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Findings - PZ - 2003 - FPUD-3-03 & FP-4-03 - Two Rivers Subd No 7/16-Lot/12.95 Acre/(Quarter Circle Ranch) 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.7 FOR T. R. COMPANY LLC. ) ) ) ) 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 Planning and Zoning Commission for their recommendation on May 19,2003. 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 fmal development plan and final plat approval for Two Rivers Subdivision No.7, a I6-10t (4-buildable, I2-common) residential subdivision. This I2.95-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. 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 Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #7 fpud pzf.doc 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 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 staff s 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 Band 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 I50-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 following staff recommended site specific conditions of approval with strikethrough text to be deleted by the Commission and underline text to be added by the Commission: 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 of RZ-IO-98/CU-9-98/PPUD-2-98/PP-8-98. 3. Comply with the conditions ofDR-50-99 & DR-I4-O3. 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. Page 2 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #7 fpud pzf.doc 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 tile City Clerk sigøiRg thE! fiRal f)lat access beine: 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 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 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 Engineer signing the fmal 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. bee:inning 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 throue:h the northwest point of Lot 13. Block 21, and perpendicular to the center line of S. Rivermoor Place and intersectine: 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. Page 3 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #7 fpud pzf.doc 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 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. Page 4 of 5 K:\Planning Dept\Eagie Applications\SUBS\2003\Two Rivers #7 fpud pzf.doc DATED this 2nd day of June 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ATTEST: """"""1 ,., II.. ..," .~ BAG I #.'.. .." ,1 0 >.."r..,. -Ii' ~.. .:' ...... ~.' ~~" II! .:'.:."."' .r"""'".. " ::C;:.,' '<;:...0:. E :( ,. ~ : .', .' -: : . : < -' ....: .. ~ ro... \... "'. 0 . ; -it. c '( \ P "". :: ~ ..<'.~) ~ 4,".. t:t: :: \ ...C'OT>POv..Þ-'\.. ~.! "".. <.1"), ......... \.'Y ....0; ".. ~ -1 TE O~ .." ".., .,' """,.....", ß rr-\- ~ -- \( 'În ~ Sharon 'K. Moore, Eagle City él~l Page 5 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #7 fpud pzf,doc