Findings - PZ - 2004 - FPUD-10-03 & FP-13-03 - Riversend Subd No 2/74-Lot/49.74 Acre
OR\G\NAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR RIVERSEND PUD SUBDIVISION :PHASE NO.2
FOR HOWELL-KISER DEVELOPMENT CORP.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-IO-O3 & FP-13-03
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendatbn on February 17, 2004. 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:
Howell-Kiser Development Corp. is requesting final development plan and final plat approval for
RiversEnd Subdivision No.2, a 74-lot (68-buildable, 6-common) residential subdivision. This 49.74-
acre phase of RiversEnd Subdivision PUD is located between the North and South Channels of the
Boise River approximately Y2 -mile east of Eagle Road on East Island Woods Drive.
B. HISTORY:
The City Council approved the PUD for RiversEnd Subdivision on October 23, 2001. The Findings of
Fact and Conclusions of Law for the rezone, conditional use permit, preliminary plat, and preliminary
development plan are incorporated hereill by reference.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated October 23,2001, 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~.ting 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 pIOpOSed 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 deveJopment can be justified at the locations proposed;
5. Any exception from standard di:;trict 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 confonmmce with the Comprehensive Plan; and
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8. The existing and proposed utilit~' 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 denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The Planning staff and City Engineer have reviewed the final development plan and final plat.
This phase differs from the original :?reliminary development plan in phasing of the project, street
configuration, lot quantity, and open space. This phase is a combination of phases two and four,
which added together, initially consisted of eight-eight (88) buildable lots. These changes result in
a reduction of twenty (20) building lots from that previously approved with the preliminary
development plan.
The previously designed roadway system was comprised of two (2) "loop" roads which have now
been combined into one (1) meandering roadway, with a connecting roadway to provide a
circuitous route through a section of the development. This change also resulted in the elimination
of two (two) cul-de-sacs, with only one (1) cul-de-sac now remaining. Staff believes that this new
roadway design is beneficial in that it adds character to the streetscape and, places the building
sites at differing angles to the street rather than in a linear plane.
The change in the roadway design atld lot configuration has resulted in an alteration of the open
space layout. When the floodway is excluded from the calculations, the amount of open space
remains essentially the same; the addition of the floodway adds approximately three (3) acres of
open space to the amount of area initially approved in the preliminary development plan. In the
typical City of Eagle planning process, the applicant, subsequent to the approval of the preliminary
development plan, is required to submit a landscape plan of the development for review and
approval prior to the submittal of a l1nal development plan and final plat. With this application,
the degree of change in the design of the open space, although minor, is enough to require some
modifications to the originally approved design review landscape plan (the applicant has submitted
a revised landscape plan to address the changes). Staff believes that, in lieu of the submittal of a
new design review application, the revised plan may be reviewed for approval by one member of
the Design Review Board and a member of staff, prior to the City Clerk signing the final plat.
The approval of the preliminary development plan allowed for a reduction in the building setbacks
required for the R-2 zoning district. A complicated mapping system was approved with the intent
to provide a variety of setbacks to discourage a "walled corridor" effect of houses lining the
streets. However, this resulted in all the setbacks for this phase being the same and, to simplify the
process, the applicant has proposed to take the most restrictive setback measurements (see site
specific condition of approval no. 7 below) and apply these setbacks to all the dwellings within the
development. Staff agrees this seen ario would be beneficial in simplifying the criteria for setbacks
and that no detrimental effects wou,d result. As mentioned before, the meandering street will aid
in providing a variety of building angles facing the street.
Considering the aforementioned items, it is staff's opinion that the proposed changes within this
second phase of the fmal developm;:nt plan are not intensive and therefore are not a substantial
change to the preliminary development plan. Staff believes this phase of the development can
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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 two final plat will be in substantial
compliance with the preliminary plat.
REVIEW BY THE COMMISSION:
A review by the Planning and ZOI1 ing Commission was completed on February 17, 2004. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Deckers absent) to recommend approval of FPUD-1O-03 & FP-13-
03 for a final development plan and final plat approval for RiversEnd Subdivision No.2 with the
staff recommended site specific con:litions of approval provided below.
SITE SPECIFIC CONDITIONS OF APF'ROV AL:
1. Comply with all conditions of the City Engineer's letter dated February 3, 2004, and the
following:
a. Submit a copy of the con~¡truction site runoff control plan filed with the EP A and ACHD
to Holladay Engineering, prior to the City Engineer signing the final plat.
b. Construct handicap sidewalk ramps from the sidewalk to the street at the corners of Lots
15 and 16, Block 6, and Lots 4 and 5, Block 8.
