Findings - PZ - 2005 - FPUD-3-05 & FP-5-05 - Final Development Plan For Two Rivers Subd #11/
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION )
FOR A FINAL DEVELOPMENT PLAN AND )
FINAL PLAT FOR TWO RIVERS SUBDIVISION)
NO. 11 FOR T. R. COMPANY LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-05 & FP-5-05
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on June 20, 2005. The Commission 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final
plat approval for Two Rivers Subdivision No. 11, a 19-10t (IS-buildable, 3-common, I-private
road) residential subdivision. This 14.8S-acre phase of Quarter Circle Ranch PUD is located
approximately 4S0-feet west of Eagle Road and south of West Two Rivers Drive and east of South
Channel Way.
B. HISTORYIPRELIMINARY PUDIPLAT FINDINGS:
The City Council approved the PUD for Quarter Circle Ranch Subdivision on April 27, 1999.
The Findings of Fact and Conclusions of Law for the rezone, conditional use permit, preliminary
plat, and preliminary development plan are attached hereto and are incorporated herein by
reference.
C. 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
8. The existing and proposed utility services are adequate for the population densities and
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nonresidential uses proposed.
D. 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.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
Planning staff and the City Engineer have reviewed the final development plan and final plat. This
phase differs from the original preliminary development plan in street configuration and lot
quantity. Previously two cul-de-sac streets and one knuckle where proposed within this area with
a total of 24 lots. Now one cul-de-sac street is proposed with a total of 19 lots, 15 of which are
buildable. Considering these changes, it is staff s opinion that this eleventh phase of the final
development plan can meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B
and C (as noted herein) with the conditions recommended herein and that the phase eleven 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 June 20, 2005. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of FPUD-3-0S & FP-S-OS for a final
development plan and final plat approval for Two Rivers Subdivision No. 11 with the following
staff recommended site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer in the letter date stamped by the City on June
1, 2005.
2. Comply with all applicable conditions of RZ-I0-98/CU-9-98/PPUD-2-98/PP-8-98.
3. Comply with the conditions ofDR-SO-99 & DR-14-03.
4. Comply with the conditions of FPDP-I-03.
S. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
6. Any subdivision signage, sign lighting, and sign landscaping shall be reviewed and approved
by the Design Review Board prior to the City Clerk signing the final plat.
7. The developer shall provide 3-inch minimum caliper shade-class trees as shown on along both
sides of all streets (including private) within this development. Trees shall be placed at the
front of each lot generally located on each side lot line. The trees shall be located in the S-foot
wide landscape strip between the sidewalk and the curb, or trees on the side of the street with
no sidewalk shall be placed within five feet (5') of the edge of roadway. Prior to the City Clerk
signing the final plat for each phase, 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 within the S-foot wide landscape strip. Trees
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shall be installed prior to obtaining any occupancy permits for the homes. A temporary
occupancy may be issued if weather does not permit landscaping.
8. The applicant shall submit for the additional private street application fee of $180.00 prior to
the City Clerk signing the final plat.
9. Provide a note on the plat that states that the restrictive covenant for maintenance of the
private streets cannot be modified and the homeowners' association cannot be dissolved
without the express consent of the City.
10. The applicant shall construct a minimum S-foot wide gravel pathway within Lot 24, Block 21.
11. The lots within Phase 11 are approved as "Luxury Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD findings for "Luxury Lots", which are approved as follows:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
12. Provide a note on the final plat and a statement within the CC&Rs which states that
commercial and agricultural traffic will be using the public streets within this development for
access to and from Eagle Road to parcels not within the development, prior to the City
Engineer signing the final plat.
13. 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.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on March 23, 2005.
B. In accordance Eagle City Code Section 8-6-6-3 B the Commission finds that the facts submitted with
the application and presented to the Commission, 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 conditions placed on this development;
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 based upon written responses received from the highway districts
having jurisdiction;
4. No commercial development is proposed;
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 varied lot sizes and setbacks as specifically
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approved by the City and noted below will allow for a mix of housing types in accordance
with the Comprehensive Plan;
Setbacks for the Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
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 proposed utility services are adequate for the population densities as noted by
the agencies which will serve the development.
DATED this 5th day of July 2005.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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