Findings - CC - 2016 - FPUD-04-16 & FP-09-16 - Final Da And Fp For Foxglove Estates Subd No 2Ask,
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR FOXGLOVE ESTATES SUBDIVISION
NO. 2 FOR LINDER 17 INVESTMENT, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-16 & FP -09-16
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on September 13, 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:
Linder 17 Investment, LLC, represented by Allison Findlay, is requesting final development plan and
final plat approvals for Foxglove Estates Subdivision No. 2, a 22 -lot (17 -buildable, 5 -common)
residential subdivision. The 8.33 -acre site is generally located at the northwest corner of North Linder
Road and West Saguaro Drive.
B. APPLICATION SUBMITTAL DATE:
The application for this item was received by the City of Eagle on June 7, 2016. Revised plans were
received on July 22, 2016 and August 1, 2016.
C. HISTORY:
On August 8, 2006, the City Council approved an annexation, rezone with development agreement,
conditional use permit, preliminary development plan, and preliminary plat (A-09-05/RZ-13-05/CU-
12-05/PPUD-13-05/PP-01-06) for the Legacy Planned Community.
On August 28, 2007, the City Council approved the final development plan and final plat (FPUD-01-
07/FP-01-07/ FP -02-07), for Mosca Seca Subdivision Phases No. 1 & No. 2.
On September 18, 2007, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD) to the development agreement to provide a time schedule for
the build -out of the Academy Core area located within Mosca Seca Subdivision (located within the
Legacy Planned Unit Development).
On February 19, 2008, the City Council approved a modification to the Conditions of Development
and associated exhibits (RZ-13-05 MOD 2) within the development agreement to address the
percentage of allowable second story square footage in relationship to the first floor for homes located
on lots less than 8,000 -square feet in size, the provisions of private roads, construction flooring
material for attached single-family dwellings, and the Memorandum of Agreement regarding the on-
site municipal water system.
On March 11, 2008, the Mosca Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
On August 25, 2008, the Mosca Seca Subdivision No. 2 final plat was recorded at the Ada County
Recorder's office.
On October 13, 2009, the City Council approved an extension of time (EXT -12-09) for the preliminary
plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2010.
Page 1 of 7
K:U'tanaing DcptUiaglc Applications\SUBS120I6Woxglow Estates Sub No. 2 fp & fpud cctdoc
On November 9, 2010, the City Council approved an extension of time (EXT -07-10) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2011.
On September 13, 2011, the City Council approved an extension of time (EXT -06-11) for the
preliminary plat for Mosca Seca Subdivision (PP -01-06) to be valid until August 25, 2012.
On June 26, 2012, the City Council approved a modification to the Conditions of Development and
associated exhibits (RZ-13-05 MOD 3) within the development agreement to address the allowed
density, modify the open space by removing the requirement to construct the sports academies, and
address the condition of development regarding a school site.
On August 14, 2012, the City Council approved the final development plan and final plat (FPUD-01-
12/FP-01-12), for Snoqualmie Falls Subdivision No. 1.
On September 25, 2012, the Snoqualmie Falls Subdivision No. 1 final plat was recorded at the Ada
County Recorder's office.
On January 8, 2013, the City Council approved the final development plan and final plat (FPUD-02-
12/FP-04-12), for Snoqualmie Falls Subdivision No. 2.
On March 21, 2013, the Snoqualmie Falls Subdivision No. 2 final plat was recorded at the Ada
County Recorder's office.
On June 11, 2013, the City Council approved the final development plan and final plat (FPUD-02-
13/FP-06-13), for Snoqualmie Falls Subdivision No. 3.
On July 25, 2013, the Eagle Design Review Board approved a design review application (DR -31-13),
for the common area landscaping within Foxglove Subdivision.
On November 12, 2013, the City Council approved the conditional use, preliminary development plan,
and preliminary plat (CU-04-13/PPUD-04-13/PP-06-13), for Foxglove Estates Subdivision.
On September 9, 2014, the City Council approved the final development plan and final plat (FPUD-
04-14/FP-13-14) for Foxglove Estates Subdivision No. 1.
On June 14, 2015, the Foxglove Estates Subdivision No. 1 final plat was recorded at the Ada County
Recorder's office.
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 26, 2013, 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;
Page 2 of 7
K:U'lanning Dcpt\Eagle Applications1SUBS12016Woxglove Estates Sub No. 2 Fp & fpud ccf.doc
taw
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 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
preliminary development plan and preliminary plat. It is staffs opinion that the final development plan
and final plat are in substantial compliance with the preliminary development plan and preliminary plat
with the conditions recommended herein.
• Plat note #3 of the final plat, date stamped by the city on June 7, 2016, states, "All lot sizes shall meet
dimensional standards as established in the Eagle City Zoning Ordinance or as specifically approved
by the conditions of the development for the City of Eagle RZ-13-05 recorded as instrument No.
106161990, records of Ada County, Idaho and any subsequent modification(s)." The applicant should
provide a revised final plat with note #3 revised to state, "Development of this property shall be in
conformance with the City of Eagle Zoning Ordinance or as per the applicable approved development
agreement associated with RZ-13-05 or any subsequent modifications," prior to the City Clerk signing
the final plat.
