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Findings - CC - 2018 - FPUD-06-18 & FP-06-18 - Final Development Plan And Fp For Borookway Subd No. 1BEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR BROOKWAY SUBDIVISION NO. 1 FOR HEARTLAND HOMES FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-06-18 & FP -06-18 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on July 24, 2018. 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: Heartland Homes, represented by Kent Brown with Kent Brown Planning Services, is requesting final development plan and final plat approvals for Brookway Subdivision No. 1, a 32 -lot (23 -buildable, 9 - common) residential subdivision. The 13.48 -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 May 8, 2018. Revisions to address the City Engineer's initial review comments were submitted on July 12, 2018. 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-02-17/RZ-05-17ICU-12-17/PPUD-06-17/PP-06-17). On May 22, 2018, the City Council approved the common area landscaping within Brookway Subdivison for Trilogy Development (DR -17-18). 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 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; Page 1 of 7 K:11'lanning Deptll:agle Applications\SUBS120181Brookway Sub No. 1 fp & fpud ccf.ducx 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 (based on the final plat, date stamped by the City on May 8, 2018): • 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. 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. • Plat note #1(Notes) of the final plat states, "Any re -subdivision of this plat shall comply with the applicable zoning regulations in effect at the time of re -subdivision." • The plat note does not reference the subdivision regulations required pursuant to Eagle City Code for the subdivision of property. The applicant should provide a revised final plat with plat note #1 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 #1 (Easement Notes) of the final plat states, "All utility easements shown or designated hereon are non-exclusive, perpetual, shall run with the land, are appurtenant to the lots shown hereon, and are hereby reserved for the installation, maintenance, operation, and use of public and private utilities, pressurized & gravity irrigation, irrigation waste ditches, sewer service, cable television/date; appurtenances thereto; and lot drainage." • The final plat map shows the rear lot easement width at 10 -feet and the interior side lot line easement width of 5 -feet. Pursuant to Eagle City Code Section 9-3-6, the required minimum rear lot line utility and drainage easement width is 12 -feet, and the minimum utility and drainage side lot line easement with is 6 -feet for a total of 12 -feet. The applicant should be required to provide a revised final plat showing the rear lot line easements a minimum of 12 -feet in width and showing the side lot line easements a minimum of 6 -feet in width. The revised final plat should be provided prior to the City Clerk signing the final plat. • Plat note #3 (Notes) of the final plat states, "Minimum building setback lines shall be in conformance with the City of Eagle Zoning Ordinance at the time of issuance of a building permit or as specifically approved by the conditions of development for RZ-05-02 MOD, Instrument No. #########." Page 2 of 7 K:IPlanning DrptlEagle Applicalions\SUBS12018111nwkway Sub No. I Fp & fpud cct:docx • The setbacks for the subdivision were approved as part of the planned unit development and are not a condition of development within the development agreement. The applicant should be required to provide a revised final plat with plat note #3 revised to state, "Minimum building setback lines shall be in conformance with the City of Eagle Zoning Ordinance at the time of issuance of a building permit or as specifically approved and/or required." The revised final plat should be provided prior to the City Clerk signing the final plat. • Plat note #8 (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 #8 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 May 8, 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 comer 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 (ie. 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. • Exhibit "C", Legal Description of Common Lots, of the draft Declaration of Covenants, Conditions, and Restrictions for Brookway Subdivision (CC&Rs), date stamped by the City on May 8, 2018, states, "Phase one of the Brookway Subdivision does not contain and Common Lots. The remainder of the Brookway Subdivision contains Common Lots and will be shown and identified in subsequent plats, amendments and supplemental declarations to this Declaration." • Plat note #2 (Notes) of the final plat states, "Lots 1 and 10, of Block 1, Lot 1 of Block 2, Lot 1 of Block 3, Lots 2 and 10 of Block 4 and Lots 1, 5, and 8 of Block 5 are designated as common lots; which shall be owned and maintained by the Brookway Subdivision Homeowner's Association." • The applicant should be required to provide revised CC&Rs with Exhibit "C" revised to reference the common lots identified within plat note #2 (Notes). The revised CC&Rs should be reviewed and approved by staff prior to the City Clerk signing the final plat. REVIEW BY THE COUNCIL: A review by the City Council was completed on July 24, 2018. 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-06-18 & FP -06-18 for a final development plan and final plat for Brookway Subdivision No. 1 for Heartland Homes, with the following staff recommended site specific conditions of approval: Page 3 of 7 K:\Planning f)cpt\Eagle Applications\SUBS121)18113rookway Sub No. 1 1p & t'pud cct doex SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all requirements of the City Engineer. 2. Comply with all applicable requirements of A-02-17/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, "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. 7. Provide a revised final plat showing the rear lot line easements a minimum of 12 -feet in width and showing the side lot line easements a minimum of 6 -feet in width. 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 #3 revised to state, "Minimum building setback lines shall be in conformance with the City of Eagle Zoning Ordinance at the time of issuance of a building permit or as specifically approved and/or required." The revised final plat shall be provided prior to the City Clerk signing the final plat. 9. Provide a revised final plat with plat note #8 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. 10. 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. 11. Provide revised CC&Rs with Exhibit "C" revised to reference the common lots identified within plat note #2 (Notes). The revised CC&Rs shall be reviewed and approved by staff prior to the City Clerk signing the final plat. 12. All common area improvements within Brookway Subdivision No. 1 as specified on the approved landscape plan (DR -17-18) shall be completed prior to the City Clerk signing the final plat. Page 4 of 7 K:IPlanning Ikptlliaglc Application.\SUBS120181Brookway Sub No. 1 rp & fpud cadocx 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 in an 8 -foot wide landscape strip between the 5 -foot wide concrete sidewalk and the curb. Prior to the issuance of any occupancy permits for the homes, all required trees, sod, and irrigation shall be installed within landscape strips. 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. 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 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. 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. The applicant shall obtain a demolition permit from the Eagle Building Department for removal of the existing structures located onsite. The structures shall be removed prior to the City Clerk signing the final plat. 19. Provide documentation from the subdivision contractor indicating the potable wells and septic systems previously located on the site were properly abandoned. The documentation shall be provided prior to the City Clerk signing the final plat. 20. 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. 21. 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. 22. The applicant shall install at the entrances to Brookway 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. 23. 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". 24. 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. 25. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to the City Clerk signing the final plat. Page 5 of 7 K:\l'Ianning Dcptllagle Application,1SUBS121118111rookway Sub No. 1 [p & (put] cadocx 26. 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. 27. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 28. 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. 1, prior to the issuance of any building permits. 29. 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; 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. Page 6 of 7 K:1Planning lhhptlEiaglc ApplicationslSUBS120181Brookway Sub No. 1 Ip & fpud ccl:docx DATED this 14th day of August, 2018. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle Cityberk Page 7 of 7 K\II.Inning Ikpill.agl Appla.anunyl\l'IiN24)1%1lirunkuas Sub N' 1Ip & Ipud cc! do"