Findings - PZ - 2002 - FPUD-4-02 & FP-12-02 - Two Rivers Subd No 5/47-Lot/20.82
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR TWO RIVERS SUBDIVISION NO.5
FOR T. R. COMPANY LLc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-02 & FP-12-02
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on September 3, 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat
approval for Two Rivers Subdivision No.5, a 47-lot (38-buildable, 9-common) residential subdivision.
This 20.82-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:
City Council Findings of Fact and Conclusions of Law 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
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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 has reviewed the final development plan and final plat. This
phase differs slightly from the original preliminary development plan in lot quantity as well as
street configuration. With the proposed addition of a roadway connection to West Mace Road, the
amount of residential lots to be constructed has been decreased by one (1) from the original
proposal. Considering the lot layout and street design, it is staff s opinion that this fifth phase of
the 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 phase five
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 September 3, 2002. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval of FPUD-4-02 & FP-12-
02 for a final development plan and final plat approval for Two Rivers Subdivision No.5 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 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. 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. The lots within Phase 5 are approved as "Luxury Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD findings for "Luxury Lots", which are as follows:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
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7. 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 final plat.
8. Revise the final plat to change the street names to those as approved on the Ada County Street
Name Evaluation letter dated 7-11-02.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on June 13, 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 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 and noted below will allow for a mix of housing types in accordance
with the Comprehensive Plan;
Setbacks for the Luxury lots:
Front
Rear
Interior Side
Additional Setback for
Multi-story structures
Street Side
30 feet
30 feet
7.5 feet
5 feet per story
20 feet
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 16th day of September 2002.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Cou , Id ho
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