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Findings - CC - 2019 - FPUD-03-19 & FP-04-19 - Master Sign Plan/Multi Tenant Retail/Restaurant/Drugstore Building W/Drive-ThruBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION ) FOR A FINAL DEVELOPMENT PLAN ) AND FINAL PLAT FOR WILLIAMSON ) RIVER RANCH SUBDIVISION NO. 3 ) FOR WILLIAMSON RIVER RANCH, ) LLC — JEFFRY STODDARD ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER i'PUD-O3-19 & FP -04-19 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on June 11, 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: Williamson River Ranch, LLC — Jeffry Stoddard, represented by Becky Yzaguirre with The Land Group, Inc., is requesting final development plan and final plat approvals for Williamson River Ranch Subdivision No. 3, a 40 -lot (36 -buildable, 4 -common) residential subdivision. The 15.01 -acre site is generally located south of Williamson River Ranch No. 2 at the southern terminus of East Garden Brook Drive and South Lago Way. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on February 27, 2019. A revised final plat was submitted to the City on May 29, 2019. C. HISTORY: On October 10, 2017, the City Council approved a comprehensive plan map amendment, annexation, rezone with development agreement, preliminary development plan, and preliminary plat for Williamson River Ranch Planned Unit Development (formerly known as Isla Del Rio) (CPA -02-15/A- 02- 15/RZ-05- 15/CU-02-15JPPUD-0 1-15/PP-03-15). On February 23, 2017, the Design Review Board approved a design review application for the common area landscaping, pool, and poll house within Williamson River Ranch Subdivision for Williamson River Ranch, LLC (DR -02-17). On February 23, 2017, the Design Review Board approved an entry sign for Williamson River Ranch Subdivision for Williamson River Ranch, LLC (DR -03-17). On June 13, 2017, the City Council approved a City of Eagle appeal of the Design Review Board decision regarding DR -02-17 for the design and alignment specifications for the 10 -foot wide public pathway within Williamson River Ranch Subdivision (AA-03-17/DR-02-17). On January 23, 2018, the City Council approved a final development plan/final plat for Williamson River Ranch Subdivision No. 1 for Jeffry Stoddard (F'PUD-06-17/FP-21-17). On July 20, 2018, Williamson River Ranch Subdivision No. 1 final plat was recorded at the Ada County Recorder's Office. On September 11, 2018, the City Council approved a final development plan/final plat for Williamson River Ranch Subdivision No. 2 for Jeffry Stoddard (FPUD- 10-1 8/F'P- 12-18). Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Williamson River Ranch Sub No. 3 fpud & fp ccf.docx On May 20, 2019, Williamson River Ranch Subdivision No. 2 final plat was recorded at the Ada County Recorder's Office. D. PRELIMINARY PUD/PLAT r1NDINGS: City Council Findings of Fact and Conclusions of Law dated, October 25, 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 (based on the final plat, date stamped by the City on May 29, 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 herein. REVIEW BY THE COUNCIL: A review by the City Council was completed on June 11, 2019. The Council made their decision at that time. The minutes are incorporated herein by reference. Page 2 of 5 KAPlanning Dept\Eagle Applications\SUBS\2019\Williamson River Ranch Sub No. 3 fpud & fp ccf.docx COUNCIL DECISION: The Council voted 4 to 0 to approve F'PUD-03-19 & FP -04-19 for a final development plan and final plat for Williamson River Ranch Subdivision No. 3 for Williamson River Ranch, LLC. — Jeffry Stoddard 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-05-15/CU-02- 15/PPUDO1- 15/PP-03- 15. 3. Comply with the conditions of DR -02-17. 4. Comply with all conditions of approval of F'PDP-01--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. The applicant shall complete the greenbelt pathway. Upon completion of construction of the greenbelt pathway and prior to the acceptance of the greenbelt pathway by the City, the Owner shall 1) submit a survey stamped and prepared by a professional land surveyor demonstrating that the greenbelt pathway was constructed within the easement area, and 2) submit a letter from the design engineer indicating that the pathway was constructed in substantial compliance with the approved plans and specifications. The greenbelt pathway shall be completed prior to the City Clerk signing the final plat. 7. The following setbacks and lot coverage requirements shall apply: Front 20-feet/living area, 25-feet/garage (front load) Rear 20 -feet Interior Side story) Street Side 7.5 -feet (first story)/(additional 5 -feet per story, measured to the second 15 -feet (living area), 25-feet/garage (front load) Maximum lot coverage 40% 8. All common area improvements within Williamson River Ranch Subdivision No. 3 as specified on the approved landscape plan (DR -02-17) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 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 Page 3 of 5 KAPlanning Dept\Eagle Applications\SUBS\2019\Williamson River Ranch Sub No. 3 fpud & fp ccf.docx a "notice to proceed with construction" to the applicant's designated representative. 12. 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. 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. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and prohibited on Sunday. The applicant shall install at the entrance to the Williamson River Ranch Subdivision No. 2 a 4' x 4' plywood or other hard surface sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash. 15. The applicant shall install at the entrances to Williamson River Ranch Subdivision No. 3, 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. 16. 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." 17. 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. 18. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to the City Clerk signing the final plat. 19. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 20. 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. 21. 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. 22. 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 Williamson River Ranch Subdivision No. 3, 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; Page 4 of 5 K:\Planning Dept\Eagle Applications\SUBS\2019\Williamson River Ranch Sub No. 3 fpud & fp ccf.docx 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. DATED this 25t' day of June 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, SI� ATTEST: OAA --‹A-_ I Sharon K. Bergmann, Eagle 00IIII1111,♦ OFE�q sisis ��•••.••.•C� (.>".v0R ••t^ 4� /9�' • • ° • • 4.' • '* : SEAL ,,0,?,, ,,,,0 \o'C'Y 0 4:7 ;4,••••••••• �,� � P s OF VO ,,,•IIf111I1'1tt Page 5 of 5 K:APlanning Dept\Eagle Applications\SUBS\2019\Williamson River Ranch Sub No. 3 fpud & fp cct.docx