Findings - CC - 2013 - FPUD-03-12 & FP-05-12 - Fdp & Fp For The Preserve #1/17.95 Acre/46 Lot BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR THE PRESERVE SUBDIVISION )
NO. 1 FOR THE PRESERVE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-12 &FP-05-12
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 8, 2013. 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:
The Preserve, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
final development plan and final plat approval for The Preserve Subdivision No. 1, a 17.95-acre,
46-lot (40-buildable, 5-common, and 1-well lot) residential subdivision. The Preserve Planned
Unit Development is generally located 650-feet west of Linder Road and north of State Highway
44.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 19,2012.
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-11-041 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.
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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).
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 Eaglefied 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 of Eaglefield Estates 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-01-11).
On April 27, 2011, the Zoning Administrator approved a lot line adjustment to the final plat of
Eaglefield Estates No. 1, along the common side lot lines of Lots 6-7 and Lots 7-8, Block 1 (LLA-
02-11).
On August 9, 2011, the City Council approved a rezone from R-3-DA-P (Residential up to three
units per acre with a development agreement - PUD) and R-2-DA-P (Residential up to two unit
per acre with a development agreement-PUD)to R-4-DA-P (Residential up to four units per acre
with a development agreement-PUD) and R-3-DA-P (Residential up to three units per acre with
a development agreement-PUD) and a modification to the development agreement by amending
and restating the original development agreement (recorded as Instrument No. 106057136) and
development agreement modification (recorded as Instrument No. 109031309), for Coleman
Homes, LLC (RZ-01-11).
On August 9, 2011, the City Council approved a conditional use, preliminary development plan,
and preliminary plat for The Preserve Planned Unit Development for Coleman Homes, LLC (CU-
01-11/PPUD-01-1l, and PP-01-11).
On May 9, 2012, the City Council approved a final plat extension of time application for
Eaglefield Estates Subdivision No. 2 to be valid until April 12, 2013 (EXT-03-12).
On August 14, 2012, the City Council approved a final plat extension of time application for
Eaglefield Estates Subdivision No. 3 to be valid until July 12, 2013 (EXT-07-12).
On August 30, 2012, the Eaglefield Estates Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On August 30, 2012, the Eaglefield Estates Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
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D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 17, 2011, 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;
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 have reviewed the final development plan and final plat for
The Preserve Subdivision No. 1. The final plat date stamped by the City on November 19, 2012,
differs slightly from the phasing plan shown with the preliminary plat. The final plat shows four
(4) additional buildable lots located within this phase than the number of lots shown on the
approved preliminary plat, however, the approved lot configuration remains the same. The
approved preliminary plat also shows a common lot(lot 16,Block 1)extending adjacent to the rear
of the lots located adjacent to West Rotherham Drive. The final plat shows Lot 16, Block 1,
terminating halfway behind Lot 21,Block 1. If the common lot is terminated behind Lot 21,Block
1, Lots 22-24,Block 1,will have an undeveloped common lot located adjacent to the rear of those
lots until such time a future phase is completed. The applicant should be required to provide a
revised final plat showing the common lot(Lot 16,Block 1),extending to the western boundary of
Lot 24, Block 1. The common lot(Lot 16,Block 1), should be completed to the western boundary
of Lot 24, Block 1, or a surety should be provided as required by Eagle City Code, for the
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completion of the common lot prior to the City Clerk signing the final plat.
• Plat note #10 of the final plat date stamped by the City on November 19, 2012, indicates that Lot
2, Block 1, is a well lot to be owned and maintained by the City of Eagle. A well house for the
City of Eagle's municipal water system well is currently located at this location and the exterior of
the well house was never completed pursuant to the approved design review. The City of Eagle's
municipal water system well house(exterior finish) should be completed in conformance with DR-
66-06 prior to the City Clerk signing the final plat.
• The applicant provided draft Amended and Restated Declaration of Covenants, Conditions, and
Restrictions (CC&R's) for The Preserve Subdivision date stamped by the City on November 19,
2012. Pursuant to Condition of Development 3.7 of the executed development agreement
(Instrument No. 112085358) the CC&R's were to contain a provision that required all fencing
adjacent to common area (with the exception of pathway lots) to be open fencing constructed of
wrought iron or similar material. Also, the CC&R's were to contain language regarding the
number of times a single elevation/design can be used within the development and the proximity
of similar elevation/designs to each other. The draft CC&R's provided by the applicant do not
address the open fencing requirement or number of times a single elevation/design could be used
within the development. The applicant should be required to provide a revised draft of the
CC&R's which addresses Condition of Development 3.7 of the executed development agreement
(Instrument No. 112085358) in regard to the requirement of open style fencing to be located
adjacent to common area and language controlling the number of times a single elevation/design
can be used with the development. The draft copy of the CC&R's should be reviewed and
approved by staff 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 January 8, 2013. The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Grasser absent) to approve FPUD-03-12/FP-05-12 for a final
development plan and final plat for The Preserve Subdivision No. 1 with the following staff
recommended site specific conditions of approval with strike through text to be deleted by the
Council and 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-01-11 and PP-01-11.
3. Comply with the conditions of DR-66-06.
4. The applicant shall submit payment to the City for all engineering and legal review 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.
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6. The City of Eagle' municipal water system well house(exterior finish) shall be completed in
conformance with DR-66-06; or otherwise approved by a staff level design review, prior to
the City Clerk signing the final plat.
7. 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.
8. Provide a revised final plat showing the common lot (Lot 16, Block 1), cxtcnding to the
_• _ A -
to the western boundary of Lot 24, Block 1, or a surety shall be provided as required by
9. Provide a revised draft of the CC&R's which addresses Condition of Development 3.7 of
the executed development agreement (Instrument No. 112085358) in regard to the
requirement of open style fencing to be located adjacent to common area and language
controlling the number of times a single elevation/design can be used with the development.
The draft copy of the CC&R's shall be reviewed and approved by staff 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 The Preserve
Subdivision No. 1, prior to the issuance of any building permits.
11. All common area improvements within The Preserve Subdivision No. 1 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 The Preserve Subdivision No. 1 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.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on November 19, 2012.
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:
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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;
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 22nd day of January 2012.
CITY COUNCIL
OF THE CITY OF EAGLE
Ai• County,Idaho
Ames D.Reynolds,M./or
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