Findings - CC - 2018 - FPUD-08-18 & FP-08-18 - Final Development Plan And Final PlatBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN AND
FINAL PLAT FOR RIVERFUND FIVE SIX
FIVE SUBDIVISION FOR MWDF 565
RIVERWALK, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-08-18 & FP -08-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 28, 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:
Andrew Menlove — MWDF 565 Riverwalk, LLC, represented by Jason Densmer, P.E, with The Land
Group, Inc., is requesting final development plan and final plat approvals for Riverfund Five Six Five
Subdivision (formerly known as HCR/Level 3 Subdivision — Phase 3), an 11 -lot (7 -buildable, 3 -
common, 1 -non -buildable) residential subdivision. The 3.94 -acre site is located on the southwest
corner of South River Creek Avenue and West State Street (Hwy 44) at 5335 West State Street.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City on May 9, 2018. A revised final plat was
provided to the City on August 24, 2018.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On April 23, 2013, the City Council approved an annexation and rezone from RUT (Rural -Urban
Transition — Ada County Designation) to R -4 -DA -P (Residential - four units per acre with a
development agreement — planned unit development), R -4 -DA -P (Residential - four units per acre with
a development agreement — PUD), conditional use, preliminary development plan, and preliminary
plat, for HCR/Level 3 Planned Unit Development for this site. (A-04-12/ RZ-06-12/CU-05-12/PPUD-
03-12/PP-04-12)
On July 25, 2013, the Design Review Board approved a design review application for the common
area landscaping for HCR/Level 3 Subdivision for Home Capital Resources (DR -30-13).
On September 24, 2013, the City Council approved a final development plan and final plat for
HCR/Level 3 Subdivision Phase 1 for Level 3 Development, LLC (FPUD-04-13/FP-13-13).
On February 11, 2014, the City Council approved a final plat modification for Level 3 Subdivision No.
1 (aka River Walk Subdivision) for Level 3 Development LLC (FP -13-13 MOD).
On July 11, 2014, the HCR/Level 3 Subdivision Phase 1 final plat was recorded at the Ada County
Recorder's office.
On July 14, 2015, the City Council approved a final development plan and final plat for HCR/Level 3
Subdivision No. 2 for Home Capital Resources (FPUD-06-15/FP-07-15).
On January 19, 2016, the HCR/Level 3 Subdivision Phase 2 final plat was recorded at the Ada County
Recorder's Office.
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On June 28, 2016, the City Council approved an annexation, rezone from RUT (Rural -Urban
Transition — Ada County designation) to R -4 -DA -P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat approvals for
HCR/Level 3 Subdivision — Phase 3(A-02-16/RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16).
On October 27, 2016, the Design Review Board approved the common area landscaping within
HCR/Level 3 Subdivision No. 3 for Home Capital Resources, LLC (DR -63-16).
On October 27, 2017, the design review approval of the common are landscaping within HCR/Level 3
Subdivision No. 3 for Home Capital Resources, LLC, expired (DR -63-16).
On February 27, 2017, the City Council approved a preliminary plat extension of time to be valid until
July 12, 2018 (EXT -06-17).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated July 12, 2016, 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
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 August 24, 2018)
• The City Engineer and Planning staff have 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
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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.
• Condition of Development #3.9 of the development agreement states, "Owner shall provide and
construct, in accordance with the provisions of Eagle City Code Section 9-4-1-6, a minimum 10 -foot
wide concrete pathway along the portion of the Property located adjacent to West State Street (SH -44)
and a 10 -foot wide greenbelt pathway, improved with compacted crushed cinders, located adjacent to
the Boise River prior the City Clerk signing the final plat. A surety for the construction of the
pathways will not be accepted, therefore the pathways shall be completed prior to the City Clerk
signing the final plat. The specific location and design of the pathways shall be approved by the City of
Eagle Park and Pathway Development Commission prior to submittal of a design review application.
The cinder material utilized for the greenbelt pathway shall be reviewed and approved by the City of
Eagle Parks and Recreation Director prior to installation of the cinder material. The pathways shall be
located in a recorded easement or easements dedicated to and accepted by Eagle as provided in Eagle
City Code Section 9-4-1-6(E) (2). The instrument number of the recorded easement or easements shall
be referenced on the face of the plat, upon recordation of the final plat(s) wherein the pathway is
located. Other than any pathways approved by Eagle, development within the Floodway shall be
prohibited."
