Findings - CC - 2020 - FPUD-09-19 & FP-14-19 - Final Development Plans / Final Plat Approval For Brookway Subd #3 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A i'iNAL DEVELOPMENT PLAN AND i'INAL )
PLAT FOR BROOKWAY SUBDIVISION NO.3 )
FOR HEARTLAND HOMES,LLC )
HNDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER iiUD-O9-19& i'P-14-19
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on February 25,2020. 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;
HNDINGS OF FACT:
A. PROJECT SUMMARY:
Heartland Homes,LLC,represented by Kent Brown with Kent Brown Planning Services,is requesting
final development plan and final plat approvals for Brookway Subdivision No.3,a 35-lot(29-buildable,
6-common)residential subdivision. The 18.84-acre site is located on the west side of North Lanewood
Road approximately 565-feet north of the intersection of West Venetian Drive and North Lanewood
Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 16,2019.
C. HISTORY:
On March 13, 2018, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat for Brookway
Subdivision(A-02-1 7IRZ-05-17/CU-12-1 7/PPUD-06-1 7/PP-06-17).
On May 22, 2018, the City Council approved the common area landscaping within Brookway
Subdivision for Trilogy Development(DR-17-18).
On August 14,2018,the City Council approved a final development plan and final plat for Brookway
Subdivision No. 1 (FPUD-06-18 and FP-06-18).
On November 27, 2018, the City Council approved a final development plan and final plat for
Brookway Subdivision No. 2(FPUD-14-18/FP-16-18).
On October 24, 2019, the final plat for Brookway Subdivision No. 2 was recorded (Ada County
instrument No. 2019-104993).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated March 13, 2018, are incorporated herein
by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECI'ION 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:
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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.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAi ' ANALYSIS
PROViDED WITHIN THE STAi 'REPORT
(based on the final plat, date stamped by the City on October 16, 2019):
• 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. It is staff's opinion that the final development plan and final
plat are in substantial compliance with the preliminary development plan and preliminary plat with the
conditions recommended herein.
• This portion of the development is located within Future Pressure Zone 1,as identified within the City's
2015 Water System Mater Plan Update#3. Since this portion of the development is located above the
maximum elevation of 2,550-feet which can be served by the existing pumps located within the City's
Well No. 4 and Well No. 5, the applicant is required to provide booster pumps within each well.
Pursuant to Idaho Department of Environmental Quality rules the City cannot sign the final plat until
the booster pumps have been installed and accepted by the City. The installation of the booster pump
replacements within City's Well No.4 and Well No. 5 should be completed and acceptance by the City
prior to signature of the final plat. The applicant should not be permitted to provide a surety for the
installation of the booster pumps to obtain a signature of the final plat.
• Plat note#1 (Notes)states,"Lots 14 and 22 of Block 3,Lot 10 of Block 6,Lot 12 of Block 7,and Lots
1 and 8 of Block 8 are hereby designated as common lots which shall be owned and maintained by the
Brookway Subdivision Homeowner's Association."
Pursuant to Site Specific Condition of Approval#6 associated with the approved conditional use permit,
preliminary development plan, and preliminary plat the applicant was required to provide a revised
preliminary plat with a new plat note that states, "Driveways providing access to a residence shall be
prohibited across all common/open space lot(with the exception of Lot 18, Block 2)." The final plat
does not contain any plat notes to address the issue of driveways providing access across the common
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lots. Also,the lot which is referenced with an exception is a common driveway lot. The lot and block
number of the common driveway lot located within this phase is Lot 22,Block 3.The applicant should
be required to provide a revised final plat with plat note#1 revised to state, "Lots 14 and 22 of Block
3,Lot 10 of Block 6,Lot 12 of Block 7,and Lots 1 and 8 of Block 8 are hereby designated as common
lots which shall be owned and maintained by the Brookway Subdivision Homeowner's Association.
Driveways providing access to a residence shall be prohibited across all common/open space lot(with
the exception of Lot 22, Block 3)." The revised final plat should be provided prior to the City Clerk
signing the final plat.
• Plat note#2(Notes)of the final plat states,"Any re-subdivision of this plat shall be in compliance with
the applicable subdivision regulations in effect at the time of re-subdivision."
The plat note does not reference the zoning regulations required pursuant to Eagle City Code for the
subdivision of property. The applicant should provide a revised final plat with plat note#2 revised to
state, "Any re-subdivision of this plat shall comply with the applicable zoning and subdivision
regulations in effect at the time of re-subdivision." The revised final plat should be provided prior to
the City Clerk signing the final plat.
• Plat note#9(Notes)of the final plat states, "This development is subject to Development Agreement,
Instrument No. ."
The plat note does not reference the possibility of a future development agreement modification. The
applicant should be required to provide a revised final plat with plat note #9 revised to state, "This
development is subject to Development Agreement,Instrument No.2018-055093,and any subsequent
modifications."The revised final plat should be provided prior to the City Clerk signing the final plat.
