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Findings - PZ - 2003 - FPUD-5-03 & FP-7-03 - Two Rivers No 8/36-Lot/21.63 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.8 FOR T. R. COMPANY LLC. ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-S-O3 & FP-7-03 The above-entitled final development plan and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on June 16,2003. 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 final development plan and final plat approval for Two Rivers Subdivision No.8, a 36-lot (28-buildable, 8-common) residential subdivision. This 2I.63-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. illSTORY: 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-IO- 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 ~d other Page 1 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #8 fpud pzf.doc 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 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 (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 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. 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 (total 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 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 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 Page 2 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #8 fpud pzf.doc 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 of FPUD-5-03 & FP-7-03 for a final development plan and final plat approval for Two Rivers Subdivision No.8 with the following staff recommended site specific conditions of approval with 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 June 12, 2003. 2. Comply with all applicable conditions of RZ-IO-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-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. 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 Highwav 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 (U. B. c.) 10. The applicant shall construct a minimum lO-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 30 feet 30 feet 7.5 feet 5 feet per story Page 3 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #8 fpud pzf.doc Street Side 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". 14. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar structures. Documentation indicating that "Dig line" 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 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 Page 4 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #8 fpud pzf.doc 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 14th day of July 2003. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada County, Idaho ~~~ Steve D ers, Chairman L... ATTEST: , , ". ............ , ' . ----#, ......, Of BAO.) #." ...." -1.,. ..~~ .'" :' {... .... 8£.. "". .. ,-"'. 1l0-I'.A .' . : '-- ;~. o~ V' .~ : ~u - : : ..8 , ~:,.;t:\ ~112~' -:. .~., p \ .......~JPOv..Þ. ,.' ""'- V"» ---.., ####..-i 7'£ c .,........,." ~~7YJ~ Sharon. Moore, Eagle City Clerk Page 5 of 5 K:\Planning Dept\Eagle Applications\SUBS\2003\Two Rivers #8 fpud pzf.doc