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Findings - CC - 2019 - FPUD-12-18 & FP-14-18 - Park Lane Estates Final Development Plan And Final PlatBEFORE THE EAGLE CITY COUNCIL IN THE MATTER OF AN APPLICATION FOR A FINAL DEVELOPMENT PLAN AND FINAL PLAT FOR PARK LANE ESTATES SUBDIVISION YELLOWJACKET DEVELOPMENT, INC. FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-12-18 & FP -14-18 The above -entitled final development plan and final plat applications came before the Eagle City Council for their action on January 8, 2019. 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: Yellowjacket Development, Inc., represented by Corinne Graham, P.E., with Civil Site Works, LLC, is requesting final development plan and final plat approvals for Park Lane Estates Subdivision, a 23 -lot (18 -buildable, 5 -common) residential planned unit development. The 11.23 -acre site is located on the southeast corner of West Beacon Light Road and North Park Lane at 2686 North Park Lane. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on August 15, 2018. A revised final plat was submitted to the City on November 15, 2018. C. HISTORY: On June 12, 2018, the City Council approved an annexation, rezone with development agreement, preliminary development plan, and preliminary plat for Park Lane Estates Subdivision for Yellowjacket Development, Inc.(A-04-17/RZ-08-17/CU-13-17/PPUD-07-17/PP-08-17). On October 23, 2018, the Design Review Board approved a design review application for the common area landscaping within Park Lane Estates Subdivision for Chad Bowers (DR -41-18). D. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and Conclusions of Law dated, October 25, 2016, 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 6 K:1l'lanning Ikptll:agk Appliuttions1SUBS120181I'ark lane Estates Suh crud & Ip ccl:doc 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 November 15, 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. The final development plan and final plat are in substantial compliance with the preliminary development plan and preliminary plat with the conditions recommended herein. • The first line of the title block of the final plat references the name of the subdivision as Park Lane Subdivision. The Ada County approved name associated with the subdivision is Park Lane Estates Subdivision. The applicant should be required to provide a revised final plat with the name of the subdivision shown on the first line of the title block revised to state, "Park Lane Estates Subdivision." The revised final plat should be provided prior to the City Clerk signing the final plat. • The second line of the title block of the final plat states, "A portion of Lot 1 of Whitehorse Subdivision,". The proposed Park Lane Estates Subdivision is a re -subdivision of Lot 1, Block 1, Whitehorse Subdivision in its entirety. The applicant should be required to provide a revised final plat with the second line of the title block revised to state, "A re -subdivision of Lot 1, Block 1, Whitehorse Subdivision,". The revised final plat should be provided prior to the City Clerk signing the final plat. • Plat notes # 4 and 7, reference Park Lane Subdivision and Park Lane Subdivision Homeowners Association. The Ada County approved name for the subdivision is Park Lane Estates Subdivision. The applicant should be required to provide a revised final plat with plat notes #4 and 7, revised to reference Park Lane Estates Subdivision and Park Lane Estates Subdivision Homeowners Association. The revised final plat should be provided prior to the City Clerk signing the final plat. • Condition of Development #3.4 of the development agreement states 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, 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 Page 2 of 6 K:U'Ianning Dept\Eagle Applicatiuns\SUI4S\20181Park Lane Estates Sub spud & fp cct:doc dissolved without the express consent of the city. (b) A requirement for all fencing located adjacent to open space and corner 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. (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. The CC&R's provided by the applicant do not adequately address condition of development #3.4 of the development agreement. The applicant should be required to provide revised CC&Rs which address the requirements of condition of approval #3.4 of the development agreement. The CC&Rs should contain a provision that the sections governing the items identified in condition of development #3.4(a) cannot be removed without the express consent of the City. The revised CC&Rs should be reviewed and approved by staff and the City Engineer prior to the City Clerk signing the final plat. • Site specific condition of approval #14 states, "Provide an operation and maintenance manual that also provides a funding mechanism for the replacement of pumps associated with the pressurized irrigation system. The operation and maintenance manual shall be submitted with the final development plan/final plat applications." To date, the applicant has not provided the pressurized irrigation operation manual as required pursuant to the site specific condition of approval. The applicant will be required to provide a pressurized irrigation system operation and maintenance manual that also provides a funding mechanism for the replacement pumps associated with the pressurized irrigation system. The operation and maintenance manual should be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. The operation and maintenance manual should be included as an appendix to the CC&Rs. