Findings - CC - 2020 - FPUD-02-20 & FP-02-20 - Wild Rose Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR WILD ROSE SUBDIVISION )
FOR ROOSEVELT CORNER,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-20& FP-02-20
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 12, 2020. 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:
Roosevelt Corner, LLC, represented by Marty Camberlango, is requesting final development plan and
final plat approvals for Wild Rose Subdivision, a 12-lot (9-buildable, 3-common), residential
subdivision.The 3.3-acre site is located on the south side of East Hill Road approximately 535-feet east
of the intersection of North Edgewood Lane and East Hill Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 5,2020.Revised submittal
information was provided to the City on April 20, 2020, and May 1, 2020.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On April 23, 2019,the City Council approved a conditional use permit, preliminary development plan
and preliminary plat for Wild Rose Subdivision,a 12-lot(9 residential, 3 common)residential planned
unit development(CU-06-18/PPUD-04-18/PP-10-18).
On February 25, 2020, the City Council approved a design review application for the common area
open space and landscaping within Wild Rose Subdivision(DR-85-19).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 14,2019, 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;
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT
(based on the final plat, date stamped by the City on February 5, 2020):
• Plat note #2 of the final plat states, "Building setbacks and dimensional standards in this subdivision
shall be in compliance with the City of Eagle standards for the applicable zoning regulations in effect
at the time of building."
The applicant requested reduced setbacks based on the dimensional standards of the lots, based on that
request the City Council approved reduced setbacks associated with the subdivision. Site Specific
Condition of Approval #19, requires the applicant to provide a revised preliminary plat with the plat
note referencing setbacks be revised to state, "Minimum building setback lines shall be in accordance
with the City of Eagle Zoning Ordinance or as specifically approved."The applicant should be required
to provide a revised final plat with plat note#2 revised to state"Minimum building setback lines shall
be in accordance with the City of Eagle Zoning Ordinance or as specifically approved." The revised
final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #7 of the final plat states, "Lot 11, Block 1, is a private lane common lot to be owned and
maintained by the Wild Rose Subdivision Homeowner's Association, or its assigns and has a blanket
easement for public access, public utilities, lot drainage and irrigation."
Site Specific Condition of Approval #14, requires the applicant to provide a revised preliminary plat
with plat note #1 revised to state, "All lots within the subdivision shall have the perpetual right of
ingress and egress over the private street located within Lot 11,Block 1 (based on re-numbering). Plat
note#14 should be revised to state, "The private street located within Lot 11, Block 1, shall be owned
and maintained by the homeowner's association and the restrictive covenant for maintenance of the
private street cannot be modified and the homeowner's association or other entity cannot be dissolved
without the express consent of the City." The revised preliminary plat shall contain a new plat note
which states, "The perpetual easement for ingress and egress on Lot 11, Block 1, shall run with the
land."
Although plat note#7 of the final plat references that Lot 11, Block 1, contains a blanket easement for
access and the lot will be owned and maintained by the homeowner's association, as written,the plat
note does not properly address the required plat notes associated with private roads. Pursuant to Eagle
City Code Section 9-3-2-5(C)(2), the private street notes on the plat should address the following: a)
Act to convey to each lot owner within the subdivision to be served by the private street the perpetual
right of ingress and egress over the described private street; b) Provide that such perpetual easement
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shall run with the land;and c)Provide that the restrictive covenant for maintenance of the private street
cannot be modified and the homeowners'/property owners' association or other entity cannot be
dissolved without the express consent of the city.
The applicant should be required to provide a revised final plat with plat note#7 revised to state, "All
lots within the subdivision shall have the perpetual right of ingress and egress over the private street
located within Lot 11, Block 1. The private street shall be owned and maintained by the homeowner's
association and the restrictive covenant for maintenance of the private street cannot be modified and
the homeowner's association or other entity cannot be dissolved with the express consent of the City.
The perpetual easement for ingress and egress on Lot 11,Block 1,shall run with the land.Lot 11,Block
1, shall have a blanket public utility, drainage, and irrigation easement." The revised final plat should
be provided prior to the City Clerk signing the final plat.
• The City Engineer and Planning staff have reviewed the final development plan and final plat.The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. The final development plan and final plat are in substantial
compliance with the preliminary development plan and preliminary plat with the conditions
recommended herein.
• 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 compliance with the preliminary plat pursuant to the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 12, 2020. 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-02-20 & FP-02-20 for a final development plan and final plat
for Wild Rose Subdivision for Roosevelt Corner, LLC, with the following site specific conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of CU-06-18/PPUD-04-18/PP-10-18.
3. Comply with the conditions of DR-85-19.
4. 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 and/or upon receipt of an invoice by the City,
whichever occurs first.
5. Provide a revised final plat with plat note#2 revised to state"Minimum building setback lines shall be
in accordance with the City of Eagle Zoning Ordinance or as specifically approved." 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#7 revised to state,"All lots within the subdivision shall have
the perpetual right of ingress and egress over the private street located within Lot 11, Block 1. The
private street shall be owned and maintained by the homeowner's association and the restrictive
covenant for maintenance of the private street cannot be modified and the homeowner's association or
other entity cannot be dissolved with the express consent of the City.The perpetual easement for ingress
and egress on Lot 11, Block 1, shall run with the land. Lot 11, Block 1, shall have a blanket public
utility, drainage, and irrigation easement." The revised final plat shall be provided prior to the City
Clerk signing the final plat.
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7. The following setbacks and lot coverage requirements shall apply:
Front 20-feet
Rear 20-feet
Side 5-feet
Street Side Not Applicable
Maximum Coverage 40%The residential dwellings shall be single-story(25-feet maximum height).
8. All common area improvements within Wild Rose Subdivision as specified on the approved landscape
plan(DR-85-19) shall be completed or a surety shall be provided as required by Eagle City Code prior
to the City Clerk signing the final plat.
9. The developer shall provide 2-inch minimum caliper shade-class trees as shown on the approved
landscape plan. Prior to the City Clerk signing the final plat, the applicant shall either install the
required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost of the
installation of all landscape and irrigation improvements. Trees shall be installed prior to obtaining any
occupancy permits for the homes. A temporary occupancy may be issued if weather does not permit
landscaping. Partial reduction of the surety may be permitted for any portion of the development that
is completed, including street trees that have been installed. On-going surety for street trees for all
undeveloped portions of the development will be required through project completion.
10. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
11. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACRD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings,the City will issue
a"notice to proceed with construction" letter to the applicant's designated representative.
12. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,prior to
the issuance of a"notice to proceed with construction"letter to the project engineer.
13. The applicant shall provide approved construction drawings from Eagle Water Company prior to the
issuance of a"notice to proceed with construction" letter to the project engineer.
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 applicant shall install at the entrances to Wild Rose 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 minimum of 3-feet
above the ground)noticing the contractors to clean up daily, no loud music, and no dogs off leash.
16. 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".
17. 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.
18. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
19. The applicant shall provide an approval letter for completion of the potable water system improvements
from Eagle Water Company prior to the City Clerk signing the final plat.
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20. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
21. Provide a copy of the recorded CC&Rs 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 Wild Rose Subdivision,prior to the issuance
of any building permits.
22. All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open-style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing(i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be open-style and limited to four-feet(4') in height.
CONCLUSIONS OF LAW:
A. 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;
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 smaller lot sizes and reduced setbacks as specifically approved by the City
will allow for a mix of housing types in the general area 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.
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DATED this 26th day of May 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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Jason Pierce,Mayor
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