Findings - CC - 2014 - FPUD-04-14/FP-13-14 - Foxglove Estates Subd #1/24 Lot/7.98 Acre BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR FOXGLOVE ESTATES SUBDIVISION )
NO. 1 FOR LINDER 17 INVESTMENT,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-14/FP-13-14
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on September 9, 2014. 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:
Linder 17 Investment, LLC, represented by John Rennison with Rennison Engineering, is
requesting final development plan and final plat approvals for Foxglove Estates Subdivision No. 1,
a 24-lot (21-buildable, 3-common) residential subdivision. The 7.98-acre site is generally located
at the northwest corner of North Linder Road and West Saguaro Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 16, 2014.
C. HISTORY:
On August 8, 2006, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat (A-09-
05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06)for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat FPUD-
01-07/FP-01-07/FP-02-07, for Mosca Seca Subdivision Phases No. 1 &No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD)to the development agreement to provide a
time schedule for the build-out of the Academy Core area located within Mosca Seca Subdivision
(located within the Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of
Development and associated exhibits (RZ-13-05 MOD 2) within the development agreement to
address the percentage of allowable second story square footage in relationship to the first floor for
homes located on lots less than 8,000-square feet in size, the provisions of private roads,
construction flooring material for attached single-family dwellings, and the Memorandum of
Agreement regarding the on-site municipal water system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT-12-09) for the
preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25, 2010.
On November 9, 2010, the City Council approved an extension of time (EXT-07-10) for the
preliminary plat for Mosca Seca Subdivision(PP-01-06)to be valid until August 25, 2011.
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On September 13, 2011, the City Council approved an extension of time (EXT-06-11) for the
preliminary plat for Mosca Seca Subdivision (PP-01-06)to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the
allowed density, modify the open space by removing the requirement to construct the sports
academies, and address the condition of development regarding a school site.
On August 14, 2012, the City Council approved the final development plan and final plat FPUD-
01-12/FP-01-12, for Snoqualmie Falls Subdivision No. 1.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the
Ada County Recorder's office.
On January 8, 2013, the City Council approved the final development plan and final plat FPUD-
02-12/FP-04-12,for Snoqualmie Falls Subdivision No. 2.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved the final development plan and final plat FPUD-02-
13/FP-06-13, for Snoqualmie Falls Subdivision No. 3.
On November 12, 2013, the City Council approved the conditional use, preliminary development
plan, and preliminary plat CU-04-13/PPUD-04-13/PP-06-13, for Foxglove Estates Subdivision.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 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;
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
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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 submitted final development plan, date stamped by the City on May 16, 2014, is not
consistent with the preliminary development plan. An irrigation/storm drainage pond is
proposed within a common lot due to irrigation issues related to delivery of the irrigation
water. The addition of the irrigation/storm drain pond has altered the configuration of the
surrounding lots. The applicant is proposing to construct the irrigation/storm drainage
pond with phase one of development. The addition of the irrigation/storm drainage pond
has not changed the number of buildable lots.
Because the irrigation/storm drainage pond is located within a future phase of the
development, the applicant should be required to provide an easement to fully encompass
the pond and a 30-foot maintenance perimeter, as well as an access easement to the pond
from the proposed terminus of Saguaro Drive. Therefore, the applicant should provide an
easement to fully encompass the offsite irrigation/storm drainage pond with a 30-foot wide
maintenance perimeter, as well as an access easement to the pond from the proposed
terminus of Saguaro Drive. The applicant should be required to provide the recorded
easement prior to signature of the final plat.
• The submitted final plat, date stamped by the City on May 16, 2014, did not address Site
Specific Condition #20 of the preliminary plat which required the applicant to add a note
to the final plat which states that, "The pressurized irrigation system and all common lots
are to be owned and maintained by the Homeowner's Association." The applicant should
provide a revised final plat with a new plat note added to read, "The pressurized irrigation
system and all common lots are to be owned and maintained by the Homeowner's
Association." The revised final plat should be provided prior to the City Clerk signing the
final plat.
• The submitted final development plan, date stamped by the City on May 16, 2014, did not
identify the "Blocks." The applicant should be required to submit a revised final
development plan identifying all "Blocks" within the development. The revised final
development plan should be provided prior to signature of the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on September 9, 2014. 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-04-14/FP-13-14 for a final development plan and final
plat for Foxglove Estates Subdivision No. 1 for Linder 17 Investment, LLC, 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 all applicable conditions of RZ-13-05/PPUD-04-13/PP-06-13.
3. Comply with the conditions of DR-31-13 MOD.
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.
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5. The applicant shall not construct any storm drainage or roadway facilities until the City has
received a copy of the ACHD 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"to the project engineer.
6. Provide an easement to fully encompass the offsite irrigation/storm drainage pond with a 30-foot
wide maintenance perimeter, as well as an access easement to the pond from the proposed
terminus of Saguaro Drive. The recorded easement shall be provided prior to signature of the final
plat.
7. Provide a revised final plat with Plat Note#6 to read, "Lot 1, Block 1 and Lots 1 and 7, Block 2."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. Provide a revised final plat with a new plat note added to read, "The pressurized irrigation system
and all common lots are to be owned and maintained by the Homeowner's Association." The
revised final plat shall be provided prior to the City Clerk signing the final plat.
9. The applicant shall be required to submit a revised final development plan identifying all "Blocks"
within the development. The revised final development plan shall be provided prior to the
signature of the final plat.
10. Provide an approval letter for construction of sewer improvements from the Eagle Sewer District,
prior to the City's issuance of the"notice to proceed with construction"to the project engineer.
11. Provide a license agreement from ACHD approving the landscaping located with the public right-
of-ways prior to the City Clerking signing the final plat.
12. The applicant shall provide a public access easement from ACHD approving the sidewalk located
on the lots prior to the City Clerk signing the final plat.
13. 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.
14. 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 plats of Foxglove Estates
Subdivision No. 1,prior to the issuance of any building permits.
15. All common area improvements within Foxglove Estates Subdivision No. 1, as specified on the
approved landscape plan (DR-31-13 MOD) 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.
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 install at the entrances to Foxglove Estates 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.
18. Provide an approval letter for the requirements of all drainage district and irrigation districts prior
to the City Clerk signing the final plat.
19. 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
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site shall be submitted prior to the issuance of any building permits for the site.
20. All overhead utilities serving the site shall be located underground.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on May 16, 2014.
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;
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 23rd day of September, 2014.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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