Findings - 2007 - FPUD-01-07/FP-01-07(No 1)/FP-02-07(no 2) - Mosca Seca Subd No 1/127 acre/123 lot/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER 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 City Council
for their action on August 28, 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:
Idaho Development Services, LLC, Represented by Stanley Consultants, is requesting final
development plan and final plat approval for Mosca Seca Subdivision No. I, a I 27-acre, l23-lot
(92-buildable, 3 I -common) residential subdivision and Mosca Seca Subdivision No.2, a 51-acre,
I 62-lot (I 50-buildable, ll-commom, I-well lot) residential subdivision. The I 78-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-13-05IPP-l-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. APPLICATION SUBMITTAL:
The applications for these items were received by the City of Eagle on January 9, 2007. Revised
plans were received by the City on March 20, 2007.
D. PRELIMINARY PUDIPLA T 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 Commission shall find that the facts submitted with the application and presented to them
estab Iish that:
1. 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;
Page 1 of8
K:\Planning DeptlEagle ApplicationslSUBSl2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.doc
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
substantial compatibility with the proposed development;
7. The PUD is in general conformance with the Comprehensive Plan; and nonresidential uses
proposed.
F. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (C):
Upon granting or denying the application, the Council shall specifY:
a. The ordinance and standards used in evaluation the application;
b. The reasons for approval or denial; and
c. 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 plats for
Mosca Seca Subdivisions NO.1 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 #5 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
Page 2 of8
K:\Planning Dept\Eagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.doc
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.
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 # I 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.
1 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-13-05, 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 Band C (as noted for No.1 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. 1 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 1 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 DeptlEagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.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-OI-07/FP-OI-07/ 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 staff recommended site specific conditions of approval
provided within their findings of fact and conclusions oflaw document dated April 2, 2007.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 28,2007. 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-O 1-07/FP-0 I -07/ 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 Planning and Zoning Commission recommended site specific
conditions of approval with underline text to be added by the Council.
SITE SPECIFIC CONDITIONS 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-13-05/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. 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.
8. Provide a revised final plat for Mosca Seca Subdivision NO.1 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.
9. Provide a revised final 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.
10. 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.
Page 4 of8
K:\Planning DeptlEagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.doc
II. 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.
12. 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.
13. 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.
14. 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- I 3-05 prior to the City Clerk signing the final plat.
15. 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 I I" recorded copy of the final plats of Mosca Seca
Subdivision I & 2, prior to the issuance of any building permits.
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 Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
17. 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.
18. 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 of 8
K:\Planning Dept\Eagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.doc
Setbacks
Product Type Approx. Lot Size Frontage' Interior Street
Front Rear Side' Side
8 ft from property
line or back of
sidewalk 5 ftJ
Townhouse 3,800-4,999 SF 30 ft whichever is 10 ft 10 ft
greater for living
space; 20 ft for
the garage
Patio 15 ft from living
5,000-7,999 SF 30 ft space/ 20 ft from 10 ft 5ft 20 ft
garage
Custom 8,000-11,999 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.
J 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 ofthe garage area.
Patio homes located on corner lots (any street classification) are limited to a 25 foot
maximum height. (Common area lots on comers 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.
19. 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
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 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:\Planning DeptlEagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccf.doc
minimum ofJ-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 constTUcted of wrought iron or
similar material approved by the Eagle Design Review Board (DR-64-06).
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 "Digline" has performed an inspection of
the site shall be submitted prior to the issuance of any building permits for the site.
25. Notes I. 2. and 3 designate easements along lot lines on the Mosca Seca Subdivision NO.2
Final Plat. Said notes shall be modified or an additional note shall be added to the plat which
states that the easements designated on the plat do not apply to the lot lines of Lot 145. Block 6.
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 Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
1. The first phase of development wi\1 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 wi\1
not be detrimental to present and potential surrounding uses, but wi\1 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 wi\1 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 wi\1 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 wi\1 serve the development.o
Page 7 of8
K:\Planning DeptlEagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp 1 &2 ccf.doc
DA TED this 1 ith day of September, 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
~q ~0e~
Sharon . Bergmann, Eagle City C erk
"",.........
.."" ~ 0 F b.....
~, ~ ~ <;;-1'
..' ,.., ......... Q '.
,:v.. ..'(~
! .""oy..POIt"f~\~ ~~
=*! (to, :
: . ....., : .
: \... .. :
~ \I> .."'nSEAL ,,-} :
~.;..o.. '''.- lit
~ .4 :..:flt A 1f..~.. .:t;.. 0 .....~
,,#. f.,. .... ,~,"
'.."f 0 F \ U ~",...,
""u.n,I'"
Page 8 of8
K:\Planning DeptlEagle Applications\SUBSI2007\Mosca Seca Sub (Legacy) fpud & fp I &2 ccfdoc