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Findings - CC - 2020 - FPUD-01-20 & FP-01-20 - Lanewood Sub No 6 BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR ) A FINAL DEVELOPMENT PLAN AND iiNAL ) PLAT FOR LANEWOOD SUBDIVISION NO.6 ) FOR SCS BRIGHTON,INC. ) r'INDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER i'PUD-01-2O& ii-01-2O The above-entitled final development plan and final plat applications came before the Eagle City Council for their action on March 10, 2020. 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: SCS Brighton, Inc., represented by Kody Daffer, is requesting final development plan and final plat approvals for Lanewood Subdivision No. 6, a 66-lot (55-buildable, 11-common) residential subdivision. The 31.46-acre site is located on the east side North Lanewood Road approximately 580- feet north of the intersection of North Lanewood Road and West Venetian Drive at 2810 North Lanewood Road. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on January 17, 2020. A revised final development plan and final plat were received by the City of Eagle on February 18, 2020. A second revised final plat was received by the City of Eagle on March 2,2020. C. HISTORY: On November 12,2019,the City Council approved an annexation,rezone with development agreement, conditional use permit,preliminary development plan,and preliminary plat applications for Lanewood North Subdivision for SCS Brighton,LLC(A-03-9/RZ-08-19/CU-05-1 9IPPUD-04-1 9/PP-06-19). On March 10, 2020, the City Council approved a design review application for the common area landscaping, pavilion, pool, and pool house within Lanewood North Subdivision for SCS Brighton, LLC(DR-83-19). D. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated November 26, 2019, are incorporated herein by reference. E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECIION 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 Page 1 of 7 KAPlanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf.docx 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 STAi ' ANALYSIS PROV11)ED WITHIN THE STAi 'REPORT (based on the final plat, date stamped by the City on March 2, 2020): • Plat note#1 of the final plat states,"A fifteen and one half(15.50)foot wide permanent public utilities, lot drainage, and pressure irrigation easement is hereby designated along all lot lines common to a public right-of-way as shown. A twelve (12) foot wide public utilities, lot drainage, and pressure irrigation easement is hereby designated along all rear lot lines and the exterior subdivision boundary line unless dimensioned otherwise. A five (5) foot wide public utilities, lot drainage, and pressure irrigation easement is hereby designated along each side of interior lot lines. The above easements are as shown on this plat." The plat note references a side public utilities easement of five (5) feet. Pursuant to Eagle City Code Section 9-3-6, unobstructed drainageway easements shall be provided in conjunction with the utility easement along side lot lines with a total easement width to not be less than twelve feet(12'), except that lesser easement widths, to coincide with respective setbacks, may be considered as part of the planned unit development. The application was not approved with reduced side yard setbacks. The applicant should provide a revised final plat with plat note#1 revised to state, "A fifteen and one half (15.50) foot wide permanent public utilities, lot drainage, and pressure irrigation easement is hereby designated along all lot lines common to a public right-of-way as shown.A twelve(12)foot wide public utilities, lot drainage, and pressurized irrigation easement is hereby designated along all rear lot lines and the exterior subdivision boundary line unless dimensioned otherwise. A six(6) foot wide public utilities, lot drainage, and pressurized irrigation easement is hereby designated along each side of interior lot lines. The above easements are as shown on this plat." The revised final plat should be provided prior to the City Clerk signing the final plat. • Plat note#10 of the final plat states,"ACHD Permanent Easement Inst.No." The applicant should be required to provide a revised final plat showing plat note #10 revised to designate the ACRD Permanent Easement Instrument No.prior to the City Clerk signing the final plat. Page 2 of 7 K:U'lanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf.docx • Plat note#11 of the final plat states,"ACHD Temporary License Agreement Inst.No." The applicant should be required to provide a revised final plat showing plat note #11 revised to designate the ACRD Temporary License Agreement