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval of the Park Lane Estates final development plan and final plat with the conditions of approval provided within the staff report. REVIEW BY THE COUNCIL: A review by the City Council was completed on January 8, 2019. 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-12-18 & FP -14-18 for a final development plan and final plat for Park Lane Estates Subdivision for Yellowjacket Development, 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-08-17/CU-13-17/PPUD-07-17/PP-08-17. 3. Comply with the conditions of DR -41-18. 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, Page 3 of 6 K:I1'lanning I)cptUiaglc Applications\SUBS12O1811'ark Lars Estates Sub fpud & Ip ccGdoc whichever occurs first. 5. Provide a revised final plat with the name of the subdivision shown on the first line of the title block revised to state, "Park Lane Estates Subdivision." The revised final plat shall be provided prior to the City Clerk signing the final plat. 6. Provide a revised final plat with the second line of the title block revised to state, "A re -subdivision of Lot 1, Block 1, Whitehorse Subdivision,". The revised final plat shall be provided prior to the City Clerk signing the final plat. 7. Provide a revised final plat with plat notes #4 and 7, revised to reference Park Lane Estates Subdivision and Park Lane Estates Subdivision Homeowners Association. The revised final plat shall be provided prior to the City Clerk signing the final plat. 8. Provide revised CC&Rs which address the requirements of condition of approval #3.4 of the development agreement. The CC&Rs shall contain a provision that the sections governing the items identified in condition of development #3.4(a) cannot be removed without the express consent of the City. The revised CC&Rs shall be reviewed and approved by staff and the City Engineer prior to the City Clerk signing the final plat. 9. Provide a pressurized irrigation system operation and maintenance manual that also provides a funding mechanism for the replacement pumps associated with the pressurized irrigation system. The operation and maintenance manual shall be reviewed and approved by the City Engineer prior to the City Clerk signing the final plat. The operation and maintenance manual shall be included as an appendix to the CC&Rs. 10. The following setbacks and lot coverage requirements shall apply: Front Rear Side Side (Lots 4-8, 13-20, Block 1) Maximum Coverage 40% Lot 3, Block 2 Front Rear (east property line) Side (north property line) 33 -feet 30 -feet 10 -feet (additional 5-feet/story) 7.5 -feet (additional 5-feet/story) 33 -feet 25 -feet 7.5 -feet (additional 5-feet/story) Maximum Coverage 40% 11. All common area improvements within Park Lane Estates Subdivision as specified on the approved landscape plan (DR -41-18) shall be completed or a surety shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat. 12. The developer shall provide 2 -inch minimum caliper 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. Page 4 of 6 K:U'lanning tkptU:agle Applicativac&SUBS120181'ark Late Estates Sub tpud & Ip rct.di>L 13. 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. 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 Park Lane Estates 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. 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 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. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to the City Clerk signing the final plat. 22. All common area improvements shall be completed, or a surety shall be provided as required by Eagle City Code, prior to the City Clerk signing the final plat. 23. Provide a revised 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 fencing (i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required front yard area shall be open -style and 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." 24. The revised CC&Rs shall be provided prior to the City Clerk signing the final plat. 25. Provide a fencing exhibit showing the design review approved style(s) and locations of all fencing to be installed within the development. The fencing exhibit shall be reviewed and approved by staff prior Page 5 of 6 K M inning Dept\Eagle Applicatioas\SUBS120181Park Linc Estates Suh 1pud & fp ceIdoc to City Clerk signing the final plat. 26. 