Findings - CC - 2019 - FPUD-02-10 & FP-03-19 - Final Development Plan And Final Plat For LanewoodBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR LANEWOOD SUBDIVISION NO. 5
FOR SMITH BRIGHTON, INC.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-19 & FP -03-19
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 9, 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:
Smith Brighton, Inc., represented by Kameron Nauahi, is requesting final development plan and final
plat approvals for Lanewood Subdivision No. 5, a 40 -lot (34 -buildable, 6 -common) residential
subdivision. The 20.6 -acre site is located on the east side North Lanewood Road approximately 400 -
feet north of the intersection of North Lanewood Road and West Floating Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 28, 2019.
C. HISTORY:
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 with development
agreement, 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 -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-04-13/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).
On November 15, 2016, the City Council approved a final development plan and final plat for
Lanewood Subdivision No. 2 (FPUD-07- l 6/FP- 1 4-16).
On February 8, 2017, Lanewood Subdivision No. 1 was recorded at the Ada County Recorder's Office.
On September 22, 2017, Lanewood Subdivision No. 2 was recorded at the Ada County Recorder's
Office.
On March 27, 2018, the City Council approved a final development plan and final plat for Lanewood
Subdivision No. 3 (FPUD-02-18/FP-02-18).
On August 14, 2018, the City Council approved a final development plan and final plat for Lanewood
Subdivision No. 4 (FPUD-09-18/FP-10-18).
On September 4, 2018, Lanewood Subdivision No. 3 was recorded at the Ada County Recorder's
Office.
On December 20, 2018, Lanewood Subdivision No. 4 was recorded at the Ada County Recorder's
Office.
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.
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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 February 28, 2019):
• Plat note #1 of the final plat states, "A fifteen and one half (15.50) foot wide permanent public utilities,
lot drainage, and pressure irrigation easement is hereby designated along all lot lines common to a
public right-of-way as shown. A twelve (12) foot wide public utilities, lot drainage, and pressure
irrigation easement is hereby designated along all rear lot lines and the exterior subdivision boundary
line unless dimensioned otherwise. A six (6) foot wide public utilities, lot drainage, and pressure
irrigation easement is hereby designated along each side of interior lot lines. The above easements are
as shown on this plat."
The plat note references a side public utilities easement of six (6) feet. The subdivision was approved
with five (5) foot setbacks, therefore, the applicant should provide a revised final plat with plat note #1
revised to state, "A fifteen and one half (15.50) foot wide permanent public utilities, lot drainage, and
pressure irrigation easement is hereby designated along all lot lines common to a public right-of-way
as shown. A twelve (12) foot wide public utilities, lot drainage, and pressurized irrigation easement is
hereby designated along all rear lot lines and the exterior subdivision boundary line unless dimensioned
otherwise. A five (5) foot wide public utilities, lot drainage, and pressurized irrigation easement is
hereby designated along each side of interior lot lines. The above easements are as shown on this plat."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #3 on the final plat, date stamped by the City on February 28, 2019, states, "Lots 6, Block 6;
Lots 9 and 24, Block 7; Lots 1 and 7, Block 10; Lot 1, Block 11 are common lots which shall be owned
and maintained by the Homestead Owners Association."
The applicant should add to plat note #3 to state, "Lots 6, Block 6; Lots 9 and 24, Block 7; Lots 1 and
7, Block 10; Lot 1, Block 11 are common lots which shall be owned and maintained by the Homestead
Owners Association and shall be subject to a blanket public utilities, drainage, and pressure irrigation
easement in favor of the Homestead Owners Association."
• Plat note #7 on the final plat, date stamped by the City on February 28, 2019, states, "A portion of lots
XX, Block X are servient to and contain the ACHD storm water drainage system. These lots are
encumbered by that first amended 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 "Master Easement"). The Master Easement and storm water drainage system are dedicated to
ACHD 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.
• Plat note #10 of the final plat states, "ACHD Permanent Easement Instrument No.
The applicant should provide a revised final plat showing Plat Note #10 revised to designate the ACHD
Permanent Easement Instrument No. prior to the City Clerk signing the final plat.
• The final plat does not contain a plat note in regard to the development agreement associated with the
rezone for the development. The applicant should provide a revised final plat with a new plat note
which states, "This development is subject to the terms of the development agreement recorded as
instrument #2016-008962, and any subsequent modifications." The revised final plat should be
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provided prior to the City Clerk signing the final plat.
• The "Approval of City Council" on sheet 6 of the final plat states, "I, the undersigned City Clerk in and
for the City of Eagle, Ada County, Idaho, do hereby certify that at a regular meeting of the City Council
held on the day of , this final plat was approved and accepted. City Clerk, Eagle, Idaho
( )." This should be revised to:
I, THE UNDERSIGNED CITY CLERK IN AND FOR THE CITY OF EAGLE, ADA COUNTY,
IDAHO, DO HEREBY CERTIFY THAT AT A REGULAR MEETING OF THE CITY COUNCIL
HELD ON THE DAY OF , THIS FINAL PLAT WAS APPROVED AND ACCEPTED.
