Findings - CC - 2019 - FPUD-04-19 & FP-05-19 - 18-Lot Subd 341 N Linder RoadBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A I1NAL DEVELOPMENT PLAN
AND HNAL PLAT FOR ENFIELD
COMMONS SUBDIVISION FOR NINE 4S, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER i'PUD-O4-19 & i'P-O5-19
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:
Nine 4S, LLC, represented by Becky McKay with Engineering Solutions, LLP, is requesting final
development plan and final plat approvals for Enfield Commons Subdivision, an 18 -lot (10 -buildable
-inclusive of 36 dwelling units - 8$our-plexes, 2 -duplexes], 8 -common), residential subdivision. The
4.15 -acre site is located on the southwest corner of West Escalante Drive and North Linder Road at 341
North Linder Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on March 5, 2019.
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(EXT13-O9).
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 October 27, 2015, the City Council approved a development agreement modification, conditional
use permit, preliminary development plan, and preliminary plat for Eaglefield Commons Planned Unit
Development, for The Preserve, LLC (RZ- 12-06 MOD/CU- 10-1 5/PPUD-04-1 5/PP-1 0-15).
On April 28, 2016, the executed Amended and Restated Development Agreement associated with RZ-
12-06 MOD was recorded (Ada County instrument #2016-035522).
On February 25, 2016, the Design Review Board approved a design review application for the common
area landscaping within Eaglefield Commons Subdivision for The Preserve, LLC (DR -03-16).
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On April 26, 2016, the City Council, approved a final development plan and final plat for Eaglefield
Commons Subdivision No. 1 for The Preserve, LLC (FPUD-02-16/FP-04-16).
On October 10, 2016, a staff level design review application for a modification to the common area of
Eaglefield Commons Subdivision was approved (DR -03-16 MOD).
On December 13, 2016, the City Council approved a vacation of a public utility, irrigation, and drainage
easements from Lots 1 and 3-6, Block iwithin Irish Acres Subdivision (Eaglefield Commons
Subdivision) (VAC -03-16).
On December 13, 2016, the City Council approved Resolution 37-16 vacating the public utility,
irrigation, and drainage easements from Lots 1 and 3-6, Block 1, within Irish Acres Subdivision
(Eaglefield Commons Subdivision).
On March 15, 2017, the final plat for Eaglefield Commons Subdivision No. 1 was recorded at the Ada
County Recorder's Office (Ada County instrument #2017-021666).
On January 9, 2018, the City Council approved a conditional use permit, preliminary development plan,
and preliminary plat for Enfield Commons Subdivision for Nine 4S, LLC (CU-09-17/PPUD-05-17TPP-
05-17)
On May 8, 2018, the City Council approved the common area landscaping, eight (8) four-piexes and
two (2) duplexes within Enfied Commons Subdivision for Nine 4S, LLC (DR -07-18).
On January 8, 2019, the City Council approved a preliminary plat extension of time to be valid until
January 23, 2020, for Nine 4S, LLC (EXT -10-18).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated January 23, 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
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;
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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 REVIEWD THE FOLLOWING STAFF ANALYSIS
PROVII)ED WITHIN THE STAi' 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.
• The applicant has paid the Storage Trunk Line (STL) of $74,655.00 associated with the preliminary
plat. The required STL fee associated with the final plat is $74,655.00. The applicant has submitted
correspondence requesting to delay paying the STL fees associated with the final plat until such time
building permits are issued for the residential dwellings located within the subdivision. The applicant
is proposing to construct 10 -buildings within the project; therefore, the S 1 L fee amount to be paid at
issuance of each building permit would be $7,465.50. The applicant should be required to pay the
Storage Trunk Line (STL) fee of $7,465.50 prior to issuance of each building permit for the residential
dwellings.
• Plat note #13 of the final plat, date stamped by the City on March 5, 2019, states, "This subdivision
shall be subject to the terms and conditions of the recorded CC&Rs for the Preserve Subdivision and
the Preserve Homeowners Association, Inc., recorded as Instrument NOS. 108068699,111049099,
112091411, 113068209, 113115549, and 114021466, records of Ada County, Idaho, and as
subsequently amended."
Enfield Commons Subdivision is not a part of The Preserve Subdivision; therefore, Enfield Commons
will have separate CC&Rs regulating the subdivision. The applicant should be required to provide a
revised final plat with plat note #13 revised to state, "This subdivision shall be subject to the terms and
conditions of the recorded CC&Rs for Enfield Commons Subdivision and the Enfield Commons
Subdivision Homeowner's Association, recorded as Ada County Instrument # , records
of Ada County, Idaho, and as subsequently amended." 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.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-04-19 & FP -OS -19 for a final development plan and final plat
for Enfield Commons Subdivision for Nine 4S, 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 RZO3- 1 7/CU-0 1 - 1 7/PPUD-01-17/PP-01- 17.
3. Comply with the conditions of DR -07-18.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
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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 following setbacks and lot coverage requirements shall apply:
Front 10 -feet
Rear 20 -feet
Side (four -plea) 10 -feet (one and two-story structures)
Side (duplex) 10 -feet (one and two. -story structures)
(Lots 6 and 7, Block 1)
Minimum Building Separation 20 -feet
Maximum Lot Coverage 50%
6. The applicant shall be required to pay a Storage Trunk Line (STL) fee of $7,465.50 prior to issuance
of each building permit for the residential dwellings.
7. Provide a revised final plat with plat note #13 revised to state, "This subdivision shall be subject to the
terms and conditions of the recorded CC&Rs for Enfield Commons Subdivision and the Enfield
Commons Subdivision Homeowner's Association, recorded as Ada County Instrument
#
, records of Ada County, Idaho, and as subsequently amended." The revised final plat
shall be provided prior to the City Clerk signing the final plat.
8. All common area improvements within Enfield Commons Subdivision as specified on the approved
landscape plan (DR -07-18) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
9. Provide revised draft CC&Rs with an additional section which states, "That in the event any of the
CC&Rs are less restrictive than any government rules, regulations or ordinances, then the more
restrictive government rule, regulation or ordinances shall apply. The 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 the CC&R's unlawful, then in such event that
portion shall be deemed to be amended to comply with the applicable rule, regulation, law or
ordinance." The revised draft CC&Rs shall be reviewed and approved by staff prior to the City Clerk
signing the final plat.
10. 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.
11. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
12. 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.
13. 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.
14. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department prior
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to the issuance of a "notice to proceed with construction" letter to the project engineer.
15. 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.
16. The applicant shall install at the entrances to Enfield Commons 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.
17. 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".
18. The applicant shall provide a license agreement from ACRD 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.
19. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
20. 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.
21. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
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 Enfield Commons Subdivision prior to the
issuance of any building permits.
23. 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. 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
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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:
Sharon K. Bergmann, Eagle City Cl rk
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