Findings - CC - 2005 - FPUD-05-05/FP-09-05 - Riversend Sud No3/11 Lot.25.108 Acre
BEFORE THE EAGLE CITY COUNCIL
'1QIGINAL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR RIVERSEND SUBDIVISION PHASE NO. 3
FOR HOWELL-KISER DEVELOPMENT CORP.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-OS-OS & FP-09-0S
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on November 29, 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:
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 Y, -mile east of Eagle Road on East Island Woods Drive.
B. HISTORY:
The City Council approved the PUD for RiversEnd Subdivision on October 23, 200 I. 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:
I. 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
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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.
STAFF 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 I,
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 of a 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.
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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 within their findings of fact and
conclusions oflaw document dated November 21,2005.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on November 29,2005. 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-05-05 & FP-09-05 for a final development plan and
final plat for RiversEnd Subdivision No.3 with the following Planning and Zoning Commission
recommended 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-Ol/RZ-1-01lCU-3-01/PPUD-I-01/PP-2-01.
3. Comply with all applicable conditions of DR-78-0 I.
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
15-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 !I," 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 off leash.
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:
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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 Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
I. 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
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 of Island 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 10th day of January 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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