Findings - CC - 2004 - FPUD-4-04 - Final Development Plan/Winding Creek East Pud
OR:
I i\jAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A FINAL DEVELOPMENT PLAN )
FOR WINDING CREEK EAST PUD )
FOR SOUTHERS PROPERTIES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-04
The above-entitled final development plan application came before the Eagle City Council for their action
on August 24, 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:
Southers Properties, represented by Phil Hull with the Land Group, is requesting final development
plan approval for Winding Creek East, a 44-unit multi-family residential PUD. The 3.9-acre site is
located on the north side of State Street approximately 100-feet east of Palmetto A venue.
B. HISTORY:
The City Council approved the PUD for Winding Creek East on January 13,2004. The Findings of
Fact and Conclusions of Law, dated January 27, 2004, for the conditional use permit and preliminary
development plan are incorporated herein by reference.
C. PRELIMINARY PUD FINDINGS:
Council Findings and Conclusions dated January 27, 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 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
nonresidential uses proposed.
Page 1 of 5
K:IPlanning DepllEagle ApplicationslSUBSl2004IWinding Creek East fpud ccfdoc
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. 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.
This development was initially reviewed as a preliminary development plan with a subdivision of
the units (condominium plat) to follow at a later date. The condominium plat typically follows the
substantial completion of construction of the buildings since the plat lines are essentially the
interior walls of the buildings (the airspace) and precise measurements are necessary for an
accurate subdivision.
The final planned unit development is slightly different from the preliminary development plan
with regard to a new entrance into the site, and the number of units to be constructed. The
installation of the new Hill Road entrance (located approximately 240-feet north of the intersection
of Hill Road and Winding Creek Drive) is not a substantial change to the development as it was
addressed by the Ada County Highway District, as well as suggested by the City Engineer, during
the review of the preliminary development plan. This new entrance created the need to replace a
planned 6-unit building with a 4-unit building, resulting in a reduction of two units from that
approved with the preliminary development plan.
The applicant has designed the common access driveways 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 number 13 of the Council's
findings for the Winding Creek East PUD states that the common access driveways are to be
constructed with six-inch (6") vertical curb and a five-foot (5') wide concrete sidewalk abutting
both sides of the western driveway, and along the western side of the eastern drive. The final plat
for Winding Creek Subdivision was recently approved by the City Council to allow the
construction of rolled curb and four-foot (4') wide sidewalks in lieu of the vertical curb and five-
foot (5') wide sidewalks, as required as a condition of approval for the preliminary plat. The
applicant has stated that the reason for the narrower sidewalk is to accommodate utility easements
and improvements, and to match the improvements within the Winding Creek development west
of this site. Staff will defer to the Planning and Zoning Commission and the City Council to
determine whether a four-foot wide sidewalk is more appropriate than a five-foot (5') wide
sidewalk.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on August 2, 2004. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
Page 2 of 5
K:IPlanning DeptlEagle ApplicationslSUBSI2004IWinding Creek East fpud ccf.doc
COMMISSION DECISION:
The Commission voted 3 to 0 (Bandy, Deckers absent) to recommend approval of FPUD-4-04 for
final development plan approval for Winding Creek East POD with the staff recommended site
specific conditions of approval shown within their findings of fact and conclusions of law
document dated August 16,2004.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 24, 2004. 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-4-04 for final development plan
approval for Winding Creek East PUD with the following Planning and Zoning Commission
recommended site specific conditions of approval and standard conditions of approval:
I. Comply with all conditions of the City Engineer's letter dated July 13, 2004, prior to the City
Engineer signing the final plat.
2. Comply with all conditions of RZ-6-03/CU-1O-03/PPUD-3-03/PP-6-03 (Winding Creek PUD
Subdivision) that are relevant to this portion of the development.
3. Comply with all conditions ofDR-26-04.
4. 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.
5. In coordination with the Winding Creek PUD Subdivision, construct curb, gutter and a
separated five-foot (5') wide concrete sidewalk along Winding Creek Road east of the Hill
Road extension abutting this site, prior to the issuance of any building permits for the site.
6. The applicant is permitted to construct three-inch (3") rolled curb and a four-foot (4') wide
concrete sidewalk separated from the back of curb by a five-foot (5') wide landscape strip
abutting both sides of the western common access drive, and along the western side of the
eastern drive (curb and planning strip only on the eastern side).