The final plat delineates and identifies a 13.65 -foot City of Eagle pathway easement located adjacent
to West State Street (SH -44). Pursuant to Eagle City Code Section 9-4-1-6(D)(1) regional pathways
such as the Boise River greenbelt and pathways located adjacent to major roadways shall be located
with a 20 -foot wide pedestrian pathway easement. The applicant should be required to provide a
revised final plat showing the pathway easement located adjacent to West State Street (SH -44) a
minimum of 20 -feet in width. The revised final plat should be provided prior to the City Clerk signing
the final plat.
• Site Specific Condition of Approval #11 of the planned unit development/preliminary plat states,
"Provide a revised preliminary plat showing the pressure irrigation (PIRR) lines located within an
irrigation easement prior to submittal of a final plat application."
Plat note #3 of the final plat indicates the rear lot lines have a 12 -foot wide public utilities, property
drainage, and property irrigation easement, unless dimensioned otherwise said drainage and irrigation
easements are reserved for the Riverwalk Subdivision Owners Association. The applicant provided a
preliminary plat, date stamped by the City on May 9, 2018, which shows the pressurized irrigation line
located on Lots 1-3, Block 2, located outside of the easement area. The applicant should be required to
provide a revised final plat showing the pressurized irrigation line located within a 12 -foot wide
pressurized irrigation easement located within Lots 1-3, Block 2. The revised final plat should be
provided prior to the City Clerk signing the final plat.
• Site Specific Condition of Approval #28 of the planned unit development/preliminary plat states, "A
minimum 12 -foot wide perimeter easement (measured from the top of bank) shall be provided around
the pond associated with the pressurized irrigation system."
The final plat does not delineate a 12 -foot wide perimeter easement (measured from the top of bank of
the existing pond) located within Lots 1-3, Block 2. The applicant should be required to provide a
revised final plat delineating a 12 -wide perimeter easement (measured from the top of bank of the
existing pond) located within Lots 1-3, Block 2. The revised final plat should be provided prior to the
City Clerk signing the final plat.
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• Site Specific Condition of Approval #29 of the planned unit development/preliminary plat states, "All
required infrastructure and common area amenities in HCR/Level 3 Subdivision Phase 1 and Phase 2
and all related issues identified in this public hearing, excluding the pool and pool clubhouse, shall be
completed prior to submittal of a final plat application for HCR/Level 3 Subdivision Phase 3. The pool
and pool clubhouse shall be completed no later than December 31, 2016."
With the approval of the preliminary plat extension of time (EXT -06-17) the timing of the completion
of the required infrastructure, common area amenities, pool and pool clubhouse were readdressed. The
applicant was required to complete the pool, pool house, and pavilion on or before May 24, 2018. The
required infrastructure and common area amenities located within HCR/Level 3 Subdivision Phase 1
and Phase 2 were required to be completed on or before August 1, 2018. The applicant has not
scheduled a final inspection of the required infrastructure, common area amenities, pool, pool house,
and pavilion so it is unknown if the improvements are completed. The applicant should be required to
schedule a final inspection of the required infrastructure, common area amenities, pool, pool house,
and pavilion located within HCR/Level 3 Subdivision Phase 1 and Phase 2, prior to the City issuing a
"Notice to Proceed" with construction letter for Riverfund Five Six Five Subdivision.
• Plat note #21 states, "Portions of this subdivision are located within an area of special flood hazard
(ASFH) as identified on the Flood Insurance Rate Map (FIRM) panel 16001C0135H (in effect at the
time of final plat approval) and are subject to the regulations of Eagle City Code Title 10 Flood
Control. Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside
identified floodplain and floodway boundary areas."
The plat note references that the area of special flood hazard (ASFH) is the area identified by the
FIRM in effect at the time of final plat approval. There are currently new flood insurance maps that are
in the process of adoption. Also, future flood studies may warrant changes to the existing map or
future maps. The adoption of future FIRMs will supersede the current FIRM that is in effect. The
applicant should be required to provide a revised final plat with plat note #21 revised to state,
"Portions of this subdivision are located within an area of special flood hazard (ASFH) as identified on
the Flood Insurance Rate Map (FIRM) panel 16001C0135H and are subject to the regulations of Eagle
City Code Title 10 Flood Control. Sheet flooding can and will occur and floods of greater magnitude
may inundate areas outside identified floodplain and floodway boundary areas." The revised final plat
should be provided prior to the City Clerk signing the final plat.