CITY CLERK ( ).
The revised final plat should be provided prior to the City Clerk signing the final plat.
• 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; however, the number of lots and minimum lot sizes are in
conformance with the preliminary plat approval.
It is staffs 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 April 9, 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-02-19 & FP -03-19 for a final development plan and final plat
for Lanewood Subdivision No. 5 for Smith Brighton, Inc., with the following site specific conditions of
approval and standard conditions of approval with underline text to be added by the Council and
strikethrough text to be deleted by the with text shown with underline to be added 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. Provide a revised final plat with plat note #1 revised to state, "A fifteen and one half (15.50) foot wide
permanent public utilities easement is hereby designated along all lot lines common to a public right-
of-way as shown. A twelve (12) foot wide public utilities, drainageway and pressurized irrigation
easement is hereby designated along all rear lot lines and the exterior subdivision boundary line unless
dimensioned otherwise. A five (5) foot wide public utilities, drainageway, and pressurized irrigation
easement is hereby designated along each side of interior lot lines. The above easements are as shown
on this plat."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
6. The applicant shall provide a revised final plat designation five-foot (5') wide easements along interior
lot lines prior to the City Clerk signing the final plat.
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7. The applicant shall provide a revised final plat with plat note #3 to state, "Lots 6, Block 6; Lots 9 and
24, Block 7; Lots 1 and 7, Block 10; Lot 1, Block 11 are common lots which shall be owned and
maintained by the Homestead Owners Association and shall be subject to a blanket public utilities,
drainage, and pressure irrigation easement in favor of the Homestead Owners Association."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. 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.
9. The applicant shall provide a revised final plat showing Plat Note #10 revised to designate the ACHD
Permanent Easement Instrument No. prior to the City Clerk signing the final plat.
10. The applicant shall provide a revised final plat with the Approval of City Council, sheet six revised to
state, "I, THE UNDERSIGNED CITY CLERK IN AND FOR THE CITY OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERTIFY THAT AT A REGULAR MEETING OF THE CITY
COUNCIL HELD ON THE DAY OF , THIS FINAL PLAT WAS APPROVED AND
ACCEPTED. CITY CLERK ( )."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
11. Provide a revised final plat with a new plat note which states, "This development is subject to the terms
of the development agreement recorded as instrument #2016-008962, and any subsequent
modifications." The revised final plat shall be provided prior to the City Clerk signing the final plat.
12. The following setbacks and lot coverage requirements shall apply:
Front: 20 -feet (living area), 25 -feet (garage — measured from property
line)
Rear: 25 -feet
Interior Side: 5 -feet (Additional 5 -feet per story, measured from 2nd story)
Street Side: 20 -feet
Maximum Lot Coverage 40%
13. All common area improvements within Lanewood Subdivision No. 5 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.
14. The developer shall provide shade -class trees as shown on the approved landscape plan. Trees shall be
placed at the front of each lot on the side lot lines, or as approved by the Design Review Board and
within five -feet (5') of the edge of the roadway. Prior to the issuance of any occupancy permits for the
homes, all required trees, sod, and irrigation shall be installed within the 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.
15. At the time of providing surety information, the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
16. 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.
17. 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.
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18. 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 Linder 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.
19. 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.
20. The applicant shall install at the entrances to Lanewood Subdivision No. 5, 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.
21. 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".
22. 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.
23. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
24. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
25. The applicant shall include a letter from the Professional Land Surveyor that certifies the submitted
final plat copies have addressed the first set of review comments from the Ada County Surveyor prior
to the 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 Lanewood Subdivision No. 5, prior to the
issuance of any building permits.
27. 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.
28. West Venetian Drive (providing access from North Lanewood Road) shall be the sole access for
Lanewood Subdivision No. 5 site development construction and shall be paved prior to the City issuing
building permits for residential construction. eerist-fuetcd and acceded b -y ACHD prior to the City
i 'ging a "N3tice to Proceed" with construction letter for L-anc i vision No. 5.
29. North Fountainhead Wav at the north boundary of Lanewood Subdivision No. 2 shall be barricaded to
prevent access until Lanewood Subdivision No. 5 streets are paved.
30. Lanewood Subdivision No. 5 site development construction traffic shall only use West Venetian Drive.
31. Signage shall be posted at the Floating Feather Road entrance of Lanewood Subdivision directing
Lanewood Subdivision No. 5 construction traffic to West Venetian Drive.
32. Building Permits shall not be issued until West Venetian Drive and Lanewood Subdivision No. 5 streets
are paved and the project's secondary access is fully functional.
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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:
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.
DATED this 23`d day of April 2019.
CITY COUNCIL
OF THE CiTY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
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14.
Sharon K. Bergmann, Eagle City Qferk
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.
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