Findings - CC - 2016 - FPUD-02-16 & FP-04-16 - Development Plan And Final Plat For Eaglefield Commons Subd No 1BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR EAGLEFIELD COMMONS )
SUBDIVISION NO. 1 FOR THE PRESERVE, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-16 & FP -04-16
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 26, 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:
The Preserve, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final
development plan and final plat approvals for Eaglefield Commons Subdivision No. 1, an 18 -lot (16 -
buildable, 2 -common) residential subdivision. The 4.78 -acre site is generally located on the north side
of W. Escalante Drive approximately 960 -feet north of the intersection of N. Linder Road and State
Highway 44.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on March 29, 2016.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On July 5, 2006, the City Council approved an annexation, rezone with a development agreement,
conditional use, preliminary development plan, preliminary plat approvals for Eaglefield Estates II
Subdivision planned unit development(A-10-06/RZ-12-06/CU-04-06/PPUD-02-06/PP-12-06).
On June 10, 2008, the City Council approved a preliminary plat extension of time for Eaglefield
Estates II Subdivision to be valid until August 26, 2009 (EXT -06-08).
On August 25, 2009, Eaglefield, LLC, represented by Clint Boyle with Landmark Engineering and
Planning, submitted an Extension of Time application for Eaglefield Estates II Subdivisions (EXT -13-
09).
On October 27, 2009, the City Council remanded the Extension of Time application for Eaglefield
Estates II Subdivisions to staff (EXT -13-09).
The approval of the preliminary plat for Eaglefield Estates II Subdivision expired on August 26, 2009.
The development agreement associated with the rezone for the Eaglefield Estates II Planned Unit
Development expired on August 21, 2014 (RZ-12-06).
On November 10, 2015, the City Council approved a development agreement modification to the
rezone, conditional use permit, preliminary development plan, and preliminary plat applications for
Eaglefield Commons Planned Unit Development (RZ-12-06 MOD/CU-10-15/PPUD-04-15/PP-10-15).
On March 10, 2016, the Design Review Board approved a design review application for the common
area landscaping within Eaglefield Commons Subdivision No. 1 (DR -03-16).
On April 4, 2016, the Amended and Restated Development Agreement was executed (RZ-12-06
MOD).
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_ D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 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
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 to the preliminary
development plan and preliminary plat.
• It is staffs 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 April 26, 2016. The Council made their decision at that
time. The minutes are incorporated herein by reference.
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01%, COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-02-16 & FP -04-16 for a final development plan and final plat
for Eaglefield Commons Subdivision No. 1 for The Preserve, 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 conditions within the development agreement for rezone application RZ-12-06 MOD.
3. Comply with all applicable requirements of CU -10-15, PPUD-04-15, and PP -10-15.
4. Comply with the conditions of DR -03-16 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. 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.
7. The applicant shall not construct any 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 project engineer.
8. Provide an approval letter for completion of sewer improvements from the Eagle Sewer District, prior
to the City Clerk signing the final plat.
9. The applicant shall provide a license agreement from ACHD approving the landscaping within the
public rights -of way -abutting and within this site, prior to the City Clerk signing the final plat.
10. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to
the City Clerk signing the final plat.
11. All common area improvements shall be completed or a surety shall be provided as required by Eagle
City Code, prior to the City Clerk signing the final plat.
12. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
13. 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.
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 install at the entrances to Eaglefield Commons Subdivision No. 1, 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.
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16. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the subdivision's Architectural Control Committee.
Building permit applications that do not have an approval letter attached will not be accepted.
17. Provide two (2) full size copies of the recorded final plat, and an 8 1/2" x 11" recorded copy of the
final plat of Eaglefield Commons Subdivision No. 1, prior to the issuance of any building permits.
18. Provide a copy of the recorded amended CC&Rs for Eaglefield Commons Subdivision No. 1
identifying it being annexed into the existing CC&Rs for the Eaglefield Estates development, 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.
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DATED this 24th day of May 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor < <
ATTEST:
Sharon K. Bergmann, Eagle City Cle k
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