Findings - PZ - 2000 - FPUD-3-00 & FP-5-00 - Final Development Plan/Fp For Pacific Heights/5.6 Acre/47 Lot
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR PACIFIC HEIGHTS PUD SUBDIVISION FOR)
EAGLE HEIGHTS DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-3-00 & FP-S-OO
The above-entitled final development plan and final plat applications came before the Eagle
Planning and Zoning Commission for their recommendation on October 16, 2000. 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:
Eagle Heights Development, Inc., represented by Ted Martinez and Joe Harris, is requesting
final development plan and final plat approval for Pacific Heights Subdivision, a 5.6-acre,
47-lot (42-buildable) senior housing residential planned unit development located on the
south side of E. State Street approximately l~-mile west of Edgewood Lane.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on September 15,2000.
C. HISTORY:
The City Council approved the PUD for Pacific Heights Subdivision on May 9,2000. The
Findings of Fact and Conclusions of Law for the conditional use permit, final plat and final
development plan are attached.
D. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated May 9,2000 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
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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;
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 IN 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 third phase of the 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.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on October 16, 2000.
The Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Cadwell absent) to recommend approval of FPUD-3-00 &
FP-5-00 final development plan and final plat approval for Pacific Heights Subdivision
with the following staff recommended site specific conditions of approval with
underlined text to be added by the Commission.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the October 5,2000, letter from the City
Engineer.
2. Comply with all applicable conditions of PPUD-I-00/PP-I-00/CU-I-00.
3. Comply with the conditions of DR-30-00.
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. Provide a copy of the Subdivision's CC&R's showing the installation and
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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.
6. Provide a copy of the CC&R's which establishes a mechanism for the repair and
maintenance of the private streets, including provisions for the funding thereof. The
CC&R's shall be reviewed and approved by the City Engineer and the City Attorney
prior to City approval of the final plat.
7. Provide a copy of the Subdivision's CC&R's showing that the entire PUD will remain
under the control of one Homeowners Association. The CC&R' s shall be reviewed
and approved by the City Engineer prior to the City Clerk signing the final plat.
8. 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.
9. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site
Data" section "H" within the City Council's Findings of Fact and Conclusions of Law
document with the following exceptions:
All lots bordering common Lot 13 shall have a 20-foot setback to the front of the
house (living area) and a 25-foot setback to the front of the garage. Setbacks shall be
measured from back of curb.
All lots bordering common Lot 11 shall have a IS-foot setback to the front of the
house (living area) and a 20-foot setback to the front of the garage. Setbacks shall be
measured from back of curb.
10. The applicant shall comply in all respects with Eagle City Code Section 9-4-1-9 (C).
11. The applicant shall provide a COPy of the subdivision CC&R's indicating how the
development will be limited to senior housing only (as proposed by the applicant).
The CC&R's shall be reviewed and approved by the City Attorney prior to the City
Clerk signing the final plat.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on September 15, 2000.
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;
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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 for senior housing as proposed by the applicant,
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 proposed utility services are adequate for the population densities as
noted by the agencies which will serve the development.
DATED this 20th day of November 2000.
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