Findings - CC - 2004 - FPUD-10-03/FP-13-03 - Rivers End Subd 2/74 Lot/49.74 Acre/
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
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-03 & FP-13-03
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 16, 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:
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 Yz -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 herein 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 fact:; 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 detrimenwl 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 devdopment 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 fillal 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
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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 applic:ant could take to obtain a permit.
STAFF ANALYSIS PROVIDED WITHI'l THE STAFF REPORT:
The Planning staff and City Engineer have reviewed the final development plan and final plat.
This phase differs from the original preliminary 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 conÚted 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 s~lstem 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 and lot configuration has resulted in an alteration of the open
space layout. When the floodway Í!; 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 final 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 appmved 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. í below) and apply these setbacks to all the dwellings within the
development. Staff agrees this scenario would be beneficial in simplifying the criteria for setbacks
and that no detrimental effects would 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 final development plan are not intensive and therefore are not a substantial
change to the preliminary development plan. Staff believes this phase of the development can
meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C (as noted herein)
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with the conditions recommended he:rein 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 Zoning 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
site specific conditions of approval shown within their Findings of Fact and Conclusions of Law
document, dated March 1, 2004.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 16, 2004. The Council made their
decision at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 2 to 1 (Sedlacek against, Nordstrom absent) to approve FPUD-1O-03 & FP-13-
03 for a final development plan and fmal plat for RiversEnd Subdivision No.2 with the following
Planning and Zoning Commission æcommended site specific conditions of approval with
underlined text to be added by the Council and strikethrough text to be deleted by the Council:
SITE SPECIFIC CONDITIONS OF API'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-O1/PPUD-I-01/PP-2-01.
3. Comply with all applicable conditions ofDR-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 approved by staff and one member of the Design Review Board.
4. Comply with all requirements ofFload 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 Engineer signing the final plat.
6. Any subdivision signage, sign lighting. and sign landscaping shall be reviewed and approved
by the Design Review Board pJl0r 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 smgle-story homes/I5 Foot for twe second-story åeæes.
Floodway 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 flood way line.
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8. Revise Note No. lIon the final plat to reference Lot 2, Block 8 (clubhouse) as a common lot.
9. Provide a copy of the recorded C'C&Rs for the subdivision and a copy of the recorded plat of
RiversEnd Subdivision No.2, pIior 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-inch 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 required 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
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 all landscape 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 lO-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
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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.
F. A 6-foot concrete pathway from the sidewalk along East Island Woods Drive to the play
area to be constructed on lot 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 encroach upon the buildable area on any lot along the slough
(commonly known as the Pine Slough) 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 removal) 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 trees will not survive the relocation. The Developer shall
provide mitigation by planting ten (10) four-inch (4") caliper Poplar trees in addition to the
trees otherwise scheduled for planting in this subdivision. These mitigation trees are to be
planted as follows: four (4) in thl~ pathway leading to the bridge between Lots 24 and 25,
Block 6, and one (1) on the back of each of the following lots: Lots 3, 4, 5, 6, 7, and 8, Block
8, along the property boundary to 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 ¡:,lanted 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 the following additional amenities:
A. A gazebo near the east end oJ 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 mcreational 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 restr:>om facilities in the Clubhouse.
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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 minimum of 10 cars.
7. A small outside seating area for enjoying views and similar activities.
C. A waterfalVwater feature between lots 9 and 10, Block 7, along East Island Woods Drive.
D. A waterfalVwater 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
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 plan s 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 prohibited on Sunday. The applicant shall keep the existing sign at the
entrance to the RiversEnd subdivision 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 cost 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 has :)een included within the CC&Rs).
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on October 31,2003.
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 Commis:;ion, with the conditions herein, establish that:
1. The second phase of developmer.t will be initiated within one year of the date of approval
based upon the testimony and do::umentation presented by the developer;
2. Each individual unit of the devel'Jpment, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance can be provided 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 wlll 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:1as 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
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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 areas surrounding the development, are proposed;
7. The PUD is in general conformiffice 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.
DATED this 23rd day of March 2004.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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-Sharon ~K. Moore, Eagle City Cle
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