Findings - CC - 2007 - FPUD-03-06 / FP-10-06 / FPUD-4-06 / FP-11-06 (No. 2) - Eaglefield Estates Phase 2 / 61.8 Acre / 135 Lot
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MAITER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR EAGLEFlELD ESTATES )
SUBDMSION PHASE NO.1 AND NO.2)
FOR PETER HARRIS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-06 & FP-l0-06 (No.1) & FPUD-4-06 & FP-ll-06 (No.2)
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on February 13,2007. 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:
Eaglefield, LLC, represented by John Carpenter, PE with Landmark Engineering and Planning, Inc., is
requesting final development plan and final plat approval for Eaglefield Estates Phase I, a 39.3-acre,
135-lot (116-buildable, 19-common) residential subdivision and Eaglefield Estates Phase 2, a 61.8-
acre, 130-lot (I12-buildable, 17-commom, I-well lot) residential subdivision. The entire Eaglefield
Estates Subdivision is located on the north side of State Highway 44 approximately 650-feet west of
Linder Road.
B. HISTORY:
The City Council approved the PUD and Preliminary Plat for Eaglefield Estates Planned Unit
Development (A-4-04/RZ-17-04/CU-I 0-04/PPUD-3-04/PP-9-04N AC-2-04) on February 14, 2006.
C. PRELIMINARY PUD/PLA T FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 14,2006, are incorporated
herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission shall find that the facts submitted with the application and presented to them
establish that:
I. The proposed development can be initiated within one year of the date of approval;
2. Each individual unit of the development, as well as the total development, can exist as an
independent unit 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;
3. 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;
4. Any proposed commercial development can be justified at the locations 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;
6. The area surrounding said development can be planned and zoned in coordination and
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substantial compatibility with the proposed development;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (C):
Upon granting or denying the application, the Council shall specify:
I. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
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 plans and final plats for
Eaglefield Estates Phase I and Phase 2. Theses phases differ from the original preliminary
development plan due to a request from ADHD to exchange the ROW from V AC-2-04 for the new
ROW for Escalante Street, N. Golden Crown Way and W. During Drive, prior to the signing ofthe
final plats. ACHD has submitted a letter detailing the process and stating it is at their request this
modification is taking place. The final development plans and final plats show that there have been
no significant changes to the preliminary development plan and preliminary plat.
It appears that plat note #14 on Phase I does not adequately address the requirement for Lots 1,2,
3,4,6,7,8 & 9, Block 6, and Lots 19,20,21,22,24,25,26 & 27 to include easements provided to
accommodate common drives as required by the PUD site specific condition of approval #6, noted
within the City Council Findings of Fact and Conclusions of Law document dated February 14,
2006. The applicant should be required to provide a revised Phase I final plat that shows specific
shared driveway easements on each of the aforementioned lots. The revised final plat shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
The common area open space and associated improvements provided within Eaglefield Estates
Subdivision No.2 are the essential open space components of the entire Eaglefield Estates Planned
Unit Development. These open space improvements should be constructed (or a surety provided)
prior to the City Clerk signing the final plat for Eaglefield Estates Subdivision No.1.
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 and C (as noted for Phase I and II herein) with the conditions
recommended herein and that the final plats will be in substantial requirements with the preliminary
plat with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on January 22, 2007. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval ofFPUD-3-06/FP-10-06 & FPUD-4-06/FP-
11-06 for a final development plan and final plat for Eaglefield Estates Subdivision Phases I & 2
with the site specific conditions of approval provided within their findings of fact and conclusions
of law document, dated February 5, 2007.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on February 13,2007. The Council made their decision
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve FPUD-3-06/FP-1O-06 & FPUD-4-06/FP-
11-06 for a final development plan and final plat for Eaglefield Estates Subdivision Phases 1 & 2
with the following Planning and Zoning Commission recommended site specific conditions of
approval with underline text to be added by the Council and text shown with strike through to be
deleted by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions of the City Engineer noted with their letter dated December 28,
2006.
2. Comply with all applicable conditions of A-4-04/RZ-17/04/CU-I 0-04/PP-9-04N AC-2-04.
3. Comply with the conditions ofDR-66-06.
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.
5. Subdivision signage, sign lighting, and sign landscaping shall be reviewed and approved by
the Design Review Board prior to the City Clerk signing the final plat.
6. Commencement of construction of the subdivision infrastructure shall not begin until DEQ
approves the water system and well house for construction.
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 ACHD approving the landscaping and
entry structure located within the public rights-of way-abutting and within this site, prior to the
City Clerk signing the final plat.
9. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
September 9, 2005.
10. Provided a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the
recorded final plats, and an 8 112" x 11" recorded copy of the final plats of the Eaglefield
Estates Subdivision I & 2, prior to the issuance of any building permits.
II. 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.
12. To assure compliance with the PUD conditions of approval herein, the City reserves the right
to deny, at its discretion, any building permit applications that does not meet the architectural
requirements (as noted in the applicant's justification letter item "Z" and as required in site
specific condition of approval #12 of the PPUD) of the PUD.
