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Findings - PZ - 2005 - RZ-8-97/CU-6-97/PPUD-1-97 MOD - Rz From R-4 To R4-Da-P/Mod To Cu/Pdp/Brookwood Subd/To Add 1.19 Acre/470 E Ffr ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR A MODIFICATION TO THE REZONE, CONDITIONAL USE PERMIT AND PRELIMINARY DEVELOPMENT PLAN FOR BROOKWOOD PLANNED UNIT DEVELOPMENT FOR ARIES DEVELOPMENT LLC ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-8-97/CU-6-97/PPUD-1-97 MOD The above-entitled rezone, conditional use permit, and preliminary planned unit development plan modification applications came before the Eagle Planning and Zoning Commission for their recommendation on February 28, 2005. The Eagle Planning and Zoning 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: Aries Development LLC, represented by Michael Hormaechea, is requesting a rezone from R-4 (Residential- up to four units per acre) to R-4-DA-P (Residential - up to four units per acre maximum with development agreement - PUD) and a modification to the conditional use and preliminary development plan for Brookwood Subdivision. The modification consists of adding a 1. 19-acre parcel to the previously approved 219-acre PUD to construct an office building. The site is generally located on the north side of Floating Feather Road approximately 1400-feet east of Eagle Road at 470 East Floating Feather Road. B. APPLICA TION SUBMITTAL: The applications for these items were received by the City of Eagle on December 23, 2004. c. NOTICE OF PUBLIC HEARING: Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 31, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 26, 2005. Requests for agencies' reviews were transmitted on December 28, 2005, in accordance with the requirements of the Eagle City Code. D. HISTORY OF RELEVANT PREVIOUS ACTIONS: On March 16, 1999, the Eagle City Council approved a rezone with development agreement, conditional use permit, preliminary development plan, and preliminary plat applications (RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97) for Brookwood PUD. As of this date, the City has approved all subdivision phases for this development. E. COMPANION APPLICATIONS: None Page 1 of 13 K:\Pllliming Dt:ptlEagle ApplicationsISCBSI2004\BrookwooJ PUD MOD pzrJoc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNA TION DESIGNA TION Existing Residential Four (up to R-4 (Residential) Vacant parcel four-units per acre max.) Proposed No Change R-4-DA-P (Residential Inclusion to the PUD with Development Brookwood PUD for an Agreement) Office Building North of site Residential Two (up to R-2-DA-P (Residential Brookwood POD two-units per acre max.) PUD with Development Agreement) South of site Residential Three (up to R-3 (Residential) & R-4 Red Leaf Heights three-units per acre max.) (Residential) (Tuesday Sub.) and Eagle & Residential Four (up to Knolls (October Sub.) four-units per acre max.) Residential Developments East of site Residential Four (up to R-2-DA-P (Residential Brookwood PUD four-units per acre max.) PUD with Development Agreement) West of site Residential Two (up to R-4-DA-P (Residential Brookwood POD two-units per acre max.) PUD with Development Agreement) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: (figures in parenthesis represent the original approval for the Brookwood POD) Total Acreage of Site - 1. 19-acres (219.2-acres) Total Number of Lots - 1 (approved for 433 buildable and common lots) Residential- 0 (387) Commercial - 1 (0) Industrial - 0 Common - 0 (46) Total Number of Units - 0 (387) Single-family - 0 (387) Duplex - 0 Multi-family - 0 Total Acreage of Any Out-Parcels - 0 Page 2 of 13 K:\Plmming DcptlEaglc ApplìcationsISUBSI2004\BrookwooJ PUD MOD pzrJoc Additional Site Data Proposed Required Dwelling Units Per Gross N/A 4-units per acre maximum Acre Minimum Lot Size 1. 19-acres (51,836 sq. ft.) 8,000 sq. ft. (minimum) in R-4 zone Minimum Lot Width 320-feet 75-feet Minimum Street Frontage 320-feet 35-feet Total Acreage of .79-acres (34,436 sq. ft.) . 12-acres (minimum) for commercial Landscaping development Percent of Site as 66% 10% (minimum) for commercial Landscaping development I. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: The Brookwood PUD was required to install a minimum of 47.5 acres of open space. A minimum of 10% of the subject site is required to be dedicated to landscaping, pursuant to Eagle City Code Section 8-2A-7 (B) (2). A pathway has been constructed within the Brookwood POD along the Dry Creek in accordance with the Comprehensive Plan TransportationlPathway Network Map #1 of 2. The site is required to be provided with landscape screening for outdoor storage areas, trash receptacles, exposed equipment, and to provide off-street parking pursuant to Eagle City Code. Storm Drainage and Flood Control: Street drainage plans are required to be submitted by the applicant as required by the Eagle City Code. