Findings - CC - 2016 - FPUD -09-15/FP-15-15 - Lilac Springs Subdivision #1/95 Lot/47.65 Acre.5926 W Floating FeatherBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR LILAC SPRINGS SUBDIVISION
NO. 1 FOR COLEMAN HOMES, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD -09 -15 & FP -15 -15
The above - entitled Final development plan and final plat applications came before the Eagle City Council
for their action on March 8, 2016. 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:
Coleman Homes, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting
final development plan and final plat approvals for Lilac Springs Subdivision No. 1, a 95 -lot (85
buildable, 10 common) residential subdivision. The 47.65 -acre site is generally located at the
northwest corner of West Floating Feather Road and North Lanewood Road at 5926 West Floating
Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on December 23, 2015.
C. HISTORY:
On Fehruary 2 4, 2015, the Eagle Cite Comici I apprw cd .m suinexation, rezone, condition:ll use permit,
preliminary development plan, and preliminary plat approvals for Lilac Springs Planned Unit
Development ( A- 05- 14/ RZ- 05- 14 /CU- 05- 14/PPUD- 02- 14/PP- 07 -14).
On March 12, 2015. the Design Review Board approved a design review application for the common
area landscaping and pool house within Lilac Springs Subdivision (DR- 68 -14).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated March 10, 2015, 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:
I. 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;
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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. The
final development plan and final plat show that there have been no significant changes from the
preliminary development plan and preliminary plat.
The Landscape Plan, date stamped by the City on December 23, 2015, identifies a, "6' Vinyl Fence"
located on top of the buffering berms located adjacent to North Lanewood Road and West Floating
Feather Road. The Design Review Board reviewed and approved a six -foot (6') high vinyl fence to be
located between the rear property line of the residential lots and the property line associated with the
common lots containing the buffering berm. At the time of the Design Review Board's review of the
application, a cross section of the buffering berm was not provided and it was the Design Review
Board', understanding that the fence %tiould be luua(Ld at tho base of the berm. Pursuant to Eagle Cit)
Code Section 8- 2A- 7(J)(4)(a), the only style of fence permitted in combination with a berm is a
decorative block wall, cultured stone, decorative rock, or similarly designed concrete wall. If the
applicant dc%ires to construct a fence in proximity to the top of the buffering berm the {Lpplicant should
be required to submit a design review modification application showing the permitted style of wall
located in proximity to the top of the berm. The design review application should be reviewed and
approved by the Design Review Board prior to construction of the wall upon the buffering berms
located adjacent to North Lanewood Road and West Floating Feather Road.
Pursuant to Site Specific Condition #27, the applicant is required to place a note on the final plat
which states that the pressurized irrigation system and all common lots are to be owned and maintained
by the Homeowner's Association. Plat note #8 of the final plat, date stamped by the City on December
23, 2015, identifies the common lots of the final plat and further states in part that the common lots are
to be owned and maintained by the Lilac Springs Homeowner's Association, Inc. However, the Final
plat does not contain a plat note in regard to the ownership and maintenance of the pressurized
irrigation system. The applicant should be required to provide a revised final plat with a new plat note
that states, "The pressurized irrigation system shall be owned and maintained by the Lilac Springs
Homeowner's Association." The revised final plat should be provided 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) (as noted herein) with the conditions recommended herein and that the
final plat will be in substantial conformance with the preliminary plat with the conditions herein.
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STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the Lilac Springs Subdivision No. I final development plan and final plat
with the conditions of approval provided within the staff report.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 8, 2016. 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 -09 -15 & FP- I 5 -15 for a final development plan and final plat
for Lilac Springs Subdivision No. I for Coleman Homes, LLC, 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 -05 -14, CU- 05 -I4, PPUD- 02 -14, and PP- 07 -14.
3. Comply with the conditions of DR- 68 -14.
4. The applicant shall submit payment to the City for all engineering and Iegal 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. If the applicant desires to construct a fence in proximity to the top of the buffering berm the
applicant should be required to submit a design review modification application showing the
permitted style of wall located in proximity to the top of the berm. The design review application
shall be reviewed and approved by the Design Review Board prior to construction of the wall upon
the buffering berms located adjacent to North Lanewood Road and West Floating Feather Road,
6. Provide a revised final plat «ith a nev, plat note; that States, "The pressurized irrigation system shall
be owned and maintained by the Lilac Springs Homeowner's Association." The revised final plat
shall be provided prior to the City Clerk signing the final plat.
7. The following setbacks and lot coverage requirements shall apply:
82 -foot Product Setbacks:
Front 25 -feet
Rear 20 -feet
Interior Side 5 -feet (first story) /(additional 2.5 -feet per story, measured to the second
story)
Street Side 20 -feet
95 -foot Product Setbacks
Front 30 -feet
Rear 20 -feet
Interior Side 5 -feet (first story) /(additional 5 -feet per story, measured to the second
story)
Street Side 20 -feet
8. All common area improvements within Lilac Springs Subdivision No. 1 as specified on the approved
landscape plan (DR- 68 -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.
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9. The developer shall provide shade -class trees as shown an 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 15070 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.
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 a "notice to proceed with construction" to the applicant's designated representative.
11. 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.
12. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department
prior to the issuance of a "notice to proceed with construction" letter to the project engineer.
13. 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.
14. The applicant shall install at the entrances to Lilac Spring Subdivision No. 1, 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. An} stUb street k+ 111101 is expected to be extended in the future shall be prodded %%ith a tiign !1C Ile t,tll}
stating that, "This Street is to be extended in the future ".
16. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located % %ithin the public rights -of way - abutting and within thi% %ite, prior to the Cite Clerk
signing the final plat.
17. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
18. The applicant shall provide an approval Ietter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
19. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
20. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
21. Provide a copy of the recorded CC &Rs for the subdivision, two (2) full size copies of the recorded
Final plats, and an 8 112" x 1 I" recorded copy of the final plats of Lilac Springs Subdivision No. 1,
prior to the issuance of any building permits.
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CONCLUSIONS OF LAW:
A. In accordance with Eagle City Code Section 5- 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 e\isting and required utility ser%ices are adequate for the population dentiitieti ati noted b) the
agencies that will serve the development.
DATED this 22' ` dad of March 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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Stan Ridgeway, Mayor ••.•��QF EAC�4!�•.,��',
G� Q.QORAT�%
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Sharon . Bergmann, Eagle City Clerk �'•., q OF, +P •
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