Findings - CC - 2000 - FPUD-5-99/FP-15-99 - 47.92 Acre Phase(Formerly Quarter Circle Ranch)
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR A )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR TWO RIVERS PUD SUBDIVISION PHASE NO.1)
(FORMERLY CALLED QUARTER CIRCLE RANCH) )
FOR DENNIS M. BAKER & ASSOCIATES )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-5-99 & FP-15-99
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on February 22, 2000. 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:
Dennis M. Baker & Associates, represented by Dan Torfin, is requesting final development
plan and final plat approval for Two Rivers Subdivision (formerly Quarter Circle Ranch), a
97-lot (77-buildable) residential subdivision. This 47.92-acre phase of Quarter Circle Ranch
PUD is located on the west side of Eagle Road approximately 1600- feet south of State
Highway 44.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on December 14, 1999.
C. HISTORY:
The City Council approved the PUD for Quarter Circle Ranch Subdivision on April 27, 1999.
The Findings of Fact and Conclusions of Law for the rezone, conditional use permit,
preliminary plat and preliminary development plan are attached.
D. PRELIMINARY PUDIPLAT FINDINGS:
Council Findings and Conclusions dated April 27, 1999, are incorporated herein by
reference.
E. 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;
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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 nomesidential 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.
F.
STAFF ANALYSIS PROVIDED IN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final
plat. It is staffs opinion that this first phase of the final development plan can meet the
Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C (as noted herein)
with the conditions recommended herein and that the phase one final plat will be in
substantial compliance with the preliminary plat with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on February 7, 2000.
The Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
COMMISSION DECISION:
The Commission voted 5 to 0 to recommend approval of FPUD-5-99 & FP-15-99 final
development plan and final plat approval for Two Rivers Subdivision Phase 1 with the
site specific conditions of approval within their Findings Of Fact And Conclusions Of
Law document dated February 7, 2000.
REVIEW BY THE COUNCIL:
A review by the Council was completed on February 22, 2000. The Council took action
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Merrill absent) to approve FPUD-5-99 & FP-15-99 final
development plan and final plat for Two Rivers Subdivision Phase 1 with the site specific
conditions of approval below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
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1. Comply with the conditions noted in the January 5, 2000, letter from the City
Engineer.
2. Comply with all applicable conditions ofRZ-10-98/CU-9-98/PPUD-2-98/PP-8-98.
3. Comply with the conditions ofDR-50-99.
4. Construct a 5-foot wide concrete meandering sidewalk along Eagle Road abutting the
site.
5. 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.
6. Provide a copy of the Subdivision's CC&R's showing that the entire PUD will
remain under the control of one Homeowners Association. The CC&R's shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final
plat.
7. 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.
8. The lots within Phase I are approved as "Custom Lots" and shall have the setbacks
noted in the Quarter Circle Ranch PUD findings for "Custom Lots".
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on December 14, 1999.
B. In accordance with 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;
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
highway districts having jurisdiction;
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
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8. The existing and proposed utility services are adequate for the population densities
and nonresidential uses proposed as noted by the agencies which will serve the
development.
DATED this 14th day of March, 2000.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ayor
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