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the lot is to be so graded that all runoff runs either over the curb, or to a drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. Utility and Drainage Easements, and Underground Utilities: Eagle City Code section 9-3-6 requires utility easements to be not less than 12-feet wide. Fire Hydrants and Water Mains: Hydrants are to be located and installed as required by the Eagle Fire District. On-site Septic System (yes or no) - not allowed Preservation of Existing Natural Features: The Brookwood PUD was required to be constructed in a manner which protected the Dry Creek's natural features and habitat; to date, those requirements have been satisfied. Page 3 of 13 K:\Pllliming DcptlEaglc ApplicationslSUBSI2004\BrookwooJ PUD MOD pzrJoc Preservation of Existing Historical Assets: Staff is not aware of any existing historical assets on the site which would be required to be preserved. If during excavation or development of the site, any historical artifacts are discovered, state law requires immediate notification to the state. J. STREETS: Private or Public Streets: No new streets are proposed with this development, the site will be accessed via Floating Feather Road Sidewalks and Curbs and Gutters: Five-foot (5') wide meandering concrete sidewalks have been constructed with the Brookwood PUD to the west and east of the subject site. The developer will be required to construct a five-foot (5') wide meandering concrete sidewalk along Floating Feather Road abutting the site in alignment with the existing sidewalks. Floating Feather Road is in the Ada County Highway District's Five Year Work Program to be improved to a three-lane roadway with curb, gutter and sidewalk (for those areas not currently improved) in 2009. Lighting: Lighting for the proposed parking area is required. Location and lighting specifications shall be submitted for review and approval by the Design Review Board prior to the issuance of a zoning certificate. Street Names: No new street streets are proposed with this development, access to the site will be via Floating Feather Road. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULATION: A five-foot (5') wide meandering concrete sidewalk is to be constructed along Floating Feather Road abutting the southern boundary of the site. L. PUBLIC USES PROPOSED: None M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists Page 4 of 13 K:\Pllliming DcptlEaglc ApplicatiooslSUBSI2004\BrookwooJ PUD MOD pzrJoc N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - not on the subject site Evidence of Erosion - no Fish Habitat - no Floodplain - not on subject site Mature Trees - not on subject site Riparian Vegetation - no Steep Slopes - yes Stream/Creek - not on subject site Unique Animal Life - no Unique Plant Life - no Unstable Soils - none known to exist Wildlife Habitat - none known to exist O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): An EAP report initially submitted with the Brookwood PUD is on file with the City Engineer. P. AGENCY RESPONSES: The following agencies have responded and their correspondence is incorporated herein by reference: Ada County Highway District Department of Environmental Quality Eagle Fire Department Eagle Sewer District Q. LETTERS FROM THE PUBLIC: Letter from Jill and Kevin Platts, 834 East Knoll Court, Eagle, ill 83616, date stamped by the City on February 7, 2005 Letter from Dale Hetherington, 500 East Knoll Drive, Eagle, ill 83616, date stamped by the City on February 9,2005 Letter from T. Donald and Cheryl Reynolds, 639 East Knoll Court, Eagle, ill 83616, date stamped by the City on February 14,2005 Letter from Heather and Sean Spero, date stamped by the City on February 14,2005 R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: As of this date, all phases of the Brookwood PUD have been approved and/or completed. s. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT: 1. That the proposed PUD is in the public interest, advances the general welfare of the community and neighborhood, and will not be detrimental to the economic welfare of the community. Page 5 of 13 K:\Plllililing DcptlEagle ApplicationslSUBSI2004\BrookwooJ PUD MOD pzt"..Joc 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and how such use will not change the essential character of the same area. 