council
for their action on June 9, 2015. 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 fmal
development plan and final plat approvals for Snoqualmie Falls Subdivision No. 7, a 48-lot (42
buildable, 5 common) residential subdivision. The 30.93-acre site is generally located south of
Floating Feather Road,between Linder Road and Palmer Lane,at the terminus of West Nordic Drive.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 23,2015.
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 fmal 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).
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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).
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 fmal plat for
Snoqualmie Falls Subdivision No. 1 (FPUD-01-12/FP-01-12).
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 fmal 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 fmal plat for Snoqualmie
Falls Subdivision No. 3 (FPUD-02-13/FP-06-13).
On November 12, 2013, the Snoqualmie Falls Subdivision No. 3 fmal 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).
On July 23, 2014, the Snoqualmie Falls Subdivision No. 4 fmal plat was recorded at the Ada County
Recorder's office.
On December 8, 2014, the Snoqualmie Falls Subdivision No. 5 fmal plat was recorded at the Ada
County Recorder's office.
On January 28, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Snoqualmie Falls Subdivision No. 6(CU-06-14/PPUD-03-14/PP-09-14).
On April 28, 2015, the City Council approved the fmal development plan and final plat for
Snoqualmie Falls Subdivision No. 6(FPUD-04-15/FP-05-15).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated March 10, 2015, are incorporated herein
by reference.
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E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall fmd that the facts submitted with the application and presented to them establish:
1. The ordinances and standards used in evaluating the application;and
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. The final
development plan and final plat show that there have been no significant changes to the preliminary
development plan and preliminary plat.
• It is staff's opinion that the fmal 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
fmal plat will be in substantial conformance with the preliminary plat with the conditions herein.
• The Eagle Fire Department provided correspondence, date stamped by the City on December 11,
2014, in response to their concerns regarding the Snoqualmie Falls Subdivision No. 6 preliminary
development plan and preliminary plat. The fire department indicated that a secondary access from
West Striker Court to West Hamm Lane would be required. The applicant's engineer indicated during
the approval of the preliminary development plan and preliminary plat that they did not have
ownership of the buildable lot located within the adjacent subdivision(Mosca Seca Subdivision No. 2)
allowing for a secondary access to be constructed to West Hamm Lane. After discussion the applicant
proposed a secondary access to Palmer Road from the next phase of the development (subject
application) instead of the secondary access identified within the Eagle Fire Department letter.
Subsequently the final development plan and final plat was approved for Snoqualmie Falls
Subdivision No. 6 and the secondary access recommended by the fire department was not required nor
constructed. The applicant has recently indicated they are working with the adjacent landowner to
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purchase the lot needed to allow construction of the secondary access as originally referenced in the
Eagle Fire Department correspondence, date stamped by the City on December 11, 2014. The Eagle
Fire Department provided correspondence, date stamped by the City on June 2, 2015, indicating a
secondary access located between West Striker Court and Mosca Seca Subdivision No. 2 is the
preferred secondary access and as proposed will provide a secondary access not only for Snoqualmie
Falls Subdivision No. 6 but Mosca Seca Subdivision No. 2 as well. This connection will require the
secondary access to be constructed from West Striker Court across a common lot(Lot 4, Block 6) and
a buildable lot (Lot 116, Block 6) located within the Mosca Seca Subdivision No. 2. The applicant
should be required to provide a cross access agreement for a temporary secondary access road to be
located on Lot 4 and Lot 116, Block 6, Mosca Seca Subdivision No. 2. The cross access agreement
should be executed and the temporary secondary access road constructed prior to the City Clerk
signing the final plats for Snoqualmie Falls Subdivisions No. 6 and No. 7.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 9, 2015. 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-05-15 & FP-06-15 for a final development plan and final plat
for Snoqualmie Falls Subdivision No. 7 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-06-14/PPUD-03-14/PP-09-14.
3. Comply with the conditions of DR-06-15 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 fmal plat.
5. The applicant shall provide a cross access agreement for a temporary secondary access road to be
located on Lot 4 and Lot 116, Block 6, Mosca Seca Subdivision No. 2. The cross access agreement
shall be executed and the temporary secondary access road constructed prior to the City Clerk signing
the fmal plats for Snoqualmie Falls Subdivisions No. 6 and No. 7.
6. The applicant shall not construct any 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
ACRD 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"to
the project engineer.
7. Provide an approval letter for completion of sewer improvements from the 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 amended CC&R's for Snoqualmie Falls No. 7 Subdivision identifying
it being annexed into the existing CC&R's for the Legacy development.
10. Provide two (2) full size copies of the recorded fmal plat, and an 8 1/2" x 11" recorded copy of the
final plat of Snoqualmie Falls Subdivision No. 7,prior to the issuance of any building permits.
11. 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.
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12. 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."
13. The applicant shall install at the entrances to Snoqualmie Falls Subdivision No. 7, 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.
14. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
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. 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 23,2015.
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.
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DATED this 14th day of July,2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
res D. Reynolds,Ma or
OF
ATTEST: (.7 ov.vOR'ov.�t'
Sharon K.Bergmann,Eagle City Cler Vt SEAL
i%t llt1RAiw •
''•9`OF 19
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