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Findings - PZ - 2007 - FPUD-01-07/FP-01-07(No.1)/FP-02-07(No.2) - Mosca Seca Subdivision No.1/127 Acre/123-Lot/No. 2/51-Acre/162-Lot BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATIER OF AN APPLICATION FOR ) A FINAL DEVELOPMENT PLAN AND FINAL ) PLAT FOR MOSCA SECA SUBDIVISION ) PHASE NO.1 AND NO.2 FOR IDAHO ) DEVELOPMENT SERVICES LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-01-07/FP-01-07(No. 1)/ FP-02-07(No. 2) The above-entitled final development plan and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on April 2, 2007. The Commission 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: Idaho Development Services, LLC, Represented by Stanley Consultants, is requesting final development plan and final plat approval for Mosca Seca Subdivision No. I, a 127-acre, 123-lot (92-buildable, 3 I -common) residential subdivision and Mosca Seca Subdivision No.2, a 5 I -acre, 162-lot (150-buildable, ll-commom, I-well lot) residential subdivision. The I78-acre site is located south of Floating Feather Road west of Linder Road. B. HISTORY: The City Council approved the PUD and Preliminary Plat for Legacy Planned Unit Development (A-9-05/RZ-13-05/CU-12-05IPPUD-I3-05IPP-I-06) on August 8, 2006. The City Council approved the Design Review for the Common Area Landscaping and Sports Academy Facility within Phase I for Legacy Planned Unit Development (DR-64-06) on August 22, 2006. C. PRELIMINARY PUDIPLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated August 22,2006, 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; Page I of8 K:\PIanning Dept\Eagle Applications\SUBS\2007\Mosca Seca Sub (Legacy) fp & fpud I &2 pzf.doc 4. Any proposed commercial development can be justified at the locations proposed; S. 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 substantial compatibility with the proposed development; 7. The PUD is in general conformance with the Comprehensive Plan; 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 evaluation 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 staffhas reviewed the fmal development plan and final plats for Mosca Seca Subdivisions No. I and No.2. Theses phases differ only slightly from the original preliminary development plan due to changing the lot layout for the townhouse lots and adding alleys for rear loaded garages. The developer has increased the common lots in the townhouse area of Mosca Seca Subdivision No. I by three (3) lots within Block 2 and two (2) lots within Block 3 and added a public alley for rear loaded garages. This was accomplished by reducing the size of the townhouse lots within these blocks; however, the townhouse lots meet the minimum lot size requirement of3,800 feet as required within the development agreement for RZ-13-05 associated with this development. The developer has also added an alley for rear loading the townhouses adjacent to the proposed well lot (Lot 145, Block 6) of Mosca Seca Subdivision NO.2. It appears that plat note #5 on the final plat for Mosca Seca Subdivision No. I date stamped by the City on March 20, 2007, does not list W. Signature Drive as one of the streets which shall not have direct lot access, It also appears that plat note #5 on the final plat for Mosca Seca Subdivision No. 2 date stamped by the City on March 20, 2007, lists no lots shall be allowed to have direct access to W, Academy Drive. The applicant should provide a revised final plat for Mosca Seca Subdivision No. I adding W. Signature Drive to plat note #5 as one of the streets that no lot shall have direct access to prior to the City Clerk signing the final plat. The applicant should also provide a revised final plat for Mosca Seca Subdivision No.2 removing W. Academy Drive and adding W. Signature Drive to plat note #S that no lot shall take direct access from prior to the City Clerk signing the final plat. Plat note #9 of the Mosca Seca Subdivision NO.2 final plat date stamped by the City on March 20, 2007, describes Lot 3, Block 6, as a common lot for private roads and is covered by a blanket easement for sanitary sewer, public utilities, and emergency vehicle access, The applicant should provide a revised Mosca Seca Subdivision No.2 final plat with plat note #9 indicating that the private roads and alley within Mosca Subdivision No.2 are to be owned and maintained by the Mosca Seca Subdivision No.2 Homeowners Association. All lot owners in the subdivision have the perpetual right of ingress-egress over the described private roads and alley (Lot 3) and this right of ingress-egress shall TUn with the land. A copy of the revised final plat shall be provided prior to the City Clerk signing the final plat. Page 2 of8 K:lPlanning DeptlEaglc ApplicationsISUBS\2007\Mosca Seca Sub (Legacy) fp & fpud I &2 pzf.doc The applicant should also provide a revised copy of the CC&Rs with language within the CC&Rs for the maintenance of the private roads, storm drainage facilities, budget for such maintenance and providing that the maintenance language cannot be modified and the homeowners association cannot be dissolved without the express written consent of the City of Eagle prior to the City Clerk signing the final plat. Plat note #1 of the Mosca Seca Subdivision NO.2 final plat date stamped by the City on March 20, 2007, describes a permanent easement of twelve (12) feet adjacent to any public street. Since there are no public streets proposed within Mosca Seca No, 2 the applicant