Findings - CC - 2014 - FPUD-05-14/FP-14-14 - Wycliffe Estates Subdivision/48 Lot/14.93 Acre/ BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR WYCLIFFE ESTATES SUBDIVISION )
FOR NORTHSIDE MANAGEMENT )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-05-14 & FP-14-14
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 26, 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:
Northside Management, represented by Scott Noriyuki, is requesting final development plan and
final plat approvals for WyCliffe Estates Subdivision, a 48-lot (42 buildable, 6 common)
residential subdivision. The 14.93-acre site is generally located on the northwest corner of N.
Echohawk Way and E. Mariposa Drive.
B. APPLICATION SUBMITTAL:
The applications for this item was received by the City of Eagle on May 20, 2014.
C. HISTORY:
On June 26, 2001,the City Council approved a preliminary plat for Arbor Ridge Subdivision(PP-
10-00)(aka Ringo Ridge Estates Subdivision).
On August 28, 2001,the City Council approved a design review for the common area landscaping
within Arbor Ridge Subdivision Phase I(DR-34-01) (aka Ringo Ridge Estates Subdivision).
On September 18, 2001,the City Council approved a final plat for Ringo Ridge Estates
Subdivision No. 1 (FP-18-01) (formerly Arbor Ridge Subdivision).
On March 18,2005,the City Council approved a final plat for Ringo Ridge Estates Subdivision
No. 2 (FP-09-04).
On June 28, 2005,the City Council approved the design review application for the common area
landscaping within Ringo Ridge Subdivision No. 2 (DR-47-05).
On December 13, 2005,the City Council approved the"Ringo Ridge Subdivision Agreement"
between the City and P.O. Ventures, Inc. The agreement outlined the terms and conditions
required for the completion of phase II.
On June 27, 2006,the City Council executed an"Amendment to the Ringo Ridge Subdivision
Agreement". The amendment, in part, extended the completion of improvements deadline to
August 15, 2006.
On March 13, 2007,the City Council approved the"Memorandum of Agreement RE: Cash
Deposit As Security For Performance"between the City and P.O. Ventures, Inc.
On July 24, 2007,the City Council approved the final plat for Ringo Ridge Estates No. 3 (FP-09-
06).
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On July 8, 2008,the City Council approved an extension of time for the Arbor Ridge Subdivision
(aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July 24, 2009 (EXT-08-
08).
On February 9,2010,the City Council approved an extension of time for Arbor Ridge Subdivision
(aka Ringo Ridge Estates Subdivision)preliminary plat to be valid until July 24, 2010(EXT-09-
09).
On March 25, 2014,the City Council approved conditional use permit, preliminary development
plan, and preliminary plat applications for WyCliffe Estates Planned Unit Development(CU-09-
13/PPUD-08-13/PP-15-13).
On June 12, 2014,the Design Review Board approved a design review application for the
common area landscaping for WyCliffe Estates Subdivision(DR-26-14).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated April 8, 2014, 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 has 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
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preliminary development plan and preliminary plat.
• The signature block for approval by the City Engineer shown on Page 4 of 4, of the final plat, date
stamped by the City on May 20, 2014, has incorrect language shown. The applicant should be
required to provide a revised final plat with the Certificate of City Engineer signature block
revised to read as follows:
Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL PLAT
AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS HAVE
BEEN MET.
EAGLE CITY ENGINEER
• Site Specific Condition of Approval #13 associated with the preliminary plat required the
applicant to provide a revised preliminary plat showing the water line located within Lot 21, Block
3 to be located within and easement prior to submittal of a final plat application. The preliminary
plat, date stamped by the City on May 20, 2014, shows the water line running from east to west
through Lots 19, 21, and 22. The water line is not located within an easement. The applicant
should provide a revised final plat showing the water line located within Lots 19, 21, and 22 Block
3,to be located within an easement prior to the City Clerk signing the final plat.
• Plat Note#1 shown on the final plat, date stamped by the City on May 20, 2014, indicates(in part)
that a five (6) foot wide irrigation, public utilities, and property drainage easement is hereby
designated along each side of the interior lot lines. The applicant should provide a revised final
plat with the second sentence in plat note #1 revised to read, "A five (5) foot wide irrigation,
public utilities, and property drainage easement is hereby designated along each side of interior lot
lines."The revised final plat should be provided prior to the City Clerk signing the final plat.