13. All accessory structures located on the site shall be removed from the site prior to the issuance
of any building permits for the site. Demolition permits shall be obtained prior to the removal
of said structures.
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14. The following setbacks and lot coverage requirements shall apply:
Dimensional Standards by Product Type (see Exhibit "A" of the Development Agreement for RZ-17-04
for product location map)
The Cedars-R-4 Zone (single family detached)
Size (sq ft)* frontage front setback rear setback side in side out Width
6,000, 6,500 & 7,000 35 20** 20 7.5 & 5 20 50
* All lots between 6, 000 and 6,99 sq ft shall have shared/common drives. All lots less than 6,000 sq ft
shall be alley loaded. See Exhibit D for lot access requirements.
**See Site Specific Condition #14
Size frontage front setback rear setback side in side out Width
8,000 35 20 25 7.5&5 20 70
The Vintage -R-3 Zone (single family detached)
Size frontage front setback rear setback side in side out Width
10,000 35 30 25 7.5&5 20 70
The Fairway -R-2 Zone (single family detached)
Size frontage front setback rear setback side in side out Width
per plan 11,000 + 35 30 30 10& 5 20 75
per plan 10,999- 35 30 25 7.5 &5 20 75
15. The following setbacks shall apply in the "Cedars" (see Exhibit "e", included herein, of the
development agreement for product location):
15 - foot front yard setback:
Lots 2, 4, 6, & 8, Block 3
Lots 4, 6, 8,10, 14, 16, 18, & 20, Block 4
Lots 3,5,7, & 9, Block 6
15 ft. front setback & lOft. street side setback:
Lot 10, Block 3
Lots II & 12, Block 4
Lot 11, Block 6
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16. Lot access in the "Cedars" area shall be regulated by Exhibit "D", herein, of the development
agreement. Either a new plat note or easements as referenced under Plat Note # 14 should be
included on the following lots:
Block 6, Lots I & 2,
Block 6, Lots 3 & 4,
Block 6, Lots 6 & 7,
Block 6, Lots 8 & 9,
Block 6, Lots 19 & 20,
Block 6, Lots 21 & 22,
Block 6, Lots 24 & 25,
Block 6, Lots 26 & 27
The applicant shall be required to provide a revised Phase 1 final plat that shows specific
shared driveway easements on each of the aforementioned lots. The revised final plat shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
17. Provide the City of Eagle a recorded copy ofan ingress/egress and utility easement for the
connection of Pelston Street to Linder Road to the west of the site. The existing access to
State Highway 44 shall be abandoned and the new access constructed prior to the City Clerk
singing the final plat for phase one.
18. The clubhouse and pool within Eaglefield Estates Subdivision NO.2 as specified on the
approved landscape plan (DR-66-06) shall be completed or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat for Eaglefield Estates
.J,...ef Subdivision No.2.
19. Provide the City of Eagle a recorded copy of an ingress/egress easement for the off site portion
of the cross-access/alley easement west of Lots 2-10, Block 3 prior to the City Clerk signing
the final plat for phase one.
20. 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".
21. The applicant shall install at the entrances to Eaglefield Estates Subdivision 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.
22. All fencing within the development shall be open fencing constructed of wrought iron or
similar material approved by the Eagle Design Review Board (DR-66-06).
23. Provide an approval letter for the requirements of all drainage district and irrigation districts
prior to the City Clerk signing the final plat.
24. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Dig line" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on August 2,2006. Revised plans were
received by the City on January 19,2007.
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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:
I. The first phase of 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 ofthe 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 ofthe 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 and setbacks as specifically
approved by the City will allow for a mix of housing types 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.
C. The Memorandum of Agreement Amendment 1 (attached hereto and incorporated herein by
reference), between the City of Eagle and Eaglefield, LLC, was approved by the City Council at their
February 13,2007, meeting.
DATED this 27th day of February 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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MEMORANDUM OF AGREEMENT
AMENDMENT 1
This Memorandum of Agreement ("MOA") is made and entered into this 13th day of
February, 2007, between the CITY OF EAGLE ("CITY") and EAGLE FIELD, LLC
("EAGLEFIELD") to document the development of water rights and wells for the proposed
Eaglefield Subdivision located in Ada County, Idaho ("Eaglefield Subdivision" or
"Subdivision"). The purpose and objective of this MOA is to require EAGLEFIELD to acquire
sufficient municipal water rights and develop sufficient wells to deliver municipal water to the
Eaglefield Subdivision in compliance with and consist with the intent City of Eagle Ordinance
No.479
RECITALS
WHEREAS, at their regularly scheduled meeting on February 13,2007, the Eagle City
Council unanimously voted to approve this Memorandum of Agreement Amendment 1.
WHEREAS, this Memorandum of Agreement Amendment 1, dated February 13,2007,
supersedes the original Memorandum of Agreement dated, September 13,2005.
