Findings - PZ - 2004 - FPUD-11-03 & FP-14-03 - Two Rivers Subd No 9/41-Lot/18.64 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN ANn FINAL PLAT
FOR TWO RIVERS SUBDIVISION NO.9
FOR T. R. COMPANY LLC.
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FINDINGS OF FACT AND CONCLUSJlONS OF LAW
CASE NUMBER FPUD-ll-O3 & FP-14-03
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on March I, 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:
T. R. Company LLC, represented by Dm Torfin, is requesting final development plan and final plat
approval for Two Rivers Subdivision ]"0.9, a 41-lot (34-buildable, 7-common) residential subdivision.
This 18.64-acre phase of Quarter Circl~ Ranch PUD is located on the west side of Eagle Road
approximately 1600-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 ùw 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 Condusions 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 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 detrimentHI to present and potential surrounding uses, but will have a
beneficial effect which would I:.ot 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 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;
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7. The PUD is in general confomlatlce 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 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:
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 drcle; rather it has been fashioned into a wishbone design to
accommodate a larger amount of open :;pace than was previously shown. These changes result in a
reduction of three (3) building lots from that previously approved with the preliminary development
plan. Considering the lot layout and street design, it is staff's opinion that this ninth phase of the final
development plan can meet the Findings of Fact required in Eagle City Code Section 8-6-6-3 B and C
(as noted herein) with the conditions re:;ommended herein and that the phase nine 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 March 1, 2004. The
Commission made their recommendation at that time. The Commission determined that this phase
nine final development plan and final 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 (Declœrs absent) to recommend approval of FPUD-I1-03 & FP-14-
03 for a final development plan and final plat approval for Two Rivers Subdivision No.9 with the
following staff recommended site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of tile City Engineer in the letter date stamped by the City on
February 26, 2004.
2. Comply with all applicable conditions of RZ-IO-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-1-03.
5. 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.
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 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 locat,;xl 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 witllin five feet (5') of the edge of roadway. Prior to the City
Clerk signing the final plat for t:ach 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
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installation of all landscape and irrigation improvements within the 5-foot wide landscape
strip. Trees shall be installed prior to obtaining any occupancy pennits for the homes. A
temporary occupancy may be issued if weather does not permit landscaping.
8. Revise the final plat to increase the 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 phas4~.
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 final plat and a statement within the CC&Rs 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.
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 "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 December 12, 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 cretlting 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
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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 devdopment can be planned and zoned in coordination and
substantial compatibility with the proposed development since no intensive uses, that might
impact the planned residential ,lI'eas surrounding the development, are proposed;
7. The PUD is in general confomlance 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 tile development.
DATED this 15th day of March 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
County, Idaho
ATTEST:
) ~A-<' -L'?Y1~
Sharon. Moore, Eagle CIty Clerk
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