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Findings - PZ - 2005 - FPUD-05-05 & FP-09-05 - Riversend Subd No 3/11-Lot/25.108 Acre Phase OR\G\NAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR ) A FINAL DEVELOPMENT PLAN AND FINAL PLAT ) FOR RIVERS END SUBDIVISION PHASE NO.3) FOR HOWELL-KISER DEVELOPMENT CORP. ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-05-05 & FP-09-05 The above-entitled final development plan and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on November 7,2005. 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: Howell-Kiser Development Corp. is requesting final development plan and final plat approval for RiversEnd Subdivision No.3, an II-lot (6-buildable, 5-common) residential subdivision. This 25.1 08-acre phase of RiversEnd Subdivision PUD is located between the North and South Channels of the Boise River approximately Y2 -mile east of Eagle Road on East Island Woods Drive. B. HISTORY: The City Council approved the PUD for RiversEnd Subdivision on October 23,2001. 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 October 23,2001, 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 Page 1 of4 K:IPlanning DeptlEagle ApplicationslSUBS12005\RiversEnd #3 fpud pzf.doc 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. ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: The Planning staff and City Engineer have reviewed the final development plan and final plat. This phase differs from the original preliminary development plan in lot quantity in that the number of buildable lots has been reduced from thirteen (13) to six (6). The amount of open space within this phase has also been slightly increased The previously designed roadway system designed for the originally proposed thirteen (13) buildable lots within Riversend Subdivision No.3 has changed in that the two proposed private roads (Forest Creek Lane and Rivernest Lane) will not be required to be constructed for access. With the reduction oflots, four (4) of the six (6) lots will be served by private driveways instead of the proposed private roads. Lot 24, Block 1, is also utilized as the access to Lot 28, Block 1, which provides a natural pathway to the South Channel of the Boise River for residents within Riversend Subdivision. Staff believes that the reduction in lots is beneficial in that it reduces the number of vehicle trips, and provides more common area. The increase in common area will provide larger access to the irrigation box and safer access to the natural pathway for the sportsman's access on the southern boundary of the development. The change lot configuration has resulted in an alteration of the open space layout. The amount of open space added is approximately one-half (112) of an acre. In the typical City of Eagle planning process, the applicant, subsequent to the approval of the preliminary development plan, is required to submit a landscape plan of the development for review and approval prior to the submittal of a final development plan and final plat. With this application, the degree of change in the design of the open space, although minor, is enough to require some modifications to the originally approved design review landscape plan (the applicant has submitted a revised landscape plan to address the changes). Staff believes that, in lieu of the submittal ofa new design review application, the revised plan may be reviewed for approval by one member of the Design Review Board and a member of staff, prior to the City Clerk signing the final plat. Considering the aforementioned items, it is staffs opinion that the proposed changes within this third phase of the final development plan are not intensive and therefore are not a substantial change to the preliminary development plan. Staff believes this phase of the development 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 three final plat will be in substantial compliance with the preliminary plat. REVIEW BY THE COMMISSION: A review by the Planning and Zoning Commission was completed on November 7, 2005. The Commission made their recommendation at that time. The minutes are incorporated herein by reference. Page 2 of 4 K:\Planning DeptlEagle ApplicationslSUBSI20051RiversEnd #3 fpud pzfdoc COMMISSION DECISION: The Commission voted 4 to 0 (Lien absent) to recommend approval of FPUD-05-05 & FP-09-05 for a final development plan and final plat for RiversEnd Subdivision No. 3 with the staff recommended site specific conditions of approval provided below. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of the City Engineer's letter dated November 2, 2005. 2. Comply with all applicable conditions of A-I-OI/RZ-I-01lCU-3-01/PPUD-I-01lPP-2-01. 3. Comply with all applicable conditions of DR-78-0 1. 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 building setbacks within the Riversend Subdivision PUD Phase No.3 shall comply with the following: 25-Foot Front Setback 25-Foot Rear Setback IS-Foot Side Setback for single-story homes/20-Foot for two-story homes. Floodwav Setback: Buildings on Lots 26, 27, 29, 30, 32, and 33, Block 1, shall be setback a minimum of 50 feet building from the floodway line. 6. Provide a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the recorded final plat, and an 8 Y2" x 11" recorded copy of the recorded final plat of RiversEnd Subdivision No.3, prior to the issuance of any building permits. 7. The applicant shall provide documentation that "Digline" has been contacted prior to the commencement of any subsurface construction. 8. All living trees along the South Channel of the Boise River shall be left in their natural state. Trees that are removed shall be mitigated for at the replacement caliper rate as determined by the City Forester and planted in locations approved by the City Forester, and the relocation of any trees shall be to locations approved by the City Forester. 9. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and over shall enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday through Saturday and prohibited on Sunday. The applicant shall keep the existing sign at the entrance to the RiversEnd subdivision noticing the contractors of this requirement and noticing the contractors to clean up daily, have no loud music, and no dogs offleash. 10. The revised landscape plan shall be reviewed for approval by one member of the Design Review Board and a member of staff, prior to the City Clerk signing the final plat. CONCLUSIONS OF LAW: A. The application for this item was received by the City of Eagle on September 26, 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 third phase of development will 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, will exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance can be provided that such objective will be attained and the uses will Page 3 of4 K:IPlanning DeptlEagle ApplicationslSUBSl2005\RiversEnd #3 fpud pzt"doc 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 to be constructed 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 since the principal road serving the development is designed as a collector and, the developer has contributed funds for the installation of a traffic signal at the intersection ofIsland Woods Drive and Eagle Road; 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 will allow for a mix of housing types in accordance with the Comprehensive Plan; 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 required utility services are adequate for the population densities as noted by the agencies that will serve the development. DATED this 21st day of November 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE ~ty,Idaho ATTEST: ,.......... :\" ... .." Of EA G.... .... .j , . ." ..<:~ ............~ ". I,~. -... I vEc ~,ORAl'~... .... : 1(,;0 \*: ! ....,,:: i ir \ I\.Li:: ~ .......S13. ~'/o= ~ -.~...~ ~~. .-'\..: ~ .... ..s> ...0IlPO..,..... ";:'." ## )> ........ :Q" ..... ##...,-11'e Of \: "",,, '"".......,,' j ~(~O -V- ~~--n~ Sharon K. Bergmann, Eagle City lerk Page 4 of 4 K:IPlanning DeptlEagle ApplicationslSUBS120051RiversEnd #3 fpud pzt"doc