Findings - CC - 2018 - FPUD-04-18 & FP-04-18 - Final Development Plan And Final Plat For Feldspar SubdivisionBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN AND
FINAL PLAT FOR FELDSPAR SUBDIVISION
FOR EAGLE SINGLE FAMILY, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-18 & FP -04-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 13, 2018. 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:
Single Family, LLC, represented by John Rennison, is requesting final development plan and final plat
approvals for Feldspar Subdivision, a 19 -lot (12 buildable, 7 common) residential planned unit
development. The 3.44 -acre site is located on the east side of North Taylor Street approximately 950 -
feet north of the intersection of West State Street and North Taylor Street at 368 North Taylor Street.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 2, 2018.
C. HISTORY OF PREVIOUS ACTIONS:
On November 14, 2017, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plan for Feldspar Planned Unit Development for Eagle Single Family, LLC.
(CU-03-17/PPUD-02-17/PP-02-17)
On November 28, 2017, the City Council approved the findings of fact and conclusions of law
associated with the Feldspar Planned Unit Development for Eagle Single Family, LLC. (CU-03-
17/PPU D-02-17/PP-02-17 )
On December 12, 2017, the City Council approved a reconsideration of Site Specific Condition of
approval #7 (pertaining to a reduction of the required setbacks and height limitation) for Single
Family, LLC. (CU-03-17/PPUD-02-17/PP-02-17)
On January 9, 2018, the City Council approved the findings of fact and conclusions of law associated
with the reconsideration of Site Specific Condition of Approval #7 (pertaining to a reduction of the
required setbacks and height limitation) for Single Family, LLC. (CU-03-17/PPUD-02-17/PP-02-17)
On February 27, 2018, the City Council approved the design review for the common area landscaping
for Feldspar Subdivision for Eagle Single Family, LLC. (DR -36-17)
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 28, 2017, and January 9, 2018
(reconsideration), 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:
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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: (All comments are based on the
final plat, date stamped by the city on February 2, 2018)
• Plat note #1 of the final plat states, "Unless otherwise designated and dimensioned hereon, there shall
be a permanent easement for public utilities, pressure irrigation, lot drainage over the twelve (12) feet
adjacent to any public street and twenty-two and one half (22.5') feet adjacent to the public right of
way around the cul-de-sac [sic]. This easement shall not preclude the construction of hard -surfaced
driveways and walkways to each lot."
The proposed subdivision is served by a private lane (Cinnabar Lane), only one (1) lot is fronted by a
public street (Lot 19, Block 1) which is North Taylor Street. The cul-de-sac referenced in the plat note
is also located adjacent to the private lane (Cinnabar Lane). The applicant should provide a revised
final plat with plat note #1 revised to state, "Unless otherwise designated and dimensioned hereon, all
front lot lines shall have a permanent twelve foot (12') wide easement for public utilities, pressure
irrigation, and lot drainage. Lots 16 and 17, Block 1, shall have a twenty-two and one-half feet (22.5')
wide public utilities, pressure irrigation, and lot drainage easement adjacent to the front lot lines. This
easement shall not preclude the construction of hard -surfaced driveways and walkways to each lot."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat notes #10 and #11 of the final plat identify Lot 8, Block 1, and Lot 13, Block 1, as common
lots/shared driveways which provide access to the adjacent buildable lots (Lots 9 and 10, Block 1, and
Lots 14 and 15, Block 1, respectively). The notes identify perpetual easements for the owners of the
adjacent lots and responsibility of maintenance by the homeowners association. However, the plat
notes do not identify ownership of the respective common lots. Plat note #5 of the final plat identifies
the common lots of the subdivision in respect to ownership and maintenance, however, Lots 8 and 13,
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Block 1, are not included within the referenced lots. The applicant should be required to provide a
revised final plat with plat note #5, regarding common lots, revised to include Lots 8 and 13, Block 1.
The revised final plat should be provided 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 there have been no significant changes from the preliminary
development plan and preliminary plat. 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 March 13, 2018. 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-04-18 & FP -04-18 for a final development plan and final plat
for Feldspar Subdivision for Eagle Single Family, LLC, 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 CU-03-17/PPUD-02-17/PP-02-17.
3. Comply with the conditions of DR -36-17.
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 final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
5. Provide a revised final plat with plat note #1 revised to state, "Unless otherwise designated and
dimensioned hereon, all front lot lines shall have a permanent twelve foot (12') wide easement for
public utilities, pressure irrigation, and lot drainage. Lots 16 and 17, Block 1, shall have a twenty-two
and one-half feet (22.5') wide public utilities, pressure irrigation, and lot drainage easement adjacent to
the front lot lines. This easement shall not preclude the construction of hard -surfaced driveways and
walkways to each lot." The revised final plat shall be provided prior to the City Clerk signing the final
plat.
6. Provide a revised final plat with plat note #5, regarding common lots, revised to include Lots 8 and 13,
Block 1. The revised final plat shall be provided prior to the City Clerk signing the final plat.
7. The required setbacks shall be as follows:
Front 15 -feet, 20 -feet to front load garage and 15 -feet to side load
Rear 15 -feet
Side 5 -feet
Street Side Not Applicable
Maximum Coverage 60%
The residential dwellings shall not exceed single -story (20 -feet maximum height).
Lot 20 is permitted to have a minimum width of 66 -feet.
8. All common area improvements within Feldspar Subdivision as specified on the approved landscape
plan (DR -36-17) shall be completed, or a surety shall be provided as required by Eagle City Code,
prior to the City Clerk signing the final plat.
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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. 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
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. The applicant shall schedule a preconstruction meeting with city staff regarding the construction of the
private road. Upon completion of the preconstruction meeting, the applicant shall submit a completed
preconstruction meeting verification form to staff prior to issuance of a "notice to proceed with
construction" letter to the project engineer.
13. 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.
14. The applicant shall provide an approval letter from the Eagle Water Company, prior to the issuance of
a "notice to proceed with construction" letter to the project engineer.
15. Provide documentation from the subdivision contractor indicating the septic system previously located
on the site was properly abandoned. The documentation shall be provided prior to the City Clerk
signing the final plat.
16. 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.
17. The applicant shall install at the entrances to Feldspar 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.
18. 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".
19. 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.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
21. The applicant shall provide an approval letter for completion of the central water system improvements
from the Eagle Water Company, or a surety shall be provided as required by Eagle City Code, prior to
the City Clerk signing the final plat.
22. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
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23. Provide a revised copy of the CC&Rs with the following language included:
(a) "All fencing located adjacent to open space, or in any required front or street side yard areas shall
be open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All
other fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be limited to four -feet (4') in height."
(b) In the event any of the CC&Rs are less restrictive than any government rules, regulations or
ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The
CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable government
bodies. In the event a governmental rule, regulation, law or ordinance would render a part of the
CC&Rs unlawful, then in such event that portion shall be deemed to be amended to comply with
the applicable rule, regulation, law or ordinance.
24. 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 Feldspar 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. The development will be initiated within one year of the date of approval based upon the
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 setbacks, proposed architecture of dwellings, and restricted height of the
dwellings, as specifically approved by the City is 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.
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DATED this 27th day of March 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
a Ridgew.r jo ayor
ATTEST:
Sharon K. Bergmann, Eagle City glerk
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