Findings - CC - 2003 - FPUD-2-03/FP-3-03 - Two Rivers 6/50 Lor/12.50 Acre/Quarter Circle Ranc
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR TWO RIVERS SUBDIVISION NO.6
FOR T. R. COMPANY LLc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2-03 & FP-3-03
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 28, 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat
approval for Two Rivers Subdivision No.6, a 50-lot (38-buildable, 12-common) residential
subdivision. This 12.50-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 PUD on April 27, 1999.
On December 17, 2002, the City Council approved a modification to the Quarter Circle Ranch
Subdivision PUD. The Findings of Fact and Conclusions of Law for the modified 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;
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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.
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. This phase includes an area permitted to have forty-two (42) "carriage home"
sites (as approved by the City Council on December 17, 2002, for the modification to the Quarter
Circle Ranch Subdivision PUD), of which the applicant has chosen to decrease the total number of
buildable lots to thirty-eight (38), as shown on the final plat date stamped by the City on March 12,
2003. In addition, a cul-de-sac (West Stone Path Lane) once proposed to be off-set approximately
1O0-feet north of the roadway entrance from West Two Rivers Drive into this phase, is now in
alignment with the entranceway. Considering the lot layout and street design, it is staff s opinion
that this sixth 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), and that the phase six final plat will be in
substantial compliance with the preliminary plat pursuant with the conditions noted herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on May 5, 2003. 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-2-03 & FP-3-03
for a final development plan and final plat approval for Two Rivers Subdivision No.6 with the
staff recommended site specific conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated May 19,2003.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 28, 2003. The Council made their decision
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-2-03 & FP-3-03 for a final development plan and final
plat for Two Rivers Subdivision No.6 with the following Planning and Zoning Commission
recommended site specific conditions of approval, with strikethrough text to be deleted by the
Council:
SITE SPECIFIC CONDITIONS OF APPROV AL:
1. Comply with all conditions of the City Engineer.
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2. Comply with all applicable conditions of RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98 & RZ-lO-
98/CU-9-98/PPUD-2-98/PP-8-98 MOD.
3. Comply with the conditions ofDR-50-99 & DR-14-03.
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. The applicant shall submit a private street application fee of $1,000.40 based upon $400.00
(base fee) plus 0.38 cents per lineal foot (1,580-lineal feet of private streets proposed within
the subdivision) prior to the City Clerk signing the final plat.
6. All new construction and substmtial improvement of any residential structure shall have the
finish floor elevation of the lowest floor elevated to a minimum of two feet (2') above the base
flood elevation.
7. All buildings shall be set back a minimum of 50-feet from the floodway line except that when
the area of special flood hazard boundary is 50-feet or less from the flood way line, the
boundary line shall be the setback line.
8. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets (including
private) within this development. Trees shall be placed at the front of each lot generally
located on each side lot line. 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.
9. Provide a note on the plat that states that the restrictive covenant for maintenance of the
private streets cannot be modified and the homeowners' association cannot be dissolved
without the express consent of the City.
10. Other than the sidewalks along the streets, meandering pathway/trails within the subdivision
shall be shall be constructed so that their locations are well-defined. Pathways located within
the flood way and/or 1O0-year floodplain shall comply in all respects with Title 10 "Flood
Control" of the Eagle City Code.
11. The aJJplicaat shall eÐBstruet a miBifl'Him 10 foot "vide asphalt pathway withiB a 20 foot wide
easemeBt exteBdiBg from the so\ithØfB edge of the ChevroR PipeliBe easemeBt to the Borth sièe
of SO\ith ChaaBel Way (as ShOWB OR the pathway plaB date stalBfJed by the City OB Oetober
22, 2002). The pathway shall exteBd to the Borth side of the SO\itß ChaBBel of the Boise River
as a ',yell defiRed, gFayel path. Plaee a Bote OB the plat whieh states that the 20 f{)ot '.viae
easeæeBt for the 10 foot wiae pathway is to be owRea aad maiBtaiBed by the Homeo'.vBer's
AssoeiatioR.
12. Construct a minimum 5-foot (5') wide concrete meandering sidewalk along Eagle Road
abutting the site.
13. The lots within Phase six are approved as "Carriage Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD findings for "Carriage Lots", which are as follows:
Front
Rear
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
10 feet
0 feet
5 feet
15 feet
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14. Provide a note on the final plat and a statement and within the CC&R's 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.
15. Revise Note no. 7 on the final plat to include Lots 31 and 53, Block 5, as common lots to be
owned and maintained by the Two Rivers Subdivision No.6 Homeowners Association
16. The higher density clustered residential dwellings (Carriage Homes) located on the north side
of West Two Rivers Drive shall adhere to the following:
a. Setbacks for garage doors are required to be a minimum of 18-feet from the garage side of
any sidewalk to allow sufficient room for a car to park in front of the garage without
blocking the sidewalk.
b. Attached dwelling units (i.e.: duplex/townhouse units) shall be designed so that garage
doors do not dominate the fronts of the dwellings.
c. Common walls between attached units shall be insulated to decrease the transfer of noise
between the units.
d. The units are to be "European Style".
17. Any stub street which is expected to be extended in the future shall be provided with a sign
generally stating that, "This street is to be extended in the future".
18. 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.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on March 12,2003.
B. In accordance Eagle City Code Section 8-6-6-3 C 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;
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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 Carriage Home lots:
Front
Rear
Interior Side
Additional Setback for
Multi-Story structures
Street Side
15 feet
10 feet
0 feet
5 feet
15 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.
DATED this 10th day of June 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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SharOI}X. Moore, Eagle City lerk
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