Findings - CC - 2017 - FPUD-03-17 & FP-14-17 - Fdp & Fp 30-Lot, 4.64 Acres, W Cowman Crt & S Grandean Way-701 W CowmanBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR VALYNN VILLAGE SUBDIVISION
FOR BRECKON LAND DESIGN
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-17 & FP -14-17
The above -entitled fmal development plan and fmal plat applications came before the Eagle City Council
for their action on September 26, 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:
Breckon Land Design represented by Ben Semple, is requesting final development plan and fmal plat
approvals for VaLynn Village Subdivision, a 30 -lot (23 buildable, 7 common) residential planned unit
development. The 4.64 -acre site is located at the terminus of West Cowman Court and South
Grandean Way at 701 West Cowman Court.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on July 7, 2017. In response to the
comments within the City Engineer's review letters the applicant provided revised submittals on
August 23, 2017, September 7, 2017, and September 18, 2017.
C. HISTORY:
On March 28, 2017, the City Council approved a Comprehensive Plan Map amendment from
Residential Four to Transitional Residential, rezone from R-4 (Residential) to R -5 -DA -P (Residential
with a development agreement — PUD), conditional use permit, preliminary development plan, and
preliminary plat for VaLynn Village Planned Unit Development for Roth Homes (CPA -02-16/ RZ-14-
16/CU-0 8-16/PPUD-03-16/PP-08-16).
On May 25, 2017, the Eagle Design Review Board approved a design review application for the
common area landscaping within VaLynn Village Subdivision (DR -20-17).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated April 11, 2017, 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
Page 1 of 5
K:\Planning DeptTagle Applications \ SUBS \201TVaLynn Village Sub feud & fp ccfdoc
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 fmal 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 fmal 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 fmal
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 September 26, 2017. The Council made their decision at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Preston absent) to approve FPUD-03-17 & FP -14-17 for a final development
plan and fmal plat for VaLynn Village Subdivision for Breckon Land Design, 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 RZ-14-16/CU-08-16/PPUD-03-16/PP-08-16.
3. Comply with the conditions of DR -20-17.
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 fmal plat and/or upon receipt of an invoice by the City,
whichever occurs first.
5. The applicant shall submit the required documentation addressing Site Specific Conditions #7, 13, 16,
and 17 identified within the City Engineer's review letter dated September 20, 2017. The submittal
shall be reviewed and approved by the City Engineer prior to the issuance of a "Notice to Proceed
With Construction" letter.
Page 2 of 5
K:\Planning DeptTagle Applications \SUBS\201TVaLynn Village Sub feud & fp ccfdoc
6. Provide a revised fmal plat with plat note #5 revised to state, "Minimum building setback lines shall be
in accordance with the applicable zoning and subdivision regulations at the time of issuance of the
building permit or as specifically approved by FPUD-03-17/FP-14-17." The revised fmal plat shall be
provided prior to the City Clerk signing the fmal plat.
7. Provide a revised fmal plat with plat notes #10, 12, and 13 removed. The revised fmal plat shall be
provided prior to the City Clerk signing the fmal plat.
8. Provide a revised fmal plat with plat note #11 revised to state, "A portion of this site is located within
the 0.2% chance floodplain area (Zone X Shaded). See FIRM panel no. 16001C153H, effective date
February 19, 2003." The revised fmal plat shall be provided prior to the City Clerk signing the fmal
plat.
9. Provide a revised fmal plat with plat note #15 revised to state, "Lot 9, Block 2 is a private street. The
owners of Lots 4-7, 11-14, Block 2, shall have a perpetual right to ingress/egress over said private
street, which perpetual right of access will run with the land. The restrictive covenant associated with
said private street cannot be modified and the homeowner's association cannot be dissolved without
the express consent of the city." The revised fmal plat shall be provided prior to the City Clerk signing
the fmal plat.
10. The following setbacks and lot coverage requirements shall apply (pursuant to the City Council's
approval of the conditional use permit, preliminary development plan, and preliminary plat [CU-08-
16/PPUD-03-16/PP-08-16]):
Front 15 -feet living space/ 20 -feet garage
Rear 10 -feet
15 -feet (north property line)
Side 3 -feet (one and two story structures)
10 -feet (boundary lines)
Street Side 15 -feet
Maximum Lot Coverage 70%
11. The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building permit
applications that do not have an approval letter attached will not be accepted.
12. All common area improvements within VaLynn Village Subdivision as specified on the approved
landscape plan (DR -20-17) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the fmal plat.
13. 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.
14. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
Page 3 of 5
K:\Planning Dept\Eagle Applications Village Sub feud & fp cc£doc
15. 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" letter to the applicant's designated representative.
16. 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.
17. 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.
18. The applicant shall install at the entrances to VaLynn Village 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.
19. The applicant shall provide a license agreement from ACRD 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 fmal plat.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the fmal plat.
21. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the fmal plat.
22. Provide a revised copy of the CC&Rs with the following language included:
"Fencing. Fencing, other than fencing provided by the Declarant, is prohibited. Declarant's fencing
shall be wrought iron or extruded aluminum. Fencing located adjacent to Common Lots shall be open
style fencing. Such fencing shall be maintained, repaired, and/or replaced pursuant to the same
specifications as the original fencing (i.e., height, design, location, and materials). Fencing in any
required front yard area shall be open -style and limited to four -feet (4') in height."
"All maintenance of street lights, pressurized irrigation, and common areas shall be maintained in
perpetuity by the Association. Any changes or modifications to the aforementioned facilities shall
require the prior approval of the City of Eagle and any other governmental entity having jurisdiction of
the Property."
The revised CC&Rs shall be provided prior to the City Clerk signing the final plat.
23. 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 fmal plat of VaLynn Village Subdivision, prior to
the issuance of any building permits.
24. In accordance with Eagle City Code, failure to obtain a recorded fmal plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a time
extension is granted by the City Council.
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. The development will be initiated within one year of the date of approval based upon the
documentation presented by the developer;
Page 4 of 5
K:\Pianning Dept\Eagle Applications \SUBS\201TVaLynn Village Sub feud & fp ccfdoc
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 in accordance with the Comprehensive Plan;
6. The area surrounding said development is developed with similar densities and design as the
proposed development and 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 10th day of October 2017.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
((LA."— .0
Sharon K. Bergmann, Eagle Ci Clerk
Page 5 of 5
K. \Planning Depaagle Applications \SUBS\201TVaLynn Village Sub feud & fp ccf.doe