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 Park Lane Estates Subdivision, prior to the issuance of any 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; 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. DATED this 22"d day of January 2019. CITY COUNCIL OF THE CITY OF EAGLE Ada Co my, Idaho, --2...z. �} i Stan Ridgeway, Mayor ATTEST: Sharon K. Bergmann, Eagle City Clerk C,L.E ••••••••� • • ,�• , , •� • • . ti •\> • o� �Q•. •••• I\1,et.••* 4; Reconsideration Notice. Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within fourteen (14) days of the final written decision. Page 6 of 6 K Planning DATE 11,41e Apphca on,VSCtis1'_u 181park Lane 1 +taut Sub Ipud K Ip u I due 1/4 COIINH6 its IMO a119 3014-010412 PARK LANE SUBDIVISION A PORTION OF LOT 1 OF WHITEHORSE SUBDIVISION, LYING WITHIN GOVERNMENT LOT Z SECTION 1, T. 4 N., R. 1 W., B.M., CITY OF EAGLE, ADA COUNTY, IDAHO 2018 W. 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P107 PART unoLARED SHONE WO. 1072. 611OOt7 10027 SHO. 05 107, PG 14952.14953 '// 107x ROM 2 Haar' 941 .1104 PG 14947.14953 4�s 4,5 w• ClLUe LTi41___ PCS ONO 0612014090416 36 31 1 6 °a q crz Fz 6.4 SCALE 40 4 40 40 191411 1 INCH • 40 R UNE TABLE LEGEND RECEIVED & FILED CITY OF FAGI F NOTES i =OK , PAGE NOV 1 5: 2018 PERMANENT PUBIC UTILIrTS, PRESSURE IRRIGATION AND IDT DRAINAGE AND OTY OF STREET U(M EASEMENTS ARE DESIGNATED ALONG 741E FOLLOWING UNRLSS OR DIMENSIONED OTHERWISE: 1_ , A:. � a.., , OF WAY. FEET NIDE ADJACENT TO THE EXTERIOR SU81 'VISION BOUNDARY GR (SIDE) LOT LINES. 2. BUILDING SETBACK UNES SHALL THE QTY OF EAGLE ZONING ORDINANCE IN EFFECT AT TINE OF ISSUANCE OFA BUILDING PERMIT ORAS SPECIFICALLY APPROVED. 3. ANY RE -SUBDIVISION OF THIS PLAT SHALL COMPLY WITH QTY CODE IN EFF'EC'T AT THE TIME OF THE RE-SUBOMSIOH. 4. LOTS 1, 10, 12, 17, BLOCK 1 AND LOT 1, BLOCK 2 ARE DESIGNATED A5 COMMON LOTS AND ARE 70 BE OWNED AND MAINTAINED 87 THE PARK LANE SUSDMSION HOMEOWNERS ASSOCIATION. S. IRRIGATION WATER HAS BEEN HISTORICALLY PROVIDED 8Y FARMERS MNMIMI DITOf CO„ INC IN COMPLIANCE WITH IDAHO CODE 31.3805(8). ALL LOTS WITHIN THIS SUBDMSION WILL RECEIVE WATER FROM A PRIVATE WELL OWNED AND MAINTAINTAINED BY THE PARK LANE ESTATES SUBDIVISION HOMEOWNERS ASSOC ALL LOTS WITHIN THIS SUBDIVISION WILL ALSO BE ENTITLED 7O IRRIGATION WATER FROM THE FARMERS TI N10N DITCH CO., INC, AND WILL BE OBLIGATED FOR ASSESSMENTS FROM THE FARMERS MON DITCH CO., INC 6. DIRECT LOT ACCESS TON, PARK LANE AND W. BEACON UGHT IS PROHIBITED, UNLESS SPECIFICALLY APPROVED BY ADA COUNTY HIGHWAY DISTRICT AND THE QTY OF EAGLE. 7. THIS SUBDIVISION SILALL BE SUBJECT TO THE TERMS AND CONDITIONS OF THE RECORDED CCARS FOR PARK LANE SUBDIVISION AND THE PARK LANE SUBDIVISION HOMEOWNERS ASSOCIATION, INC, RECORDED AS INSTRUMENT NO. OfFICLLL RECORDS OF ADA COUNTY, 03/4140. THIS DEVELOPMENT RECOGNIZES raw CODE 22.4503, RIGHT TO FARM ACT,1VM04 STATS THAT NO AGRICULTURAL OPERATION, AG (CULTURAL FAOUIY OR DOANSION THEREOF SHALL BE OR BECOME A NUISANCE, PRIVATE OR PUBUC, BY ANY CHARGED CONDITIONS IN OR ABOUT THE AAIRDUNIDING NOM-AGRIC(LTUVAL ACTMTL HAS BEEN IN OPERATION FOR MORE THAN ONE (I) YEAR, WHEN THE OPERATI FACILITY OR DOIANSION WAS NOTA NUISANCE AT THE TIME IT BEGAN 0R W. CONSTRUCTED; PROWDED, THAT THE PROVISIONS OF THIS SECTION SHALL A WHENEVER A NUISANCE RESULTS FROM THE IMPROPER OR NEGLIGENT OPER. ANY AGRICULTURAL OPERATION AGR( I TURAL FACILITY OR DEPANSION TH 9. THE PRESSURIZED IRRIGATION SYSTEM SHALL BE OWNED AND MAINTAINED 1 LANE ESTATES SUBDMSIOM HOMEOWNERS ASSOCIATION. 10. A P0R77ON OF LOTS 12, AND 17, BLOCK 1, ARE SERVIENT TO AND CONTAIN 1 STORM WATER DRAINAGE SYSTEM. THESE LOTS ARE ENCUMBERED BY THE FI AMENDED MASTER PERPETUAL STORM WATER DRAINAGE EASEMENT RECORD NOVEMBER 10, 2015 AS INSTRUMENT NO. 2015-103256, AICA COUNTY RECORI INCORPORATED HEREIN 8Y THIS REFERENCE AS IF SET FORTH 1N RRL (THE EASEMENT). THE MASTER EASEMENT AND THE STORM WATER DRAINAGE SY DEDICATED TO ACID PURSUANT TO SECTION 40.2302 IDAHO CODE THE MA EASEMENT IS FOR THE OPERATION AND MAINTENANCE OF THE STORM WATT SYSTEM. 11. THIS DEVELOPMENT IS SUBJECT TO THE DEVELOPMENT AGREEMENTASSOO/ RZ-08.17, AND ANY SUBSEQUENT MODIFICZACTIONS. 740 a BOUNDARY UNE NFW LOT LINE EXISTING OTHER PROPERTY UNE CENTERLINE CURVE TABLE SECTIONAL UNE ACID SIDEWALK EASEMENT 1NST NO. 10000-X20 OI EASEMENT ACRD STORM DRAIN EASEMENT MOND S/8' ROAR FOUND 1/2' ROAR FOUND ALUMINUM CAP SET S/8' REOAR/CAP PLS 14221 SET I/2• REAR/CAP PLS 14221 CALCULATED POINT LOT NUMBER 4044 36m 2I 2030 S WASHINGTON AVE. EMMETT, ID 83617 (208) 398-8104 ...1,w7-007.--17 W�,��BI�roM LarxJSu/vyiri, LLC 1 OF 3 111/14/18 IMAM tl r: txtRED tl r: I 17129 17129 -FP