Findings - CC - 2004 - FPUD-3-04/FP-5-04 - Final Develop Plan/Fp For Winding Creek Pud Subd
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR WINDING CREEK PUD SUBDIVISION )
FOR SALMON POINT LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-04 & FP-5-04
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on June 8, 2004. 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:
Salmon Point LLC, represented by Ron Bath, is requesting final development plan and final plat
approval for Winding Creek Subdivision, an 85-lot (58-residential, 17 -commercial, IO-common)
commercial and residential PUD subdivision. The 15.3-acre site is located on the north side of State
Street approximately 100-feet east of Palmetto Avenue at 988 State Street.
B. HISTORY:
The City Council approved the PUD for Winding Creek Subdivision on January 13, 2004. The
Findings of Fact and Conclusions of Law for the rezone, conditional use permit, preliminary plat, and
preliminary development plan are incorporated herein by reference.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated January 13, 2004, are incorporated herein by reference.
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 preseht 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 ran 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.
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:
I. 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 re'"iewed 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.
The applicant has designed the private streets to be constructed with three-inch (3") rolled curb,
and a four-foot wide (4') concrete sidewalk, separated from the back of curb by a five-foot (5')
wide landscape strip. Site specific condition of approval no. 16 of the Council's findings for the
Winding Creek PUD states that all private streets (excluding the alleyways) are to be constructed
with six-inch (6") vertical curb and gutter abutting both sides of the roadway. In addition, a five-
foot (5') wide concrete sidewalk is to be constructed along the side of the private roadways
opposite the rear entry garage doors. The applicant has stated that the reason for the rolled curb is
to provide flexibility in locating driveways, and the narrower sidewalk is to accommodate utility
easements and improvements. In past action by the Council (including this project), vertical curb
has been required on private streets, which ar;: typically narrower than public streets, to discourage
parking on sidewalks. Staff will defer to the Planning and Zoning Commission and the City
Council to determine whether rolled curb and a four-foot wide sidewalk is more appropriate than
vertical curb and a five-foot (5') wide sidewalk.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on May 24, 2004. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Crook absent) to recommend approval of FPUD-3-04 & FP-5-04
for a final development plan and final plat approval for Winding Creek PUD Subdivision with the
staff recommended site specific conditions of approval shown within their findings of fact and
conclusions of law document dated June I, 2004.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 8, 2004. 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-3-04 & FP-5-04 for a final development plan and final
plat for Winding Creek PUD Subdivision with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval with
underlined text to be added by the Council and strikethrough text to be deleted by the Council:
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1. Comply with all conditions of the City Engineer's letter date stamped by the City on May 14,
2004, prior to the City Engineer signing the final plat.
2. Comply with all conditions of RZ-6-03/CU-IO-03/PPUD-3-03/PP-6-03 and DR-8-04.
3. 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.
4. Unless otherwise approved, revise the construction drawings to delineate all private streets
(excluding the alleyways) to be constructed with 4-inch (4") rolled curb, with gutter abutting
both sides of the roadway. Six-inch (6") vertical curb shall be installed within all parking lot
areas, transitioning into rolled curb abutting the roadways. Plans detailing the revised roadway
improvements shall be submitted for review and approval by the City Engineer prior to the
commencement of any public improvem.::nts being constructed on the site. The Commission
supports the requirement to construct five-foot (5') wide sidewalks separated from the back of
curb by the five-foot (5') wide landscape strip along the roadways.
5. Construct curb, gutter and a meandering five-foot (5') wide concrete sidewalk along State
Street west of the Hill Road extension abutting this site, prior to the issuance of any building
permits for the site.
6. The developer shall provide 3-inch minimum caliper shade-class trees along all streets in the
locations as shown on the landscape plans date stamped by the City on May 12,2004. The
trees shall be located in the 5-foot wide landscape strip between the concrete sidewalk and the
curb. 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 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.
7. "No Parking" signs shall be posted within the 20-foot wide alleyways and on one side of the
streets as shown on the construction plans date stamped by the City of Eagle on May 12,2004.
The applicant shall install "No Parking" and "Fire Lane" signs in accordance with the
requirements of the Eagle Fire Department letter date stamped by the City on September 30,
2003. The signs shall be posted prior to the issuance of any building permits.
8. The setbacks that are reduced from those required in Eagle City Code Section 8-24 are as
follows (approved by Council on January 13,2004):
. Special Setbacks for the residential lots within the development:
Front
Rear (abutting alley)
Rear (non-alley)
Interior Side
Street Side
Two-story dwelling
10 feet
10 feet
5 feet
5 feet
10 feet
5 feet
. Special Setbacks for the commercial lots within the development:
Front
Rear
Interior Side
Street Side
10 feet
10 feet
7.5 feet
:; feet
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9. All detached garages located along the northern boundary of the development shall be limited
to one (I) floor level, with a maximum height of eighteen feet (18') as measured from the
average point of contact with the ground to the peak of the roof.
