Findings - CC - 2005 - FPUD-1-05/FP-1-05 - Shadow View Subd Pud/52 Lot/14.6 Acre/10943 Through 11053 Hsb
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR SHADOW VIEW PUD SUBDIVISION
FOR HILL VIEW DEVELOPMENT CORPORATION
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-I-OS & FP-I-OS
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on February 22, 2005. 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:
Hillview Development Corporation, represented by Land Consultants Inc., is requesting final
development plan and final plat approval for phase 2 of Shadow View Subdivision PUD (also known
as Shadow Ridge), a 52-lot (45-buildable, 7-common) residential subdivision. This 14.6-acre phase of
the Shadow Ridge Subdivision PUD is located on the west side of Horseshoe Bend Road at 10943
through 11053 Horseshoe Bend Road.
B. HISTORY:
The City Council approved the PUD for Shadow Ridge Subdivision PUD on July 27, 2004. The
Findings of Fact and Conclusions of Law for the annexation, rezone, conditional use permit,
preliminary plat, and preliminary development plan are attached.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated August 10,2004, are attached.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission shall find that the facts submitted with the application and presented to them
establish that:
1. The proposed development can be initiated within one year of the date of approval;
2. Each individual unit of the development, as well as the total development, can exist as an
independent unit 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;
3. 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;
4. Any proposed commercial development can be justified at the locations 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;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
7. The PUD is in general conformance with the Comprehensive Plan; and
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8. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (C):
Upon granting or denying the application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
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. It
is staff's opinion that this final development plan can meet the Findings of Fact required in Eagle
City Code Section 8-6-6-3 Band C (as noted herein) with the conditions recommended herein and
that the final plat will be in substantial compliance with the preliminary plat with the conditions
herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on February 7, 2005. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of FPUD-I-05 & FP-I-05 for
a final development plan and final plat for Shadow View (aka Shadow Ridge) PUD Subdivision
with the staff recommended site specific conditions of approval shown within their Findings of
Fact and Conclusions of Law document, dated February 15,2005.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on February 22, 2005. The Council made their
decision at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve FPUD-I-05 & FP-I-05 for a final
development plan and final plat for Shadow View (aka Shadow Ridge) PUD Subdivision with the
following Planning and Zoning Commission recommended site specific conditions of approval:
1. Comply with all conditions of the City Engineer's letter dated January 21, 2005, prior to the
City Engineer signing the final plat.
2. Comply with all applicable conditions of CU-3-04/PPUD-I-04/PP-3-04.
3. Comply with the conditions ofDR-91-04.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Engineer signing the final plat.
5. The developer shall provide 3-inch minimum caliper shade-class trees (as shown on the
landscape plans 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 on the side lot
lines, as approved by the Design Review Board. The trees shall be located in the 5-foot wide
landscape strip between the 5-foot wide concrete sidewalk and the curb. Prior to the City
Clerk signing the final plat, the applicant shall either install the required trees, sod, and
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irrigation or provide the City with a letter of credit for 150% of the cost of the installation of
all landscape and irrigation improvements within the 5-foot wide landscape strip. 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.
6. The applicant shall construct the 6-foot wide concrete pathway within Lot I, Block 3, prior to
the issuance of any building permits for Lots 7 and 8, Block 3.
7. Setbacks for the subdivision are approved as follows:
Setbacks for Type "A" Lots as shown on the colored map date stamped by the City of
Eagle on June 10, 2004, are standard as shown in ECC 8-2-4 for the R-4 zoning district
Setbacks for Type "B" and "C" Lots as shown on the colored map date stamped by the
City of Eagle on June 10,2004, are standard as shown in ECC 8-2-4 for the R-4 zoning
district except that side setbacks are permitted to be reduced to five-feet (5') for the first
story, second story shall be a minimum of 7.5 - feet.
8. Provide a copy of the CC&Rs which reference the Shadow View Subdivision, NOT the Red
Shadow View Subdivision. Provide a copy of the CC&Rs for review and approval, prior to
the City Clerk signing the final plat.
9. All existing buildings that interfere with the roadways or lot lines shall be removed from the
site prior to the City Clerk signing the final plat. Demolition permits shall be obtained prior to
the removal of said buildings.
10. 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."
11. 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.
12. The applicant shall maintain a 4' x 4' plywood or other hard surface sign (mounted on two 4"x
4" posts with the bottom of the sign being a minimum of 3-feet above the ground) at the
entrances into the subdivision noticing the contractors to clean up daily, no loud music, and no
dogs off leash.
CONCLUSIONS OF LAW:
A. The final plat application for this item was received by the City of Eagle on January 4, 2005.
B. 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. The proposed development can 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, can exist as an
independent unit 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 because of
the features to be provided with this project and the conditions placed on this development;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
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and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD based upon written responses received from the highway district
having jurisdiction over the public rights-of-way;
4. No commercial development is proposed with nor approved with this development;
S. 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 PUD has been approved with reduced setbacks to
allow for greater flexibility to provide a variety of housing types within the development, and
designed with a large park in which there is an opportunity for residents to congregate and
socialize in a central area;
6. The area surrounding the development can be planned and zoned in coordination and
substantial compatibility with the proposed development since the development will include
stub streets to adjoining parcels which will provide intra-neighborhood connectivity upon
further development of said parcels. The character of the general vicinity will continue in a
similar manner since existing older homes will be preserved and incorporated into the
development, and will have dwellings that are similar in design to those single-family
dwellings that have gradually been established in the areas surrounding this property;
7. The PUD is in general conformance with the Comprehensive Plan since the Plan calls for
residential densities of up to four dwelling units per gross acre for this area, and the
development will be built with a variety of housing types to accommodate residents with
varying life style needs; and
8. The existing and proposed utility services are adequate to serve the single-family residential
uses on this property, as noted by the agencies which will serve the development.
DATED this 8th day of March 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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