Findings - CC - 2005 - FPUD-4-05/FP-6-05 - Tworivers Subd No 12/15 Lot/3.54 Acre(Quarter Circle Ranch)
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A FINAL DEVELOPMENT PLAN AND )
FINAL PLAT FOR TWO RIVERS SUBDIVISION )
NO. 12 FOR T. R. COMPANY LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-05/FP-6-05
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 26, 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final
plat approval for Two Rivers Subdivision No. 12, a IS-lot (9-buildable, 5-common, I-private road)
residential subdivision. This 3.54-acre phase of Quarter Circle Ranch PUD is located on the
southwest corner of West Two Rivers Drive and Eagle Road.
B. HISTORYIPRELIMINARY PUDIPLAT FINDINGS:
The City Council approved the PUD for Quarter Circle Ranch Subdivision on April 27, 1999. On
December 17, 2002, the Eagle City Council approved a modification to the PUD for Quarter
Circle Ranch Subdivision to add 6.97-acres and 24-lots. The Findings of Fact and Conclusions of
Law dated April 27, 1999, and December 17,2002, 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
estab lish 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 walTanted 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
nonresidential uses proposed.
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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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
Planning staff and the City Engineer have reviewed the final development plan and final plat. This
phase was added to the Quarter Circle Ranch through a modification and differs from the original
preliminary development plan in lot quantity. Previously fourteen (14) buildable lots were
proposed within this area and with this application nine (9) buildable lots are proposed.
Considering this change, it is staffs opinion that this twelfth phase of the 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 phase twelve final plat will be in
substantial compliance with the preliminary plat with the conditions herein.
The front of Lots 43 and 45 do not meet the minimum width of 35-feet required by Eagle City
Code. The applicant should be required to provide a revised plat showing the front lot widths of
Lots 43 and 45 to have a minimum width of 35-feet. The revised plat should be reviewed and
approved by staff and the City Engineer prior to the City Clerk signing the final plat.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on July 5, 2005. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Bandy absent) to recommend approval of FPUD-4-05 & FP-6-05
for a final development plan and final plat approval for Two Rivers Subdivision No. 12 with the
site specific conditions of approval shown within their Findings of Fact and Conclusions of Law
document dated July 18,2005.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on July 26, 2005. The Council made their decisions
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 1 (Guerber against) to approve FPUD-3-05 & FP-5-05 for a final
development plan and final plat approval for Two Rivers Subdivision No. 12 with the following
Planning and Zoning Commission recommended site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPRO V AL:
1. Comply with all conditions of the City Engineer as noted within their letter date stamped by
the City on June 21, 2005.
2. Comply with all applicable conditions of RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98 and RZ-lO-
98/CU-9-98/PPUD-2-98/PP-8-98 MOD.
3. Comply with the conditions ofDR-50-99 and DR-I4-03.
4. Comply with the conditions of FPDP-2-05.
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5. 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 5-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 ilTigation 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.
8. 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.
9. Provide a revised plat showing the front lot widths of Lots 43 and 45 to have a minimum
width of 35-feet. The revised plat shall be reviewed and approved by staff and the City
Engineer prior to the City Clerk signing the final plat.
10. The lots within Phase 12 are approved as "Carnage Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD findings for "Carriage Lots", which are approved as follows:
Front 15 feet
Rear 10 feet
Interior Side 0 feet
Additional Setback for
Multi-story structures
Street Side
5 feet per story
15 feet
11. Provide a note on the final plat and a statement with in 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.
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 be required to construct a minimum five foot (5') wide gravel pathway
within Lot 38, Block 21.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on May 13, 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:
I. The proposed development can be initiated within one year of the date of approval based upon
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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 sUlTounding 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;
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 and setbacks as specifically
approved by the City and noted below will allow for a mix of housing types in accordance
with the Comprehensive Plan;
Setbacks for the Carnage lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
15 feet
10 feet
o feet
5 feet per story
15 feet
6. The area sUlTounding 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.
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DATED this 9th day of August 2005.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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