Findings - CC - 2014 - FPUD-06-14/FP-15-14 - Lanewood Estates #1/26 Lot/10.39 Acre Site BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR LANEWOOD ESTATES SUBDIVISION )
NO. 1 FOR SCS KIMBERLAND,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-06-14 & FP-15-14
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 26, 2014. 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:
Kimberland, LLC, represented by Shawn Nickel with SLN Planning, is requesting final
development plan and final plat approvals for Lanewood Estates Subdivision No. 1, a 26-lot (20
buildable, 6 common) residential subdivision. The 10.39-acre site is generally located on the north
side of West Floating Feather Road approximately 320-feet west of the intersection of North
Linder Road and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on June 18, 2014.
C. HISTORY:
On July 11, 2007, the Ada County Board of County Commissioners approved a rezone with
development agreement, planned unit development, and preliminary plat for Lanewood Estates
Planned Unit Development (of which the subject property is a portion of) (Ada County File #
200700017—S/ZC/PUD/DA).
On December 11, 2012, the City Council approved an annexation, rezone with development
agreement, conditional use permit, preliminary development plan, and preliminary plat for
Lanewood Planned Unit Development(A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12).
On February 28, 2013, the Design Review Board approved a design review application for the
common area landscaping within Lanewood Subdivision (DR-03-13).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated December 11, 2012, 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
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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:
• 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.
• Plat note #1 on the final plat, date stamped by the City on June 18, 2014, indicates that, "A ten
(12) foot wide permanent public utilities, property drainage, and irrigation easement is hereby
designated along all lot lines common to a public right-of-way and along all rear lot lines. A five
(5) foot wide irrigation, public utilities and property drainage easement is hereby designated along
each side of interior lot lines. The above easements are as shown on this plat." The required
easement width for the public utilities, property drainage, and irrigation located adjacent to the
public right-of-way is 12-feet in width. The applicant should provide a revised final plat with plat
note#1 revised to read, "A twelve(12)foot wide permanent public utilities, property drainage, and
irrigation easement is hereby designated along all lot lines common to a public right-of-way and
along all rear lot lines. A five (5) foot wide irrigation, public utilities and property drainage
easement is hereby designated along each side of interior lot lines. The above easements are as
shown on this plat." The applicant should provide the revised final plat prior to the City Clerk
signing the final plat.
• Plat note #2 of the final plat, date stamped by the City on June 18, 2014, indicates that, "Any re-
subdivision of this plat shall be in compliance with the most recently approved subdivision
standards of the City of Meridian." The applicant should provide a revised final plat with plat note
#2 revised to read, "Any re-subdivision of this plat shall be in compliance with the most recently
approved subdivision standards of the City of Eagle." The applicant should provide the revised
final plat prior to the City Clerk signing the final plat.
• Plat note #3 of the final plat, date stamped by the City on June 18, 2014, indicates that the
common lots are owned and maintained by the Lanewood Subdivision homeowner's association.
The subdivision is named Lanewood Estates Subdivision. The applicant should provide a revised
final plat with plat note #3 revised to read, "Lots 1 and 2, Block 1, Lot 1 and 2, Block 2, Lot 6,
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Block 3, and Lot 1, Block 4 are common lots which shall be owned and maintained by the
Lanewood Estates Subdivision Homeowner's Association and shall be subject to a blanket public
utilities and irrigation easement." The applicant should provide the revised final plat prior to the
City Clerk signing the final plat.
• The final plat does not contain any plat notes in regard to direct lot access to West Floating Feather
Road or North Champions Way. The applicant should be required to provide a revised final plat
with a new plat note reading, "Vehicular access to lots along West Floating Feather Road and
North Champions Way is prohibited unless specifically approved by the Ada County Highway
District and the City of Eagle."The applicant should provide the revised final plat prior to the City
Clerk signing the final plat.
• The approved phasing plan, date stamped by the City on September 12, 2012, shows nine (9) (6
buildable, 2 non-buildable, and ccommon) additional lots that are not proposed to be developed
within the phase 1 area. The remaining area to be developed is in conformance with the approved
preliminary plat. Staff is supportive of phase 1 as proposed since the non-buildable lots contained
within the originally approved phase 1 will be developed as buildable lots at the time the adjacent
property located to the west of Lanewood Estates Subdivision is developed.
• The Certificate of Owners note located on Page 3 of 4 of the final plat, date stamped by the City on
June 18, 2014, indicates that, "All lots in this plat will be eligible to receive water service from an
existing City of Meridian main line located adjacent to the subject subdivision, and City of
Meridian has agreed in writing to serve all lots in this subdivision. Lanewood Estates Subdivision
is located within United Water Company of Idaho certificated water service area. The applicant
should be required to provide a revised final plat with new language (contained within the
Certificate of Owners) indicating that water service is to be provided by United Water Company of
Idaho. The applicant should provide the revised final plat prior to the City Clerk signing the final
plat.
