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Findings - CC - 2004 - FPUD-11-03/FP-14-03 - Two Rivers 9/41 Lot/18.64 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.9 FOR T. R. COMPANY LLC. ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-ll-03 & FP-14-03 The above-entitled fmal development plan ~md final plat applications came before the Eagle City Council for their action on March 23, 2004. 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 Dall Torfm, is requesting fmal development plan and final plat approval for Two Rivers Subdivision No.9, a 41-lot (34-buildable, 7-common) residential subdivision. This 18.64-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road approximately 16oo-feet south of State Highway 44. B. mSTORY: 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 incorporated herein by reference. C. PRELIMINARY PUD/PLAT FINDINGS: City Council Findings of Fact and ConcJusions 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 cre~lting 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 detrimenta1 to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard distri::t regulations; 3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in suet! 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 fio.n standard di:;trict requirements is warranted by the design and other amenit~~s incorporated in the fill.al devdopment plan, in accordance with the PUD a11'j the adopted policy of the Council; 6. The area surrounding said d~velopment can be planned and zoned in coordination and substantial compatibIlity with the propo;¡::d development; 7. The PUD is in general conform~mce with the Comprehensive Plan; and Page 1 of 4 K:\P1a:ming Dept\EagIe AIplications\SUBS\2003\Two Rivels It] f¡;üd ccf.èoc 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 applic.ltion, the Council shall specify: 1. The ordinance and standards used in evaluating the application; 2. The reasons for approval or deniaJ; and 3. The actions, if any, that the applicant could take to obtain 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 previously designed "loop" road (now known as Headwaters Drive and Lake Pointe Way) is no longer a continuous circle; rather it has been fashioned into a wishbone design to accommodate a larger amount of open space than was previously shown. These changes result in a reduction of three (3) building lots from that previously approved with the prelinllinary development plan. Considering the lot layout and street design, it is staff's opinion that this ninth phase of the fmal development plan :an 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 nine final plat will be in substmtial compliance with the preliminary plat with the conditions herein. REVIEW BY THE COMMISSION: A review by the Planning and Zoning Commission was completed on March 1, 2004. The Commission made their recommend;ltion at that time. The Commission determined that this phase nine fmal development plan and filIal plat is in substantial compliance with the Quarter Circle Ranch PUD. The minutes are incorporated herein by reference. COMMISSION DECISION: The Commission voted 4 to 0 (Deck,;:rs absent) to recommend approval of FPUD-I1-03 & FP-14- 03 for a final development plan and fmal plat approval for Two Rivers Subdivision No.9 with the staff recommended site specific conditions of approval shown within their Findings of Fact and Conclusions of Law document, March 15,2004. REVIEW BY THE COUNCIL: A review by the City Council was completed on March 23, 2004. 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-II-03 & FP-14-O3 for a final development plan and final plat approval for Two Rivers Subdivision No.9 with the following Planning and Zoning Commission recommended site specific conditions of approval: SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with all conditions of the City Engineer in the letter date stamped by the City on February 26, 2004. 2. Comply with all applicable conditions of RZ-1O-98/CU-9-98/PPUD-2-98/PP-8-98. 3. Comply with the conditions ofDR-14-03. 4. Comply with the conditions of FPDP-I-03. 5. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing Page 2 of 4 K:\Planning Dept\EagIe Ap)lications\SUBS\2003\Two Rivers #9 fpod ccf.doc this project, prior to the City Clerk signing the final plat. 6. Any subdivision signage, sign li.ghting, and sign landscaping shall be reviewed and approved by the Design Review Board prior to the City Clerk signing the final plat. 7. The developer shall provide 3-mch 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. Revise the fmal plat to increase 1he roadway frontage on Lot 42, Block 19, to measure a minimum of 35-feet. 9. 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 66, Block 20) abutting the westerly boundary of this phase. 10. The lots within Phase 9 are approved as "Luxury Lots" and shall have the setbacks noted in the Quarter Circle Ranch PUD findings for "Luxury Lots", which are approved 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 fmal plat atld a statement within the CC&Rs which states that commercial and agricultural traftic 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. 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. CONCLUSIONS OF LAW: A. The application for this item was received by the City of Eagle on December 12, 2003. B. In accordance Eagle City Code Section 8-6-6-3 B 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 documentatioIJ 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 sustlined desirability and stability or that adequate assurance will be provided that such objective will be attained and the uses Page 3 of 4 K:\Planning Dept\EagIe APIlications\SUBS\2003\Two Rivers #9 fpod ccf.doc proposed will not be detrimentaJ. 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 diHtrict 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 bÅ“ause 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 th~: development. DATED this 13th day of April 2004. CITY COUNCil.. OF THE CITY OF EAGLE Ada County, Idaho ATTEST: ~d-<. ~'Yh~ ...... Sharon. Moore, Eagle-City bterk ",,"'" lib"" "-",, "{ 1.{ 0 F JJ "'" ...." G\ ..........<[ '. ~ ..',., .'. o~ ~ ~ . ('. r f) !?, . \...,.. -:. .. .. C ,I ~ \." .. : *" . >', ~ :. : : ' , : : : : . "': :.ø'. ". ..~'*: ';.~,'.' ""/ ¡ ... " . ,- '0" ~ ##, . - ,- .\.() ...." #"#. <. I;' i ,) . . ' ",- 11""'11"...'" Page 4 of 4 K:\Planning Dept\EagIe ApIlications\SUBS\2003\Two Rivers #9 fpod ccf.doc