Instrument No.prior to the City Clerk signing the final plat. • Plat note #13 of the final plat states, "Lot 1, Block 12; Lots 11 and 18, Block 13, and Lots 4 and 5, Block 16 shall be subject to a twenty(20) foot wide water line easement in favor of the City of Eagle as shown on this plat." The applicant will be constructing an extension to the City of Eagle municipal water system through this phase of the development.The applicant is required to provide a recorded easement associated with the location of the city's municipal water line. Also, the municipal water line easement should be located entirely within common lots. Lot 11, Block 13, and Lot 5, Block 16, are both buildable lots. The applicant should be required to provide a revised final plat showing the City of Eagle municipal water line easement located in its entirety within common lots.The revised final plat should be provided prior to the City Clerk signing the final plat. Also, the applicant should be required to record the easement associated with the City of Eagle municipal water line and reference the instrument number of the recorded document on the sheets of the plat which delineate the municipal water line easement. The revised final plat should be provided prior to the City Clerk signing the final plat. Based on the requirement to locate the municipal water line within an easements located entirely within common lots the applicant should be required to provide a revised final plat with plat note#13 revised to state,"Lot 1,Block 12; Lot 18,Block 13, and Lot 4, Block 16 shall be subject to a twenty(20)foot wide water line easement, as shown, instrument # ." The revised final plat should be provided prior to the City Clerk signing the final plat. The Legend on Sheets 1 of 5 and 2 of 5 contains an easement line identification and notes the identification as "Easement Line— See Note X." The identified line is shown on Page 2 of 5 as a 20- foot wide easement and states, "20'-See Note 13." This easement is associated with the City of Eagle municipal water line. The applicant should be required to provide a revised final plat with the "Easement line—See Note X," identified in the Legend on sheets 1 of 5 and 2 of 5 as "City of Eagle municipal water line easement— See Note 13." The revised final plat should be provided prior to the City Clerk signing the final plat. • Plat note#15 of the final plat states,"Lot 11,Block 11,Lot 18, Block 13,and Lot 5,Block 14 shall be subject to a twenty five (25') foot wide City of Eagle pathway easement for a ten (10) foot wide pathway."(sic) Pursuant to Condition of Development#3.8 of the executed development agreement(instrument#2020- 022344)the pathway easement should be located within a recorded easement or easements dedicated and accepted by the city. The instrument number of the recorded easement or easements shall be referenced on the face of the plat,upon recordation of the final plat(s)wherein the pathway is located. The face of the final plat does not delineate any dedicated easements. The applicant should provide a revised final plat with Sheets 2 of 5 and 3 of 5 revised to delineate the 25-foot wide City of Eagle pathway easement area and reference the instrument number of the recorded pathway easement area on the respective final plat sheets.The revised final plat should be provided prior to the City Clerk signing the final plat. Also, the applicant should provide a revised final plat with plat note #15 revised to state, "A 25-foot wide City of Eagle pathway easement shall be located within Lot 11, Block 11, Lot 18, Block 13, and Lot 5, Block 14, as shown, Instrument # . The revised final plat should be provided prior to the City Clerk signing the final plat. Page 3 of 7 KAPlanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf docx • 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. The final development plan and final plat are in substantial compliance with the preliminary development plan and preliminary plat with the conditions recommended herein. • It is staff's opinion that the final development plan can meet the Findings of Fact required in Eagle City Code Section 8-6-6-3(B) with the conditions recommended herein and that the final plat will be in substantial compliance with the preliminary plat pursuant to the conditions herein. REVIEW BY THE COUNCIL: A review by the City Council was completed on March 10, 2020. The Council made their decision at that time. The minutes are incorporated herein by reference. COUNCIL DECISION: The Council voted 3 to 1 (Baun absent)to approve FPUD-01-20& FP-01-20 for a final development plan and final plat for Lanewood Subdivision No. 6 for SCS Brighton, 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-08-19/CU-05-19IPPUD-04-19/PP-06-19. 