• The signature blocks for approval by the City Engineer and City Council shown on Page 4 of 4, of
the final plat, date stamped by the City on June 18, 2014, have incorrect language shown. The
applicant should be required to provide a revised final plat with the Certificate of City Engineer
and Approval of City Council signature blocks revised to read as follows:
Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL PLAT
AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS HAVE
BEEN MET.
EAGLE CITY ENGINEER
Approval of City Council
I, THE UNDERSIGNED, CITY CLERK IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT AT A REGULAR MEETING OF THE
CITY COUNCIL HELD ON THE DAY OF , THIS FINAL PLAT WAS
APPROVED AND ACCEPTED.
CITY CLERK
The applicant should provide the revised final plat prior to the City Clerk signing the final plat.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 26, 2014. 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-06-14/FP-15-14 for a final development plan and final
plat for Lanewood Estates Subdivision No. 1 for SCS Kimberland, LLC, with the following staff
recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions ofRZ-03-12/CU-03-12/PPUD-01-12/PP-01-12.
3. Comply with the conditions of DR-03-13.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project,prior to the City Clerk signing the final plat.
5. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
6. 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.
7. Provide a revised final plat with plat note #1 revised to read, "A twelve (12) foot wide
permanent public utilities, property drainage, and irrigation easement is hereby designated
along all lot lines common to a public right-of-way and along all rear lot lines. A five (5) foot
wide irrigation, public utilities and property drainage easement is hereby designated along
each side of interior lot lines. The above easements are as shown on this plat." The applicant
shall provide the revised final plat prior to the City Clerk signing the final plat.
8. Provide a revised final plat with plat note#2 revised to read, "Any re-subdivision of this plat
shall be in compliance with the most recently approved subdivision standards of the City of
Eagle."The applicant shall provide the revised final plat prior to the City Clerk signing the
final plat.
9. Provide a revised final plat with plat note#3 revised to read, "Lots 1 and 2, Block 1,Lot 1 and
2, Block 2, Lot 6, Block 3, and Lot 1, Block 4 are common lots which shall be owned and
maintained by the Lanewood Estates Subdivision Homeowner's Association and shall be
subject to a blanket public utilities and irrigation easement." The applicant shall provide the
revised final plat prior to the City Clerk signing the final plat.
10. Provide a revised final plat with a new plat note reading, "Vehicular access to lots along West
Floating Feather Road and North Champions Way is prohibited unless specifically approved
by the Ada County Highway District and the City of Eagle." The applicant shall provide the
revised final plat prior to the City Clerk signing the final plat.
11. Provide a revised final plat with new language (contained within the Certificate of Owners)
indicating that water service is to be provided by United Water Company of Idaho. The
applicant shall provide the revised final plat prior to the City Clerk signing the final plat.
12. Provide a revised final plat with the Certificate of City Engineer and Approval of City Council
signature blocks revised to read as follows:
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Certificate of City Engineer
I, THE UNDERSIGNED, CITY ENGINEER IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT I HAVE CHECKED THIS FINAL
PLAT AND THAT THE EAGLE CITY REQUIREMENTS REGARDING FINAL PLATS
HAVE BEEN MET.
EAGLE CITY ENGINEER
Approval of City Council
I, THE UNDERSIGNED, CITY CLERK IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT AT A REGULAR MEETING OF THE
CITY COUNCIL HELD ON THE DAY OF , THIS FINAL PLAT
WAS APPROVED AND ACCEPTED.
CITY CLERK
The applicant shall provide the revised final plat prior to the City Clerk signing the final plat.
13. Provide a copy of the recorded CC&R's 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 Estates
Subdivision No. 1, prior to the issuance of any building permits.
14. The following setbacks and lot coverage requirements shall apply:
Setbacks:
Front 20' Living area
25' Front of garage(measured from property line)
Rear 25'*
Interior Side 5'(per story)
Street Side 20'
Maximum Coverage 40%
* The rear setback for Lots 3-22 and 31, Block 1 and Lots 7-20, Block 2 shall be 15-feet.
No structure may be permitted to encroach into any easement.
15. All common area improvements within Lanewood Estates Subdivision No. 1 as specified on
the approved landscape plan(DR-03-13) shall be completed, or a surety shall be provided as
required by Eagle City Code, prior to the City Clerk signing the final plat.
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 install at the entrances to Lanewood Estates Subdivision No. 1, a 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.
18. Provide a copy of the written approval from the irrigation entity, drainage district, or drainage
entity having jurisdiction for encroachments and/or improvements to affected infrastructure,
prior to the City Clerk signing the final plat.
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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 not construct any 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 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 project engineer.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on June 18, 2014.
B. 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 9th day of September, 2014. .•.,‘•6*of EA Ci
CITY COUNCIL ATTEST: tip Q,Q°Rq)
0
OF THE CITY OF EAGLE
V 4.0•
Ada County, Idaho : * st ALA
�q7'E OF ��' •oso
�.mes D. Reyn 1 , Mayor Sharon K. Bergmann, Eagle C ty Clerk
Regulatory Taking Notice: Applicant has the right, pursuant to section 67-8003, Idaho Code, to request a
regulatory taking analysis.
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