Findings - CC - 2001 - FPUD-5-01/FP-11-01 - Countryside Estates No 1/42 Lot/21.74 Acres
OR1G\NAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR COUNTRYSIDE ESTATES PUD SUBDIVISION
NO.1 FOR CAPITAL DEVELOPMENT AND TOM RICKS
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-5-01 & FP-ll-Ol
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 22, 2001. 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:
Capital Development and Tom Ricks, represented by Richard Cook with Briggs Engineering, are
requesting final development plan and final plat approval for Countryside Estates Subdivision
No.1, a 42-lot (31-buildable) residential subdivision. This 21.74-acre phase of Countryside
Estates Subdivision is located near the northwest comer of Ballantyne Road and State Highway 44
(State Street).
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 22, 2001.
C. mSTORY:
The City Council approved the POD 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 attached.
D. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated February 13,2001, are incorporated herein by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission shall fmd 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 POD;
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 POD and the
adopted policy of the Council;
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6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
7. The POD 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.
F. 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 B and 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.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval with the site specific conditions of approval and the standard
conditions of approval provided within the staff report.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on May 1, 2001. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 2 to 1 (Bloom against, Cadwell and Nordstrom abstained) to recommend
approval of FPOD-5-0I & FP-II-Ol for a final development plan and final plat approval for
Countryside Estates Subdivision No.1 with the staff recommended site specific conditions of
approval and the standard conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated May 14,2001.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 22, 2001. The Council made their decision
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Sedlacek abstained) to approve FPOD-5-0 1 & FP-II-O 1 for a final
development plan and final plat for Countryside Estates Subdivision No.1 with the following
Planning and Zoning Commission recommended site specific conditions of approval and standard
conditions of approval with text shown with strike-thru to be deleted by the Council and underline
text to be added by the Council.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the April 27, 2001 letter from the City Engineer.
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2. Comply with all applicable conditions of CU-4-00/PPOD-3-00/PP-3-00.
3. Comply with the conditions ofDR-2-01.
4. Construct a sidewalk on the south side of W. Holly Mountain Drive as shown on the
preliminary plat submitted on November 20, 2000, and approved by the Eagle City Council on
November 28, 2000.
5. Revise note #2 on the plat to read as follows: "Building setbacks and dimensional standards in
this subdivision shall be in compliance with the applicable zoning regulations of the City of
Eagle and as approved by CU-4-00/PPOD-3-00."
6. 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.
7. Provide a completed copy of the Subdivision's CC&R' s showing the installation and
maintenance requirements for the proposed street trees. The CC&R' s shall be reviewed and
approved by the City Engineer prior to the City Clerk signing the final plat.
8. Revise Article IV of the CC&R's to exclude all references to "Eagle City Public Works" as no
such agency exists. And, eliminate all references to "Eagle City Solar Access Code" as no
such code exists. The CC&R's shall be reviewed by the City Engineer and City Attorney prior
to the City Clerk signing the final plat.
9. Revise Article II, Section 10, third paragraph of the CC&R' s to reference Ballantyne Road and
State Highway 44 instead of Eagle Road and Chinden Blvd. The CC&R's shall be reviewed
and approved by the City Engineer prior to the City Clerk signing the final plat.
10. Revise Article II, Section 15 of the CC&R's to address the required special setbacks as set
forth in Section H and site specific requirements (listed below) of Eagle City Council's
Findings of Fact and Conclusions of Law for CU-4-00/POD-3-00/PP-3-00.
Special Setbacks proposed for one-acre lots within the development:
Front
Rear
Interior Side
Street Side
30-feet
30-feet
IS-feet
30-feet
Special Setbacks proposed for all remaining lots within the development:
Front
Rear
Interior Side
Street Side
30-feet
20-feet
7.5-feet
20-feet
Side yard setbacks for 2-story structures shall be IO-feet minimum.
11. Revise Article II, Section 17 of the CC&R' s to change the easement width to six (6) feet on
either side of the lot lines.
12. Revise Article II, Section 32 of the CC&R' s to reflect the name of the association charged
with maintaining the common areas.
13. Subdivision signage, sign lighting, and sign landscaping shall be reviewed and approved by
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the Design Review Board prior to the City Clerk signing the final plat.
14. 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."
15. The applicant shall install a minimum of two 4' x 4' plywood or other hard surface signs
(mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3-feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
Signs shall be placed at all entrances to the subdivision.
CONDITION RELATING TO OVERALL DEVELOPMENT:
16. In-lieu of sidewalks. the applicant shall be allowed to construct concrete ribbon curbs
(includim! a 4-foot wide striped path as part of the roadway) and grassy swales along the edge
of asphalt along the north side of W. Holly Mountain Drive and on the east and west sides of
N. White Sage Way. Street trees as required in site specific condition #2 within the City
Council Findings of Fact and Conclusions of Law for Countryside Estates POD are required as
part of the streetscape for the above mentioned roadway. The trees shall be spaced as noted in
condition #2 above and shall be located at the top of the grassy swale on the side located
closest to the homes.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on March 22,2001.
B. In accordance with Eagle City Code Section 8-6-6-3 B the Council finds that the facts submitted with
the application and presented to the Council, with the conditions herein, establish that:
1. The development will 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, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance has been provided that such objective will be attained and the uses
within the site 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 will not generate traffic in such amounts as to overload the
street network outside the POD 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 POD 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 this development since no intensive uses, that might impact the
planned residential areas surrounding the development, are proposed;
7. The POD 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 Use
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designations 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 will be limited to what would have been otherwise allowed within a
split zoning for the site (R-I and R-2 zones). Therefore, the City can be assured that any
development will be limited beyond what may have been allowed within a split zoning for the
site (R-I and R-2 zones); and
8. The existing and required utility services are adequate for the population densities as noted by
the agencies which will serve the development.
DATED this 5th day of June 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Cou ty, Idaho
ATTEST:
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Sharon Moore, Eagle City Clerk
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