• Article IV: General Uses and Regulations of Use, Section 11 of the draft Declaration of Covenants,
Conditions,and Restrictions for Brookway Subdivision(CC&Rs), date stamped by the City on
October 2,2018, allows for solid fencing up to 4-feet in height to be placed adjacent to common
areas. Pursuant to Condition of Development#3.4(b)of the executed development agreement
(instrument#2018-055093)the CC&Rs were to contain a provision that requires all fencing located
adjacent to open space and corner lots to be open-style such as wrought iron,extruded aluminum
(looks identical to wrought iron),or three-rail-type wooden decorative fencing.All other fencing(i.e.
dog-eared cedar fencing,vinyl, chainlink)shall be prohibited.
The applicant should be required to provide revised CC&Rs with the provision (Article IV: General
Uses and Regulations of Use, Section 11)referencing the allowance of solid fencing located adjacent
to common areas removed. The revised CC&Rs should be reviewed and approved by staff prior to the
City Clerk signing the final plat.
• The applicant has provided a copy of the recorded CC&Rs (Instrument No. 2018-119518) which
contains a legal description of the development in its entirety, however, they do not reference phase
No.3 within the exhibits.The applicant should be required to provide CC&Rs which indicate that phase
No. 3 is being annexed into the property and subject to the CC&Rs. The CC&Rs for the annexation of
the property into the CC&Rs should be reviewed and approved by staff prior to signature of the final
plat.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on February 25, 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-09-19 & FP-14-19 for a final development plan and final plat
for Brookway Subdivision No. 3 for Heartland Homes,LLC,with the following site specific conditions of
approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-05-17/CU-12-17/PPUD-06-17/PP-06-17.
3. Comply with the conditions of DR-17-18 and all 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. The following setbacks and lot coverage requirements shall apply:
Front 30-feet(living)
33-feet(front-load garage)
Rear 30-feet
Interior Side 10-feet(first story)5-feet(each additional story)
Lots less than 90-feet in width 7.5-feet(first story)2.5-feet(each additional story)
Street Side 20-feet
Street Side(with 5-foot common lot
located adjacent to street) 15-feet
Maximum Lot Coverage 40%
6. Provide a revised final plat with plat note #1 revised to state, "Lots 14 and 22 of Block 3, Lot 10 of
Block 6, Lot 12 of Block 7,and Lots 1 and 8 of Block 8 are hereby designated as common lots which
shall be owned and maintained by the Brookway Subdivision Homeowner's Association. Driveways
providing access to a residence shall be prohibited across all common lots(with the exception of Lot
22,Block 3)."The revised final plat should be provided prior to the City Clerk signing the final plat.
7. Provide a revised final plat with plat note #2 revised to state, "Any re-subdivision of this plat shall
comply with the applicable zoning and subdivision regulations in effect at the time of re-subdivision."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. Provide a revised final plat with plat note #9 revised to state, "This development is subject to
Development Agreement, Instrument No. 2018-055093, and any subsequent modifications." The
revised final plat shall be provided prior to the City Clerk signing the final plat.
9. Provide revised CC&Rs with the provision(Article IV: General Uses and Regulations of Use, Section
11)referencing the allowance of solid fencing located adjacent to common areas removed.The revised
CC&Rs shall be reviewed and approved by staff prior to the City Clerk signing the final plat.
10. Provide CC&Rs which indicate that phase No. 3 is being annexed into the property and subject to the
CC&Rs. The CC&Rs for the annexation of the property into the CC&Rs shall be reviewed and
approved by staff prior to signature of the final plat.
11. The installation of the booster pump replacements within City's Well No. 4 and Well No. 5 shall be
completed and acceptance by the City prior to signature of the final plat. The applicant shall not be
permitted to provide a surety for the installation of the booster pumps to obtain a signature of the final
plat.
12. All common area improvements within Brookway Subdivision No. 3 as specified on the approved
landscape plan(DR-17-18)shall be completed prior to the City Clerk signing the final plat.
13. 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
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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.
14. If a surety is provided,the applicant shall provide a schedule that depicts the timing for completion of
the required improvements at the time of providing surety information.
15. 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 ACRD 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.
16. 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.
17. 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.
18. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area open
spaces (with the exception of the common lot located adjacent to North Lanewood Road) 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.
19. 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.
20. The applicant shall install at the entrances to Brookway 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.
21. 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".
22. 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.
23. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
24. 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.
25. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
26. 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 Brookway Subdivision No. 3, prior to the
issuance of any building permits.
27. 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.
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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.
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CITY COUNCIL Off'•Eq G� y
OF THE CITY OF EAGLE �`�o°
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Ada County, Idaho fie - c\
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a.son Pierce, Mayor ��i���'+ `!••°°`��
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ATTEST:
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`Sharon K. Bergmann, Eagle City Cyerk
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