Findings - CC - 2013 - FPUD-04-13 & FP-13-13 - Fdp/Fp For 10.48 Acre/36 Lot/5001 & 5025 W. State Street BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR HCR/LEVEL 3 SUBDIVISION NO. 1 )
FOR LEVEL 3 DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-13 & FP-13-13
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on September 24, 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:
Level 3 Development, LLC, represented by Jason Densmer, P.E., with the Land Group Inc., is
requesting final development plan and final plat approval for HCR/Level 3 Subdivision Phase 1, a
10.48-acre, 36-lot (30-buildable, 6-common) residential subdivision. The HCR/Level 3 Planned
Unit Development is generally located on the south side of West State Street (SH-44)
approximately 650-feet west of the intersection of West State Street (SH-44) and North Linder
Road at 5001 and 5025 West State Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on July 29, 2013.
C. HISTORY:
On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition — Ada County Designation) to R-4-DA-P (Residential - four units per acre with a
development agreement—planned unit development), R-4-DA-P (Residential - four units per acre
with a development agreement - PUD), conditional use, preliminary development plan, and
preliminary plat, for HCR/Level 3 Planned Unit Development for this site. (A-04-12/ RZ-06-
12/CU-05-12/PPUD-03-12/PP-04-12)
On July 25, 2013, the Design Review Board approved a design review application for the common
area landscaping for HCR/Level 3 Subdivision for Home Capital Resources. (DR-30-13)
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 14, 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;
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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 applicant is requesting a revision to the existing approved HCR/Level 3 Subdivision
preliminary plat. The originally approved HCR/Level 3 Subdivision was approved as a single
phase and consisted of 55-lots (45-buildable, 10-common) contained within 16.26-acres. The
applicant is proposing to phase the preliminary plat into two(2) separate phases. The first phase of
HCR/Level 3 Subdivision will consist of 36-lots (30-buildable, 6-common) contained within
10.48-acres.
• The applicant is requesting approval of final development plan and final plat for HCR/Level 3
Subdivision No. 1. The City Engineer and Planning staff have reviewed the final development
plan and final plat for HCR/Level 3 Subdivision No. 1. The lot configuration shown on final plat
date stamped by the City on July 29, 2013, differs slightly from the preliminary plat in the area of
two (2) of the common lots have been reduced in size. The two (2) common lots reduced in size
were previously shown to contain storm water drainage facilities to serve the proposed
subdivision. The applicant is proposing to construct temporary storm water drainage facilities in an
area of the site that will contain future buildable lots until such time an off-site pond will be
brought online to serve as the storm water drainage facility and provide water for the pressurized
irrigation system. The area where the off-site pond is to be located is currently located outside of
an area located within the municipal city limits. The applicant has received tentative approval from
Ada County Development Services for an accessory use, temporary use, and floodplain permit to
allow for the construction of the off-site pond. During construction of the second phase of the
development the applicant will be required to bring the pond online for storm water. Although the
common lot area has been slightly reduced the amount of remaining open space areas still exceeds
the minimum open space requirement of 20% for planned unit developments. Also, since the
storm water drainage facilities are no longer proposed to be located within the common lots those
areas will be utilized to create more active open space area for the residents of the subdivision.
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• Site specific condition of approval #5 of the approved preliminary plat required that the applicant
provide a revised preliminary plat with a plat note referencing easements to read, "All front and
rear lot lines shall have a 12-foot wide public utilities and pressurized irrigation easement. All
interior side yard lot lines shall have public utilities, drainageway, and pressurized irrigation total
easement width of 10-feet". The revised preliminary plat was to be provided prior to the submittal
of a final plat application. The applicant's representative provided a narrative, date stamped by the
City on July 29, 2013, which indicated that the revised preliminary plat was provided prior to the
final plat submittal. The applicant did provide a preliminary plat, date stamped by the City on July
29, 2013, with the final plat application. The preliminary plat provided at the time of final plat
submittal does not contain any plat notes or delineate the public utility, drainageway, and
pressurized irrigation easements. Plat note #1 on the final plat, date stamped by the City on July
29, 2013, indicates that, "A permanent easement is hereby reserved adjacent to all lot lines
common to the public right-of-way for public utilities, drainage, and pressurized irrigation. Unless
shown otherwise the easement shall be ten (10) feet contiguous to and parallel with public road
right-of-way". Pursuant to Eagle City Code Section 9-3-6, utility and drainageway easements are
required adjacent to front, rear, and side lot lines. Plat note #3 on the final plat, date stamped by
the City on July 29, 2013, indicates that, "A ten (10) foot wide permanent public utilities,
irrigation and drainage easement shall be provided adjacent to and parallel with all interior rear
yard lot lines and along the exterior boundaries of the subdivision". The applicant should provide a
revised final plat with plat notes #1 and #3 revised to reflect the required 12-foot width for public
utility, drainage, and pressurized irrigation easement. The applicant should provide a revised final
plat prior to the City Clerk signing the final plat.