2. Comply with all applicable conditions of A-I-0l/RZ-I-0l/CU-3-01/PPUD-1-01/PP-2-01.
3. Comply with all applicable conditions of DR-78-01. Prior to the City Clerk signing the final
plat, the revised landscape plan submitted by the applicant (date stamped by the City on
October 31,2003) shall be applOved by staff and one member of the Design Review Board.
4. Comply with all requirements of Flood Plain Development Permit No. FPDP-7-03.
5. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Ell gineer signing the final plat.
6. 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.
7. The setbacks for all buildings within the RiversEnd Subdivision PUD shall comply with the
following:
25-Foot Front Setback
25-Foot Rear Setback
lO-Foot Side Setback for single-story homes/IS Foot for two-story homes.
Floodwav Setback: Buildings on Lots 24, 25, 26, 27, 28, 29 and 30, Block 6, shall be
setback a minimum of 50 feet building from the floodway line.
8. Revise Note No. lIon the fina: plat to reference Lot 2, Block 8 (clubhouse) as a common lot.
9. Provide a copy of the recorded CC&Rs for the subdivision and a copy of the recorded plat of
RiversEnd Subdivision No.2, prior to the issuance of any building permits.
10. The applicant shall provide documentation that "Digline" has been contacted prior to the
commencement of any subsurface construction.
11. The applicant shall provide 3-iuch minimum caliper shade-class trees along both sides of all
streets within this development. Trees shall be placed at each lot corner except that an
additional tree shall be require<:. for the lots listed below with the distance between trees to be
no less than 35-feet. The trees shall be located in a landscape strip between the sidewalk and
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the curb. Prior to the City Clerk signing the final plat the applicant shall either install the
required trees, landscaping, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of ;llllandscape and irrigation improvements within the 5-foot
wide landscape strip The following lots shall have a second a tree at least 35 feet from the
corner tree:
Lot 15, Block 6
Lot 30 Block 6
Lot 5 Block 7
Lot 7 Block 7
Lot 11 Block 7
Lot 16 Block 7
Lot 8 Block 8
Lot 3 Block 9
Lot 7 Block 9
Lot 10 Block 9
Lot 12 Block 9
Lot 17 Block 9
Lot 19 Block 9
12. Other than the sidewalks along the streets, meandering pathways within the subdivision shall
be 6-foot wide minimum concrete and the pathway leading to the bridge and crossing the
bridge shall be 8-feet wide. The greenbelt pathway and the pathways within the nature
preserve at the north end of the development (Lot 21, Block 6) along the south side of the
North Channel of the Boise River shall be 10-foot wide compacted gravel consistent with the
adjacent existing City greenbelt compacted gravel pathway. The internal concrete pathways to
be constructed are:
A. A 6-foot wide concrete pathway on the west side of Lots 2, 6 and 7, Block 6, and
between Lots 7 and 8, Block 6, traveling from Island Woods Drive to East Riversong
Drive;
B. A 6-foot wide concrete pathway between Lots 10 and 12, Block 6, from East Riversong
Drive to the pond (Lot 11, Block 6) with a sitting area at the end of the pathway on the
pond;
C. A 6-foot wide concrete pathway between Lots 9 and 10, Block 7, from Island Woods
Drive to E. Riversong Drive, together with a small footbridge over the small creek created
by the waterfall in the same: area.
D. A 6-foot wide concrete: pathway between Lots 2 and 21, Block 9, from East Aspen
River Way to the pond (Lot 1, Block 9) with a sitting area at the end of the pathway on the
pond.
E. An 8-foot wide concrete pathway between Lots 24 and 25, Block 6, from E Riversong
Drive to the bridge which is to go over the Pine Slough (within Lot 21, Block 6). The
bridge shall also have an 8-foot wide concrete deck.
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F. A 6-foot concrete pathway from the sidewalk along East Island Woods Drive to the play
area to be constructed on 101: 2, Block 8, near the clubhouse.
G. A 6-foot wide concrete pathway to the gazebo to be built on the north side of Island
Woods Drive in Lot 2, Block 7.
