Findings - PZ - 2003 - FPUD-9-03 & FP-11-03 - Countrysite Estates No3/27-Lot/11.02 Acre/Ballantyne/44
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR COUNTRYSIDE ESTATES PUD SUBDIVISION
NO.3 FOR COUNTRYSIDE ESTATES LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-9-03 & FP-ll-O3
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on September 8, 2003. 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:
Countryside Estates LLC, represented by Steve Arnold with Briggs Engineering, are requesting final
development plan and final plat approval for Countryside Estates PUD Subdivision No.3, a 27-lot
(22-buildable, 5 common) residential subdivision. This 11.02-acre phase of Countryside Estates PUD
Subdivision is located near the northwest comer of Ballantyne Road and State Highway 44 (State
Street).
B. HISTORY:
The City Council approved the PUD for Countryside Estates PUD Subdivision on February 13,2001.
The Findings of Fact and Conclusions of Law for the annexation, rezone, conditional use permit,
preliminary plat and preliminary development plan are incorporated herein by reference.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated February 13,2001, 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
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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.
STAFF ANALYSIS PROVIDED WITHIN 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 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 in the staff
report and that the fmal development plan and final plat are in substantial compliance with the
preliminary development plan and preliminary plat with the conditions recommended in the staff
report.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on September 8, 2003. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 1 (Bloom against, Glavach absent) to recommend approval of FPUD-
9-03 & FP-II-03 for a final development plan and final plat approval for Countryside Estates PUD
Subdivision No.3 with the following staff recommended site specific conditions of approval with
underline text to be added by the Commission:
1. Comply with all conditions of the City Engineer's letter date stamped by the City on August
29,2003, prior to the City Engineer signing the final plat.
2. Comply with all applicable conditions of CU-4-00/PPUD-3-00/PP-3-00.
3. Comply with the conditions of DR-2-01.
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. Revise Note No.8 on the final plat to include Lot 20, Block 9, as a non-buildable lot to be
owned and maintained by the Countryside Estates Neighborhood Association.
6. Any pathway abutting a backyard shall be constructed prior to the issuance of a building
permit for the abutting lot. For phase No.3, the affected yards include Lots 14-19, and 20-22,
Block 9, and Lot 2, Block 3.
7. The developer shall provide 3-inch minimum caliper shade-class trees (landscape plan to be
reviewed and approved by the Design Review Board) along both sides of all streets within this
development. Trees shall be placed at each lot comer with the distance between trees to be no
more than 80-feet or less than 35-feet. The trees shall be located in a landscape strip between
the sidewalk and the curb. Prior to the City Clerk signing the final plat for each phase, the
applicant shall either install the required trees, landscaping, and irrigation or provide the City
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with a letter of credit for 150% of the cost of the installation of all landscape and irrigation
improvements within the 5 foot wide landscape strip.
8. 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."
9. The applicant shall maintain a 4' x 4' plywood or other hard surface sign (mounted on two 4"x
4" posts with the bottom of the sign being a minimum of 3-feet above the ground) at the
northern entrance into the subdivision noticing the contractors to clean up daily, no loud
music, and no dogs off leash.
10. The applicant shall tile the Ballantyne Ditch located on the southern boundary of the property
(located within Lot 27, Block 9) and along those portions located within the subdivision along
the western boundary of the development. The applicant shall provide a letter from the entity
with jurisdiction over the Ballantyne Ditch and a letter from the City Engineer regarding
approval of construction plans for the tiling of the ditch, 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 August 14,2003.
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 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 because the zoning
designation of R-2-DA-P is in accordance with the Residential One and Residential Two Land
Use designations shown on the Comprehensive Plan Land Use Map since the Land Use Map
divides the site into two different designations; and that with the use of a development
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agreement, the overall density for the site is limited to what would have been otherwise
allowed within a split zoning for the site (R-l and R-2 zones); 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 29th day of September 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
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Steve De ers, Clïairman
ATTEST:
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