7. The developer shall provide 3-inch minimum caliper shade-class trees abutting both sides of
the common access drives. Trees shall be placed at the front of each multi-family dwelling,
located in the 5-foot wide landscape strip between the concrete sidewalk and the curb, as
shown on the landscape plans date stamped by the City on March 4, 2004. 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.
8. "No Parking" signs shall be posted within the 23-foot wide common access drives as shown
on the construction plans dated stamped by the City of Eagle on July 1,2004. The signs shall
be posted prior to the issuance of any building permits. Provide a note on the plat as well as a
statement in the CC&Rs that states there shall be no parking allowed within the 23-foot wide
common access drives.
9. Provide a note on the condominium plat and within the CC&Rs stating that homeowners have
the perpetual right of vehicular and pedestrian ingress and egress over common lot Lot 1,
Block 3, to provide access from the public right-of-way to the dwellings within the common
Page 3 of 5
K:\Planning DeptlEagle ApplicationslSUBSl2004IWinding Creek East fpud ccfdoc
lot, and that the perpetual easement shall run with the land. The applicant shall provide a copy
of the CC&Rs for review and approval prior to the issuance of any building permits.
1O. Twelve-foot (12') wide utility easements abutting all perimeter boundary lines shall be
delineated on the condominium plat.
11. The applicant shall provide a clause within the CC&Rs explaining all restrictions associated
with the Eagle Drain easement, including items such as maintenance procedures and the right
for Drainage District No.2 to access the easement according to the terms of the license
agreement recorded as instrument number 104080562. The applicant shall provide a copy of
the CC&Rs for review and approval prior to the issuance of any building permits.
12. The applicant shall place a note on the plat and within the CC&Rs that all common lots are to
be owned and maintained by the Winding Creek East Homeowner's Association. The
applicant shall provide a copy of the CC&Rs for review and approval prior to the issuance of
any building permits.
13. Minimum setbacks for the development are allowed to be as follows, as measured from the
perimeter boundary of the development:
Back
24-feet (from common access drive to garage)
47-feet (from Hill Road)
lO-feet (from eastern property line)
20-feet (from Winding Creek Road)
Front
Interior Side
Street Side
The additional 5-foot setback required for two story structures shall be waived for the
front, rear, back and street sides of all units within the development. All multi-family
structures shall have a minimum separation of 25-feet from other multi-family structures.
14. Place a note on the condominium plat stating that no access (other than those approved with
this application) to State Street, Hill Road and Academy Street shall be permitted.
15. 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 final development plan application for this item was received by the City of Eagle on June 2,
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:
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;
Page 4 of 5
K:IPlanning DeptlEagle ApplicationslSUBSl2004IWinding Creek East fpud ccf.doc
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 POD based upon written responses received from the City Engineer with
regard to the common access driveways as well as the highway district having jurisdiction over
the public rights-of-way;
4. No commercial development is proposed for this portion of the PUD;
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 consist of a development that creates a
neighborhood of unique, attractive housing located near the downtown area, which contributes
to an active, livable, and vibrant downtown (including pedestrian friendly access to nearby
shopping and events);
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development since the development has been
designed to incorporate traditional architectural features reminiscent of the craftsman and
classic style designs. The character of the general vicinity will change for the better since this
development provides an opportunity to establish a multi-family neighborhood that will
contribute to a diverse housing supply within the City;
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; and
8. The existing and proposed utility services are adequate to serve the multi-family residential
uses on this property, as noted by the agencies which will serve the development.
DATED this 14th day of September 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
.""Inll.."",
.._-- ~ OF E", '"
..'...~ .........O( ....
"~".. ..~.
" ....,. -o'POR-4 e. ...
. o~ }'>. ~
: u ~.. ':
:: * : -.- : * :
: , : :
\ ..~ S E /\ 1, ,;-.. :
':.. -.C'o - <"" ....... 0 ..
~ foP'),. -./(r ",' <:I ...... - :'
~.,' .. ,::"".' ~-.... .....
ill'#. -1 . :".' , '....
~~ 7'r-: _' '. ....It....
'" L'; C, "'to.
"'1'"", I" ~,.. ~
Page 5 of 5
K:\Planning DeptlEagle ApplicationslSUBSl2004IWinding Creek East fpud ccf.doc