Findings - PZ - 2007 - FPUD-03-06 & FP-10-06(No 1) & FPUD-4-06 & FP-11-06(No.2) - Eaglefield Estates Phase 1/39.3 Acre/135-Lot/Phase 2, 61.8 Acre/130-Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR EAGLEFIELD ESTATES )
SUBDIVISION PHASE NO.1 AND NO.2)
FOR PETER HARRIS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-03-06 & FP-I0-06 (No.1) & FPUD-4-06 & FP-ll-06 (No.2)
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on January 22, 2007. 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:
Eaglefield, LLC, represented by John Carpenter, PE with Landmark Engineering and Planning, Inc., is
requesting final development plan and final plat approval for Eaglefield Estates Phase I, a 39.3-acre,
135-lot (116-buildable, 19-common) residential subdivision and Eaglefield Estates Phase 2, a 61.8-acre,
130-lot (112-buildable, 17-commom, I-well lot) residential subdivision. The entire Eaglefield Estates
Subdivision is located on the north side of State Highway 44 approximately 650-feet west of Linder
Road.
B. HISTORY:
The City Council approved the PUD and Preliminary Plat for Eaglefield Estates Planned Unit
Development (A-4-04/RZ- I 7-04/CU-I 0-04/PPUD-3-04/PP-9-04N AC-2-04) on February 14, 2006.
C. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 14, 2006, 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;
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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 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:
I. 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 has reviewed the final development plans and final plats for
Eaglefield Estates Phase I and Phase 2. Theses phases differ from the original preliminary
development plan due to a request from ADHD to exchange the ROW from V AC-2-04 for the new
ROW for Escalante Street, N. Golden Crown Way and W. During Drive, prior to the signing of the
final plats. ACHD has submitted a letter detailing the process and stating it is at their request this
modification is taking place. The final development plans and final plats show that there have been
no significant changes to the preliminary development plan and preliminary plat.
It appears that plat note #14 on Phase I does not adequately address the requirement for Lots 1,2,3,
4,6, 7, 8 & 9, Block 6, and Lots 19,20,21,22,24,25,26 & 27 to include easements provided to
accommodate common drives as required by the PUD site specific condition of approval #6, noted
within the City Council Findings of Fact and Conclusions of Law document dated February 14,
2006. The applicant should be required to provide a revised Phase I final plat that shows specific
shared driveway easements on each of the aforementioned lots. The revised final plat shall be
reviewed and approved by staff prior to the City Clerk signing the final plat.
The common area open space and associated improvements provided within Eaglefield Estates
Subdivision No.2 are the essential open space components of the entire Eaglefield Estates Planned
Unit Development. These open space improvements should be constructed (or a surety provided)
prior to the City Clerk signing the final plat for Eaglefield Estates Subdivision No. I.
It is staff's opinion that the final development plan can meet the Findings of Fact required in Eagle
City Code Section 8-6-6-3 Band C (as noted for Phase I and" herein) with the conditions
recommended herein and that the final plats will be in substantial requirements with the preliminary
plat with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on January 22, 2007. 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 FPUD-3-06/FP-1 0-06 & FPUD-4-06/FP-
11-06 for a final development plan and final plat for Eaglefield Estates Subdivision Phases I & 2
with the following staff recommended site specific conditions of approval with underlined text to be
added by the Commission and text shown with strike through to be deleted by the Commission.
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SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions of the City Engineer noted with their letter dated December 28,
2006.
2. Comply with all applicable conditions of A-4-04/RZ-17/04/CU-I 0-04/PP-9-04N AC-2-04.
3. Comply with the conditions ofDR-66-06.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
5. Subdivision signage, sign lighting, and sign landscaping shall be reviewed and approved by the
Design Review Board prior to the City Clerk signing the final plat.
6. Commencement of construction of the subdivision infrastructure shall not begin until DEQ
aeeerts the City EHgiHeer QLPE eertifieatieH of the water system or lIHtil DEQ E1ireetly
approves the water system and well house for construction.
7. Provide an approval letter for construction of sewer improvements from Eagle Sewer District,
prior to the City Clerk signing the final plat.
8. The applicant shall provide a license agreement from ACHD approving the landscaping and
entry structure located within the public rights-of way-abutting and within this site, prior to the
City Clerk signing the final plat.
9. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
September 9,2005.
10. Provided a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the
recorded final plats, and an 8 1/2" x II" recorded copy of the final plats of the Eaglefield
Estates Subdivision I & 2, prior to the issuance of any building permits.
