Findings - CC - 2021 - FPUD-05-20 & FP-05-20 - Arrano Farms/Hidden Pond Sub- Fp & FpudBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR ARRANO FARMS SUBDIVISION
[FORMERLY KNOWN AS HIDDEN POND
SUBDIVISION] FOR SUSAN BARROS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-05-20 & FP-05-20
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on December 17, 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:
Susan Barros, represented by Derritt Kerner, P.E. with Rock Solid Civil, is requesting final
development plan and final plat approvals for Arrano Farms Subdivision (formerly known as Hidden
Pond Subdivision), a 12-lot (8-buildable, 4-common), residential subdivision. The 9.85-acre site is
located on the south side of West Floating Feather Road approximately 750-feet east of the intersection
of North Ballantyne Lane and West Floating Feather Road at 1795 and 1797 West Floating Feather
Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on September 3, 2020. Revised
submittal information was provided to the City on October 26, 2020, and October 28, 2020. A revised
final plat was provided to the City on November 18, 2020.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On November 27, 2001, the Eagle City Council approved a rezone from A (Agriculture) to R-E
(Residential -Estates) for Mike Malterre (RZ-10-01).
On November 27, 2001, the Eagle City Council approved a lot split for Mike Malterre (LS-03-01).
On August 27, 2019, the Eagle City Council approved a rezone from R-E (Residential -Estates) to R-3-
DA-P (Residential with a development agreement — PUD), conditional use permit, preliminary
development plan, and preliminary plat for Hidden Pond Subdivision, a 12-lot (9-buildable, 2-common,
1-private road) residential planned unit development(RZ-15-18/CU-07-18/PPUD-05-18/PP-11-18).
On March 10, 2020, the City Council approved a design review application for the common area
landscaping within Hidden Pond Subdivision for Chelo Barros (DR-04-20).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated August 27, 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:
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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.
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 November 18, 2020):
• Plat note #1 of the final plat states, "A twenty-four & one half (24.5) foot wide permanent public
utilities, property drainage and pressure irrigation easement is hereby designated along the front lot line
of Lots 2 and 4, Block 1."
Lot 4, Block 1 is the private road, North Hidden Pond Lane, which has a blanket public utilities,
property drainage, and pressure irrigation easement per plat note #7. Lot 3, Block 1 is a buildable
residential lot adjacent to Lot 2, Block 1. The applicant should provide a revised final plat with plat
note #1 revised to state "A twenty-four & one half (24.5) foot wide permanent public utilities, property
drainage and pressure irrigation easement is hereby designated along the front lot line of Lots 3 and 4,
Block 1." 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 December 17, 2020. 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-02-20 & FP-02-20 for a final development plan and final plat
for Arrano Farms Subdivision (formerly known as Hidden Pond Subdivision) for Susan Barros, 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-07-18/PPUD-05-18/PP-11-18.
3. Comply with the conditions of DR-04-20.
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 # 1 revised to state "A twenty-four & one half (24.5) foot wide
permanent public utilities, property drainage and pressure irrigation easement is hereby designated
along the front lot line of Lots 3 and 4, Block 1." The revised final plat shall be provided prior to the
City Clerk signing the final plat.
6. The following setbacks and lot coverage requirements shall apply:
Front 30-feet
33-feet (living), 38-feet (garage) (Lots 2 and 3, Block 1)
Rear 25-feet
Side 7.5-feet , 12.5-feet (second story), Lot 11, Block 1 — 30-feet (east
property line)
Street Side 20-feet
Maximum Coverage 40%
The residential dwellings located on Lots 3, 7 and 8, Block 1, shall be single -story (25-feet maximum
height).
7. All common area improvements within Arrano Farms Subdivision as specified on the approved
landscape plan (DR-04-20) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
8. 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.
9. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
10. The applicant shall not construct any required improvements, including, 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
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a "notice to proceed with construction" letter to the applicant's designated representative.
11. 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.
12. The applicant shall install at the entrances to Arrano Farms 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 clogs off leash.
13. 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".
14. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
15. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
16. 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 Arrano Farms Subdivision, prior to the
issuance of any building permits.
17. 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 subdivision 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
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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 12th day of January 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ason)•ierce, Mayor
ATTEST:
Tracy E.
EAG�F.' .
agle ity etzry ()RAPE•.
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