Findings - CC - 2015 - FPUD-02-15/FP-02-15 - The Preserve No. 4/11.45 Acre/40-Lot BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR THE PRESERVE SUBDIVISION )
NO. 4 FOR THE PRESERVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-15 & FP-02-15
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 14, 2015. 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:
The Preserve, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final
development plan and final plat approval for The Preserve Subdivision No. 4, a 11.45-acre, 40-lot(36-
buildable, 4-common) residential subdivision. The Preserve Planned Unit Development is generally
located 650-feet west of Linder Road and north of State Highway 44.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 23,2015.
C. HISTORY:
On January 24, 2006, the City Council approved an annexation and rezone from RR (Rural
Residential-Ada County Designation) to R-2-DA-P (Residential - two units per acre with a
development agreement—planned unit development), R-4-DA-P (Residential- four units per acre with
a development agreement — Planned Unit Development) and MU-DA-P (Mixed Use — with a
development agreement—Planned Unit Development), conditional use, preliminary development plan,
preliminary plat, and vacation of right-of-way approvals for Eaglefield Estates Planned Unit
Development for this site. The Development Agreement (Inst. #106057136) associated with RZ-17-04
and planned unit development findings of fact and conclusions of law for the aforementioned
applications are incorporated herein by reference (A-11-04/ RZ-17-04/CU-l0-04/PPUD-3-04/PP-9-
04/VAC-2-04).
On February 13, 2007, the City Council approved a final development plan and final plats for
Eaglefield Estates Subdivision Phases No. 1 & No. 2, for Eaglefield, LLC (FPUD-03-06 & FP-10-06
[No. 1] &FPUD-4-06&FP-11-06 [No. 2]).
On March 25, 2008, the City Council approved a modification to the development agreement
(Instrument #109031309) to modify the approved setbacks for the development and modify the
municipal water Memorandum of Agreement (MOA) to allow for the amendments to be made to the
MOA without a modification to the development agreement(RZ-17-04 MOD).
On May 16, 2008, the final plat for Eaglefield Estates Subdivision No. 1 was recorded at the Ada
County Recorder's Office.
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On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates and Eaglefield Estates II
Subdivisions (EXT-13-09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates and Eaglefield Estates II Subdivisions to staff(EXT-13-09).
On August 10, 2010, the City Council approved a preliminary plat extension of time application for
Eaglefield Estates Subdivision to be valid until February 12, 2012 (EXT-06-10).
On March 23, 2011, the City Council approved a vacation to the final plat for Eaglefied Estates
Subdivision No. 1, of the shared access/common driveway easements and utility easements contained
within Lots 3-13, Block 1; Lots 2-5,Block 2; Lots 1-4, 6-9, 18-21, and 23-26, Block 6 (VAC-02-10).
On March 23, 2011, the City Council approved modifications to the development agreement
(Instrument #106057136) and the modified development agreement (Instrument #109031309), to
amend a "Whereas" contained on page 2 of the original development agreement and modify the
"Conditions on Development"No. 2.1 and No. 2.2 (RZ-17-04 MOD2).
On March 23, 2011, the City Council approved a combined preliminary plat/final plat for Eaglefield
Estates Subdivision No. 2 (a re-subdivision of Lots 2-5, Block 2 of Eaglefield Estates Subdivision No.
1), for Coleman Homes, LLC (PP/FP-02-10).
On April 26, 2011, the City Council approved a vacation to the final plat of Eaglefield Estates No. 1,
to remove the utility, drainage, and irrigation easements along the common side lot lines of Lots 6-7
and 7-8, Block 1,to satisfy a lot line adjustment(VAC-O1-11).
On April 27, 2011, the Zoning Administrator approved a lot line adjustment to the final plat of
Eaglefield Estates No. 1, along the common side lot lines of Lots 6-7 and Lots 7-8, Block 1 (LLA-02-
11).
On August 9, 2011, the City Council approved a rezone from R-3-DA-P (Residential up to three units
per acre with a development agreement - PUD) and R-2-DA-P (Residential up to two unit per acre
with a development agreement - PUD) to R-4-DA-P (Residential up to four units per acre with a
development agreement - PUD) and R-3-DA-P (Residential up to three units per acre with a
development agreement - PUD) and a modification to the development agreement by amending and
restating the original development agreement (recorded as Instrument No. 106057136) and
development agreement modification (recorded as Instrument No. 109031309), for Coleman Homes,
LLC (RZ-01-11).
On August 9, 2011, the City Council approved a conditional use, preliminary development plan, and
preliminary plat for The Preserve Planned Unit Development for Coleman Homes, LLC (CU-01-
11/PPUD-01-11, and PP-01-11).
On May 9, 2012, the City Council approved a final plat extension of time application for Eaglefield
Estates Subdivision No. 2 to be valid until April 12, 2013 (EXT-03-12).
On August 14, 2012, the City Council approved a final plat extension of time application for
Eaglefield Estates Subdivision No. 3 to be valid until July 12, 2013 (EXT-07-12).
On August 30, 2012, the Eaglefield Estates Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On August 30, 2012, the Eaglefield Estates Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
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On January 8, 2013, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 1 for The Preserve, LLC (FPUD-03-12 &FP-05-12).
On May 14, 2013, the City Council approved a vacation to the final plat of Eaglefield Estates
Subdivision No. 1 (VAC-02-13).
On August 13, 2013, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 2 for The Preserve, LLC (FPUD-03-13 &FP-06-13).
On February 25, 2014, The Preserve Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On January 27, 2015, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 3. for The Preserve,LLC (FPUD-08-14 &FP-18-14).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 17, 2011, 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 have reviewed the final development plan and final plat for The
Preserve Subdivision No. 4. The final development plan and final plat show that there have been no
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significant changes from the preliminary development plan and preliminary 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 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 April 14, 2015. 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-02-15 & FP-02-15 for a final development plan and final plat
for The Preserve Subdivision No. 4 with the following staff recommended site specific conditions of
approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions of CU-01-11/PPUD-01-11/PP-01-11.
3. Comply with the conditions of DR-66-06.
4. 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.
5. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior
to the City Clerk signing the final plat.
6. 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.
7. 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 The Preserve Subdivision No. 3,
prior to the issuance of any building permits.
8. All common area improvements within The Preserve Subdivision No. 4 as specified on the approved
landscape plan (DR-66-06) 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.
9. 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.
10. 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".
11. The applicant shall install at the entrances to The Preserve Subdivision No. 4 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.
12. 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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13. 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.
14. The applicant shall not construct any storm drainage or roadway facilities until the City has received
a copy of the ACRD stamped and approved 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.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on February 23, 2015.
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 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 and setbacks as specifically approved by the City will
allow for a mix of housing types 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 28th day of April 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
da County, Idaho
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