Findings - CC - 2017 - FPUD-08-16 & FP-15-16 - Final Development Plan For Preserve No. 6BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR THE PRESERVE SUBDIVISION NO.6 )
FOR THE PRESERVE LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-08-16 & FP -15-16
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on December 13, 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:
The Preserve, LLC., represented by Josh Mann with Engineering Solutions LLP, is requesting final
development plan and final plat approvals for The Preserve Subdivision No. 6, a 28 -lot (25
buildable, 3 common), residential subdivision. The 7.97 -acre site is located 0.45 -miles north of
State Highway 44 and 0.65 miles west of North Linder Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 20, 2016.
C. HISTORY OF PREVIOUS ACTIONS:
On January 24, 2006, the City Council approved an annexation and rezone from RR (Rural
Residential -Ada County Designation) to R -2 -DA -P (Residential - two units per acre with a
development agreement — planned unit development), R -4 -DA -P (Residential - four units per acre
with a development agreement — Planned Unit Development) and MU -DA -P (Mixed Use — with a
development agreement — Planned Unit Development), conditional use, preliminary development
plan, preliminary plat, and vacation of right-of-way approvals for Eaglefield Estates Planned Unit
Development for this site. The development agreement (Inst. #106057136) associated with RZ-17-
04 and planned unit development findings of fact and conclusions of law for the aforementioned
applications are incorporated herein by reference (A-11-04/ RZ-17-04/CU-10-04/PPUD-3-04/PP-
9-04/VAC-2-04).
On August 8, 2006, the City Council approved the common area landscaping and clubhouse within
Eaglefield Subdivision (DR -66-06).
On February 13, 2007, the City Council approved a final development plan and final plats for
Eaglefield Estates Subdivision Phases No. 1 & No. 2, for Eaglefield, LLC (FPUD-03-06 & FP -10-
06 [No. 1] & FPUD-4-06 & FP -11-06 [No. 2]).
On March 25, 2008, the City Council approved a modification to the development agreement
(Instrument #109031309) to modify the approved setbacks for the development and modify the
municipal water Memorandum of Agreement (MOA) to allow for the amendments to be made to
the MOA without a modification to the development agreement (RZ-17-04 MOD).
On May 16, 2008, the final plat for Eaglefield Estates Subdivision No. 1 was recorded at the Ada
County Recorder's Office.
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On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates and Eaglefield Estates
R Subdivisions (EXT -13-09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates and Eaglefield Estates II Subdivisions to staff (EXT -13-09).
On August 10, 2010, the City Council approved a preliminary plat extension of time application
for Eaglefield Estates Subdivision to be valid until February 12, 2012 (EXT -06-10).
On March 23, 2011, the City Council approved a vacation to the final plat for Eaglefied Estates
Subdivision No. 1, of the shared access/common driveway easements and utility easements
contained within Lots 3-13, Block 1; Lots 2-5, Block 2; Lots 1-4, 6-9, 18-21, and 23-26, Block 6
(VAC -02-10).
On March 23, 2011, the City Council approved modifications to the development agreement
(Instrument #106057136) and the modified development agreement (Instrument #109031309), to
amend a "Whereas" contained on page 2 of the original development agreement and modify the
"Conditions on Development" No. 2.1 and No. 2.2 (RZ-17-04 MOD2).
On March 23, 2011, the City Council approved a combined preliminary plat/final plat for Eaglefield
Estates Subdivision No. 2 (a re -subdivision of Lots 2-5, Block 2 of Eaglefield Estates Subdivision
No. 1), for Coleman Homes, LLC (PP/FP-02-10).
On April 26, 2011, the City Council approved a vacation to the final plat of Eaglefield Estates No.
1, to remove the utility, drainage, and irrigation easements along the common side lot lines of Lots
6-7 and 7-8, Block 1, to satisfy a lot line adjustment (VAC -01-11).
On April 27, 2011, the Zoning Administrator approved a lot line adjustment to the final plat of
Eaglefield Estates No. 1, along the common side lot lines of Lots 6-7 and Lots 7-8, Block 1 (LLA -
02 -11).
On June 14, 2011, the City Council approved a design review application to modify the pool house
and pool for Eaglefield Estates Subdivision (DR -66-06 MOD).
On August 9, 2011, the City Council approved a rezone from R -3 -DA -P (Residential up to three
units per acre with a development agreement - PUD) and R -2 -DA -P (Residential up to two unit
per acre with a development agreement - PUD) to R -4 -DA -P (Residential up to four units per acre
with a development agreement - PUD) and R -3 -DA -P (Residential up to three units per acre with
a development agreement - PUD) and a modification to the development agreement by amending
and restating the original development agreement (recorded as Instrument No. 106057136) and
development agreement modification (recorded as Instrument No. 109031309), for Coleman
Homes, LLC (RZ-01-11).
On August 9, 2011, the City Council approved a conditional use, preliminary development plan,
and preliminary plat for The Preserve Planned Unit Development for Coleman Homes, LLC (CU -
01 -1 l/PPUD-01 -11, and PP -01-11).
On May 9, 2012, the City Council approved a final plat extension of time application for Eaglefield
Estates Subdivision No. 2 to be valid until April 12, 2013 (EXT -03-12).
On August 14, 2012, the City Council approved a final plat extension of time application for
Eaglefield Estates Subdivision No. 3 to be valid until July 12, 2013 (EXT -07-12).
On August 30, 2012, the Eaglefield Estates Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
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On August 30, 2012, the Eaglefield Estates Subdivision No. 3 final plat was recorded at the Ada
County Recorder's office.
On January 8, 2013, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 1 for The Preserve, LLC (FPUD-03-12 & FP -05-12).
