Findings - CC - 2022 - FPUD-03-22 & FP-03-22 - Final Development Plan And Final Plat For Arvory Crest Subdivision No. 1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR ARVORY CREST SUBDIVISION )
NO. 1 FOR LENNAR HOMES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-22 & FP-03-22
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 24, 2022. 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:
Lennar Homes, represented by Ken Firmage with FS One, LLC, is requesting final development plan
and final plat approvals for Arvory Crest Subdivision No. 1, a 61-lot (57-buildable, 4-common),
residential subdivision. The 20.71-acre site is located on the east side of State Highway 16 at the north
terminus of North Hamlin Avenue.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 11, 2022. A revised
application and narrative were provided to the City on March 23, 2022. A revised final development
plan and final plat were provided to the City on May 18, 2022.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for the Legacy Planned
Community(A-09-05/RZ-13-05/CU-12-05/PPUD-13-05/PP-01-06).
On July 14, 2009, the City Council approved an annexation and rezone with development agreement
for Eagle Sports Legends Investments#2, LLC (the subject property was recognized as an expansion
parcel within the development agreement associated with the Legacy Planned Community[Ada County
instrument#106161990])(A-03-09/RZ-03-09).
On September 14,2021,the City Council approved a conditional use permit,preliminary development
plan and preliminary plat for Arvory Crest Subdivision for FS One, LLC (CU02-21/PPUD-02-21/PP-
04-21).
On December 14,2021,the City Council approved the common area landscaping within Arvory Crest
Subdivision for FS One, LLC(DR-43-21).
On December 14, 2021, the City Council approved the a subdivision entry feature and seven (7)
subdivision entry monuments for Arvory Crest Subdivision for FS One, LLC (DR-44-21).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated September 14, 2021, 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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
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. It is staffs opinion that the final development plan and final plat
are in substantial compliance with the preliminary development plan and preliminary plat with the
conditions recommended within the staff report.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 10, 2022. 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-03-22 & FP-0322 for a final development plan and final plat
for Arvory Crest Subdivision No. 1,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-02-21/PPUD-02-21/PP-04-21.
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3. Comply with the conditions of FPDP-04-21.
4. Comply with the conditions of DR-43-21,DR-43-21 MOD,and DR-44-21.
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 and/or upon receipt of an invoice by the City,
whichever occurs first.
6. The setbacks and lot coverage requirements shall be in conformance with Condition of Development
#3.4.1.4 of the Development Agreement Third Modification(Ada County instrument#2018-030159)
(associated with the Legacy project).
7. All common area improvements within Arvory Crest Subdivision No. 1 as specified on the approved
landscape plan(DR-43-21)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
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 Arvory Crest 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. 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".
16. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights-of way-abutting and within this site, prior to the City 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.
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18. The applicant shall provide an approval letter 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 a digital copy of the subdivision records drawings prior to the issuance of building permits.
20. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
21. 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 Arvory Crest Subdivision No. 1, prior
to the issuance of any building permits.
22. 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 development will be initiated within one year of the date of approval;
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.
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DATED this 24th day of May 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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