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Findings - CC - 2015 - FPUD-06-15/FP-07-15 - Hcr/Level 3 Subd #2/5.83 Acre/18 LotBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR HCR/LEVEL 3 SUBDIVISION PHASE 2 FOR HOME CAPITAL RESOURCES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD -06 -15 & FP -07 -15 The above - entitled final development plan and final plat applications came before the Eagle City Council for their action on July 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: Home Capital Resources, represented by Mike Dixon, is requesting final development plan and final plat approval for HCR/Level 3 Subdivision Phase 2, a 5.83 -acre, 18 -lot (15- buildable, 3- common) residential subdivision. The HCR/Level 3 Planned Unit Development is generally located on the south side of West State Street (SH -44) approximately 650 -feet west of the intersection of West State Street (SH -44) and North Linder Road at 5001 and 5025 West State Street. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on May 19, 2015. C. HISTORY: On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural -Urban Transition — Ada County Designation) to R- 4 -DA -P (Residential - four units per acre with a development agreement — planned unit development), R- 4 -DA -P (Residential - four units per acre with a development agreement — PUD), conditional use, preliminary development plan, and preliminary plat, for HCR/Level 3 Planned Unit Development for this site. (A- 04 -12/ RZ-06-12/CU-05-12/PPUD- 03-12/PP-04-12) On July 25, 2013, the Design Review Board approved a design review application for the common area landscaping for HCR/Level 3 Subdivision for Home Capital Resources (DR- 30 -13). On September 24, 2013, the City Council approved a final development plan and final plat for HCR/Level 3 Subdivision No. 1 for Level 3 Development, LLC (FPUD- 04- 13/FP- 13 -13). On February 11, 2014, the City Council approved a final plat modification for Level 3 Subdivision No. 1 (aka River Walk Subdivision) for Level 3 Development LLC (FP -13 -13 MOD). On July 11, 2014, the HCR/Level 3 Subdivision Phase 1 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 May 14, 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: 1. The ordinance and standards used in evaluating the application; Page 1 of 6 K:\ Planning fept\Eagle Applications \SUHS\20l5\HCR Level 3 Sub Phase 2 fp & fpud ccf.doc 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; 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 HCR/Level 3 Subdivision Phase 2. The final development plan and final plat show that there have been no significant changes from the preliminary development plan and preliminary plat. • Condition of Development #3.4 (c) requires that a provision be placed in the CC &R's to address the issue concerning CC &R's that may be less restrictive than government regulations that the government regulations shall apply. During the review of the CC &R's staff did not find the required language contained within the document. The applicant should be required to provide a revised copy of the CC &R's with the following language included: "In the event any of the CC &R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC &R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance." The revised CC &R's should be provided prior to the City Clerk signing the final plat. Condition of Development #3.7 associated with the executed development agreement (Ada County Instrument #109129734) requires the applicant to provide and construct a minimum 10 -foot wide asphalt pathway to be located within a 25 -foot wide easement to be located within the common lot located adjacent to the southern boundary of the development. As part of the final plat approval the applicant was required to cover the pathway with crushed cinders and place signs on both sides of the pathway indicating that the pathway will be paved in the future. The base of the pathway was constructed with the first phase of the subdivision and a pedestrian access easement between the city Page 2 of 6 KAPlanning Dep(Tagle ApplicationA\SUBSU015U1CR Level 3 Sub Phase 2 fp & fpud cct.doc and the developer was executed for public use of the pathway. The greenbelt pathway should be covered in crushed cinders prior to the City Clerk signing the final plat. The applicant submitted a final plat, date stamped by the City on May 19, 2015, which shows a common lot (Lot 23, Block 1) where the pathway is currently located. The applicant should be required to provide a revised final plat identifying the public pathway located within Lot 23, Block 1, to be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4-1-6(E) (2). The instrument number of the recorded easement or easements should be referenced on the face of the plat for HCR/Level 3 Subdivision Phase 2, upon recordation of the final plat wherein the pathway is located. The revised final plat should be provided prior to the City Clerk signing the final plat. • On February 11, 2014, the City Council approved a final plat modification (HCR/Level 3 Subdivision Phase 1) to allow for a temporary access to State Highway 44. The approval of the temporary access was valid for one (1) year from the date of the City's signature on the final plat. The applicant was required to