Findings - CC - 2016 - FPUD-03-16 & FP-07-16 - Shadowbluff SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR SHADOWBLUFF SUBDIVISION
FOR ENVISION IDAHO, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-16 & FP -07-16
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on June 28, 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:
Envision Idaho, LLC, represented by Chad Olsen, is requesting final development plan and final plat
approvals for Shadowbluff Subdivision, an 18 lot (15 buildable, 3 common) residential planned unit
development. The 4.35 acre site is generally located at the west side of North Horseshoe Bend Road
approximately 0.25 miles south of the intersection of East Floating Feather Road and North Horseshoe
Bend Road at 10895 North Horseshoe Bend Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City on April 13, 2016. A revised final plat was
received by the City on May 24, 2016.
C. HISTORY:
On July 11, 2006, the City Council approved an annexation and rezone with development agreement
for Donna Weston (on September 14, 2013, the execrated development agreement expired, Ada County
instrument #106161993) (A-03-061RZ-03-06).
On July 10, 2007, the City Council approved the preliminary plat for Brutsman Subdivision a 17 -lot
(12-buildalbe, I existing, and 4 -common) residential subdivision (PP -02-06).
On July 15, 2008, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Litton Loan Servicing represented by Russell Stanley. The extension of
time was valid until July 10, 2009 (EXT -13-08).
On October 13, 2009, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2010 (EXT -14-
09).
On September 14, 2010, the City Council approved a conditional use permit for a private school
facility for La Mia Terra, LLC (CU -03-10).
On October 26, 2010, the City Council approved an extension of time for the preliminary plat for
Brutsman Subdivision for Shawn Ross. The extension of time was valid until July 10, 2011 (EXT -05-
10).
On July 11, 2011, the preliminary plat for Brutsman Subdivision expired.
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On October 13, 2015, the City Council approved development agreement modification, conditional
use permit, preliminary development plan, and preliminary plat applications for Shadowbluff
Subdivision for Envision Idaho LLC (RZ-03-06 MODICU-05-15/PPUD-02-15IPP-06-15).
On March 24, 2016, the Design Review Board approved the landscape plan for Shadowbluff
Subdivision for Evision Idaho, LLC (DR -08-16).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated October 13, 20I5, 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:
3. The proposed development can be initiated within one year of the date of approval;
a. 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;
b. 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;
c. Any proposed commercial development can be justified at the locations proposed;
d. 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;
e. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
f. The PUD is in general conformance with the comprehensive plan; and
g. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
4. 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, date
stamped by the City on May 24, 2016. The final development plan and final plat show that there have
been no significant changes to the preliminary development plan and preliminary 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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REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 28, 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-03-16 & FP -07-16 for a final development plan and final plat
for Shadowbluff Subdivision for Envision Idaho, LLC, with the following staff recommended site specific
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I . Comply with all requirements of the City Engineer.
2. Comply with all conditions within the development agreement for rezone application RZ-03-06 MOD.
3. Comply with all applicable requirements of CU -05-15, PPUD-02-15, and PP -06-I5.
4. Comply with the conditions of DR -08-16 and any subsequent modifications.
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. Provide a revised final plat with a note stating "This development recognizes Section 224503 of Idaho
Code, Right to Farm Act, which states, "No agricultural operation, agricultural facility or expansion
thereof shall be or become a nuisance, private or public, by any changed conditions in or about the
surrounding nonagricultural activities after it has been in operation for more than one (1) year, when
the operation, facility or expansion was not a nuisance at the time it began or was constructed. The
provisions of this section shall not apply when a nuisance results from the improper or negligent
operation of an agricultural operation, agricultural facility, or expansion thereof"
7. The following setbacks and lot coverage requirements shall apply:
Front 15 feet (living area), 20 feet to garage
Rear 20 feet
Interior Side 5 feet (per story), 5 feet total for Lots 1-3, Block 2
Street Side 20 feet
Maximum Coverage 409:
S. All common area improvements within Shadowbluff Subdivision as specified on the approved
landscape plan (DR -08-16) shall be completed prior to the City Clerk signing the final plat.
9. 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.
10. All required improvements shall be completed prior to the City Clerk signing the final plat. A surety,
in accordance with Eagle City Code Section 9-4-4-2, may be accepted in lieu of the actual installation
of the required improvements only during the months of November, December, January, February, and
March if adverse weather conditions prevent the completion of said required improvements. If a surety
is provided, the applicant shall provide a schedule that depicts the timing for completion of the
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required improvements.
H. 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.
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 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.
14. 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.
15. The applicant shall install at the entrances to Shadowbluff Subdivision, 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.
16. 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".
17. 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.
18. Provide an approval Ietter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
19. 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.
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 8 112" x 11" recorded copy of the final plat of Shadowbluff Subdivision, 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;
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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 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 PIan; 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 12t1i day of July 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
-V
OR-4
Aharon . Bergmann, Eagle City Jerk u •`dW
1PAN
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