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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 Page 1 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Pacific Heights fpud pzf.doc 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 Page 2 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Pacific Heights fpud pzf.doc 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; Page 3 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Pacific Heights fpud pzf.doc 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. ~,,:I"Ut"t.~. ':""""1 0 ~ ;:,~ ~.t.'",>, .." ('; ~ " >,' ,~ '.' l <:}~'~ c:,~<> '\, ::: "":>0 ~. " r'\ ..,- :; t,",. '~ ATTEST: ~ . ~ .. .. " ., '" '. .., ,,' .;.,. ~;::, ,;,. ". ,. " " '~;:;,;;~,¡~:,:~" - .,- ,. >, >-,)i' Page 4 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Pacific Heights fpud pzf.doc