• Plat note #5 of the final plat indicates that, "Building setbacks shall conform to the applicable
zoning regulations of the City of Eagle and specific requirements of the development agreement
(on file as instrument number , records of Ada County) at the time of issuance of a
building permit." The development agreement (on file as instrument #113103019, records of Ada
County) does not contain a condition of development establishing the building setbacks associated
with the project. The applicant requested a reduction of the required setbacks as part of the
planned unit development and the reduction of setbacks was approved. The reduced setbacks for
the development are identified in the Site Specific Conditions of Approval of the preliminary plat
not within the executed development agreement. Plat note #10 of the preliminary plat, date
stamped by the City on July 29, 2013, indicates that, "Minimum building setbacks shall be in
accordance with the City of Eagle applicable zoning and subdivision regulations at the time of
issuance of individual building permits or as specifically approved and/or required, or as shown on
this plat". Standard condition of approval #21 requires that the applicant shall place a note on the
face of the plat which states, "Minimum building setback lines shall be in accordance with the
applicable zoning and subdivision regulations at the time of issuance of the building permit or as
specifically approved and/or required". The applicant should provide a revised final plat with plat
note #5 revised to read, "Minimum building setback lines shall be in accordance with the
applicable zoning and subdivision regulations at the time of issuance of the building permit or as
specifically approved and/or required". The revised final plat should be provided prior to the City
Clerk signing the final plat.
• The final plat, date stamped by the City on July 29, 2013, shows the name of the subdivision as
HCR/Level 3 Subdivision Phase 1. Plat notes #7 and #13 references the Riverwalk Subdivision
Owner's Association in regard to the assessments for the water associated with the irrigation
system and the maintenance of the pressurized irrigation system respectively. The two (2) plat
notes and the CC&R's reference the Riverwalk name however, the title block of the plat does not
reference Riverwalk. The applicant should provide a revised final plat with the name "Riverwalk
Subdivision Owner's Association" removed from plat notes #7 and #13 and "Homeowner's
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Association added to the respective notes. The revised final plat should be provided prior to the
City Clerk signing the final plat.
• Plat note #12 of the final plat, date stamped by the City on July 29, 2013, indicates that the
residential lots located within the subdivision will be provided with sanitary sewer and water
service by the City of Eagle. Upon completion and acceptance of the sanitary sewer services by the
Eagle Sewer District the District will be providing sanitary sewer service to the subdivision. The
applicant should provide a revised final plat with plat note#12 revised to read, "All residential lots
within this subdivision will be provided with sanitary sewer service from the Eagle Sewer District
and water service by City of Eagle Municipal Water System". The revised final plat should be
provided prior to the City Clerk signing the final plat.
• The applicant provided a final plat, date stamped by the City on July 29, 2013, showing the street
names identified by alphabetical letters. The applicant has received approval from the Ada County
Street Name Committee of street names for the streets to be located within the development. The
applicant should provide a revised final plat showing the Ada County Street Name Committee
approved street names prior to the City Engineer signing the final plat.
• Condition of Development #3.4 (c) requires that a provision regarding in the event the CC&R's
are less restrictive that government regulations that the government regulations shall apply and be
placed within the CC&R's. During the review of the CC&R's staff did not find the required
language contained within the document. The applicant should be required to provide a revised
copy of the CC&R's with the following language included:
"In the event any of the CC&R's are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and
ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC&R's unlawful, then in such
event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance."
The revised CC&R's should be provided prior to the City Clerk signing the final plat.