I I. The submittal of the building permit application to the City for each home within the
development shall be accompanied by an approval letter from the Architectural Control
Committee. Building permit applications that do not have an approval letter attached will not
be accepted.
12. To assure compliance with the PUD conditions of approval herein, the City reserves the right to
deny, at its discretion, any building permit applications that does not meet the architectural
requirements (as noted in the applicant's justification letter item "Z" and as required in site
specific condition of approval # 12 of the PPUD) of the PUD.
13. All accessory structures located on the site shall be removed from the site prior to the issuance
of any building permits for the site. Demolition permits shall be obtained prior to the removal
of said structures.
14. The following setbacks and lot coverage requirements shall apply:
Dimensional Standards by Product Type (see Exhibit "A" of the Development Agreement for RZ-17-04 for
product location map)
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The Cedars-R-4 Zone (single family detached)
Size (sq ft)* frontage front setback rear setback side in side out Width
6,000,6,500 & 7,000 35 20** 20 7.5 & 5 20 50
* All lots between 6, 000 and 6,99 sq ft shall have shared/common drives. All lots less than 6,000 sq ft
shall be alley loaded. See Exhibit 0 for lot access requirements.
**See Site Specific Condition #14
Size frontage front setback rear setback side in side out Width
8,000 35 20 25 7.5&5 20 70
The Vintage -R-3 Zone (single family detached)
Size frontage front setback rear setback side in side out Width
10,000 35 30 25 7.5&5 20 70
The Fairway -R-2 Zone (single family detached)
Size frontage front setback rear setback side in side out Width
per plan 11,000 + 35 30 30 10& 5 20 75
per plan 10,999- 35 30 25 7.5 &5 20 75
15. The following setbacks shall apply in the "Cedars" (see Exhibit "C", included herein, of the
development agreement for product location):
15-foot front yard setback:
Lots 2, 4, 6, & 8, Block 3
Lots 4,6,8, 10, 14, 16, 18, & 20, Block 4
Lots 3,5, 7, & 9, Block 6
15 ft. front setback & lOft. street side setback:
Lot 10, Block 3
Lots I I & 12, Block 4
Lot II, Block 6
16. Lot access in the "Cedars" area shall be regulated by Exhibit "0", herein, of the development
agreement. Either a new plat note or easements as referenced under Plat Note # 14 should be
included on the following lots:
Block 6, Lots I & 2,
Block 6, Lots 3 & 4,
Block 6, Lots 6 & 7,
Block 6, Lots 8 & 9,
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Block 6, Lots 19 & 20,
Block 6, Lots 2 I & 22,
Block 6, Lots 24 & 25,
Block 6, Lots 26 & 27
The applicant shall be required to provide a revised Phase I final plat that shows specific shared
driveway easements on each of the aforementioned lots. The revised final plat shall be reviewed
and approved by staff prior to the City Clerk signing the final plat.
17. Provide the City of Eagle a recorded copy of an ingress/egress and utility easement for the
connection of Pelston Street to Linder Road to the west of the site. The existing access to State
Highway 44 shall be abandoned and the new access constructed prior to the City Clerk singing
the final plat for phase one.
18. ,\11 eommeH area improvemeHts The clubhouse and pool within Eaglefield Estates Subdivision
No.2 as specified on the approved landscape plan (DR-66-06) shall be completed or a surety
shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat
for Eaglefield Estates I or 2.
19. Provide the City of Eagle a recorded copy of an ingress/egress easement for the off site portion
of the cross-access/alley easement west of Lots 2-10, Block 3 prior to the City Clerk signing the
final plat for phase one.
20. 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".
21. The applicant shall install at the entrances to Eaglefield Estates Subdivision 4 'x 4' plywood or
other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a
minimum on-feet above the ground) noticing the contractors to clean up daily, no loud music,
and no dogs off leash.
22. All fencing within the development shall be open fencing constructed of wrought iron or similar
material approved by the Eagle Design Review Board (DR-66-06).
23. Provide an approval letter for the requirements of all drainage district and irrigation districts
prior to the City Clerk signing the final plat.
24. The applicant shall take care to locate and protect from damage existing utilities, pipelines and
similar structures. Documentation indicating that "Digline" has performed an inspection of the
site shall be submitted prior to the issuance of any building permits for the site.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on August 2,2006. Revised plans were
received by the City on January 19,2007.
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:
I. The first phase of 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 ofthe 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 can 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
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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 PUD;
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; and
8. The existing and required utility services are adequate for the population densities as noted by
the agencies that will serve the development.
DA TED this 5th day of February 2007.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
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