Findings - CC - 2020 - FPUD-03-20 & FP-03-20 - Lanewood Sub No 7 FpBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR LANEWOOD SUBDIVISION NO. 7
FOR SCS BRIGHTON, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-20 & FP-03-20
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 28, 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. 7, a 53-lot (44-buildable, 9-common) residential subdivision.
The 23.26-acre site is located on the west side North Linder Road approximately 1,300-feet south of
West Beacon Light Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on June 12, 2020. A revised
preliminary plat was submitted on July 16, 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-05-19/PPUD-04-19/PP-06-19).
On March 10, 2020, the City Council approved a design review application for common area
landscaping, pavilion, pool, and pool house within Lanewood North Subdivision for SCS Brighton,
LLC (DR-83-19).
On March 10, 2020, the City Council approved a final development plan and final plat for Lanewood
Subdivision No. 6 for SCS Brighton, Inc. (FPUD-01-20 & FP-01-20).
Lanewood Subdivision Nos. 6 and 7 are part of Lanewood North Subdivision.
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 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
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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
PROVIDED WITHIN THE STAFF REPORT
(based on the final plat, date stamped by the City on June 12, 2020):
• 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 ACHD Permanent Easement Instrument No. prior to the City Clerk signing the final plat.
• 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 ACHD Temporary License Agreement Instrument No. prior to the City Clerk signing the
final plat.
• Plat note #15 of the final plat states, "Lot 8, Block 14 shall be subject to a twenty five (25) foot wide
City of Eagle pathway easement for a ten (10) foot wide paved pathway."
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 shall be referenced on the
final plat, upon recordation of the final plat(s) wherein the pathway is located. The applicant should
provide a revised final plat sheet 3 of 5 revised to reference the instrument number of the recorded
pathway easement.
Also, the applicant should provide a revised final plat with plat note #15 revised to state, "Lot 8, Block
14, shall be subject to a twenty five (25) foot wide City of Eagle pathway easement for a ten (10) foot
wide paved pathway as shown, Instrument No. ." The revised final plat should be
provided prior to the City Clerk signing the final plat.
• Certificate of Owners sheet 5 of the final plat states, "Lots 7, 9, and 10, Block 14 and Lot 2, Block 15
in this plat will be eligible to receive water service from an existing Suez Water Idaho main line located
adjacent to the subject subdivision and Suez Water Idaho has agreed in writing to serve all the lots in
this subdivision. All remaining lots in this plat will be eligible to receive water service from an existing
Eagle Water Company main line located adjacent to the subject subdivision and Eagle Water Company
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has agreed in writing to serve all the lots in this subdivision." Lots 7, 9, and 10 of Block 14 and Lot 2
of Block 15 will receive water service from Suez Water Idaho, the remaining lots within the subdivision
will receive water service from The City of Eagle Water Department.
The Certificate of Owners sheet 5 should be revised to:
"Lots 7, 9, and 10 of Block 14 and Lot 2 of Block 15 will be eligible to receive water service from Suez
Water Idaho. All remaining lots within this plat will be eligible to receive water service from the City
of Eagle municipal water system. Suez Water Idaho and the City of Eagle Water Department have
agreed in writing to serve all the lots within this subdivision, respectively."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Existing overhead power lines are located along the north property line traveling west from North
Linder Road to North Lanewood Road that will be required to be placed underground or removed, if
these power lines are located on the subject property.
• 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 July 28, 2020. 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-03-20 & FP-03-20 for a final development plan and final plat
for Lanewood Subdivision No. 7 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-05-19/PPUD-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 showing Plat Note #10 revised to designate the ACHD Permanent Easement
Instrument No. prior to the City Clerk signing the final plat.
7. 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.
The revised final plat should be provided prior to the City Clerk signing the final plat.
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8. Provide a revised final plat with plat note #15 revised to state, "Lot 8, Block 14, shall be subject to a
twenty five (25) foot wide City of Eagle pathway easement for a ten (10) foot wide paved pathway as
shown, Instrument No. ." The revised final plat shall be provided prior to the City Clerk
signing the final plat.
9. Provide a revised final plat with the Certificate of Owners sheet 5 of the final plat to state, "Lots 7, 9,
and 10 of Block 14 and Lot 2 of Block 15 will be eligible to receive water service from Suez Water
Idaho. All remaining lots within this plat will be eligible to receive water service from the City of Eagle
municipal water system. Suez Water Idaho and the City of Eagle Water Department have agreed in
writing to serve all the lots within this subdivision respectively." The revised final plat should be
provided prior to the City Clerk signing the final plat.
10. Existing overhead power lines that are located along the north property line traveling west from North
Linder Road to North Lanewood Road shall be required to be placed underground or removed if these
power lines are located within the subject property.
11. 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%
12. All common area improvements within Lanewood Subdivision No. 7 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.
13. 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
depicts the timing for completion of the required improvements.
14. 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.
15. 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.
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16. 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.
17. The applicant shall install at the entrances to Lanewood Subdivision No. 7, 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. 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".
19. 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.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
21. 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.
22. 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.
23. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
24. 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.
25. 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. 7, prior to the
issuance of any building permits.
26. 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.
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;
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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 and setbacks as specifically approved by the City will allow
for a mix of housing types 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 11 th day of August 2020.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
f as on JPierce, Mayor
ATTEST:
Sharon K.
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inn, Eagle City Cler = i t' �•� i
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