Findings - CC - 2001 - FPUD-4-01 - Final Develop Plan For 3 Phase Mupd/33 Acres
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION
FOR A FINAL DEVELOPMENT PLAN
FOR CAMILLE BECKMAN PUD PHASE 1
FOR FOAD AND SUSAN ROGHANI
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-01
The above-entitled final development plan application 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:
Camille Beckman, represented by Chris Korte with Land Dynamics, is requesting final development
plan approval for phase one of a three phase mixed use planned development. This phase will include
a manufacturing, production, packaging, and office facility and related site improvements. The 33-
acre site is located on the south side of State Highway 44 and east of the intersection with Park Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on March 14,2001.
C. HISTORY:
The City Council approved the POD for the Camille Beckman preliminary development plan on April
10, 2001.
D. PRELIMINARY POD/PLAT FINDINGS:
Council Findings and Conclusions dated April 10, 2001 are incorporated herein by reference.
E. 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 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;
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 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. 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.
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 5 to 0 to recommend approval of FPOD-4-0 1 for final development plan
approval for Camille Beckman Phase One with the recommended site specific conditions of
approval and 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
recommendation at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPOD-4-0 1 for final development plan approval for Camille
Beckman Phase One with the following Planning and Zoning Commission recommended site
specific conditions of approval and standard conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the April 26, 2001 letter from the City Engineer. (Note:
The items listed on the City Engineer's letter shall be submitted and reviewed by the City
Engineer prior to the issuance of any building permits rather than signature on the final plat
since a plat is not required to be filed for this project in its current form.)
2. Comply with all applicable conditions of CU-2I-00/PPOD-8-00.
3. Comply with the conditions ofDR-I-O1.
4. Provide an approval letter from ITD regarding the proposed design of the driveway access to
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State Highway 44 prior to issuance of any building permits.
50 Provide a recorded 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 No Park Lane to
be landscaped, prior to the issuance of a certificate of occupancy.
6. All pathways and meandering sidewalks as shown for phase one shall be installed prior to the
issuance of a certificate of occupancy.
7. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the issuance of any building permits.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on March 14,2001.
B. In accordance with 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 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 will be provided that such objective will be attained and the uses 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 the uses for the site 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. The commercial development can be justified at this location because the site is zoned for the
uses and will be guided through completion with a development agreement outlining the
conditions of proper and desired development;
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 uniqueness of the site provides an inviting attraction
which will increase business and the arts within the community;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with this development since it is designed to incorporate residential
uses in addition to the commercial uses, and therefore transition into the planned residential
areas surrounding the development;
7. The PUD is in conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for this proposal as noted by the
agencies which will serve the development.
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DATED this 5th day of June 2001.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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