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Findings - CC - 2013 - FPUD-01-13/FP-03-13 - Mace River Ranch #1/56 Lot/77.69 Acre BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A FINAL DEVELOPMENT PLAN AND FINAL ) PLAT FOR MACE RIVER RANCH SUBDIVISION ) NO. 1 FOR GARDNER MACE COMPANY, LC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-01-13 & FP-03-13 The above-entitled final development plan and final plat applications came before the Eagle City Council for their action on June 11, 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: Gardner Mace Company, LC, represented by Weston Arnell, is requesting final development plan and final plat approval for Mace River Ranch Subdivision No. 1, a 56-lot (47-buildable, 9- common) residential development. The 77.69-acre site is located adjacent to the north side of Mace Road at the intersection of Mace Road and North Eagle Road(SH-55). B. APPLICATION SUBMITTAL: The application for this item was received by the City of Eagle on March 27,2013. C. HISTORY OF REVELANT PREVIOUS ACTIONS: On February 12, 2013, the City Council approved a rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat (RZ-05-12/CU-04- 12/PPUD-02-12/PP-04-12)for the Mace River Ranch Planned Unit Development. On January 10, 2013,the Design Review Board approved a design review application for the common area landscaping and club house for Mace River Ranch Subdivision(DR-62-12). D. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated February 26, 2013, 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; Page 1 of 4 K:\Planning Dept\Eagle Applications\SUBS\2013\Mace River Ranch Sub No.1 fp&feud ccf doc 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 has reviewed the final development plan and final plat for Mace River Ranch Subdivision No. 1. This phase differs slightly from the approved preliminary plat for this area of the development in lot quantity in that the number of buildable lots has been reduced from 64-lots to 47-lots and the number of common lots has been increased from seven (7) lots to nine (9) lots. The additional common lots were created by splitting two (2) of the existing common lots into separate lots. The area of open space will remain the same as approved with the preliminary plat. The reduction in the number of buildable lots was a result of the developer enlarging the size of the lots located adjacent to the southern boundary pursuant to Site Specific Condition #39 of the preliminary plat Findings of Fact and Conclusions of Law. • Plat note #2 on the final plat date stamped by the City on June 6, 2013, identifies the common lots located within the subdivision. The note does not identify Lot 26, Block 1, as a common lot. The applicant should provide a revised final plat with plat note #2 identifying Lot 26, Block 1, as a common lot 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) (as noted herein) with the conditions recommended herein and that the final plat will be in substantial conformance with the preliminary plat with the conditions herein. REVIEW BY THE COUNCIL: A review by the City Council was completed on June 11, 2013. 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-01-13/FP-03-13 for a final development plan and final plat for Mace River Ranch Subdivision No. 1 for Gardner Mace Company, LC, with the following staff recommended site specific conditions of approval. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of the City Engineer. 2. Comply with the conditions of FPDP-01-12 3. Comply with all applicable conditions of RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12. 4. Comply with the conditions of DR-62-12. Page 2 of 4 K:\Planning Dept\Eagle Applications\SUBS\2013\Mace River Ranch Sub No.1 fp&feud ccf doc 5. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing this project,prior to the City Clerk signing the final plat. 6. The applicant shall provide a revised final plat with plat note #2 identifying Lot 26, Block 1, as a common lot prior to the City Clerk signing the final plat. 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 ACRD approving the landscaping within the public rights-of way-abutting and within this site,prior to the City Clerk signing the final plat. 9. Provide a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the recorded final plat, and an 8 1/2" x 11" recorded copy of the final plat of Mace River Ranch Subdivision No. 1, prior to the issuance of any building permits. 10. All common area improvements shall be completed or a surety shall be provided as required by Eagle City Code, prior to the City Clerk signing the final plat. 11. 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." 12. The applicant shall install at the entrances to Mace River Ranch Subdivision No. 1, 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. 13. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. 14. 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. 15. 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. CONCLUSIONS OF LAW: A. The application for this item was received by the City of Eagle on March 27, 2013. 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. This phase of the 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; Page 3 of 4 K:\Planning Dept\Eagle Applications\SUBS\2013\Mace River Ranch Sub No.1 fp&feud ccf doc 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. DATED this 25th day of June, 2013. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho ,'4�'� 0. es D. Reynolds,Mayor/ ATTEST: Sharon K. Bergmann,Eagle City Clerk Page 4 of 4 K:\Planning Dept\Eagle Applications\SUBS\2013\Mace River Ranch Sub No.1 fp&feud ccf doc