• Condition of Development#3.7 requires the applicant to provide and construct a minimum 10-foot
wide asphalt pathway to be located within a 25-foot wide easement to be located within the
common lot located adjacent to the southern boundary of the development. The submitted phase of
the development contains approximately 438-feet of property line which will be located adjacent
to the common lot which will contain the required pathway. The applicant is not proposing to
construct the common lot associated with the pathway with this phase. The applicant provided
supplementary information, date stamped by the City on August 30, 2013, to provide justification
as to why they are not proposing to construct the common lot and required pathway with this
phase. Staff will defer to the City Council regarding the timing of platted the common lot and
constructing the required pathway.
• 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 September 24, 2013. The Council made their
decision at that time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 3 to 0 (Butler absent) to approve FPUD-04-13/FP-13-13 for a final
development plan and final plat for HCR/Level 3 Subdivision No. 1 for Level 3 Development,
LLC, 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-06-12 and PP-04-12.
3. Comply with the conditions of DR-30-13.
4. The applicant shall provide an approval letter from the City of Eagle Lead Water Operator
prior to the commencement of construction.
5. Provide a revised final plat with plat note #1 revised to read, "A permanent easement is
hereby reserved adjacent to all lot lines common to the public right-of-way for public
utilities, drainage, and pressurized irrigation. Unless shown otherwise the easement shall be
12-feet in width contiguous to and parallel with public road right-of-way". The revised final
plat shall be provided prior to the City Clerk signing the final plat.
6. Provide a revised final plat with plat note #3 revised to read, "A 12-foot wide permanent
public utilities, irrigation and drainage easement shall be provided adjacent to and parallel
with all interior rear yard lot lines and along the exterior boundaries of the subdivision". The
revised final plat shall be provided prior to the City Clerk signing the final plat.
7. Provide a revised final plat with plat note #5 revised to read, "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the
time of issuance of the building permit or as specifically approved and/or required". The
revised final plat shall be provided prior to the City Clerk signing the final plat.
8. Provide a revised final plat with the name "Riverwalk Subdivision Owner's Association"
removed from plat notes#7 and#13 and"Homeowner's Association added to the respective
notes. The revised final plat shall be provided prior to the City Clerk signing the final plat.
9. Provide a revised final plat with plat note #12 revised to read, "All residential lots within
this subdivision will be provided with sanitary sewer service from the Eagle Sewer District
and water service by City of Eagle Municipal Water System". The revised final plat shall be
provided prior to the City Clerk signing the final plat.
10. The applicant shall provide a revised final plat showing the Ada County Street Name
Committee approved street names prior to the City Engineer signing the final plat.
11. The required setbacks shall be as follows:
Front 20 feet/25 feet Garage(front-load)
Rear 20 feet
Interior Side 5 feet
Additional Setback for
Multi-story structures 2.5 feet per story
Street Side 20 feet
Minimum Lot Frontage 35-feet(Lot 7,Block 1, shall be 20-feet)
12. 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.
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13. 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.
14. Provide a revised copy of the CC&R's with the following language included:
"In the event any of the CC&R's are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. The CC&R's are subject to all rules, regulations, laws and
ordinances of all applicable government bodies. In the event a governmental rule,
regulation, law or ordinance would render a part of the CC&R's unlawful, then in such
event that portion shall be deemed to be amended to comply with the applicable rule,
regulation, law or ordinance."
The revised CC&R's shall be provided 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 11" recorded copy of the final plat of HCR/Level 3
Subdivision No. 1, prior to the issuance of any building permits.
16. All common area improvements within HCR/Level 3 Subdivision No. 1, as specified on the
approved landscape plan (DR-30-13) 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.
17. Provide an approval letter for the requirements of all drainage district and irrigation districts
prior to the City Clerk signing the final plat.
18. 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".
19. The applicant shall install at the entrance to HCR/Level 3 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.
20. 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.
21. The applicant shall construct a 10-foot regional pathway located within a 20-foot wide
easement located adjacent to the southern boundary of the site associated with the
preliminary plat. The 20-foot wide easement shall be dedicated to the City of Eagle. The
pathway shall be covered in crushed cinders and signs shall be placed on both sides of the
pathway indicating "Pathway Will Be Paved In The Future." The pathway shall be
constructed 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 July 29, 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;
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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.
DATED this 8th day of October,2013.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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