3. Comply with all requirements of DR-83-19,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. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area open spaces and on the street side of all corner lots shall be an open style fencing such as wrought iron or other similar decorative style,durable fencing material. 6. Provide a revised final plat with plat note#1 revised to state,"A fifteen and one half(15.50)foot wide permanent public utilities,lot drainage,and pressure irrigation easement is hereby designated along all lot lines common to a public right-of-way as shown. A twelve (12) foot wide public utilities, lot drainage, and pressurized irrigation easement is hereby designated along all rear lot lines and the exterior subdivision boundary line unless dimensioned otherwise. A six(6) foot wide public utilities, lot drainage, and pressurized irrigation easement is hereby designated along each side of interior lot lines. The above easements are as shown on this plat."The revised final plat should be provided prior to the City Clerk signing the final plat. 7. Provide a revised final plat showing Plat Note#10 revised to designate the ACHD Permanent Easement Instrument No. prior to the City Clerk signing the final plat. 8. Provide a revised final plat showing plat note#11 revised to designate the ACHD Temporary License Agreement Instrument No. prior to the City Clerk signing the final plat. 9. Provide a revised final plat showing the City of Eagle municipal water line easement located in its entirety within common lots.The revised final plat shall be provided prior to the City Clerk signing the final plat. Page 4 of 7 KAPlanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud cef.docx 10. The applicant shall record the easement associated with the City of Eagle municipal water line and reference the instrument number of the recorded document on the sheets of the plat which delineate the municipal water line easement. The revised final plat shall be provided prior to the City Clerk signing the final plat. 11. Provide a revised final plat with plat note#13 revised to state,"Lot 1, Block 12; Lot 18,Block 13,and Lot 4, Block 16 shall be subject to a twenty(20)foot wide water line easement instrument, as shown, instrument # ." The revised final plat shall be provided prior to the City Clerk signing the final plat. 12. Provide a revised final plat with plat note#15 revised to state, "A 25-foot wide City of Eagle pathway easement shall be located within Lot 11, Block 11, Lot 18, Block 13, and Lot 5, Block 14, as shown, Instrument # . The revised final plat shall be provided prior to the City Clerk signing the final plat. 13. Provide a revised final plat with Sheets 2 of 5 and 3 of 5 revised to delineate the 25-foot wide City of Eagle pathway easement area and reference the instrument number of the recorded pathway easement area on the respective final plat sheets. The revised final plat shall be provided prior to the City Clerk signing the final plat. 14. Provide a revised final plat with the"Easement line—See Note X,"identified in the Legend on sheets 1 of 5 and 2 of 5 as "City of Eagle municipal water line easement— See Note 13." The revised final plat shall be provided prior to the City Clerk signing the final plat. 15. Provide a revised final plat with Sheets 2 of 5 and 3 of 5 revised to delineate the 25-foot wide City of Eagle pathway easement area and reference the instrument number of the recorded pathway easement area on the respective final plat sheets. The revised final plat shall be provided prior to the City Clerk signing the final plat. 16. The following setbacks and lot coverage requirements shall apply: Front 20-feet(living and/or side entry garage) 31-feet(front-load garage) Rear 25-feet Interior Side 10-feet(first story)5-feet(each additional story) Street Side 20-feet Maximum Lot Coverage 40% 17. All common area improvements within Lanewood Subdivision No. 6 as specified on the approved landscape plan(DR-83-19)shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 18. The developer shall provide shade-class trees (landscape plan to be reviewed and approved by the Design Review Board)along both sides of all streets within this development. Trees shall be placed at the front of each lot generally at each side property line, or as approved by the Design Review Board. The trees shall be located within an 8-foot wide landscape strip between the 5-foot wide concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as to not interfere with the required placement of street trees. 