Findings - CC - 2017 - FPUD-09-16 & FP-16-16 - Final Development Plan & Final Plat For Tannenbaum No. 3BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR TANNENBAUM SUBDIVISION )
NO.3 [FORMERLY KNOWN AS SCS SYRINGA )
SUBDIVISION] FOR SMITH BRIGHTON, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-09-16 & FP -16-16
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:
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Smith Brighton, Inc., represented by Mike Wardle with Brighton Development, is requesting final
development plan and final plat approvals for Tannenbaum Subdivision No. 3, a 25 -lot (20 buildable,
5 common) residential subdivision. The 9.71 -acre site is located on the north side of West Floating
Feather Road approximately '/a -mile west of the intersection of North Lanewood Road and West
Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 7, 2016.
C. HISTORY:
On June 25, 2013, the City Council approved an annexation and rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat for Syringa Planned Unit
Development(A-01-13/RZ-01-13/CU-01-13/PPUD-01-13/PP-01-13).
On January 23, 2014, the Eagle Design Review Board approved a design review application for the
common area landscaping within Syringa Subdivision No. 1 (DR -66-13).
On March 25, 2014, the Eagle City Council approved a final development plan and final plat for SCS
Syringa Subdivision No. 1 (FPUD-01-14 & FP -01-14).
On August 28, 2014, Tannenbaum Subdivision No. 1 final plat was recorded at the Ada County
Recorder's Office.
On September 12, 2014, the City approved a design review application to modify the common area
landscaping, including the addition of a pool and pool house for Syringa Subdivision (DR -66-13
MOD).
On July 26, 2016, the City Council approved a final development plan and final plat for Tannenbaum
Subdivision No. 2 (FPUD-06-16/FP-11-16)
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 25, 2013, 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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
• The City Engineer and Planning staff has 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 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.
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-09-16 & FP -16-16 for a final development plan and final plat
for Tannenbaum Subdivision No. 3 for Smith Brighton, Inc., with the following staff recommended 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 A-01-13/RZ-01-13/CU-01-13/PPUD-01-13/PP-01-13.
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3. Comply with the conditions of DR -66-13 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. Provide a revised final plat with a note stating, "Development of this property shall be in conformance
with Eagle City Code and consistent with the conditions of development within the development
agreement associated with RZ-01-13 and any subsequent modifications."
6. The following setbacks and lot coverage requirements shall apply:
Block 2, Block 4, and Lots 29-31, Block 3
Front
15 -feet (living area), 25 -feet (garage)
Rear
20 -feet
Interior Side
5 -feet (first story) (additional 5 -feet per story, measured
to the second story)
Street Side
20 -feet
Maximum Lot Coverage
40%
Block 5, Block 6, and Lots 32-33, Block 3
Front
20 -feet (living area), 25 -feet (garage)
Rear
25 -feet
Interior Side
7.5 -feet (first story) (additional 5 -feet per story, measured
to the second story)
Street Side
20 -feet
Maximum Lot Coverage
40%
7. All common area improvements within Tannenbaum Subdivision No. 3 as specified on the approved
landscape plan (DR -66-13) shall be completed prior to the City Clerk signing the final plat.
8. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk
and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and
irrigation shall be installed within landscape strips. A temporary occupancy may be issued if weather
does not permit landscaping however, a surety in accordance with Eagle City Code Section 9-4-2-2 for
150% of the cost of the installation of all landscape and irrigation improvements shall be provided to
the City.
9. If a surety is provided, the applicant shall provide a schedule that depicts the timing for completion of
the required improvements at the time of providing surety information.
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.
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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 Tannenbaum Subdivision No. 3, 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. 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 an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
20. 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 Tannenbaum Subdivision No. 3, prior
to the issuance of any building permits.
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 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
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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 14th day of February 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
1111
��"IAa7l
Stan Ridgeway, Mayor �� r
ATTEST:
Sharon K Bergmann, Eagle City Cl rk
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