Findings - CC - 2003 - FPUD-3-03/FP-4-03 - Two Rivers 7/16 Lot/12.95 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 SUBDMSION NO.7
FOR T. R. COMPANY LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-03 & FP-4-03
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on June 24, 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 fmal development plan and final plat
approval for Two Rivers Subdivision No.7, a 16-lot (4-buildable, 12-common) residential subdivision.
This 12.95-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.
C. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated April 27, 1999, and December 17, 2002,
are incorporated herein by reference.
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.
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:
I. 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 ITom 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 WITIDN THE STAFF REPORT:
The City Engineer and Planning staff has reviewed the final development plan and final plat. This
phase differs from the original preliminary development plan in lot quantity as well as street
configuration. The cul-de-sac has been shortened to form a dual headed turnaround (in the shape of a
hammer) to provide access to four (4) residential lots rather than eight (8) as shown within the original
proposal. Considering the lot layout and street design, it is staffs opinion that this seventh 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 seven final plat
will be in substantial compliance with the preliminary plat with the conditions herein.
On December 17, 2002, the City Council approved a modification to the Quarter Circle Ranch PUD
(Two Rivers) to permit a sidewalk to be constructed on only one side of the private roadways. The
applicant has not proposed a sidewalk on either side of the private roadway (River Moore Lane) within
this phase. It may be considered that due to the short length of the cul-de-sacs (approximately 150-feet
for each turnaround) the anticipated low traffic volumes due to the road being gated, and only four
dwellings fronting the roadway, a sidewalk along either side of the road may not be warranted. Staff
will defer comment regarding this item to the Planning and Zoning Commission and City Council.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on May 19, 2003. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell abstained, Deckers absent) to recommend approval of
FPUD-3-03 & FP-4-03 for a final development plan and final plat approval for Two Rivers
Subdivision No.7 with the staff recommended site specific conditions of approval shown within
their Findings of Fact and Conclusions of Law document, dated June 2, 2003.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 24, 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 1 (Sedlacek against) to approve FPUD-3-03 & FP-4-03 for a final
development plan and final plat approval for Two Rivers Subdivision No.7 with the following
Planning and Zoning Commission recommended site specific conditions of approval, with
underlined text to be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer in the letter date stamped by the City on May
14,2003.
2. Comply with all applicable conditions ofRZ-10-98/CU-9-98/PPUD-2-98/PP-8-98.
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 Clerk signing the final plat.
5. 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.
6. The applicant shall submit a private street application fee of$514.00 based upon $400.00
(base fee) plus 0.38 cents per lineal foot (300-lineal feet of private streets proposed within this
phase) prior to the City Clerk signing the final plat.
7. The developer shall provide 3-inch minimum caliper shade-class trees as shown on 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, or trees on the side of the street with
no sidewalk shall be placed within five feet (5') of the edge of roadway. 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.
8. The applicant shall dedicate right-of-way and construct South Channel Way to provide access
to those properties currently accessing South Channel Road, prior to access being restricted or
denied to South Channel Road.
9. Revise Note No.9 on the final plat to include language stating 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. The lots within Phase 7 are approved as "Luxury Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD fmdings 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
11. Provide a note on the final plat and a statement 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
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Engineer signing the final plat.
12. 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".
13. 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.
14. The applicant shall construct a four-foot (4') wide concrete sidewalk on both sides of South
Rivermoor Place, beginning on South Channel Road and terminating at a point aligned with
the northwest point of Lot 13, Block 21, (measured with a tangent line running through the
northwest point of Lot 13, Block 21, and perpendicular to the center line of S. Rivermoor
Place and intersecting the arcs located on the eastern boundaries of Lots 9 and 15, Block 21).
No additional sidewalks will be required within the cul-de-sac.
15. A five-foot (5') wide gravel pathway shall be constructed within Lot 3. Block 21. (in a
location generally as shown on the landscape plan date stamped by the City on April 1. 2003
(DR-14-03)' and within Lot 4. Block 21. A plan delineating the location of the pathway
within Lot 4. Block 21. shall be submitted for review and approved by staff. prior to the
commencement of any construction of the pathway. The pathway shall be constructed with
well-defined ed!!es. and maintained to be free of branches. weeds and other vegetation which
may conceal the location of the pathway. A note shall be added to the CC&R's stating
provisions for the proper maintenance of the pathway surface and for the clearing and removal
of any vegetation which may interfere with the pathway. A copy of the CC&R's shall be
submitted to the city prior to the City Clerk signing the final plat.
16. Revise note no. 8 on the final plat to state that the pathway within Lot 3. Block 21. and within
Lot 4. Block 21. is for pedestrian ingress and egress and is a multi-pUIJ>ose. non-motorized
pathway easement in favor of the City of Eagle.
17. The applicant shall install signage along the pathway (including within Lots 3 and Lot 4.
Block 21), near the intersection of the pathway and South Channel Way. and within the
parking lot (on the northwestern side of South Channel Way) directing pedestrian traffic to the
pathway and the South Channel of the Boise River. Signs shall also be installed within Lot 3.
Block 21. identifying the location of the Chevron Pipeline with specific language stating that
no digging. excavation. or the placement of structures shall be allowed within twenty-five feet
(25 ') of either side of the center of the pipeline.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on March 12,2003.
B. In accordance with 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:
I. 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,
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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.
C. Further, the Council determined that this site is not required to meet the no-net loss (compensatory
storage) requirements as outlined in Eagle City Code Section 10-1-8-5 (F) (I) since the site is not
located within the 100-year floodplain.
DATED this 8th day of July 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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Sharon. Moore, Eagle City Cle .
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