On May 14, 2013, the City Council approved a vacation to the final plat of Eaglefield Estates
Subdivision No. 1 (VAC -02-13).
On August 13, 2013, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 2 for The Preserve, LLC (FPUD-03-13 & FP -06-13).
On September 27, 2013, a staff level review and approval was received to complete the exterior
building elevations of the City of Eagle Well House located within The Preserve Subdivision No.
1. (DR -48-13).
On February 25, 2014, The Preserve Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On January 13, 2015, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 3 for The Preserve, LLC (FPUD-08-14 & FP -18-14).
On April 28, 2015, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 4 for The Preserve, LLC (FPUD-02-15 & FP -02-15).
On April 28, 2015, the City Council approved a final development plan and final plat for The
Preserve Subdivision No. 5 for The Preserve, LLC (FPUD-03-15 & FP -03-15).
T3. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 17, 2011, 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:
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;
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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:
• Plat Note #2 on the final plat, date stamped by the city on October 20, 2016, states, "Unless
otherwise shown and dimensioned, each lot is hereby designated as having a permanent easement
for public utilities, The Preserve Homeowners Association, Inc., pressure irrigation, and lot
drainage over the six (6) feet adjacent to any interior side lot line, and over the six (6) feet adjacent
to any rear lot line."
The plat map designates eight -foot (8') wide easements along all rear lot lines. Eagle City Code
Section 9-3-6 requires easements to be not less than twelve -feet (12') in width. The applicant should
provide a revised final plat showing all rear lot lines that are not adjacent to the unplatted parcel to
the west of the site having easements that are six -feet (6) in width and the rear lot lines adjacent to
the unplatted parcel to the west of the site (Lots 2-7, Block 10) having easements that are twelve -
feet (12') in width prior to the City Clerk signing the final plat.
• Plat Note #11 on the final plat, date stamped by the city on October 20, 2016, states, "Lot 45, Block
1; Lot 15, Block 2 and portions of Lots 42 & 46, Block 1 and lots 14 & 16, Block 2 as shown hereon
are servient to and contain the ACHD storm water drainage system. These lots are encumbered by
that certain First Amended Master Perpetual Storm Water Drainage Easement recorded on
November 10, 2015, as Instrument No. 2015-103256, Official Records of Ada County, and
incorporated herein by this reference as if set forth in full (the "Master Easement"). The Master
Easement and the storm water drainage system are dedicated to ACHD pursuant to Section 40-
2302 Idaho Code. The Master Easement is for the operation and maintenance of the storm water
drainage system."
Lot 45, Block 1, was designed and intended to be a buildable lot. The applicant has provided a
revised page one of the final plat, date stamped by the city on November 9, 2016 with plat note #11
revised to state, "Lot 46, Block 1; Lot 15, Block 2 and portions of Lots 42, Block 1 and lots 14 &
16, Block 2 as shown hereon are servient to and contain the ACHD storm water drainage system.
These lots are encumbered by that certain First Amended Master Perpetual Storm Water Drainage
Easement recorded on November 10, 2015, as Instrument No. 2015-103256, Official Records of
Ada County, and incorporated herein by this reference as if set forth in full (the "Master
Easement"). The Master Easement and the storm water drainage system are dedicated to ACHD
pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and
maintenance of the storm water drainage system." The applicant should also provide a copy of the
First Amended Master Perpetual Storm Water Drainage Easement prior to the City Clerk signing
the final plat.
The City Engineer and Planning staff has reviewed the final development plan and final plat. The
final development plan and final plat show that the configuration of lots deviates from the
preliminary development plan and preliminary plat, but the number and minimum lot sizes remain
the same. It is staff's 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 herein.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on December 13, 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-08-16 & FP -15-16 for a final development plan and final plat
for The Preserve Subdivision No. 6 for The Preserve LLC., with the following staff recommended site
specific conditions of approval with underline text to be added by the Council and strike through text to be
deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-01-11.
3. Comply with the conditions of DR -66-06, and all subsequent modifications.
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. The applicant shall provide a revised final plat showing all rear lot lines that are not adjacent to the
unplatted parcel to the west of the site having easements that are six -feet (6') in width and the rear
lot lines adjacent to the unplatted parcel to the west of the site (Lots 2-7, Block 10) having
easements that are twelve -feet (12') in width prior to the City Clerk signing the final plat.
6. The applicant shall provide a copy of the First Amended Master Perpetual Storm Water Drainage
Easement prior to the City Clerk signing the final plat.
7. The following setbacks and lot coverage requirements shall apply:
Front: 20 -feet
Rear: 20 -feet
Interior Side: 7.5 -feet (Additional 5 -feet per story, measured from 2"d story)
Street Side: 20 -feet
Maximum Lot Coverage 40%
8. All common area improvements within The Preserve Subdivision No. 6 as specified on the
approved landscape plan (DR -66-06) shall be completed or a surety shall be provided as required
by Eagle City Code prior to the City Clerk signing the final plat.
9. The developer shall provide 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.
10. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
11. The applicant shall not construct any required improvements, including, storm drainage or roadway
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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.
12. 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.
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 The Preserve Subdivision No. 6, 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.
18. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior
to the City Clerk signing the final plat.
19. 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 The Preserve Subdivision No. 6,
prior to the issuance of any building permits.
20. 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 subdivision's Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not be
accepted.
21. The applicant shall provide a CD of the as -built construction drawings for all improvements located
within the subdivision prior to the issuance of building permits.
22. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area
open spaces and on the street side of all corner lots shall be an open style fencing such as wrought
iron or other similar decorative style, durable fencing material.
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 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
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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 24' day of January, 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
�P,
Stan Ridgeway, Mayor
ATTEST:
Sharon k. Bergmann, Eagle City Clerk
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