Findings - CC - 2001 - FPUD-2-01/FP-2-01 - Two Rivers No 3/19 Lot/22.14 Acre/Quarter Circle R
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR TWO RIVERS PUD SUBDIVISION
PHASE NO.3 FOR T. R. COMPANY, LLc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2-01 & FP-2-01
The above-entitled final development plan and final plat applications came before the City Council for
their action on April 10, 2001. 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat
approval for Two Rivers No.3 Subdivision, a 19-1ot (15-buildable) residential subdivision. This
22. 14-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. 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.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated April 27, 1999, 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
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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:
The Planning staff has reviewed the fmal development plan and final plat. It is staff s opinion that
this third 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 three 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 March 5, 2001. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Cadwell absent) to recommend approval of FPUD-2-01&
FP-2-01 for a final development plan and final plat approval for Two Rivers Subdivision No.3
with the following staff recommended site specific conditions of approval provided below.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 10, 2001. The Council took action at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 1 (Guerber against) to approve FPUD-2-01 & FP-2-01 final development
plan and final plat for Two Rivers Subdivision No.3 with the following Commission
recommended site specific conditions of approval provided below.
STAFF RECOMMENDATION REGARDING PHASE THREE:
Staff recommends approval of the fmal plat with the following conditions:
1. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions of RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98.
3. Comply with the conditions ofDR-50-99.
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. Provide a copy of the Subdivision's CC&R's providing a plan and schedule for the future
repair and maintenance of the private street and drainage facilities. The CC&R's shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final plat.
6. Prior to City approval of a final plat submit an application for private streets for review and
approval by the City. The fee is $951.00 based upon $400.00 (base fee) plus 0.38 cents per
lineal foot (1,450-lineal feet of private streets are proposed within the subdivision).
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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 3 are approved as "Estate Lots" and shall have the setbacks noted in the
Quarter Circle Ranch PUD findings for "Estate Lots".
9. Provide a note on the final plat which states that commercial and agricultural traffic will be
using the public streets within this development for access to and from Eagle Road to parcels
not within the development, prior to the City Engineer signing the [mal plat.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on January 30, 2001.
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;
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
8. The existing and proposed utility services are adequate for the population densities as noted by
the agencies which will serve the development.
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DATED this 24th day of April 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Co ty, Idaho
ATTEST:
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........... Sharon Moore, Eagle City Clerk
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