Findings - CC - 2018 - FPUD-03-18 & FP-03-18 - Fianal Development PlanBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
AND FINAL PLAT FOR LANEWOOD
CHURCH SUBDIVISION FOR BRIGHTON
INVESTMENTS, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-18 & FP -03-18
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 14, 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:
Brighton Investments, Inc., represented by Kent Brown, is requesting final development plan and final
plat approvals for Lanewood Church Subdivision, a 1 -lot (1 -buildable, 2 -common), subdivision. The
26.6 -acre site is 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 applications for this item were received by the City of Eagle on February 1, 2018. Revised final
plat submittals addressing the City Engineer's letter, dated February 23, 2018, were received by the
City on July 12, 2018.
C. 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/ZCIPUD/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-
12IRZ-03-12/CU-03-12IPPUD-01-12IPP-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 -01-12) (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-04-13IPP-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).
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On June 23, 2016, the Design Review Board approved a common area landscaping plan for Lanewood
Subdivision (DR -16-16).
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).
On December 13, 2016, the City Council approved a final development plan and final plat for
Lanewood Subdivision No. 2 (FPUD-07-16/FP-14-16).
On February 8, 2017, Lanewood Subdivision No. 1 was recorded at the Ada County Recorder's Office.
On April 11, 2017, the City Council approved a development agreement modification to provide a
revised fencing exhibit to the development agreement and allow for a church site to be located within
Lanewood Subdivision No. 2 (RZ-04-13 MOD).
On September 22, 2017, Lanewood Subdivision No. 2 was recorded at the Ada County Recorder's
Office.
On March 13, 2018, the City Council approved a final development plan and final plat for Lanewood
Subdivision No. 3 (FPUD-02-18/FP-02-18).
On April 12, 2018, the Design Review Board recommended approval of a church building within
Lanewood Church Subdivision (Lot 1, Block 1) (DR -10-18).
On June 12, 2018, the City Council approved a conditional use permit for a height exception to 69 -feet
for a church steeple (CU -02-18).
On June 26, 2018, the City Council approved a design review to construct a church building within
Lanewood Church Subdivision (DR -10-18).
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;
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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 have 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. The preliminary plat was approved with 12 -residential lots
within the subject site. The applicant received approval of a development agreement modification to
allow for a church site, therefore, reducing the number of lots from 12 -residential to 1 -church lot.
• The final plat, date stamped by the City on February 1, 2018, shows the subdivision contains 1 -
buildable lot and 2 -common lots (Lot 1, Block 2 and Lot 1, Block 3). Plat note #2 states, "Lot 1, Block
2 is a common lot which shall be owned and maintained by the owners association and shall be subject
to a blanket public utilities easement." The applicant should be required to provide a revised final plat
with plat note #2 revised to state, "Lot 1, Block 2 and Lot 1, Block 3 are common lots which shall be
owned and maintained by the owners association and shall be subject to a blanket public utilities
easement." The revised final plat should be provided prior to the City Clerk signing the final plat.
• 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 August 14, 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-03-18 & FP -03-18 for a final development plan and final plat
for Lanewood Church Subdivision for Smith Investments, Inc., with the following staff recommended 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-04-13MOD/CU-03- l 2/PPUD-01-12/PP-01-12.
3. Comply with all requirements of DR -10-18, 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. Provide a revised final plat with plat note #2 revised to state, "Lot 1, Block 2 and Lot 1, Block 3 are
common lots which shall be owned and maintained by the owners association and shall be subject to a
blanket public utilities easement." The revised final plat shall be provided prior to the City Clerk signing
the final plat.
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6. All common area improvements within Lanewood Church Subdivision as specified on the approved
landscape plan (DR -10-18) shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
7. The developer shall provide shade -class trees as shown on the approved landscape plan. 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.
8. At the time of providing surety information, the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
9. 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.
10. 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.
11. Provide a site/fencing plan showing the type (open style) and location of fencing located between all
common lots and residential lots, and along the street side of all corner lots prior the issuance of a notice
to proceed letter.
12. 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.
13. The applicant shall install at the entrances to Lanewood Church Subdivision, 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.
14. 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".
15. 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.
16. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
17. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
18. 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 Church Subdivision, prior to the
issuance of any building permits.
19. Provide a copy of the CC&Rs with the following language included:
"All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open -style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
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fencing (i.e. cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area
shall be limited to four -feet (4') in height."
"In the event any of the CC&R's are less restrictive than any government rules, regulations or
ordinances, then the more restrictive government rule, regulation or ordinances shall apply. The
CC&R's 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&R's
unlawful, then in such event that portion shall be deemed to be amended to comply with the applicable
rule, regulation, law or ordinance."
"All maintenance of street lights, pressurized irrigation, and common areas shall be maintained in
perpetuity by the Association. Any changes or modifications to the aforementioned facilities shall
require the prior approval of the City of Eagle and any other governmental entity having jurisdiction of
the Property."
The CC&Rs shall be provided prior to the City Clerk signing the final plat.
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.
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. The church use proposed on the site was approved through the development agreement associated
with the rezone;
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.
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DATED this 28th day of August, 2018.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City 1 erk
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