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. At the time of providing surety information, the applicant shall provide a schedule that Page 5 of 7 KAPlanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf docx depicts the timing for completion of the required improvements. 19. 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. 20. 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. 21. 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. 22. The applicant shall install at the entrances to Lanewood Subdivision No. 6, 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. 23. 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". 24. 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. 25. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to the City Clerk signing the final plat. 26. 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. 27. 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. 28. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 29. The applicant shall include a letter from the Professional Land Surveyor that certifies the submitted final plat copies have addressed the first set of review comments from the Ada County Surveyor prior to the City Clerk signing the final plat. 30. 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 Lanewood Subdivision No. 6, prior to the issuance of any building permits. 31. The applicant shall provide a CD of the as-built construction drawings for all improvements located within the subdivision prior to the issuance of building permits. Page 6 of 7 KAPlanning DeptTagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf.docx 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 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 10th day of March 2020. CITY COUNCIL OF THE CITY OF EAGLE Ada ounty, Idaho Jason Pierce, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clrk Page 7 of 7 K.\Planning Dept\Eagle Applications\SUBS\2020\Lanewood Sub No.6 fp&fpud ccf.docx .................• ......•••• ..... ....__._._ ... _.•...._ . Z PLAT SHONG RECEIVED& FILED LANEWOOD SUBDIVISION NO . 6 CITY OF EAGLE LOCATED IN THE NE 1/4 OF SECTION 2 T.4N., R.1W., B.M. CITY OF EAGLE, ADA COUNTY, iDAHO 2020 File: Route to: SURVEYORS NARRATIVE: UNPL4 T TED 1.82.1 Z.W �,�.t , THE PURPOSE OF THIS SURVEY IS TO SUBDIVIDE THE PROPERTY SHOWN HERON. . s 104.00 THE PROPERTY IS ADJACENT TO LANEW�OOD CHURCH SUBDIVISION AND LANEW� 26'E .31.11. 14 SUBDIVISION NO.5.THE SUBJECT PROPERTY IS ALS)A PORTION OF THE X00• •1��• • PROPERTY SHOM 1 ON ROS 7499.ADJACENT PARCELS HAVE BEEN SURVEY PER te • . ROS 1347 AND ROS 6561. MONUMENTA11ON FOUND PER THESE PLATS AND J L._, lie -0'39 36 W RECORD OF SURVEYS OF THE PROPERTY ARE IN SUBSTANTIAL AGREEMENT WITH r')r' _ SZ'14.37' al 51.81• THE MONUMENTA11ON SHOWN ON THESE SURVEYS AND WERE HELD AS g•►, 1 CONTROLLING CORNERS FOR THIS PLAT. 83.65' .�'L �''� N 25'29 56•E zs 100 300 �'�'�� ' 64.27' , g � o so goo ..____srootcrE0 •`e SCALE. 1 = 100 \,,-" I 26.41 UNPLATTED � o� 1 29'�'S8'W •„, 0 o�.� • /0.00. LEGEND 7,.. ,/ ,'� 2322.0,'�` 85.00 • '19 50•W dZ `444 • 85.00• 33'45'51.W p FOUND 1/2"IRON PIN OTHERWISE N / 07 0 O 9pwtoo' / _ � � uNLEss oT0 FOUND BRASS CAP MI "' , �� 1° 1Nojtricrvi 156.78•IR ® FOUND ALUMINUM CAFI71 / 8 ,, I K.-) 0 �' N 1 • SET 1/2 IRON PIN VO\ 0 1 >4 . � 08'N • SET 5/8'IRON PIN I / �r• bl m L, CALO JLATED POINT C:r 4 O 0 -,, _, . _ r N ....s:..--, •• - SUBDIVISION BOUNDA 0 co_ ) i — LOT UNE r-P' 1 la ' N.FOUNTAINHEAD WAY 1 ••. a� i--! O GRAVITY IRRIGATION n C. 1 T.0/ - I - r N.MAKENNAS q SEE NOTE 6 1 ® - O EASEMENT UNE-SEE • ki 0 1 e o ® _ ® 1 Y kl 163 _ . . ..._ EASEMENT LINE-SEE i o a V . --._ SECTION LINE v o _. I dN ;2,• m •- I RIGHT-OF-WAY UNE W - _ 1 -- - -- CEN i tr�tJNE Z N m 1 < °D ® it 0 LOT Na .. gi I i,i e o 1 , ;.: ,.. .7, 1 i0 I * .,p SEE SHEET 4 FOR NOTES g' ig--- - CURVE AND UNE DATA TABLE MeaAND DETAILS. 1 N 1 I� �D r- r r d M1 N ' N 1 r .- r- 3 1 Ir. Z V S1'01'2911E—\1 8.02' ' '• o 1 •. --... _ 1 ._N.RIwNG�roN WAY ' c.,� I 5' iii 0 ti..RP WIGTON WAY o q •i 2. m a IA N , e r 5 _ §iT`1 el. ®g� N S+D'22'36'w `° 'i 1 X1 O 0 0 0 �O 8 d M'1 N e"' . © ' V ••.. 1 $ 135.27' .. -.2 is :: 4 0 ,A711...riuva. 1 IV P g. . C113 d 2 ,,r GEN%NI .b 4,„ e . . . .: ,z, o 4 1 I Y i \ 1 7 29 1 11 4.15' 1�% N �� AVZ/t0.4.3 6 o IND+.....- ,--4..._ F O * N.LANEWOOD DR. N055'51•E 1568.55 .111 -""'''•• 1156.08' 't $h Qq?)'G.Ct6' E ..................................................................... N�55.5rE 2692.70' t I t UNPLA T TED BASIS OF BE/ NGiiii,. 6 es A 16 POINT OF BEGINNIN BOOK PAGE '11.''''''' IDAHO ; , - 9955 W.EMERALD ST. 7.:'--: ' SURVEY BOISE.IDAHO 83704JOB NO.19-289 et-.. (208)846-8570 SHEET 1 OF 5 GROUP,LLC