Findings - CC - 2011 - FPUD-01-11/FP-04-11 - Eaglefield Estates No 3/11.5 Acre/23 Lot BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR EAGLEFIELD ESTATES )
SUBDIVISION PHASE NO. 3 )
FOR COLEMAN HOMES,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-01-11 &FP-04-11
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 12, 2011. 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:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is
requesting final development plan and final plat approval for Eaglefield Estates No. 3, an 11.5-
acre, 23-lot (19-buildable, 4-common) 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. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 26, 2011.
C. HISTORY:
On January 24, 2006, the City Council approved an annexation and rezone from RR (Rural
Residential-Ada County Designation) to R-2-DA-P (Residential - two units per acre with a
development agreement— planned unit development), R-4-DA-P (Residential - four units per acre
with a development agreement—Planned Unit Development) and MU-DA-P(Mixed Use—with a
development agreement — Planned Unit Development), conditional use, preliminary development
plan, preliminary plat, and vacation of right-of-way approvals for Eaglefield Estates Planned Unit
Development for this site. The Development Agreement (Inst. #106057136) associated with RZ-
17-04 and planned unit development findings of fact and conclusions of law for the
aforementioned applications are incorporated herein by reference (A-11-04/ RZ-17-04/CU-10-
04/PPUD-3-04/PP-9-04/VAC-2-04).
On February 13, 2007, the City Council approved FPUD-03-06 & FP-10-06 (No. 1) & FPUD-4-
06 & FP-11-06 (No. 2) for a final development plan and final plats for Eaglefield Estates
Subdivision Phases No. 1 &No. 2,for Eaglefield,LLC.
On March 25, 2008, the City Council approved a modification to the development agreement
(Instrument #109031309) to modify the approved setbacks for the development and modify the
municipal water Memorandum of Agreement (MOA) to allow for the amendments to be made to
the MOA without a modification to the development agreement(RZ-17-04 MOD).
On May 16, 2008, the final plat for Eaglefield Estates Subdivision No. 1 was recorded at the Ada
County Recorder's Office.
On August 25, 2009, Eaglefield, LLC,represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates and Eaglefield Estates
II Subdivisions(EXT-13-09).
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On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates and Eaglefield Estates II Subdivisions to staff(EXT-13-09).
On August 10, 2010, the City Council approved a preliminary plat extension of time application
for Eaglefield Estates Subdivision to be valid until February 12, 2012(EXT-06-10).
On March 23, 2011, the City Council approved a vacation to the final plat for Eaglefield Estates
Subdivision No. 1, of the shared access/common driveway easements and utility easements
contained within Lots 3-13, Block 1; Lots 2-5, Block 2; Lots 1-4, 6-9, 18-21, and 23-26, Block 6
(VAC-02-10).
On March 23, 2011, the City Council approved modifications to the development agreement
(Instrument #106057136) and the modified development agreement (Instrument#109031309), to
amend a "Whereas" contained on page 2 of the original development agreement and modify the
"Conditions on Development"No. 2.1 and No. 2.2(RZ-17-04 MOD2).
On March 23, 2011, the City Council approved a combined preliminary plat/final plat for
Eaglefield Estates Subdivision No. 2 (a re-subdivision of Lots 2-5, Block 2 of Eaglefield Estates
Subdivision No. 1),for Coleman Homes,LLC(PP/FP-02-10).
On April 26, 2011, the City Council approved a vacation to the final plat for Eaglefield Estates
Subdivision No. 1, to remove the utility, drainage and irrigation easements along the common side
lot lines of Lots 6-7 and 7-8, Block 1,to satisfy a lot line adjustment(VAC-O1-11).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 14, 2006, 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;
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;
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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:
The City Engineer and Planning staff has reviewed the final development plan and final plat for
Eaglefield Estates Subdivision No. 3. This phase differs slightly from the original preliminary
development plan and preliminary plat in that it shows two (2) additional building lots located
adjacent to N. Tullshire Way. The applicant has submitted a rezone, conditional use permit,
preliminary development plan, and preliminary plat applications for The Preserve Planned Unit
Development which is a revision of the design for Eaglefield Estates Planned Unit Development.
The submitted final development plan and final plat for Eaglefield Estates Subdivision No. 3
matches The Preserve Planned Unit Development design. Although this will increase the number
of lots within the subject phase, it should be noted that if The Preserve Planned Unit Development
is not approved the two (2) additional lots will be removed from a future phase of the Eaglefield
Estates Planned Unit Development. The overall density is conditioned within the development
agreement and the number of buildable lots will not exceed that of the original approval for the
Eaglefield Estates Planned Unit Development.
