Findings - PZ - 2004 - FPUD-3-04 & FP-2-04 - Countryside Estates Subd No 4/11-Lot/9.76 Acre
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR COUNTRYSIDE ESTATES PUD SUBDIVISION )
NO.4 FOR COUNTRYSIDE EST A TES LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-04 & FP-2-04
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:
Countryside Estates LLC, represented by Steve Arnold with Briggs Engineering, is requesting final
development plan and final plat approval for Countryside Estates Subdivision No.4, an II-lot (9-
buildable, 2-common) residential subdivision. This 9.76-acre phase of Countryside Estates PUD
Subdivision is located near the northwest comer of Ballantyne Road and State Highway 44 (State
Street).
B. HISTORY:
The City Council approved the PUD for Countryside Estates Subdivision on February 13,2001. The
Findings of Fact and Conclusions of Law for the annexation, 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 February 13,2001, 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:
I. 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 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 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 development 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 conformance 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:
The City Engineer and Planning staff have reviewed the final development plan and final plat. It
is staff's opinion that this final development plan can 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 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 I, 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-3-04 & FP-2-04
for a final development plan and final plat approval for Countryside Estates PUD Subdivision No.
4 with the following staff recommended site specific conditions of approval:
I. Comply with all conditions of the City Engineer's letter date stamped by the City on February
24, 2004, prior to the City Engineer signing the final plat.
2. Comply with all applicable conditions of CU-4-00/PPUD-3-00/PP-3-00.
3. Comply with the conditions ofDR-2-01.
4. 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.
5. Construct the pathway within Lot 46, Block 3 (Chevron Pipeline) prior to the issuance of a
building permit for Lot 45, Block 9, and Lot 47, Block 3.
6. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at each lot corner with the distance between trees to be no
more than 80-feet or less than 35-feet. Pursuant to the approval of Countryside Estates No. I,
the applicant is permitted to construct concrete ribbon curbs (including a 4-foot wide striped
path as part of the roadway) and grassy swales (in lieu of sidewalks) along the edge of asphalt
along the east and west sides of North White Sage Way. Street trees shall be located at the top
of the grassy swale on the side located closest to the homes. Prior to the City Clerk signing the
final plat for each phase, 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 grassy swale.
7. Revise the final plat to correct the spelling of "W. CONIFER STREET".
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8. Revise the final plat to designate the landscape island positioned within the traffic calming
circle located in West Conifer Street near the western boundary of this site as a common lot.
Revise note no. 8 on the plat to reflect this the addition of the common lot.
9. Revise the description following the first WHEREAS on page I of the CC&Rs to reflect the
correct lot and block numbering for Countryside Estates No.4.
10. Revise Article II, Section 32 of the CC&Rs to include Lot 13, Block 1, and Lot 46, Block 3,
and the common lot referenced in site specific condition no. 8 above as common lots to be
owned and maintained by the Countryside Estates Homeowner's Association.
11. 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."
12. The applicant shall maintain a 4' x 4' plywood or other hard surface sign (mounted on two 4"x
4" posts with the bottom of the sign being a minimum of 3-feet above the ground) at the
northern entrance into the subdivision noticing the contractors to clean up daily, no loud
music, and no dogs off leash.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on February 10, 2004.
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 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 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
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 conformance with the Comprehensive Plan because the zoning
designation of R-2-DA-P is in accordance with the Residential One and Residential Two Land
Use designations shown on the Comprehensive Plan Land Use Map since the Land Use Map
divides the site into two different designations; and that with the use of a development
agreement, the overall density for the site is limited to what would have been otherwise
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allowed within a split zoning for the site (R-l and R-2 zones); and
8. The existing and proposed utility services are adequate for the population densities as noted by
the agencies which will serve the development.
DATED this 15th day of March 2004.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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ATTEST:
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'- Sharon K. Moore, Eagle City lerk
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