10. Provide an approval letter and a copy of the approved license agreement from Drainage
District #2 regarding any drain ditch modifications, prior to issuance of any building permits
for the site.
II. The applicant shall have an on-site meeting with the City Forester to survey all existing trees
located on the property. Subsequent to the on-site meeting, construction fencing shall be
installed (pursuant to the City Forester's direction) to protect all trees that are to be preserved,
prior to the commencement of any construction on the site. No activity whatsoever shall take
place within the drip line of the trees.
12. Revise the Subdivision's CC&Rs to provide a plan and schedule for the future repair and
maintenance of the private streets and alleys. The CC&Rs shall be reviewed and approved by
the City Engineer prior to the City Clerk signing the final plat.
13. Revise the Subdivision's CC&Rs to include a statement notifying purchasers of the units that
cars parked in the alleyways will be subject to immediate towing.
14. The subdivision and buildings shall be designed with architectural elements in compliance
with the Eagle Architecture and Site Design Book (EASD). The photos submitted with the
application and date stamped by the City on September 4, 2003, are approved examples of the
housing architecture to be used in this development.
IS. 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.
16. The !IflflliElIRt sllall eeRstrnEt Ilie Reltllem ffiest eeRter laRaseafle islana leeatea v..ithiR Plaza
Drive tEl e)lteHa fHltlter east iRte tile RElrtlteasteFR flElRieR Elf tlte reaaway/site. Tlte
CemmissieR reeEl_eRaS tltis eeRaitiElR iR aeseRee ef a reaaway iRterseetieR (Le. flessible
easterly e)(teRsieR aRa eElRReEtieR Elf East SflartaR Street tEl Plaza Drive) haviRg yet te be
iaeRtifiea iR tltis area ef the aeveleflffieRt.
16. A height excePtion shall be permitted to allow for buildings to be constructed a height of up to
fortv-feet (40') (as measured from the average ground level to the peak of the tallest portion of
the structure), subsequent to review and approval bv the Design Review Board. The exceptIon
shall onlv applv to a two storv building with a steep pitched roof and design stvle in
accordance with the Eagle Architecture and Site Design Book. Any area exceeding thirty-five
feet OS') shall be for aesthetic purposes only and shall not be permitted for occupied space.
Flat roof buildings will not be considered for the height excePtion.
CONCLUSIONS OF LAW:
A. The final plat application for this item was received by the City of Eagle on April IS, 2004, and the
final development plan application was received on May 12, 2004.
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 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 City Engineer with
regard to the private roadways as well as the highway district having jurisdiction over the
public rights-of-way;
4. The commercial development can be justified at the locations proposed since it is designed to
incorporate low intensity uses such as professional offices, which do not involve activities that
create noise, odors or fumes, and will only have access to established arterial and collector
roadways;
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 PUD will provide a development that creates a
neighborhood of unique, attractive housing as well as an opportunity to increase the city's
current commercial base. The location of single-family dwellings near the downtown area
contributes to an active, livable, and vibrant downtown (including pedestrian friendly access to
nearby shopping and events) which in turn tends to create a safe and welcoming community.
The exception to allow buildings to be constructed 40-feet in height (5-feet higher than the
maximum 35-feet) contributes to creating a development with architectural features (such as
the "Queen Anne" style) designed to provide for variety and distinction, which is encouraged
through Eagle City Code for planned unit developments.
6. The area surrounding said development can be planned and zoned in coordination and in
substantial compatibility with the proposed development since the development has been
designed to incorporate traditional architectural features, including front porches reminiscent
of the craftsman and classic style designs. The character of the general vicinity will change for
the better in a manner that provides a greater opportunity to continue both a single-family
dwelling and commercial environment which has 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 a
diverse mix of housing stock and urban-type growth of residential uses located close to the
downtown, which this development will provide. In addition, the proposed commercial uses
within this development, as well as those existing in the vicinity, will contribute to a
pedestrian friendly environment since residents can easily walk to local establishments; and
8. The existing and proposed utility services are adequate to serve the single-family residential
and commercial uses on this property, as noted by the agencies which will serve the
development.
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DATED this 22nd day of June 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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