Findings - CC - 2003 - FPUD-5-03/FP-7-03 - Two Rivers 8/36 Lot/21.63 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.8
FOR T. R. COMPANY LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-5-03 & FP-7-O3
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on August 12, 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.8, a 36-lot (28-buildable, 8-common) residential subdivision.
This 21.63-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road
approximately l600-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.
The City Council approved a modification to the PUD for Quarter Circle Ranch Subdivision (RZ-l 0-
98/CU-9-98/PPUD-2-98/PP-8-98 MOD) on December 17,2002.
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.
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
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adopted policy of the Council;
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 sundards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could uke to obuin a permit.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
Planning staff and the City Engineer have reviewed the final development plan and final plat. This
phase differs from the original preliminary development plan in open space, lot quantity and street
configuration. The cul-de-sac (South Lake Vista Place) has been shortened to accommodate a
large (4.4-acres) common lot to be owned and maintained by the homeowners association as open
space. This change also resulted in seven (7) lots (surrounding the cul-de-sac) being reduced in
average size (each) from approximately one and one third (1 1/3) acres to approximately one-half
(1/2) acre (each). While this revision resulted in an additional building lot (toul of eight)
accessing the cul-de-sac, overall this phase will be constructed with one less building lot than
approved with the preliminary development plan. Considering the lot layout and street design, it is
surfs 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 eight 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 June 16, 2003. The
Commission made their recommendation at that time. The Commission determined that this phase
eight final development plan and final plat is in substantial compliance with the modification to
the Quarter Circle Ranch PUD and is appropriate to be heard as a "New Business item" and a
public hearing is not required. The minutes are incorporated herein by reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Crook absent) to recommend approval ofFPUD-5-03 & FP-7-03
for a final development plan and final plat approval for Two Rivers Subdivision No.8 with the
suffrecommended site specific conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated July 14, 2003.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 12,2003. 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-5-03 & FP-7-03 for a final development plan and final
plat approval for Two Rivers Subdivision No.8 with the following Planning and Zoning
Commission recommended site specific conditions of approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer in the letter date stamped by the City on June
12,2003.
2. Comply with all applicable conditions ofRZ-10-98/CU-9-98/PPUD-2-98/PP-8-98 and RZ-IO-
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 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 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.
7. The applicant shall dedicate a sufficient amount of right-of-way to construct South Channel
Way and provide access to those properties currently accessing South Channel Road, in
accordance with the requirements of the Ada County Highway District, prior to the City Clerk
signing the final plat.
8. Revise the final plat to designate a common lot abutting the southern boundary Lot 42, Block
20 (abutting South Channel Way), measuring fifteen-feet (15') in width (commensurate to Lot
31, Block 24). Revise note no. 10 on the final plat to reflect this addition.
9. Revise Note no. 8 on the final plat to reference the International Building Code (I. B. c.), and
not the Uniform Building Code (D. B. C.)
10. The applicant shall construct a minimum 10-foot wide asphalt pathway within a 20-foot wide
easement within the Chevron Pipeline easement (shown as Lot 33, Block 24) abutting the
northerly boundary of this phase.
11. The lots within Phase 8 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
12. 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 final plat.
13. 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".
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14. 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 April 14, 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:
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 attlined 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;
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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.
DATED this 26th day of August 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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./ Sharo~"K. Moore, Eagle City lerk
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