Findings - CC - 2015 - FPUD-09-14 & FP-21-14 - Fpud For Mace River Ranch Subd No 4/69-Lot/67.33/800 W Mace Road BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR MACE RIVER RANCH SUBDIVISION )
NO. 4 FOR GARDNER MACE COMPANY, LC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-09-14 & FP-21-14
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:
Gardner Mace Company, LC, represented by Weston Arnell, is requesting final development plan and
final plat approval for Mace River Ranch Subdivision No. 4, a 69-lot (63-buildable, 6-common)
residential development. The 67.33-acre site is located adjacent to the north side of Mace Road west of
the intersection of Mace Road and North Eagle Road(SH-55) at 800 W. Mace Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on December 4, 2014.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On January 10, 2013, the Design Review Board approved a design review application for the common
area landscaping and club house for Mace River Ranch Subdivision(DR-62-12).
On February 12, 2013, the City Council approved a rezone with development agreement, conditional
use permit, preliminary development plan, and preliminary plat for the Mace River Ranch Planned
Unit Development(RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12).
On June 11, 2013, the City Council approved the final development plan and final plat for Mace River
Ranch Subdivision No. 1 (FPUD-01-13 &FP-03-13).
On November 18, 2013, the Mace River Ranch Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On February 11, 2014, the City Council approved the final development plan and final plat for Mace
River Ranch Subdivision No. 2 &3 (FPUD-06-13 &FP-15-13).
On November 26, 2014, the Mace River Ranch Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On February 19, 2015, the Mace River Ranch Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 26, 2013, are incorporated
herein by reference.
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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 submitted final plat, date stamped by the City on December 4, 2014, did not address Site Specific
Condition #25 of the preliminary plat which required the applicant to add a plat note indicating that a
riparian zone setback of 25-feet in width is required adjacent to all waterways, in which no
improvement is permitted and that riparian vegetation shall be maintained in its natural state for the
protection and stabilization of the riverbank and that the removal of trees of other vegetation is
regulated. The applicant should provide a revised final plat with a new plat note addressing the above
noted riparian zone setback prior to the City Clerk signing the final plat.
• The City Engineer and Planning staff have reviewed the final plat. It is staff's opinion that the final
plat is in substantial compliance with the preliminary plat, pursuant to compliance with 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.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-09-14 & FP-21-14 for a final development plan and final plat
for Mace River Ranch Subdivision No. 4 for Gardner Mace Company, LC, 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 the conditions of FPDP-01-12
3. Comply with all applicable conditions of RZ-05-12/CU-04-12/PPUD-02-12/PP-04-12.
4. Comply with the conditions of DR-62-12 and any subsequent modifications.
5. 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.
6. The applicant shall not construct any storm drainage 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, the City will issue a "notice to proceed with construction" to the
project engineer.
7. The applicant shall add a plat note indicating that a riparian zone setback of 25-feet in width is
required adjacent to all waterways, in which no improvement is permitted and that riparian vegetation
shall be maintained in its natural state for the protection and stabilization of the riverbank and that the
removal of trees of other vegetation is regulated. The applicant shall provide a revised final plat with
the new plat note prior to the City Clerk signing the final plat
8. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
9. Provide a copy of the recorded amended 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 Mace River Ranch
Subdivision No. 4, prior to the issuance of any building permits.
10. All common area improvements shall be completed or a surety shall be provided as required by Eagle
City Code, prior to the City Clerk signing the final plat.
11. 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."
12. The applicant shall install at the entrances to Mace River Ranch Subdivision No. 4, 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.
13. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
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 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.
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CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on December 4, 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 28th day of April 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
, , .
fames D. Reynolds ayor tr,�'•�.' .% O
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ATTEST: j Q" . O
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Sharon K. Bergmann, Eagle City Clec k
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