Findings - PZ - 1999 - FPUD-2 & 3-99 & FP-7 & 8-99 - Merrill Sub #1&2(Formerly Rocky Mt Business Park)/8Lot/18 Mixed Lots
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 MERRILL SUBDIVISION NOS, 1 & 2
(FORMERLY ROCKY MOUNTAIN BUSINESS
PARK FOR REID MERRILL JR.
)
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)
)
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2 & 3-99 & FP- 7 & 8-99
The above-entitled final development plan and final plat applications came before the Eagle
Planning and Zoning Commission for their recommendation on May 17, 1999. The Commission
having, and having duly considered the matter, makes the following Findings of Fact and
Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
Reid Merrill Jr. is requesting final development plan and final plat approvals for Merrill
Subdivision Nos. 1 & 2 (formerly Rocky Mountain Business Park), an 8 lot and 18-10t mixed
use subdivision. The site is 40+ acres and is generally located between State Street and the
Highway 44 Alternate Route extending from the north/south section of State Street
(extension of Edgewood Lane) eastward approximately Y2 mile. The site is within the Eagle
City Limits.
B. HISTORY:
The City Council approved the PUD for Rocky Mountain Business Park on August 11, 1998.
The Findings of Fact and Conclusions of Law are attached.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated August 11, 1998, 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 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;
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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;
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.
F.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plans and
final plats. It is staffs opinion that the final development plans submitted 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 recommended herein and that the final plats 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 done on May 17, 1999. The
Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
The review included discussion regarding the overall development, with questions from
the Commission regarding landscaping and pathway and pathway easements within the
right-of-way for State Highway 44, license agreements for improvements within the
right-of-way, and questions regarding minor changes in the lot configurations.
COMMISSION DECISION:
The Commission voted 4 to 0 (Farnworth Abstained) to recommend approval of FPUD-2
& 3-99 & FP- 7 & 8-99 final development plan and final plat approval for Merrill
Subdivision Nos. 1 & 2 (formerly Rocky Mountain Business Park) with the following
staff recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. (RE: SS#3) - Provide a written statement, to be recorded, from the easterly property
owner (The Farnworths) generally stating that they, as well as any future owners of the
property. hereby waive their right to oppose any use permitted within the City's C-2
zoning designation which may be proposed within the Rocky Mountain Business Park
PUD.
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Note: The letter provided has not been recorded and does not state the underlined
wording above.
2. (RE: SS#II) - Show where the 10-foot wide bicycle/pedestrian pathway and landscaping
along Highway 44 abutting Lot 1 Block 3 of Merrill Sub #1 will be located. Ifit is to be
in the abandoned Riverside Drive right-of-way provide a letter from ACHD approving
the 10-foot wide minimum pathway and landscape area otherwise provide an easement
for the pathway and landscaping.
3. (RE: SS#12) - Revise the pathway/landscape easement to be an average of 35 feet wide
with no area being less than 20-feet in width.
4. (RE: SS#13) - Provide a minimum 10-foot wide pathway easement between Lot 3 and 4
Block 3 of Merrill Sub #1, between Lot 11 and 12 of Block 3 of Merrill Sub #2, and
extending from E. Iron Eagle Drive to the Highway 44 pathway easement between Lot 7
and 8 and 6 and 9 of Block 3 of Merrill Sub #2.
5. (RE: SS#15, 16 &17) - Provide lighting plan prior to the City Engineer signing the final
plat.
6. (RE: SS#20) - Written acknowledgement from ACHD (regarding the extension of
Stierman Way or Palmetto Avenue connecting to Highway 44 in alignment with the
planned public street to the south) shall be provided showing how right-of-way
dedication will allow for the extension.
7. (RE: SS#25) - Provide a license agreement, approved by ITD and/or ACHD, allowing the
right-of-way between this site and the edge of pavement along State Highway 44 and
State Street to be landscaped.
8. (RE: SS-26) - Provide a letter from Boise Urban Stages showing their recommendation
for bus stops. Redesign the plat to provide for a bus stop at or near the recreation center.
9. The applicant shall submit an application for Design Review, and shall obtain approval
for all required subdivision landscaping and subdivision common area prior to the City
Engineer signing the final plat.
10. Comply with the conditions of the City Engineer.
11. The applicant shall submit payment to the City for all Engineering fees and Arborist
review fees incurred for reviewing this project, prior to the City Clerk signing the final
plat.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on April 29, 1999.
B. In accordance Eagle City Code Section 8-6-6-3 B the Commission finds that the facts
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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. Any proposed commercial development can be justified at the locations proposed
since design review applications will be required to ensure that adequate buffers will
be provided and since single family residences are not proposed within the PUD;
5. Exceptions from standard district requirements are not proposed;
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 commercial areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan since the Plan calls
for Mixed Use in this area; and
8. The existing and proposed utility services are adequate for the population densities
and nonresidential uses proposed as noted by the agencies which will serve the
development.
DATED this 24th day of May, 1999.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
County, Idaho
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ATTEST: