Findings - PZ - 1985 - CUP/PUD 7 Townhouses 28 units - Construct 7 Townhouses (28 Units) On 5.43 Acres/Er&Ranc
Robert DeShazo
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FINDINGS OF FACT AND
CONCLUSIONS OF LAW
In the Matter of
Applicant
CONDITIONAL USE PERMIT
PLANNED UNIT DEVELOPMENT
FINDINGS OF FACT
1) On or about October 15, 1984, James Gipson, Architech,
submitted an application for a Conditional Use Permit/Planned
Unit Development on behalf of Robert DeShazo. The request was
to build seven (7) Townhouses, consisting of 28 units on land
located on the Northeast and Southeast corner of Eagle Road and
Ranch Drive, consisting of approximately 5.43 acres.
2) On November 6, 1984, the Eagle Planning and zoning Com-
mission, following the notice and hearing procedures required by
#67-6509 Idaho Code, held a public hearing and received testimony
from twenty residents of the area. The Commission voted to defer
their decision on the matter until November 20, 1984.
3) On November 20, 1984 the Eagle Planning and Zoning Com-
mission moved to recommend to the Eagle City Council, approval
of the DeShazo Conditional Use Permit/Planned Unit Development
with the following provisions:
a.
Landscaping to be guarenteed by a bond to insure that
the property owners maintain the landscaping;
b.
A detailed design review of the proposed project be
submitted;
c.
A traffic control plan be submitted;
d.
A detailed landscape plan be submitted prior to final
approval; and
e.
A performance bond to insure construction and landscape or
a letter of credit be submitted.
4) On December 11, 1984, The Eagle City Council, following the
notice and hearing procedures required by #67-6509 Idaho Code, held
a public hearing and received testimony from seven residents of the
area. Two of the residents submitted favorable testimony and five
of the residents submitted unfavorable testimony. Following the
testimony the Council moved to table the decision on the preliminary
Development Plan until the meeting of December 18, 1984, which was
called for that purpose.
5) On December 18, 1984, the Eagle City Council met in special
session. At that meeting the Council approved the preliminary Con-
ditional Use Permit/Planned Unit Development for Robert DeShazo on
the the following grounds:
1.
That the parcel of land be considered one (1) parcel
for the purposes of a Planned Unit Development appli-
cation;
2.
That the preliminary application be contingent upon
DeShazo CUP/PUD
Fin~in9Sof Fact and
Conclusions of Law
Page 2
5)
10.
2.
Mr. DeShazo's continual ownership of the land subject
'to the Planned Unit Development;
3.
That the applicant comply with the Conditional Use
requirements and the pre-application requirements as
listed in the zoning ordinance;
4.
5.
That the schedule of completion be four (4) years;
That in the schedule of completion, if the developer
developed one half (~) of it, the remaining ground
would be kept in some similance of upkeep, watering,
cutting the grass, etc;
6.
That the density determination be made by not counting
the streets which leaves 4.18 acres;
7.
That existing wells and the access to the wells be
counted in the determination of the 4.18 acres and
that the applicant furnish a perpetual easement agree-
ment with Eagle Ranch Water Corporation;
8.
That the applicant be allowed to ~ither consider all of
the 4.18 acres as residential, which would mean the
removal of the shop and the office building and inclusion
in the PUD or would be allowed to exempt out of the appli-
cation so much of the land as being used for commercial
uses under his gran~ather rights, that the choice be
with the applicant;
9.
That the four conditions recommended by the Planning
and Zoning 'Commission be included in this pre-application
approval:
a.
That a detailed design review of the proposed
project be submitted;
b.
A traffic control plan be submitted;
c.
A detailed lanscape plan be submitted prior to final
approval; and
d.
A performance bond to insure construction and land-
scape or a letter of credit be acquired.
That the consideration of Section H., Article XII,
Ordinance #40, of the City of Eagle, "Increased Resi-
dential Density", be left open in that the applicant
may submit additional evidence that might justify an
increase in density under Section H.
DeShazo CUP/PUD
Findings of Fact and
Conclusions of Law
Page 3
CONCLUSIONS OF LAW
1) The application of Robert DeShazo dated October 15, 1984,
complies in part with the requirements for applying for a CUP/PUD
as set forth in Article XII of Ordinance #40 of the City of Eagle.
2) The applicant may consider two adjacent lots as one (1)
parcel for the purposes of a Planned Unit Development.
3) The applicant may not use the previously dedicated streets
in counting area density leaving a total area of 4.18 acres.
4) That the applicant has the choice of either consider all of
the 4.18 acres as residential, which would mean the removal of the
shop and the office building and inclusion in the PUD or would be
allowed to exempt out of the application so much of the land as
being used for commercial uses under his grandfather rights.
5) That the existing wells and the access to the wells be
counted in the determination of the 4.18 acres and that the appli-
cant furnish a perpetual easement agreement with Eagle Ranch Water
Corporation.
6) That the consideration of Section H., Article XII, Ordin-
ance #40, of the City of Eagle, be left open in that the applicant
may be allowed to submit additional evidence that might justify an
increase in density under that section; and
7) That the recommendation from the Eagle Planning and Zoning
Commission requiring a guarentee from the developer by a bond to
insure the maintenance of the landscaping by the homeowners of the
townhouses, is unreasonable
Adopted by the Council of the City of Eagle, Idaho
day of ~, 1985.
~P~d ~ the Mayor of the Ciq of Eagle, Idaoo,
day of (.. v¡tl~ ' 1985.
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AMENDMENT TO
FINDINGS OF FACT
CONCLUSIONS OF LAW
DESHAZO PUD/CUP
Page 2
Paragraph 8
Should read as follows: That the applicant, at his choice prior
to final approval, be allowed to either consider all of the 4.18
acres as residential, which would mean the removal of the shop
and the office building and inclusion in the PUD or would be
allowed to exempt out of the application so much of the land as
being used for commercial purposes under his qrandfather rights,
provided the remaining land for the PUD is at least three (3)
acres.
Paragraph 10
Should read: That the allowable density be determind by multi-
plying the land acreage resulting by applicants decision under
paragraph Number 8, by five and that the consideration of Section H.,
Article XII, Ordinance #30, of the City of Eagle, "Increased
Residential Density", be left open in that the applicant may
submit additional evidence that might justify an increase in
density under Section H.
Ad~ed by the Council of the City of Eagle, Idaho
day of (~' 1985.
Approved by the Mayor of the City of Eagle, Idaho,
day of i'~ ,1985.
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