install the required landscaping and pedestrian pathway improvements within three (3) months from removal of the temporary access. The applicant was also required to provide a surety for the portion of landscaping and pedestrian pathway improvements which would not be completed until the temporary access has been removed. The temporary access should remain open until such time as ACHD accepts the streets located within the subject phase of the development. Upon acceptance of the streets the applicant should be required to close the temporary access located within HCR/Level 3 Subdivision Phase 1. The applicant should also be required to install the required landscaping and pedestrian pathway improvements in the area where the temporary access was closed or provide a surety (in the form of a letter of credit, cd, or cash) to the City for 150% of the cost of the portion of landscaping and pedestrian pathway improvements which will not be completed prior to the City Clerk signing the final 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 July 14, 2015. The Council made their decision at that time. The minutes are incorporated herein by reference. COUNCIL DECISION: The Council voted 3 to 0 (Butler absent) to approve FPUD- 06- 15/FP -07 -15 for a final development plan and final plat for HCR/Level 3 Subdivision Phase 2 for Home Capital Resources, 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 -06 -12 and PP- 04 -12. 3. Comply with the conditions of DR- 30 -13. 4. Provide a revised final plat identifying the public pathway located within Lot 23, Block 1, to be located within a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle City Code Section 9- 4- 1 -6(E) (2). The instrument number of the recorded easement or easements shall be referenced on the face of the plat for HCR/Level 3 Subdivision, upon recordation of the final plat wherein the pathway is located. The revised final plat shall be provided prior to the City Clerk signing the final plat. Page 3 of 6 KAPlanning DeptEagle ApplicationASUBS\2015WR Level 3 Sub Phase 2 fp & fpud ccf doc 5. Upon ACHD accepting the streets located within HCR/Level 3 Subdivision Phase 2 the temporary access, connected to SH-44, located within HCR/Level 3 Subdivision Phase 1 shall be closed immediately. 6. The applicant shall install the required landscaping and pedestrian pathway improvements within three (3) months from the removal of the temporary access located within HCR/Level 3 Subdivision Phase 1 prior to the issuance of a Certificate of Occupancy for any structures. 7. The required setbacks shall be as follows: Front 20 feet/25 feet Garage (front -load) Rear 20 feet Interior Side 5 feet Additional Setback for Multi-story structures 2.5 feet per story Street Side 20 feet Minimum Lot Frontage 35 -feet (Lot 7, Block 1, shall be 20 -feet) 8. 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. 9. 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. 10. Provide a revised copy of the CC &R's with the following language included: "In the event any of the CC &R's are less restrictive than any government rules, regulations or ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The CC &R's are subject to all rules, regulations, laws and ordinances of all applicable government bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the CC &R's unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable rule, regulation, law or ordinance." The revised CC &R's shall be provided prior to the City Clerk signing the final plat. 11. All common area improvements within HCR/Level 3 Subdivision Phase 2, as specified on the approved landscape plan (DR- 30 -13) 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. 12. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 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. The applicant shall install at the entrance to HCR/Level 3 Subdivision Phase 2, 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. 15. 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. 16. The applicant shall provide an approval letter from the City of Eagle Lead Water Operator prior to the commencement of construction of the municipal water lines. 17. The applicant shall not construct any storm drainage or roadway facilities until the City has received a Page 4 of 6 KAPlanning Dept\Eagle ApplicationASUBS\20I5\HCR Level 3 Sub Phase 2 fp & fpud ccf doc 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. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to the issuance of a "notice to proceed with construction" letter to the project engineer. 19. 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 HCR/Level 3 Subdivision Phase 2, prior to the issuance of any building permits. CONCLUSIONS OF LAW: A. The application for this item was received by the City of Eagle on May 19, 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 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. Page 5 of 6 KAPlanning Dept\Eagle ApplicationASUBS\2015WR Level 3 Sub Phase 2 fp & fpud ccf.doc DATED this 28th day of July, 2015. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho b�nes D. Reynolds, Mayor ATTEST: .�.076F E�Ac; 0RA.� 1c $VC-xk p 4 S City Cl rk �''••.,�TE ..••�� Page 6 of 6 KAPlannmg Dept\Eagle Apphcabons\SUBS\2t!I5SHCR Level 3 Sub Phase 2 fp & fpud ccf.dcc