WHEREAS, EAGLEFIELD is in the process of developing and seeking to annex the
Eaglefield Subdivision into the CITY; and
WHEREAS, the Eaglefield Subdivision will require municipal water and accompanying
wells to serve the residential development in the Subdivision; and
WHEREAS, to facilitate annexation of the Eaglefield Subdivision into the CITY and the
development of the Subdivision, EAGLEFIELD is required to acquire and develop sufficient
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water rights and wells for the purpose of serving the Subdivision in order to comply with City
Ordinance No. 479; and
WHEREAS, the CITY has filed an application for a water right No. 63-32090 that is
agreed to be sufficient for the Eaglefield Subdivision; and
WHEREAS, EAGLE FIELD has thoroughly reviewed that application, the protests to the
application, and as fully aware of the steps and procedures necessary to license the application,
and comply with City Ordinance No. 479, and agrees the application would best meet the needs
of the Eaglefield Subdivision; and
WHEREAS, EAGLEFIELD has determined that it is in its best interest to use the CITY's
application in order to meet EAGLEFIELD's obligations to provide potable water for the
Eaglefield Subdivision pursuant to City Ordinance No. 479; and
WHEREAS, the CITY has agreed to allow EAGLEFIELD to utilize the City's
application in order to acquire the necessary water rights for the Eaglefield Subdivision as set
forth in the application.
NOW THEREFORE, the CITY and EAGLEFIELD agree as follows:
1. The CITY shall proceed to license the CITY's application No. 63-32090.
EAGLEFIELD agrees to pay the CITY for the services of appropriate experts and counsel to
take all steps necessary to complete licensing of the application including meeting any
requirements required by the Idaho Department of Water Resources. Title to the water right
shall remain in the CITY's name.
2. EAGLEFIELD agrees to cooperate in all respects with the CITY in the licensing
procedure and to execute such documents as are deemed necessary by the CITY in its sole
discretion to complete the development of the water right, the development of wells, and the
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conveyance of any interest in land necessary to accomplish the objectives of this MOA.
EAGLEFIELD further acknowledges the interest of the CITY in the application and agrees to
take all steps necessary to protect and defend the CITY's interest in the application.
EAGLEFIELD further agrees to enter into a Joint Defense Agreement with the CITY with regard
to any legal proceedings involved in processing the application and to take all actions necessary
to protect communications between the CITY and EAGLEFIELD as appropriate, including all
communications between and among counsel and other parties representing the CITY and
EAGLEFIELD.
3. EAGLEFIELD shall, at its own expense, develop wells designed to meet all
municipal well requirements in accordance with all applicable laws and regulations and transfer
the same to the CITY. The municipal wells and their construction shall be subject to the
approval of the CITY Engineer consistent with City Ordinance No.479.
4. Upon the signing of this MOA, EAGLE FIELD will take all steps necessary to
guarantee that it has the authority with respect to the land where the point(s) of diversion of
water right application No. 63-32090 are located to convey such land to the CITY for the well
site and any easements necessary to provide water delivery from the welles) to the Eaglefield
Subdivision or to otherwise connect to the CITY water system as determined by the CITY
Engineer and shall convey such lands to the CITY upon notice by the CITY. Proof of such
authority shall be provided to the CITY.
5. EAGLEFIELD understands and agrees that licensing of the municipal water right
and transfer of the municipal wells and necessary easements as set forth above are an absolute
condition feF of approval of the final plat of the Eaglefield Subdivision, and the CITY Clerk will
not sign the final plat until the water right is licensed and wells are completed, all necessary
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interests conveyed to the CITY, the water right and wells are ready and able to deliver water to
the Subdivision, and all costs and expenses owed to the CITY pursuant to Ordinance 479 have
been paid to the CITY and others. EAGLEFIELD further understands and agrees that the above
described water right and municipal wells, as approved by the CITY, the Idaho Department of
Water Resources and Department of Environmental Quality, shall be the means by which
Eaglefield Subdivision is supplied potable water.
6. Where appropriate, the CITY will consider whether a cash bond, irrevocable letter
credit, or similar instrument may be acceptable to the CITY to guarantee performance by
EAGLEFIELD.
7. EAGLEFIELD understands and agrees that this MOA may be incorporated into a
development agreement between the CITY and EAGLEFIELD as part of the rezone approval
process.
8. Each party signing below attests and declares under penalty of perjury that the
party has authority to sign on behalf of the indicated entity or entities, and that the non-CITY
entities are bound by this MOA.
EAGLEFIELD, LLC
An Idaho Limited Liability Company
By:
Peter Harris, Manager
For the CITY
By:
NANCY C. MERRILL,
Mayor of City of Eagle
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Attest:
SHARON BERGMANN
City Clerk
STATE OF IDAHO )
: ss.
County of Ada )
On this _ day of ,2007, before the undersigned notary public in and
for the said state, personally appeared NANCY C. MERRILL, known or identified to rne to be
the Mayor of the City of Eagle and the person who executed the foregoing instrument on behalf
of said City and acknowledged to me that said City executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
: ss.
County of Ada )
On this _ day of , 2007, before the undersigned notary public in and
for the said state, personally appeared PETER HARRIS, MANAGER, EAGLEFIELD, LLC,
known or identified to rne to be the owner of the property referenced herein and the person who
executed the foregoing instrument.
IN WITNESS WHEREOF, I have hereunto set rny hand and seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
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