• The final plat, dated stamped by the city on June 7, 2016, does not include a note indicating that the
pressurized irrigation system is to be owned and maintained by the Homeowner's Association. The
applicant should provide a revised final plat showing a new note that states, "The pressurized irrigation
system is to be owned and maintained by the Homeowner's Association" prior to the City Clerk
signing the final plat.
• Plat note #2 of the final plat, date stamped by the city on June 7, 2016, states, "Unless otherwise
designated and dimensioned hereon, there shall be a permanent easement for public utilities, irrigation
and lot drainage over the six (6) feet adjacent to all interior side lot lines and over the twelve (12) feet
adjacent to all rear lot lines." The applicant should provide a revised final plat with note #2 indicating
a five (5) foot easement adjacent to all interior side lot lines to reflect the five (5) foot interior side
setback previously approved with the preliminary plat, prior to the City Clerk signing the final plat.
Page 3 of 7
K:lplatuting DepI'Eagk ApplicationssSUDS120161Foxglovc Estates Sub No. 2 fp & fpud ccf.doc
• The CC&Rs, dated stamped by the city on June 7, 2016, do not contain the government rules and
ordinances clause. The applicant should provide revised CC&Rs that include the following language:
"Government Rules and Ordinances. In the event any of these CC&R are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. These 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 these 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," prior to the City Clerk signing the
final plat.
• The approved Foxglove Estates Subdivision site and landscape plan, date stamped by the city on May
29, 2014, shows a street light at the intersection of West Saguaro Drive and North Racing Water Way
on the west side. Upon completion of the Planning and Zoning Department landscape inspection for
Foxglove Estates Subdivision No. 1, it was determined the power was located on the east side of North
Racing Water Way, therefore, the street light located on the west side of North Racing Water Way
would be installed in Phase 2. The applicant should provide a revised street light plan showing a street
light at the intersection of North Racing Water Way and West Saguaro Drive located on the west side
of North Racing Water Way prior to the City Clerk signing the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on September 13, 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-04-16 & FP -09-16 for a final development plan and final plat
for Foxglove Estates Subdivision No. 2 for Linder 17 Investment, 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-13-05 and any subsequent modifications.
3. Comply with the conditions of DR -31-13, DR -31-13 MOD, and any subsequent modifications.
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. The applicant shall provide a revised final plat with plat note #3, revised to state, "Development of this
property shall be in conformance with the City of Eagle Zoning Ordinance or as per the applicable
approved development agreement associated with RZ-13-05 or any subsequent modifications." The
revised final plat shall be provided prior to the City Clerk signing the final plat.
6. The applicant shall provide a revised final plat with a new plat note added to state "The pressurized
irrigation system is to be owned and maintained by the Homeowner's Association," prior to the City
Clerk signing the final plat.
7. The applicant shall provide a revised final plat with plat note #2 revised to state, "Unless otherwise
designated and dimensioned hereon, there shall be a permanent easement for public utilities, irrigation
and lot drainage over the five (5) feet adjacent to all interior side lot lines and over the twelve (12) feet
adjacent to all rear lot lines," prior to the City Clerk signing the final plat.
Page 4 of 7
K:WLutning Ucpt1Eagk ApplicatiortdSUBS120161Foxglo a Estates Sub No. 2 fp & fpud ccf.doc
8. The applicant shall provide revised CC&Rs that include the following language:
"Government Rules and Ordinances. In the event any of these CC&R are less restrictive than any
government rules, regulations or ordinances, then the more restrictive government rule, regulation or
ordinances shall apply. These 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 these 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," prior to the City Clerk signing the
final plat.
9. Provide a street light plan showing a street light at the intersection of North Racing Water Way and
West Saguaro Drive located on the west side of North Racing Water Way. The revised street light plan
shall be provided prior to the City Clerk signing the final plat.
10. All common area improvements within Foxglove Estates Subdivision No. 2, as specified on the
approved landscape plan (DR -31-13 MOD) shall be completed or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
11. 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.
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 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.
14. 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.
15. Provide an approval letter signifying completion of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
16. 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.
17. 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.
18. 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.
Page 5 of 7
K:U°lanning Dept\Eagle ApplicationslSUBS121116\Foxglove Estates Sub No. 2 fp & spud ccLdoc
19. The applicant shall install at the entrances to Foxglove Estates Subdivision No. 2, 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.
20. 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".
21. 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.
22. The applicant shall provide a public access easement from ACHD approving the sidewalk located on
the lots prior to the City Clerk signing the final plat.
23. Provide a license agreement from ACHD approving the landscaping located within the public right-of-
way abutting and within this site prior to the City Clerking signing the final plat.
24. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
25. 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 Foxglove Estates Subdivision No. 2,
prior to the issuance of any building permits.
26. All overhead utilities serving the site shall be located underground.
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 second phase of 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 and setbacks 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 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 27th day of September 2016.
Page 6 of 7
K:U'lanning fkptlEaglc Applications\SUBS12016Wozglove Estates Sub No. 2 fp & fpud ccf.doc
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan ' idgeway, Mayor
ATTEST:
/I (a
, 4 --
Sharon Bergmann, Eagle C'ty Clerk
Page 7 of 7
Eaglets? Common Planning Dept Eagle Applications SUBS 2016 Foxglove Lstates Sub No 2 fp & fpud ccf dor