• The final plat contains plat notes that reference the Riverfund Five Six Five Subdivision Owners
Association several times. The proposed subdivision contains a storm water/pressurized irrigation
pond associated with the adjacent HCR/Level 3 Subdivision (Riverwalk Subdivision). Since the pond
serves the adjacent subdivision, their homeowners association should also be responsible for the
operation and maintenance of the pond. Staff has been in contact with both the applicant and the
president of the Riverwalk Subdivision Owners Association. It is staff's understanding that Riverfund
Five Six Five Subdivision will be incorporated into the Riverwalk Subdivision Owners Association.
Upon incorporation, the applicant should provide a revised final plat with the plat notes referencing the
Riverfund Five Six Five Subdivision Owners Association revised to state Riverwalk Subdivision
Owners Association. The revised final plat should be provided prior to the City Clerk signing the final
plat. Upon incorporation of Riverfund Five Six Five Subdivision into the Riverwalk Subdivision
Owners Association, the applicant should provide proof of said incorporation to the City and a copy of
the recorded CC&Rs, prior to the issuance of building permits.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 28, 2018. The Council made their decision at that
time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-08-18 & FP -08-18 for a final development plan and final plat
for Riverfund Five Six Five Subdivision for MWDF 565 Riverwalk, 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 RZ-02-16/CU-03-16/PPUD-01-16/PP-01-16.
3. Comply with the conditions of DR -63-16.
4. Comply with all conditions of approval of FPDP-02-16.
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 showing the pathway easement located adjacent to West State Street (SH -
44) a minimum of 20 -feet in width. The revised final plat shall be provided prior to the City Clerk
signing the final plat.
7. Provide a revised final plat showing the pressurized irrigation line located within a 12 -foot wide
pressurized irrigation easement located within Lots 1-3, Block 2. The revised final plat shall be
provided prior to the City Clerk signing the final plat.
8. Provide a revised final plat delineating a 12 -wide perimeter easement (measured from the top of bank
of the existing pond) located within Lots 1-3, Block 2. The revised final plat shall be provided prior to
the City Clerk signing the final plat.
9. The applicant shall schedule a final inspection of required infrastructure, common area amenities, pool,
pool house, and pavilion located within HCR/Level 3 Subdivision Phase 1 and Phase 2, prior to the
City issuing a "Notice to Proceed" with construction letter for Riverfund Five Six Five Subdivision.
10. Provide a revised final plat with plat note #21 revised to state, "Portions of this subdivision are located
within an area of special flood hazard (ASFH) as identified on the Flood Insurance Rate Map (FIRM)
panel 16001C0135H and are subject to the regulations of Eagle City Code Title 10 Flood Control.
Sheet flooding can and will occur and floods of greater magnitude may inundate areas outside
identified floodplain and floodway boundary areas." The revised final plat shall be provided prior to
the City Clerk signing the final plat.
11. Upon incorporation of the Riverfund Five Six Five Subdivision into the Riverwalk Subdivision
Owners Association, the applicant shall provide a revised final plat with the plat notes referencing the
Riverfund Five Six Five Subdivision Owners Association revised to state Riverwalk Subdivision
Owners Association. The revised final plat shall be provided prior to the City Clerk signing the final
plat. Upon incorporation of Riverfund Five Six Five Subdivision into the Riverwalk Subdivision
Owners Association, the applicant shall provide proof of said incorporation to the City and a copy of
the recorded CC&Rs, prior to the issuance of building permits.
12. The following setbacks and lot coverage requirements shall apply:
Front 20-feet/25-feet Garage (front -load)
Rear 25 -feet
Interior Side 7.5 -feet
Additional Setback for
Multi -story structures 5 -feet per story
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Street Side 20 feet
13. All common area improvements within Riverfund Five Six Five Subdivision as specified on the
approved landscape plan (DR -63-16) shall be completed or a surety shall be provided as required by
Eagle City Code prior to the City Clerk signing the final plat.
14. 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.
15. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
16. 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.
17. 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.
18. 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.
19. 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.
20. The applicant shall install at the entrances to Riverfund Five Six Five 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.
21. 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".
22. 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.
23. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
24. 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.
25. 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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26. 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 Riverfund Five Six Five 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;
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.
DATED this 11th day of September 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Sharon K. Bergmann, Eagle City Clerk
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