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Findings - CC - 2019 - FPUD-01-19 & FP-01-19 - 64 Lot Residential Subd.; 50.92 Acres.BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR CREIGHTON WOODS SUBDIVISION FOR CREIGHTON WOODS DEVELOPMENT, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER i'PUD-01-19 & VP -01-19 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on May 28, 2019. 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: Creighton Woods Development, Inc., represented by Tamara Thompson with The Land Group, Inc., is requesting final development plan and final plat approvals for Creighton Woods Subdivision, a 64 -lot (58 -buildable, 6 -common), residential subdivision. The 50.92 -acre site is located south of the South Channel of the Boise River between the terminus of West Oakhampton Drive on the east and the terminus of East Clear Creek Drive on the west. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on February 1, 2019. A revised final plat was provided on May 15, 2019. C. HISTORY OF REVELANI' PREVIOUS ACTIONS: On July 13, 1993, the City Council approved an annexation, rezone, and preliminary and final plat for Creighton Heights Subdivision for Mark and Carlene Canfield. (A-93/RZ-93/PP-93/FP-93) On May 9, 2000, the City Council approved an annexation, rezone, and preliminary plat for Wedgewood Subdivision for Creighton — Westbend, LC. (A-02-00/RZ-01-00/PP-02-00) On September 12, 2000, the City Council approved the subdivision landscaping and entry signs for Wedgewood Subdivision for Creighton — Westbend, LC. (DR -40-00) On April 10, 2001, the City Council approved the final plat for Carlene Estates Subdivision (formerly known as Wedgewood Subdivision) for Wedgewood, LC. (FP -OS -01) On February 10, 2015, the City Council approved an annexation and rezone for Shane and Sharon Mace. (A-04- 14/RZ-04- 14) On August 28, 2017, the Zoning Administrator approved a lot line adjustment for Mark Canfield and Shane and Sharon Mace (original property line located between 1960 West Joplin Lane [Mace property] and 2050 West Joplin Lane [Canfield property]). (LLA -11-17) On May 8, 2018, the City Council approved an annexation, rezone from RUT (Residential -Urban Transition — Ada County designation), R -E (Residential -Estates), and R-1 (Residential) to R -2 -DA -P (Residential with a development agreement — PUD), conditional use permit, preliminary development plan and preliminary plat approvals for Creighton Woods Subdivision, a 64 -lot (58 residential, 6 common) residential planned unit development (A-05- 17/RZ-09-17/CU- 14-17/PPUD-08- 17fPP-09- 17 ) Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Creigthon Woods Sub fp & fpud ccf.docx On July 24, 2018, the City Council approved the common area within Creighton Woods Subdivision for Creighton Woods Development, Inc. (DR -27-18). On March 27, 2019, a Floodplain Development Permit application was submitted for Creighton Woods Subdivision (FPDP-O1-19). D. PRELIMINARY PUD/PLAT HNDINGS: City Council Findings of Fact and Conclusions of Law dated May 8, 2018, are incorporated herein by reference. E. riNDINGS 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. STAF'I' ANALYSIS PROVIDED WITHIN THE STAFF REPORT (based on thefinalplat, date stamped by the City on May 15, 2019): • 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 within the staff report. REVIEW BY THE COUNCIL: A review by the City Council was completed on May 28, 2019. The Council made their decision at that time. The minutes are incorporated herein by reference. Page 2 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Creigthon Woods Sub fp & fpud ccf.docx COUNCIL DECISION: The Council voted 4 to 0 to approve FPUD-01-19 & FP -01-19 for a final development plan and final plat for Creighton Woods Subdivision for Creighton Development, Inc., with the following 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-09-17/CU-14-.17/PPUD-08-17fPP-09-17. 3. Comply with the conditions of FPDP-01-19. 4. Comply with the conditions of DR -27-18. 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 following setbacks and lot coverage requirements shall apply: Front 20 -feet living area, 25 -feet garage Rear 25 -feet Interior Side 7.5 -feet (first story) 5 -feet (each additional story) Street Side 20 -feet Street Side (with front load garage facing street) 25 -feet Maximum Lot Coverage 40% 7. All common area improvements within Creighton Woods Subdivision as specified on the approved landscape plan (DR -27-18) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 8. 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. 9. At the time of providing surety information the applicant shall provide a schedule that depicts the timing for completion of the required improvements. 10. 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. 11. 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. Page 3 of 5 K:\Planning DeptTagle Applications\SUBS\2019\Creigthon Woods Sub fp & fpud ccf.docx 12. 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. 13. The applicant shall install at the entrances to Creighton Woods 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. 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 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. 16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to the City Clerk signing the final plat. 17. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 18. 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 Creighton Woods Subdivision prior to the issuance of any building permits. 19. 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. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area shall be open -style and limited to four -feet (4') in height. 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 lot sizes and setbacks as specifically approved by the City will allow for 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; Page 4 of 5 KAPlanning Dept\Eagle Applications\SUBS\2019\Creigthon Woods Sub fp & fpud ccf.docx 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 11' day of June 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon . Bergmann, Eagle City Cl: k Page 5 of 5 K:APlanning Dept\Eagle Applications\SUBS\2019\Creigthon Woods Sub fp & tpud cct:docx