Findings - CC - 2016 - FPUD-07-16 & FP-14-16 - Final Development Plan/Final Plat For Lanewood Subd No. 2BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR LANEWOOD SUBDIVISION NO.2
FOR SMITH BRIGHTON, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-07-16 & FP -14-16
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on November 15, 2016. 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:
Smith Brighton, Inc., represented by Mike Wardle with Brighton Development, is requesting final
development plan and final plat approvals for Lanewood Subdivision No. 2, a 47 lot (42 buildable,
5 common), residential subdivision. The 19.95 -acre site is generally located on the northeast side
of the intersection of West Floating Feather Road and North Lanewood Road at 5247 West
Floating Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on October 17, 2016.
C. HISTORY OF 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).
On December 11, 2012, the Eagle City Council approved an annexation, rezone, conditional use,
preliminary development plan, and preliminary plat applications for Lanewood Subdivision (A-03-
12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12).
On February 28, 2013, the Design Review Board approve a design review application for the
common area landscaping within Lanewood Subdivision (DR -03-13).
On May 13, 2014, the Eagle City Council approved an extension of time application for the
preliminary plat for Lanewood Subdivision (PP -0I-12) (EXT -02-14).
On September 9, 2014, the Eagle City Council approved a final development plan and final plat
for Lanewood Subdivision No. 1 (FPUD-06-14 & FP -15-14).
On September 23, 2014, the Eagle City Council approved an extension of time application for the
execution of the development agreement for the rezone and the preliminary plat for Lanewood
Subdivision No. 2 (RZ-04-13/PP-09-13).
On September 8, 2015, the City Council approved a final plat extension of time for Lanewood
Subdivision No. 1 to be valid until August 26, 2016 (EXT -03-15).
On June 23, 2016, the Design Review Board approved a common area landscaping plan for
Lanewood Subdivision (DR -16-16).
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On August 9, 2016, the City Council approved a final development plan and final plat for
Lanewood Subdivision No. 1 (FPUD-05-16/FP-10-16).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated November 26, 2013, 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 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 final plat, date stamped by the city on October 17, 2016, designates six-foot (6') wide easements
along interior lot lines. The building setbacks for the Lanewood Subdivision allows buildings to be
located within five -feet of interior lot lines. The applicant should provide a revised final plat
designating five-foot (5') wide easements along interior lot lines.
Note #7 on the final plat, date stamped by the city on October 17, 2016, states, "A portion of lots XX,
Block X are servient to and contain the ACRD storm water drainage system. These lots are
encumbered by that certain master perpetual storm water drainage easements recorded on May 8, 2009
as Instrument No. 109053259, Official Records of Ada County, and First Amended Master Perpetual
Storm Water Drainage Easement recorded on November 10, 2015, as Instrument No. 2015-103256,
Official Records of Ada County and incorporated herein by this reference as if set forth in full (the
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"Master Easement"). The Master Easement and storm water drainage system are dedicated to ACRD
pursuant to Section 40-2302 Idaho Code. The Master Easement is for the operation and maintenance
of the storm water drainage system." The applicant should provide a revised final plat showing Plat
Note #7 revised to designate the lots that are encumbered by Instrument Nos. 109053259 and 2015-
103256 prior to the City Clerk signing the final plat.
• The City Engineer and Planning staff has reviewed the final development plan and final plat. The final
development plan and final plat show that the configuration of lots deviates from the preliminary
development plan and preliminary plat, but the number of lots and minimum lot sizes remain the same.
• 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 November 15, 2016. 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-07-16 & FP -14-16 for a final development plan and final plat
for Lanewood Subdivision No. 2 for Smith Brighton, Inc., with the following staff recommended site
specific conditions of approval with underline text to be added by the Council and strike through text to be
deleted by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of A-03-12/RZ-03-12/CU-03-12/PPUD-01-12/PP-01-12.
3. Comply with all requirements of DR -16-16, 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. The applicant shall provide a revised final plat designating five-foot (5') wide easements along interior
lot lines prior to the City Clerk signing the final plat.
6. The applicant shall provide a revised final plat with Plat Note #7 revised to designate which lots are
encumbered by Instrument Nos 109053259 and 2015-103256 prior to the City Clerk signing the final
plat.
7. The following setbacks and lot coverage requirements shall apply:
Front: 20 -feet (living area), 25 -feet (garage)
Rear: 25 -feet
Interior Side: 5 -feet (Additional 5 -feet per story, measured from 2nd
story)
Street Side: 20 -feet
Maximum Lot Coverage 40%
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8. All common area improvements within Lanewood Subdivision No. 2 as specified on the approved
landscape plan (DR -16-16) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
9. The developer shall provide shade -class trees as shown on the approved landscape plan. Prior to -the
City GIME signing the final issuance of anoccupancypermits for the homes, all fihe-epplisent
shall eithef ins`a1l the required trees, sod, and irrigation shall be installed ef pfevide the City with
le#ff of or -edit fef 150,01a of the eest of the installatien of all landseape and iffigatien ifopr-evefaefits
within landscape strips.
heroes. A temporary occupancy may be issued if weather does not permit landscaping, however, a
surety in accordance with Eagle City Code Section 9-4-2-2 for 150% of the cost of the installation of
all landscape and irrigation improvements shall be provided to the City.
10. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
11. 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.
12. 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.
13. 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.
14. The applicant shall install at the entrances to Lanewood Subdivision No. 1, 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.
15. 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".
16. 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.
17. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
18. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
19. 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. 1, prior to
the issuance of any building permits.
20. 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.
21. 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.
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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:
I . 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 cant' 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 13th day of December, 2016.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho10
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