Findings - CC - 2002 - FPUD-1-03/FP-1-03 - Fresh Creek Pud/26 Lot/13.67 Acre/2421 N. Eagle Rd
OR\GiNAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR FRESH CREEK PUD SUBDIVISION (FORMERLY
COTTONWOOD CREEK) FOR NAGY SPRINGCREEK LLC
AND COTTONWOOD CREEK LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-I-O3 & FP-I-O3
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 25, 2003. 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:
Nagy Springcreek, LLC, and Cottonwood Creek LLC, are requesting final development plan and final
plat approval for Fresh Creek PUD Subdivision (formerly Cottonwood Creek PUD Subdivision), a 26-
lot (15-residential, 6-commercial, 5-common) planned unit development. This 13.67-acre (approx.)
site is located on the west side of Eagle Road approximately 3/4 mile north of Chinden Boulevard, at
2421 North Eagle Road.
B. HISTORY:
The City Council approved the PUD for Cottonwood Creek Subdivision on September 10,2002. The
Findings of Fact and Conclusions of Law for the preliminary plat and preliminary development plan
are attached.
As conditioned within the development agreement for this site (CPA-3-01 & RZ-14-01), the final
development plan is required to only be reviewed by the Council.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated September 10, 2002, are incorporated herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B), states in part:
The Council shall find that the facts submitted with the application and presented to them establish
that:
1.
2.
The proposed development can be initiated within one year of the date of approval;
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
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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
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 City Engineer and Planning staff have reviewed the final development plan and final plat for
the Cottonwood Creek PUD (now known as Fresh Creek POD). The final development pli.in
differs slightly from the preliminary development plan with regard to lot configuration and the
alignment of the roadway (Cottonwood Court) that accesses the development. The original plan
showed the roadway entrance onto Eagle Road (SH 55) approximately 140-feet south of the
location proposed with this final plat application; the change occurring due to the requirements of
the Idaho Transportation Department. The effect of this realignment resulted in the applicant
proposing to place a commercial lot on the south side of the roadway; previously all the
commercial lots were on the north side of the roadway with the south side comprised of a common
lot for open space. In addition, a landscaped "roundabout" traffic circle was added to the roadway
to provide a visual amenity as well as intersection vehicular control. It should be noted that the
minimum open space requirements for the development will remain in excess of the minimum
(10%) required, with a decrease in open space from approximately 2.43-acres (17.8%) to 2.21-
acres (16.2%). Considering the proposed lot configuration and street layout, it is staff s opinion
that this final development plan and final plat 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.
The applicant has requested that site specific condition of approval no. 13 of the Council's
findings (listed as condition no. 10 below) be revised to require the completion of the landscaping
within the twenty-foot wide easement located on the western side of the commercial area prior to
the issuance of an occupancy permit for any commercial building on the site rather than prior to
the issuance of a building permit. Staff will defer to the Council for a determination regarding this
matter.
REVIEW BY THE COMMISSION:
Pursuant to the development agreement approved for this site (CPA-3-01 & RZ-14-0l), a review
by the Planning and Zoning Commission was not required.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 25,2003. The Council made their
decision at that time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve FPUD-I-03 & FP-I-03 for a final
development plan and final plat for Fresh Creek PUD (formerly Cottonwood Creek PUD) with the
following staff recommended site specific conditions of approval with strikethrough text to be
deleted by the Council and underline text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with the conditions noted in the letter from the City Engineer dated March 19, 2003.
2. Comply with all requirements ofCU-S-02/PPUD-I-02/PP-2-02, DR-38-02, RZ-14-01 and the
development agreement approved for this site.
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.
The developer shall provide 3-inch minimum caliper shade-class trees along both sides of all
streets within this development. Trees shall be placed at the front of each lot generally located on
each side lot line or as shown on the landscape plans date stamped by the City on January 21,
2003. The trees shall be located in the 5-foot wide landscape strip between the sidewalk and the
curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either install
the required trees, sod, and irrigation or provide the City with a letter of credit for 150% of the cost
of the installation of all landscape and irrigation improvements within the 5-foot wide landscape
strip. Trees shall be installed prior to obtaining any occupancy permits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
Construct a minimum 5-foot wide sidewalk along Eagle Road abutting this site, generally as
shown on the final development plan date stamped by the City on February 3, 2003.
Setbacks that are reduced from those required in Eagle City Code Section 8-2-4 (for the L-O zone)
have not been proposed and none are approved with this application.
Revise Note No.9 on the final plat to include a pedestrian easement to be located within the sewer
easement located within Lot 15, Block 1, for the construction of the minimum 6-foot wide
pathway with crushed cinder from Cottonwood Court to the northern boundary of the subdivision
(as delineated on construction drawings date stamped by the City on February 3, 2003). A sign
generally stating that the easement is dedicated for a future City pathway connection shall be
posted near the point where the pathway abuts Cottonwood Court.
Revise the construction drawings pertaining to the landscape strip between the back of curb and
the sidewalk abutting the cul-de-sac to be constructed five-feet (5') in width.
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.
The landscaping of the 20-foot wide landscape easement located between the commercial and
residential portions of the development shall be completed prior to the issuance of any buildiflg
permits Certificates of Occupancy within the office complex.
The applicant shall submit a plan showing landscaping details of the proposed "roundabout"
traffic circle and the twenty foot wide buffer located between the building on Lot 24, Block 1. The
plans shall be provided for the review and approval by staff and one member of the Design Review
Board, prior to the City Clerk signing the final plat.
Revise Article I, Section 3, "Common Area" of the CC&R's to include Lot 1, Block 4, and Lot 1,
Block 5, as common lots to be owned and maintained by the Association.
Revise Article I, Section 12, "Office Unit" of the CC&R's to clarify that Lot 5. Block l. is not a
buildable lot, but rather is a common lot for the purposes of ingress/egress and general utilities.
Revise Article XI, Section G, "Sight Distance at Intersections" of the CC&R' s to change the site
line elevations to between two and one half feet (21/2') and ten-feet (10'). The applicant should
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
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take note that the requirements of ACHD and ITD may have requirements that are stricter
regarding site obstructions at intersections.
Revise Article XII, Section 5, "Fences" to change the height of any fence in a front yard to be a
maximum of two and one-half feet (2 W) pursuant to Eagle City Code Section 8-3-3 (B).
15.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on February 3, 2003
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 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, 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. The commercial portion of this development can be justified in the proposed location since the
commercial buildings are to be adjacent to a heavily traveled principal arterial roadway which
will serve to provide a greater distance for buffering and screening for the residences to the
west of the buildings;
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, since this subdivision has restricted access due to existing
subdivisions to the west and south, the desire to preserve the natural environment of the
preserve area to the north, and approval from the Eagle Fire Department, the 975-foot length
of the cul-de-sac serving the development is justified in exceeding the 500-foot maximum
allowed in Eagle City Code;
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 which will serve the development.
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DA TED this 8th day of April 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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-Sharon K. Moore, Eagle City Clerk
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