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Findings - CC - 2017 - FPUD-01-17 & FP-04-17 - Final Development Plan And Plat Approvals For Lilac Springs No 2BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR LILAC SPRINGS SUBDIVISION NO. 2 FOR TOLL ID, LLC FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-01-17 & FP -04-17 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on March 28, 2017. 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: Toll ID, LLC, represented by Shari Stiles with Engineering Solutions, LLP, is requesting final development plan and final plat approvals for Lilac Springs Subdivision No. 2, a 39 -lot (35 buildable, 4 common) residential subdivision. The 16.36 -acre site is 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 January 31, 2017. C. HISTORY OF REVELANT PREVIOUS ACTIONS: On February 24, 2015, the Eagle City Council approved an annexation, rezone, conditional 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). On March 8, 2016, the Eagle City Council approved the final plat and final development plan for Lilac Springs Subdivision No. 1 (FPUD-09-15/FP-15-15). On January 30, 2017, the plat for Lilac Springs Subdivision No. 1 was recorded. 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: 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 Page 1 of 5 KAPlanning Dept'Bagle Applications\SUBS\201TLilac Springs Sub No. 2 fp & fpud cct docx 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. • 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 January 31, 2017, 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. REVIEW BY THE COUNCIL: A review by the City Council was completed on March 28, 2017. 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-01-17 & FP -04-17 for a final development plan and final plat for Lilac Springs Subdivision No. 2 for Toll ID, 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 -05-14, PPUD-02-14, and PP -07-14. 3. Comply with the conditions of DR -68-14. Page 2 of 5 K:\Planning Dept\Eagle Applications\ SUBS\2017\Lilac Springs Sub No. 2 fp & fpud ccf.docx 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 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 shall be provided prior to the City Clerk signing the final plat. 6. The following setbacks and lot coverage requirements shall apply: 82 -foot Product Setbacks (Blocks 6 & 9): 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 (Blocks 7 & 8): 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 7. All common area improvements within Lilac Springs Subdivision No. 2 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. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. The applicant shall install at the entrances to Lilac Spring Subdivision No. 2, 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 Page 3 of 5 K:\Planning Dept\Eagle Applications\SIJBS\2017\Lilac Springs Sub No. 2 fp & fpud ccf.docx leash. 14. 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". 15. 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. 16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to the City Clerk signing the final plat. 17. 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. 18. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the City Clerk signing the final plat. 19. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. 20. Provide a copy of the recorded CC&Rs 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 plats of Lilac Springs Subdivision No. 2, prior to the issuance of any building permits. 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 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 4 of 5 K:\Planning Dept\Eagle Applications\SUBS\2017\Lilac Springs Sub No. 2 fp & fpud ccf.docz DATED this 1 lth day of April, 2017. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: S aron K. Bergmann, Eagle Cit Clerk Page 5 of 5 K1Planning Dept \Eagle Applications\ SUBS\2017\Lilac Springs Sub No. 2 fp & ipud ccfdocx