Findings - CC - 2021 - RZ-08-19-MOD - Modification For Lanewood North Sub BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A DEVELOPMENT AGREEMENT )
MODIFICATION ASSOCIATED WITH )
LANEWOOD NORTH SUBDIVISION )
FOR SCS BRIGHTON,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-08-19 MOD
The above-entitled rezone development agreement modification application came before the City Council for
their action on January 26,2021,at which time public testimony was taken and the public hearing was closed.
The City 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,LLC,represented by Kody Daffer,is requesting a modification to the rezone development
agreement associated with the approved Lanewood North Subdivision.The request is to allow for privacy
fencing along the northern and southern subdivision border and provide a revised fencing exhibit to the
development agreement.The 81.16-acre site is located between North Lanewood Road and North Linder
Road approximately 1,100-feet south of the intersection of North Lanewood Road and West Beacon Light
Road at 2810 North Lanewood Road and 2553 North Linder Road.
B. APPLICATION SUBMITTAL:
The development agreement modification request was received by the City of Eagle on December 21,
2020.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on this application for the Eagle City Council was published in accordance with
the requirements of Title 67,Chapter 65,Idaho Code and the Eagle City Code on January 8,2021. Notice
of this public hearing was mailed to property owners within five hundred feet (500-feet) of the subject
property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code
on January 8, 2021.The site was posted in accordance with the Eagle City Code on January 14, 2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
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). (The western half of the property—Ada County parcel#S040212300)
On November 26, 2019,the Eagle City Council approved an annexation and rezone from RUT(Rural-
Urban Transition—Ada County Designation)to R-3-DA-P(Residential with a Development Agreement
— PUD), Conditional Use Permit, preliminary development plan, and preliminary plat for Lanewood
North Subdivision(A-03-19/RZ-08-19/CU-05-19/PPUD-04-19 and PP-06-19).
On February 11, 2020, the Eagle City Council approved a design review application for two (2)
subdivision entry monument signs for Lanewood North Subdivision(DR-84-19).
On March 10th,the Eagle City Council approved a final development plan and final plat for Lanewood
Subdivision No. 6(FPUD-01-20 and FP-01-20).
Page 1 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-08-19 MOD Lanewood North Sub ccf docx
On August 11th, 2020, the Eagle City Council approved a final development plan and final plat for
Lanewood Subdivision No. 7(FPUD-03-20 and FP-03-20).
E. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Neighborhood R-2-DA-P(Residential Single-Family Residential
Residential with a development Subdivision(Lanewood
agreement—PUD) Subdivision)
Proposed No Change No Change No Change
North of site Neighborhood R2(Medium Low Agricultural
Residential Density Residential—
Ada County designation)
and RUT(Rural-Urban
Transition—Ada County
designation)
South of site Neighborhood R-3-DA-P(Medium Low Single-Family Residential
Residential Density Residential— Subdivision(Lanewood
Ada County designation) Subdivision No. 5)and
and RUT(Rural-Urban Agricultural
Transition—Ada County
designation)
East of site Neighborhood RUT(Rural-Urban Single-Family Residential
Residential with Transition—Ada County (unplatted parcels and
Neighborhood designation) Foursome Heights
Transition Subdivision)
West of site Neighborhood R-2-DA-P(Residential Single-Family Residential
Residential with a development Subdivision(Brookway
agreement—PUD) Subdivision)
F. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA,CEDA,or DSDA.
G. TOTAL ACREAGE OF SITE: 81.16-acres
H. APPLICANT'S STATEMENT OF JUSTIFICATION OF A MODIFICATION TO THE
DEVELOPMENT AGREEMENT:
See applicant's justification letters, date stamped by the City on December 21,2020, attached to the
staff report and incorporated herein by reference.
AVAILABILITY AND ADEQUACY OF UTILITIES AND SERVICES:
The site is currently served by Suez Water and City of Eagle Municipal Water,Eagle Sewer District,
Eagle Police Department, and Eagle Fire District.
J. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP:No map currently exists.
Page 2 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-08-19 MOD Lanewood North Sub ccf docx
K. NON-CONFORMING USES:None are apparent on the site.
L. AGENCY RESPONSES:
The following agencies previously responded to the applications for annexation, rezone with
development agreement,conditional use permit,preliminary development plan,and preliminary plat
(A-03-19/RZ-08-19/CU-05-19/PPUD-04-19&PP-06-19)and their responses are attached to the staff
report dated July 25,2019.
City Engineer
City Water Superintendent
City Trails and Pathways Superintendent
Ada County Highway District
Andeavor
Ballantyne Ditch Company
Central District Health Department
Communities in Motion 2040 2.0 Development Review(COMPASS)
Department of Environmental Quality
Eagle Fire Department
Eagle Sewer District
Idaho Transportation Department
Idaho Transportation Department(Erika Bowen,email correspondence dated June 10,2019)
Sawtooth Law Offices(on behalf of Drainage District#2)
West Ada School District
M. LETTERS FROM THE PUBLIC:None received to date.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. DEVELOPMENT AGREEMENT PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
Condition on Development relating to the fencing is as follows:
3.4 The conditions,covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping,pressurized irrigation facilities,fencing,and amenities. The owner shall provide an
operation and maintenance manual including the funding mechanism as an addendum to the
CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified ant that the homeowners association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing to be installed as shown on the Concept Plan Fence Exhibit(Exhibit
D).All other fencing(i.e. dog-eared cedar fencing,vinyl,chainlink)shall be prohibited.