13. All living trees along the North Channel of the Boise River shall be left in their natural state,
and any trees that do not encroa,~h upon the buildable area on any lot along the slough
(commonly known as the Pine 5:lough) shall be left in their natural state to provide habitat for
the existing birds and animals. The twenty-one-inch (21") Poplar Tree on Lot 9, Block 6,
(previously approved for remov!l) shall be saved. The twelve-inch (12") and eight-inch (8")
Poplar trees previously approved for relocation from Lot 8, Block 6, will be removed instead
due to high probability that the ITees will not survive the relocation. The Developer shall
provide mitigation by planting t~n (10) four-inch (4") caliper Poplar trees in addition to the
trees otherwise scheduled for plmting in this subdivision. These mitigation trees are to be
planted as follows: four (4) in the pathway leading to the bridge between Lots 24 and 25,
Block 6, and one (I) on the back of each of the following lots: Lots 3, 4, 5, 6, 7, and 8, Block
8, along the property boundary 1:0 provide additional screening from the adjacent farm to the
east. (The Developer has agreed to mitigate at 2.0 times the caliper of these trees to be
removed.) If these mitigation trees are not planted by the time the City signs the plat,
Developer shall post a pond with the City in to amount of 150% of the value of these
mitigation trees. Finally, any other trees that are removed shall be mitigated for at the caliper
rate provided by ordinance and planted in locations approved by the City Forester, and the
relocation of any trees shall be to locations approved by the City Forester.
14. The applicant shall construct thl~ following additional amenities:
A. A gazebo near the east end of the pond on Lot 2, Block 7, which matches the design of the
gazebo that was constructed on the pond on Lot 1, Block 3 (RiversEnd No.1).
B. A Pool and Clubhouse with recreational and meeting areas on common area Lot 2, Block 8,
together with:
1. A swimming pool with at least 600 square feet in area, maximum depth 5.5 feet, (No
Diving Board).
2. Sunbathing deck area.
3. An approximately 24-foot by 24-foot room serving many multi-purposes such as Board
meetings and other related meetings of persons in the subdivision.
4. Changing rooms and restroom facilities in the Clubhouse.
5. An approximately 30-foot-by-30-foot fenced area for children to play in while being
supervised by their parents together with playground equipment.
6. Parking spaces for a minlmum of 10 cars.
7. A small outside seating area for enjoying views and similar activities.
C. A waterfall/water feature between lots 9 and 10, Block 7, along East Island Woods Drive.
D. A waterfall/water feature between lots 18 and 19, Block 7, along East Riversong Drive.
E. A bridge between lots 24 and 25, Block 6, and crossing over the Pine Slough and the Pine
Slough wetlands areas (Lot 21, Block 6). The bridge shall be 8-foot wide and have a
concrete deck. The City shall have a perpetual easement over and across this bridge (as
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provided on the plat) for the City's maintenance vehicles to have access to and from
RiversEnd Subdivision and the City's Greenbelt on the south side of the North Channel of
the Boise River. The final plans for this bridge shall be reviewed by the City Engineer prior
to construction as provided by the City Engineer's letter of February 3, 2004.
15. All construction equipment consisting of twelve (12) tons gross vehicle weight (GVW) and
over shall enter the construction site only between the hours of 8 a.m. and 7 p.m., Monday
through Saturday and prohibite:l on Sunday. The applicant shall keep the existing sign at the
entrance to the RiversEnd subdi vision noticing the contractors of this requirement and noticing
the contractors to clean up daily, have no loud music, and no dogs off leash.
16. Upon submittal of a final development plan and final plat for phase three, the applicant shall
provide the City Engineer a cos: schedule for the maintenance of the private roads to be
constructed within phase three. (A plan for the future repair and maintenance of the private
street and drainage facilities ha~ been included within the CC&Rs).
CONCLUSIONS OF LAW:
A. The application for this item was receiwd by the City of Eagle on October 31,2003.
B. In accordance Eagle City Code Section B-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 second phase of developmmt will 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 devdopment, as well as the total development, will exist as an
independent unit capable of crelting an environment of sustained desirability and stability or
that adequate assurance can be }rovided that such objective will be attained and the uses 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 to be constructed 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 since the principal road serving the development is designed
as a collector and, the developer has contributed funds for the installation of a traffic signal at
the intersection of Island Woods Drive and Eagle Road;
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 will allow for a mix of housing types in accordance with the
Comprehensive Plan;
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 ,iI'eas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by
the agencies that will serve the development.
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DATED this 1st day of March 2004.
PLANNING AND ZONING COMMISSIOS
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
ft,- ÚÀ-u- \L ?Y1~ -
Sharon K. Moore, Eagle City Clerk
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