Findings - CC - 2019 - FPUD-05-18 & FP-05-18 - 36 Lot Sh 44/Moon Valley RoadORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
AND i'INAL PLAT FOR BALD EAGLE
POINTE SUBDIVISION FOR BEP, L.L.C.
HNDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER i'iUD-O5-18 & i'r-O5-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 9, 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:
BEP, L.L.C., represented by Becky McKay with Engineering Solutions, LLP, is requesting final
development plan and final plat approvals for Bald Eagle Pointe Subdivision No. 1, a 36 -lot (31 -
buildable, 5 -common), residential subdivision. The 27.32 -acre site is located on the south side of West
State Street (SH -44) at the southeast corner of West State Street (SH -44) and West Moon Valley Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on April 2, 2018. A revised
narrative and final plat were provided to the City on May 30, 2019.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On July 25, 2017, the City Council approved a comprehensive plan map and text amendment,
annexation, rezone with development agreement, conditional use permit, preliminary development
plan, and preliminary plat for Bald Eagle Pointe Subdivision for Martin, LLC (CPA-01-17/A-01-
17/RZ-03-1 7/CU-0
1-17/PPUD-O 1-17/PP-O 1-17).
On November 14, 2017, the City Council approved the common area landscaping within Bald Eagle
Pointe Subdivision for Martin, LLC (DR -43-17).
On May 23, 2019, an extension of time was approved for the design review application (DR -43-17)
associated with the common area landscaping within Bald Eagle Pointe Subdivision (EXT -06-19).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated May 8, 2018, 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
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVII)ED 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 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.
• Pursuant to Site Specific Condition of Approval #15 identified in the City Council Findings of Fact and
Conclusions of Law, dated August 8, 2017, the applicant was required to add a new plat note which
states, "The 10 -foot wide pressure irrigation and pond easements shown or dedicated hereon are non-
exclusive, shall run with the land, are appurtenant to the adjoining common lot, and are hereby reserved
for access to and maintenance of the pressurized irrigation system and ponds located within Lot 1,
Block 2, and Lot 7, Block 3."
The final plat date stamped by the City on May 30, 2019, shows the pond associated with this phase as
Lot 2, Block 2. The final plat does not identify the rear lot line easements of the lots located adjacent
to the pond as being non-exclusive, run with the land, and being appurtenant to the adjoining common
lot, reserved for access to and maintenance of the pressurized irrigation system and pond located within
Lot 2, Block 2. The applicant should provide a revised final plat with a new plat note which states,
"Lots 1 and 4-17, Block 2, shall contain a 12 -foot wide pressure irrigation and pond easements as shown
or dedicated hereon are non-exclusive, shall run with the land, are appurtenant to the adjoining common
lot, and are hereby reserved for access to and maintenance of the pressurized irrigation system and
ponds located within Lot 2, Block 2. The revised final plat should be provided prior to the City Clerk
signing the final plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on July 9, 2019. 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-05-18 & FP -OS -18 for a final development plan and final plat
for Bald Eagle Pointe Subdivision for BEP, L.L.C. 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-03- 1 7/CU-O 1 - 1 7/PPUD-O 1-1 7/PP-O 1 - 17.
3. Comply with the conditions of FPDP-O1-18.
4. Comply with the conditions of DR -43-17.
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 15 -feet (living)
20 -feet (garage)
Rear 25 -feet
Side 7.5 -feet
Multi -story structures 5 -feet per story
Street Side 20 -feet
Maximum Coverage 40%
7. Provide a revised final plat with a new plat note which states, "Lots 1 and 4-17, Block 2, shall contain
a 12 -foot wide pressure irrigation and pond easements as shown or dedicated hereon are non-exclusive,
shall run with the land, are appurtenant to the adjoining common lot, and are hereby reserved for access
to and maintenance of the pressurized irrigation system and ponds located within Lot 2, Block 2. The
revised final plat shall be provided prior to the City Clerk signing the final plat.
8. All common area improvements within Bald Eagle Pointe Subdivision as specified on the approved
landscape plan (DR -43-17) 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 ACRD 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.
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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 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.
14. 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.
15. The applicant shall install at the entrances to Bald Eagle Pointe 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.
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. 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.
20. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
21. 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 Bald Eagle Pointe Subdivision prior to the
issuance of any building permits.
22. 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;
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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 23rd day of July 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
1Z—
Sharon K. Bergmann, Eagle City Clerk
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