Findings - PZ - 2001 - FPUD-1-01 & FP-1-01 - Request Final Develop Plan/Fp/Two Rivers 2/51-Lot/31.20 Acre
ORIGiNAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR TWO RIVERS PUD SUBDIVISION
PHASE NO.2 FOR T. R. COMPANY, LLc.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-I-Ol & FP-I-Ol
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The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on March 5, 2001. 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:
T. R. Company LLC, represented by Dan Torfin, is requesting final development plan and final plat
approval for Two Rivers No.2 Subdivision, a 51-lot (39-buildable) residential subdivision. This
31.20-acre phase of Quarter Circle Ranch PUD is located on the west side of Eagle Road
approximately 1600- feet south of State Highway 44.
B. HISTORY:
The City Council approved the PUD for Quarter Circle Ranch Subdivision on April 27, 1999. The
Findings of Fact and Conclusions of Law for the rezone, conditional use permit, preliminary plat and
preliminary development plan are attached.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated April 27, 1999, 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:
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 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
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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:
The Planning staff has reviewed the final development plan and final plat. It is staffs opinion
that this second 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 and that the phase two final plat will be in substantial compliance with the preliminary plat
with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on March 5, 2001. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Bloom, Cadwell absent) to recommend approval ofFPUD-I-Ol&
FP-I-Ol for a final development plan and final plat approval for Two Rivers Subdivision No.2
with the following staff recommended site specific conditions of approval provided below.
STAFF RECOMMENDATION REGARDING PHASE TWO:
Staff recommends approval of the final plat with the following conditions::
1. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions ofRZ-10-98/CU-9-98/PPUD-2-98/PP-8-98.
3. Comply with the conditions ofDR-SO-99.
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 fmal plat.
S. 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. The lots within Phase 2 are approved as "Luxury Lots" and shall have the setbacks noted in
the Quarter Circle Ranch PUD findings for "Estate and Luxury Lots".
7. Provide a note on the final plat which states that commercial and agricultural traffic will be
using the public streets within this development for access to and from Eagle Road to parcels
not within the development, prior to the City Engineer signing the final plat.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on January 30, 2001.
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
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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 because of
the conditions placed on this development;
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, 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 19th day of March, 2001.
PLANNING AND ZONING COMMISSION
OF THE CITY 0 EAGLE
Co . 111
ATTEST:
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