• The properties located adjacent to the northern and western boundaries of the proposed
development are currently being utilized as pasture or farmland. The final plat, date stamped by
the City on May 20, 2014, does not contain a plat note in regard to the adjacent uses or the
provision for the right to farm. The applicant should provide a revised final plat containing a new
plat note indicating, "This development recognizes Section 22-4503 of the Idaho Code, Right to
Farm Act, which states: "No agricultural operation, agricultural facility or expansion thereof shall
be or become a nuisance, private or public, by any changed conditions in or about the surrounding
nonagricultural activities after it has been in operation for more than one year, when the operation,
facility or expansion was not a nuisance at the time it began or was constructed. The provisions of
this section shall not apply when a nuisance results from the improper or negligent operation of an
agricultural operation, agricultural facility or expansion thereof." The revised final plat should be
provided prior to the City Clerk signing the final plat.
• In regard to the operation and maintenance of the pressurized irrigation system the applicant is
required to enter into an agreement with Gateway Development and the City of Eagle to provide
pressurized irrigation to all parties. The applicant should provide a revised final plat containing a
new plat note identifying the responsibility of the WyCliffe Estates Subdivision Homeowner's
Association in regard to the operation and maintenance of the pressurized irrigation system
associated with WyCliffe Estates Subdivision. The operation and maintenance of the WyCliffe
Estates Subdivision pressurized irrigation system should be based on the joint pressurized
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irrigation operation and maintenance agreement to be finalized by the applicant, Gateway
Development and the City of Eagle. The plat note should be reviewed and approved by the City
Attorney prior to the City Clerk signing 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-05-14/FP-14-14 for a final development plan and final
plat for WyCliffe Estates Subdivision for Northside Management, 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 CU-09-13/PPUD-08-13/PP-15-13.
3. Comply with the conditions of DR-26-14.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
5. Provide a revised final plat with the Certificate of City Engineer signature block revised to
read as follows:
Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL
PLAT AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS
HAVE BEEN MET.
EAGLE CITY ENGINEER
6. The required setbacks shall be as follows:
Setbacks: Lots 10,000-square feet and greater Lots less than 10,000-square feet
Front 30' 30'
Rear 25' 25'
Interior Side 7.5' (additional 5' per story) 5'(additional 5' per story)
Street Side 20' 20'
Maximum Coverage 40% 40%
*Note: All front load garages shall be setback a minimum of 25-feet from the back of
sidewalk.
7. Provide a revised final plat with the second sentence in plat note #1 revised to read, "A five
(5) foot wide irrigation, public utilities, and property drainage easement is hereby designated
along each side of interior lot lines." 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, "Minimum building setback
lines shall be in accordance with the applicable zoning 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.
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9. Provide a revised final plat with a new plat note added to read, "The side setback (that side
adjacent to the pathway) for lots located adjacent to interior pathways shall be 15-feet
minimum from the paved edge of the adjacent pathway. The revised final plat shall be
provided prior to the City Clerk signing the final plat.
10. Provide a revised final plat showing the water line located within Lots 19, 21, and 22, Block 3
to be located within an easement prior to the City Clerk signing the final plat.
11. Provide a revised final plat containing a new plat note identifying the responsibility of the
WyCliffe Estates Subdivision Homeowner's Association in regard to the operation and
maintenance of the pressurized irrigation system. The operation and maintenance of the
WyCliffe Estates Subdivision pressurized irrigation system shall be based on the joint
pressurized irrigation operation and maintenance agreement. The plat note shall be reviewed
and approved by the City Attorney prior to the City Clerk signing the final plat.
12. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
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 plat, and an 8 1/2" x 11" recorded copy of the final plat of WyCliffe Esates
Subdivision, prior to the issuance of any building permits.
15. All common area improvements within WyCliffe Estates Subdivision as specified on the
approved landscape plan (DR-26-14) 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. All traffic associated with the construction of the WyCliffe Estates Subdivision infrastructure
shall be prohibited from utilizing East Windrose Street for access. The barricade located on the
west end of East Windrose Street shall remain in place until ACHD accepts all streets located
within Wycliffe Estates Subdivision.
17. 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.
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 entrances to WyCliffe Estates Subdivision, 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. Provide a copy of the written approval from the irrigation entity, drainage district, or drainage
entity having jurisdiction for encroachments and/or improvements to affected infrastructure,
prior to the City Clerk signing the final plat.
21. 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.
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CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on May 20, 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 the 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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Sharon K. Bergmann, Eagle City S erk •�''•'.•�F,p••'��
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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