The Eaglefield Estates Subdivision No. 3 final plat, date stamped by the City on May 26, 2011,
shows a minor redesign of the open space lots from the original preliminary development plan and
preliminary plat. The redesign provides additional open space and was not reviewed as part of the
original design review approval (DR-66-06). The additional open space is located south of Lot 5,
Block 18, and adjacent to North Stockhelm Way. This area will provide additional visibility at the
curve where North Stockhelm Way turns into North Tullshire Way. The final plat also shows an
open space connection to North Tullshire Way located between Lots 9 and 10, Block 18, in
alignment with the intersection of West Harker Street and North Tullshire Way. This will allow for
the construction of a future neighborhood pathway to provide connectivity within the open space
areas. The applicant should submit a design review modification application to be reviewed and
approved by the Design Review Board and City Council prior to the City Clerk signing the final
plat.
Currently West Escalante Drive(residential collector) provides the only access(from North Linder
Road) to the Eaglefield Estates Planned Unit Development. One of the issues with access to the
development that has recently been brought to the city's attention is that the owner of the adjacent
parcel to the east (Washington Federal Savings and Loan) has indicated they have dissolved the
right-of-way easement associated with North Escalante Drive. Washington Federal Savings and
Loan is now claiming that North Escalante Drive is now a private road and the lot owners within
Eaglefield Estates Subdivision do not have a right of access. With the approval of Eaglefield
Estates Subdivision No. 3 and construction of the interior streets a connection will be made to
West Harker Street which will provide access to the Eaglefield Estates Planned Unit Development
from North Linder Road through Cabra Creek Subdivision thus eliminating the need to utilize
North Escalante Drive for sole access.
Plat Note #5 of the Eaglefield Estates Subdivision No. 3 final plat, date stamped by the City on
May 26, 2011, describes that the setbacks shall be in accordance with the development agreement
for R2-17-04. The applicant should provide a revised final plat with plat note #5 referencing the
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rezone file number to read RZ-17-04 prior to the City Clerk signing the final plat.
Plat note#7 references that direct lot access to N. Golden Crown Way is prohibited. The applicant
is proposing to construct a swimming pool, pool house, and gazebos to be located on a common lot
adjacent to North Golden Crown Way(Lot 13, Block 15). So as to allow for access to the pool, the
applicant should provide a revised final plat with plat note #7 to read, "No residential lots shall
have direct lot access to N. Golden Crown Way." The revised final plat should be provided prior
to the City Clerk signing the final plat.
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 with the conditions recommended herein and that the final plat will
be in substantial requirements with the preliminary plat with the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on July 12, 2011. The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Huffaker absent) to approve FPUD-01-11/FP-04-11 for a final
development plan and final plat for Eaglefield Estates Subdivision Phase No. 3 with the following
staff 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.
2. Comply with all applicable conditions of RZ-17-04,RZ-17-04 MOD, and PP-09-04.
3. The applicant shall submit a design review modification application to be reviewed and
approved by the Design Review Board and City Council prior to the City Clerk signing the
final plat.
4. The applicant shall provide a revised final plat with plat note#5 referencing the rezone file
number as RZ-17-04 prior to the City Clerk signing the final plat.
5. The applicant shall provide a revised final plat with plat note#7 to read, "No residential lots
shall have direct lot access to N. Golden Crown Way."The revised final plat shall be
provided prior to the City Clerk signing the final plat.
6. The applicant shall submit payment to the City for all engineering review fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
7. The applicant shall submit payment to the City for all attorney fees incurred for this project,
prior to the City Clerk signing the final plat.
8. Provide an approval letter for construction of sewer improvements from 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
located 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 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 plat of Eaglefield Estates
Subdivision No. 3, prior to the issuance of any building permits.
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11. All common area improvements within Eaglefield Estates Subdivision No. 3 as specified on
the approved landscape plan(DR-66-06)and any subsequent modifications shall be
completed or a surety shall be provided as required by Eagle City Code prior to the City
Clerk signing the final plat.
12. 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.
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 Eaglefield Estates Subdivision No. 3 a 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 applicant shall provide a revised final plat showing Lot 10,Block 18, to be increased in
size approximately 800-1,000-square feet by increasing the depth of the lot at the western
boundary. The revised final plat shall be provided prior to the City Clerk signing the final
plat.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on May 26, 2011.
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 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 and setbacks as specifically
approved by the City will allow for a mix of housing types in accordance with the
Comprehensive Plan;
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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.
DATED this 21st day of July 2011.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
/mes D. Reynolds,Ma o
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