should provide a revised Mosca Seca Subdivision No.2 final plat removing the words "public street" from plat note #1 and adding private road in its place prior to the City Clerk signing the final plat. The Certificate of Owners on the signature page of both final plats indicates that the subdivisions will receive domestic water from an existing water system and United Water Idaho, Inc. has agreed in writing to serve the lots in this subdivision. The developers entered into a Memorandum of Agreement for providing water and as required within the Conditions on Development for RZ-13- 05, Condition No.3 .21, the developer has acknowledged that the City of Eagle will be the water provider for this development. The applicant should provide revised final plats for Mosca Seca No. I and No, 2 indicating within the Certificate of Owners that the City of Eagle shall be the provider of domestic water prior to the City Clerk signing the final plat. Both final plats for Mosca Seca Subdivision No. I and No.2 date stamped by the City on March 20,2007, show easements on the interior lot lines of the townhouse lots. These units are to be constructed as duplexes and triplexes. The applicant should provide revised final plats showing the interior side lot line easements to be removed where the townhouse units are to have shared walls prior to the City Clerk signing the final plat. As required within the Conditions of Development for RZ-I3-05, Condition No. 3.4.1.7, the patio homes located on other than corner lots may be two stories, but shared driveways should be incorporated to provide a variety of appearance. The applicant should provide revised final plats with a plat note identifying which patio home lots will have shared driveways and show the driveway easement locations within those lots for Mosca Seca Subdivision No. I and No.2 prior to the City Clerk signing the final plats. 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 No, I and No.2 herein) with the conditions recommended herein and that the final plats will be in substantial requirements with the preliminary plat with the conditions herein. The signature pages of Mosca Seca Subdivision No. I and No.2 both contain a signature block for Approval of the County Commissioners. Due to the fact these subdivisions are being platted within the corporate city limits of the City of Eagle the approval of the County Commissioners is not required, The applicant should provide revised final plats for Mosca Seca Subdivision No. I and No, 2 with the signature block for Approval of the County Commissioners removed prior to the City Clerk signing the final plat. The final development plan plat notes #1, 2 and 3 for Phase I of Mosca Seca Subdivision do not reflect the proper easements for public utilities, drainage and irrigation. The applicant should provide a revised Mosca Seca Subdivision Phase I final development plan reflecting the proper easements of twelve feet (12') unless otherwise conditioned within the Conditions of Development for RZ-13-05 prior to the City Clerk signing the final plat. Page 3 of8 K:\Planning Dept\EagJe ApplicationslSUBS\2007IMosca Seca Sub (Legacy) fp & fpud I &2 pzf.doc REVIEW BY THE COMMISSION: A review by the Planning and Zoning Commission was completed on April 2, 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 of FPUD-O 1-07/FP-0 I -071 FP-02-07 for a final development plan and final plat for Mosca Seca Subdivision Phases No. I & No.2, for Idaho Development Services, LLC, with the following staff recommended site specific conditions of approval with text shown with strike through to be deleted by the Commission. SITE SPECIFIC CONDmONS OF APPROVAL: 1. Comply with all conditions of the City Engineer noted with their letter dated March 19,2007. 2. Comply with all applicable conditions of A-9-05/RZ- I 3-05/CU-12-05/PPUD-13-05/PP-l-06, 3. Comply with the conditions ofDR-64-06. 4. The applicant shall submit payment to the City for all Attorney and Engineering fees incurred for reviewing this project, prior to the City Clerk signing the final plat. 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 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. 7. Previae Ftlvisea fIaal )3lats fer Masea Seea SlIllaivisiaa Na, I liBa NO.2 iRaieatiag witIua tHe CeFtifIeate sf OWflefS tHat tHe City sf Eagle sllall be tHe )3fe'liaer sf aemestie water )3riar to tile City Clerk sigaiag tHe Hnal )3lat. 8. Provide revised final plats showing the interior side lot line easements to be removed where the townhouse units are to have shared walls prior to the City Clerk signing the final plat. 9. Provide a revised final plat for Mosca Seca Subdivision No. I adding W. Signature Drive to plat note #5 as one of the streets that no lot shall have direct access to prior to the City Clerk signing the final plat. 10. Provide a revised fmal plat for Mosca Seca Subdivision No, 2 removing W. Academy Drive and adding W. Signature Drive to plat note #5 as the street that no lot shall take direct access from prior to the City Clerk signing the final plat. I I. Provide a revised Mosca Seca Subdivision No.2 final plat removing the words "public street" from plat note #1 and adding private road in its place prior to the City Clerk signing the final plat. 12. Provide a revised Mosca Seca Subdivision No.2 final plat with plat note #9 indicating that the private roads and alley within Mosca Subdivision No.2 are to be owned and maintained by the Mosca Seca Subdivision No, 2 Homeowners Association. All lot owners in the subdivision have the perpetual right of ingress-egress over the described private roads and alley (Lot 3) and this right of ingress-egress shall run with the land. A copy of the revised final plat shall be provided prior to the City Clerk signing the final plat. Page 4 of8 K:\Planning DeptlEagle ApplicationsISUBS\2007\Mosca Seca Sub (Legacy) fp & fpud I &2 pzfdoc 13. Pra'iiae revisea HaW plat far Masea Seea SlIllaivisiaa }Ie. IllRa }Ie. 2 ,<viti! a plat aote iaeatifyiag whieh petie hame lets willRaVll sherea ari'illwa:,'s aHa shew tile arivewa:,' easllmeRt leeat:ieRs witkia tkese lets far Masea Seea SlIIlaivisi8R ))e, I lIna Na. 2 Jlriar to tke City Clel'll sigaing the flftal Jllats. 