Findings - PZ - 2002 - FPUD-1-02/FP-3-02 - Riversend Subd No 1/54-Lot/31.98 Acre
ORIG\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
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(
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR RIVERSEND PUD SUBDIVISION PHASE NO.1
FOR HOWELL-KISER DEVELOPMENT CORP.
)
)
)
)
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-1-02 & FP-3-02
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on April 15, 2002. The Commission 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., represented by Matt Munger with Hubble Engineering, is
requesting final development plan and final plat approval for RiversEnd Subdivision No.1, a 54-lot
(41-buildable, 13-common) residential subdivision. This 31.98-acre phase of RiversEnd Subdivision
PUD is located between the North and South Channels of the Boise River approximately V2 -mile east
of Eagle Road on East Island Woods Drive.
B. HISTORY:
The City Council approved the PUD for RiversEnd Subdivision on October 23,2001. The Findings of
Fact and Conclusions of Law for the annexation, rezone, preliminary plat and preliminary development
plan are attached.
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:
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
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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 have reviewed the final development plan and final plat for
this phase 1 of RiversEnd PUD. It is staff s opinion that this flfSt 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.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on April 15, 2002. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 2 to 0 (Bloom abstained, Cadwell, Nordstrom absent) to recommend
approval of FPUD-I-02 & FP-3-02 for a final development plan and final plat approval for
RiversEnd Subdivision No.1 with the staff recommended site specific conditions of approval
provided below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions of A-I-OI/RZ-I-01lCU-3-01/PPUD-I-0I/PP-2-01.
3. Comply with the conditions ofDR-78-01.
4. Comply with all requirements offload Plain Development Permit No. FPDP-3-01.
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. Any 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.
7. The setbacks noted in the RiversEnd Subdivision PUD findings (Site Specific Condition No.
19) shall apply.
8. Revise Section 4.6.14 ofthe CC&R's to read as follows with the underlined text to be added:
"This subdivision proposes to provide public access to both the North Channel and South
Channel of the Boise River upon subsequent platting of future phases. Unless and until
subsequent phases of this subdivision are built, and built as currently planned, (which
Declarant has no duty or obligation to do) there is no access, nor any easements, from this
subdivision to either the North or South Channel of the Boise River. Remainder ofparagraph
to remain as stated.
9. Provide a recorded copy of the temporary easement for river maintenance and pathway
construction (extending to the greenbelt abutting the North Channel of the Boise River) prior
to this application being heard by the City Council.
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10. Provide a copy of the recorded CC&R's for the subdivision and a copy of the recorded plat of
RiversEnd Subdivision No.!, prior to the issuance of any building permits.
11. The applicant shall provide documentation that "Digline" has been contacted prior to the
commencement of any subsurface construction.
12. Upon submittal of a final development plan and final plat for phase three, the applicant shall
provide the City Engineer a cost schedule for the maintenance of the private roads to be
constructed within phase three. (A plan for the future repair and maintenance of the private
street and drainage facilities has been included within the CC&R's).
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on January 23,2002.
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 rust 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 ofIsland 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 [mal 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 which will serve the development.
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DATED this I5ih day of April 2002.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada CountY. Ida
ATTEST:
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