(c) A requirement 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&Rs unlawful,then in such event that portion shall be deemed to be amended to
comply with the applicable rule,regulation, law or ordinance.
Page 3 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-08-19 MOD Lanewood North Sub ccf docx
B. DISCUSSION:
• The executed development agreement (Ada County instrument #2020-022344) addresses fencing
adjacent to the common areas and subdivision boundary of the Lanewood North development. The
required fencing style is based on Exhibit "D" of the development agreement. The applicant is
requesting to modify the development agreement to allow for solid privacy fencing adjacent to the
north and south subdivision boundaries.
• The western half of the southern boundary of the Lanewood North Subdivision abuts the parking area
of the church located at 5530 West Veneitan Drive and residential lots within Lanewood Subdivision
No. 5. The remainder of the southern and northern subdivision boundaries are undeveloped.
• The revised fencing plan included within the applicant's narrative,date stamped December 21,2020,
shows continuous privacy fencing along the northern and southern subdivision boundaries
terminating at the common lots containing the landscape buffers adjacent to North Lanewood Road
and North Linder Road. The proposed privacy fence would cross several common lots and a
pedestrian pathway. The privacy fencing abutting the common lots would damage the open feel of
the area without providing any additional privacy for the residents. The applicant should be required
to provide a revised fencing plan showing open-style fencing adjacent to all common areas along the
northern and southern property boundaries.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to staff to date, if the Council approves the development agreement
modification, staff recommends Exhibit "D" be replaced with an updated fencing plan showing solid, six-
foot(6')tall privacy fencing along the northern and southern subdivision boundaries abutting residential lots.
The revised fencing plan should identify open-style fencing adjacent to all common areas.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on January 26,2021,at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of this proposal was presented to the City Council by no one (not including the
applicant/representative).
C. Oral testimony in opposition to this proposal was presented to the City Council by no one.
COUNCIL DECISION:
The Council voted 4 to 0 to approve RZ-08-19 MOD for a development agreement modification for SCS
Brighton, LLC, to provide a revised Fence Exhibit (Exhibit "D") showing solid, six-foot (6') tall privacy
fencing along the northern and southern subdivision boundaries abutting residential lots. The revised fencing
plan shall identify open-style fencing adjacent to all common areas.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone (RZ-08-19 MOD)
development agreement modification with regard to Eagle City Code Section 8-7-5 "Action by the
Commission and Council",and based upon the information provided concludes that the proposed rezone
is in accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
2. The requested zoning designation of R-2-DA-P (Residential with a development agreement - PUD) is
consistent with the Neighborhood Residential designation as shown on the Comprehensive Plan Land
Use Map since the proposed density is in conformance with the maximum density permitted within the
Village Planning Area as identified within the Eagle Comprehensive Plan;
Page 4 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2019\RZ-08-19 MOD Lanewood North Sub ccfdocx
3. The information provided from the agencies having jurisdiction over the public facilities needed for this
site indicates that adequate public facilities exist,or are expected to be provided,to serve all uses allowed
on this property under the proposed zone;
4. The proposed R-2-DA-P(Residential with a development agreement—PUD)zoning district is compatible
with the RUT(Rural-Urban Transitional—Ada County designation)zone and land use to the north since
this area is designated Neighborhood Residential in the Comprehensive Plan and may be developed with
a residential development similar in density to the subject site;
5. The proposed R-2-DA-P(Residential with a development agreement—PUD)zoning district is compatible
with the R-3-DA-P (Residential with a development agreement — PUD) and RUT (Rural-Urban
Transitional — Ada County designation) zones and land uses to the south since this area is designated
Neighborhood Residential in the Comprehensive Plan and a portion is developed with similar density and
the other portion could be developed with a residential development similar in density to the subject site;
6. The proposed R-2-DA-P(Residential with a development agreement—PUD)zoning district is compatible
with the RUT(Rural-Urban Transitional—Ada County designation)zone and land use to the east since
this area is designated Neighborhood Residential in the Comprehensive Plan and may be developed with
a residential development similar in density to the subject site. The subject site is also bordered on the
east by North Linder Road (minor arterial), the applicant will be required to construct a 50-foot wide
landscape buffer located along the road;
7. The proposed R-2-DA-P(Residential with a development agreement—PUD)zoning district is compatible
with the R-2-DA-P (Residential with a development agreement—PUD) zone and land use to the west
since this area is designated Neighborhood Residential in the Comprehensive Plan and is being developed
with a residential development of similar density as the subject site;
8. The land proposed for rezone is not located within a"Hazard Area"or"Special Area"as described within
the Comprehensive Plan;and
9. No non-conforming uses are expected to be created with this rezone.
DATED this 4th day of February, 2021
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou I . Idaho
o Pierce,Mayor ,..••"""II,.,
• OF EACH
A EST: •.•'`e��.''��Rq••
' T
racy E. >;agle City C�gdc: AL •'
O
�,sTqTE
OF
Page 5 of 5
K:\Planning Dept\Eagle Applications\RZ&A\2019'RZ-08-19 MOD Lanewood North Sub ccf docx