14. Provide a revised copy of the CC&Rs with language within the CC&Rs for the maintenance of the private roads, storm drainage facilities, budget for such maintenance and providing that the maintenance language cannot be modified and the homeowners association cannot be dissolved without the express written consent of the City of Eagle prior to the City Clerk signing the final plat. 15. Provide revised final plats for Mosca Seca Subdivision No.1 and No.2 with the signature block for Approval of the County Commissioners removed prior to the City Clerk signing the final plat, 16. Provide a revised Mosca Seca Subdivision Phase I final development plan reflecting the proper easements of twelve feet (12') unless otherwise conditioned within the Conditions of Development for RZ- 13-05 prior to the City Clerk signing the final plat. 17. 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 final plats of Mosca Seca Subdivision 1 & 2, prior to the issuance of any building permits. 18. 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. 19. 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. 20. The following setbacks and lot coverage requirements shall apply: Dimensional Standards by Product Type (see Condition 3.4.1.4 of the Conditions On Development within the Development Agreement for RZ- 13-05) Minimum street frontages for lots and setback distances for residential units shall comply with the requirements set forth in the below table: Page 5 of8 K:\Planning DepllEagle ApplicationsISUBS\2007\Mosca Seca Sub (Legacy) fp & fpud I &2 pzfdoc Setbacks Product Type Approx. Lot Size Frontage' Interior Street Front Rear Side' Side 8 ft from property line or back of sidewalk 5 ft3 Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft ]0 ft greater for living space; 20 ft for the garage ] 5 ft from living Patio 5,000-7,999 SF 30 ft space/ 20 ft from 10ft 5ft 20 ft garage Custom 8,000-] 1,999 SF 30 ft 20 ft 25 ft 5ft 20 ft 12,000-16,999 SF 30 ft 25 ft 25 ft 7.5 ft 20 ft Estate 17,000 SF + 35 ft 30 ft 30 ft 10ft 20 ft , The minimum street frontage for all flag lots is 20 feet. 2 Additional five feet per story setback for multi-story structures. 3 No setback applies to the interiors of connected dwelling units. The second story of any dwelling unit on a lot of less than 8,000 square feet shall not exceed 65% of the main floor's square footage, inclusive of the garage area. Patio homes located on corner lots (any street classification) are limited to a 25 foot maximum height. (Common area lots on corners do not extinguish this requirement for adjacent patio homes.) Patio homes located on other than corner lots may be two stories, but shared driveways should be incorporated to provide a variety of appearance. Townhouse groups are limited to five attached units. At least 50% of all dwelling units, 65% of all townhouses, and 50% of all patio homes shall abut open space. 21. All common area improvements within Mosca Seca Subdivision No. I and No.2 as specified on the approved landscape plan (DR-64-06) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the respective final plats for Mosca Seca Subdivision No. I and No.2 22. 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", 23. The applicant shall install at the entrances to Mosca Seca 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 Page 6 of8 K:\PIanning DeptlEagIe ApplicationsISUBS\2007\Mosca Seca Sub (Legacy) fp & fpud 1 &2 pzfdoc minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 24. 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). 25. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. 26. 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. CONCLUSIONS OF LAW: A. The application for this item was received by the City of Eagle on January 9,2007. Revised plans were received by the City on March 20, 2007. B. In accordance Eagle City Code Section 8-6-6-3(B) the Commission finds that the facts submitted with the application and presented to the Commission, with the conditions herein, establish that: 1. 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 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. Page 7 of8 K:\Planning DeptlEagle ApplicationslSUBSI2007IMosca Seca Sub (Legacy) fp & fpud I &2 pzf.doc DATED this 2nd day of April 2007. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Id~_ ~~ on lerce, ChaIrman ATTEST: ,.,........ /c~..'.., OF [:1....... ~ '\. ' r\ .. ,,, ........ I,. / . " ... -.. .~ #-:, I .- o~POR-1)>... ~ i 0 {t>~: :*. .~. : :, ...~ : l1li( : i \.~nSEALq",.....: i --.p -.0 '.-0 ~ \, )\ ..~~O.A1'i-".....~ ~ ~.. of 1'. ......... to'v ~." ~..........l: OF \~ ..... ................ ... Page 8 of8 K:\Planning DeptlEagle ApplicalionsISUBS\2007\Mosca Seca Sub (Legacy) fp & fpud I &2 pzfdoc