Findings - CC - 2006 - FPUD-01-06/FP-02-06 - (Aka)Laguna Pointe Subd/56 Lot/2260 S Eagle Road
BEFORE THE EAGLE CITY COUNCIL
ORIGINAL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR COAST TO COAST SUBDIVISION
(AKA LAGUNA POINTE SUBDIVISION) FOR
COAST TO COAST, LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-OI-06 & FP-02-06
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 9, 2006. The Council continued the item until May 16, 2006, and made their
decision at that time. 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:
Coast 2 Coast, LLC, represented by Bryan Martin, P.E., with Toothman-Orton Engineering Company
is requesting final development plan and final plat approval for Coast To Coast Subdivision (aka
Laguna Pointe Subdivision), a 56-lot (44-buildable, 12-common,) planned residential development.
The site is located east of Eagle Road approximately Y2-mile north of Chinden Boulevard at 2260 S.
Eagle Road.
B. HISTORY:
The City Council approved the PUD for Laguna Pointe Planned Unit Development (A-2-03/RZ-2-
03/CU-5-03/PPUD-I-03/PP-3-03) on June 22, 2004. The Development Agreement and Findings of
Fact and Conclusions of Law for the rezone, conditional use permit, preliminary plat, and preliminary
development plan are attached to the staff report.
C. PRELIMINARY PUD/PLA T FINDINGS:
City Council Findings of Fact and Conclusions of Law dated July 13,2004 are attached to the staff
report and are incorporated herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission and Council 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
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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.
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 has reviewed the final development plan and final plat. The
final development plan and final plat show that there have been no significant changes to the
preliminary development plan and preliminary 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.
STAFF RECOMMENDATION REGARDING COAST TO COAST SUBDIVISION (AKA
LAGUNA POINTE SUBDIVISION):
Staff recommends approval of the final development plan and final plat applications with the site
specific conditions of approval provided within the staff report.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on April 17, 2006. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Apritarte abstained, Lien absent) to recommend approval ofFPUD-
01-06 & FP-02-06 for a final development plan and final plat for Coast to Coast Subdivision (aka
Laguna Pointe Subdivision) with the staff recommended site specific conditions of approval
provided within their findings of fact and conclusions of law document dated May 1, 2006.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 16, 2006. 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-OI-06 & FP-02-06 for a final development plan and
final plat for Coast to Coast Subdivision (a.k.a. Laguna Pointe Subdivision) with the following
Planning and Zoning Commission recommended site specific conditions of approval with text
shown with underline to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
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1. Comply with all conditions of the City Engineer noted with their letter dated March 28, 2006.
2. Comply with all applicable conditions of A-2-03/RZ-2-03/CU-5-03/PPUD-I-03/PP-3-03.
3. Comply with the conditions ofDR-30-05.
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. 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.
6. Provide an approval letter from Corp of Engineers approving the 404-permit for this site.
7. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
8. Provide an approval letter from Eagle Fire Department approving the actuator devices installed
on the gated entrances to the private roads prior to the issuance of any building permits for the
site.
9. 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 Yz" x 11" recorded copy of the recorded final plat of Coast To
Coast Subdivision, prior to the issuance of any building permits.
10. 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.
11. Provide an As-Built survey at the completion of construction of the subdivision to verify a no-
net-loss condition has been maintained as conditioned by FPDP-05-04 in correspondence from
Holladay Engineering dated January 5, 2005.
12. Provide a letter from Boise River Flood Control District No. 10 approving the access points
provided within the development for flood control prior to the City Clerk signing the final plat.
13. Provide an As Built Survev showing the ore-existing bank heights for Coast to Coast
Subdivision and the bank height adiacent to Island Woods Subdivision in proximitv to the
location where the pond overflow discharges into the south channel of the Boise River prior to
the City Clerk signing the final plat.
14. Provide an As Built Survev and certification bv a Professional Engineer (P.E.) showing that
the no-net-loss condition has been maintained as conditioned in Floodplain Development
Permit (FPDP-05-04) prior to the City Clerk signing the final plat.
15. Work with the Citv of Boise regarding the potential placement of a dike/levee adiacent to the
southeast comer of the development. Documentation shall be provided showing the results of
the decision regarding the potential placement of a dike/levee prior to the Citv Clerk signing
the final plat.
16. Provide an As Built Certification showing the remaining fill of the building lots prior to the
issuance of the first building permit.
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17. Should the developer consider a design change to the pond overflow as a result of the
information gathered from the recent flooding an As Built Survev and certification by a
Professional Engineer (F.E.) shall be provided showing the changes to the pond overflow
system prior to the issuance of building permits.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on February 15, 2006.
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 first 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 Principal Arterial and;
4. The proposed commercial area within the development will be developed in accordance with
the recorded development agreement for RZ-03-03 MOD;
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.
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DATED this 20th day of June 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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