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses. 4. That the development does not involve uses, activities, processes, materials, equipment, and/or conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. That the development will be served adequately by essential public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools. 6. That the development will not create excessive additional requirements at public cost for public facilities and services. 7. That the development is provided with parks, ponds, open areas, areas of special interest, floodplain preservation, and/or other special features which would not typically be provided in a non-PUD proposal. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance. 10. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of the Comprehensive Plan. 11. That the proposed development will be harmonious with and in accordance with the general objectives or with any specific objective of Eagle City Code Title 8. 12. That the benefits, combination of various land uses, and interrelationship with the surrounding area for this proposed development justifies any proposed deviation from any standard district regulations. In case of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units): 13. That public services shall be provided to the development including, but not limited to, fire protection, police protection, central water, central sewer, road construction, parks and open space, recreation, maintenance, schools and solid waste collection. 14. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. 15. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. Page 6 of 13 K:\Pllliming Dt:ptlEaglc ApplicationslSUBSI2004\BrookwooJ PUD MOD pzfJoc 16. That suggested public (or private) means of financing the services for the development if the cost for the public services would not be offset by the tax revenue received from the development has been provided by the developer. For a request of up to /0% of the gross land area to be directed to uses other than residential (i.e.; commercial, industrial, public and quasi public uses that are not allowed in the land use district): 17. That the uses are appropriate with the residential uses. 18. That the uses will serve principally the residents of the PUD. 19. That the uses are planned to be an integral part of the PUD. 20. That the uses located and designed to provide direct access to a collector or arterial street. 21. That the proposed street connections will not create congestion or traffic hazards. In cases where an increase in residential density of up to 15% of the allowable number of dwelling units is requested: 22. LANDSCAPING - For up to 5% That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of existing landscape, pedestrian way treatment, and recreational areas, incorporated into this development, exceed that of a non PUD development. 23. SITING - For up to 5% That the quality of the designs for visual focal points, use of existing features such as topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation pattern, physical environment, variation in building setbacks, and building grouping (such as clustering), incorporated into this development, exceed that of a non PUD development. 24. DESIGN FEATURES - For up to 5% That the quality of the designs for street sections, architectural styles, harmonious use of materials, parking areas broken by landscaping features, and varied use of housing types, incorporated into the development, exceed that of a non PUD development. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Chapter 1 - Overview 1.3 The City of Eagle Vision Statement In 1999, City of Eagle citizens envision their future town as a well-planned community that encourages diversified living and housing opportunities, economic vitality that offers jobs for residents, and places for people to recreate and enjoy Eagle's natural beauty. b. known as a highly livable town that successfully balances many of the rural elements of its heritage with growth; f. an economically strong city that fosters local businesses and clean industry. Page 7 of 13 K:\Plllillling Dt:ptlEaglc ApplicationsISUBSI2004\BrookwooJ PUD MOD pzrJoc Chapter 3 - Population 3.3 Goal To promote a high quality of life and livability in the community. Chapter 5 - Economic Development 5.1 Background The economic development component of the Comprehensive Plan discusses the economics and employment in Eagle. The city encourages appropriate economic development while retaining those attributes that give Eagle its special living and working environment. 5.5 Implementation Strategies f. New commercial development outside of the Central Business District should complement the Central Business District and Eagle's rural residential identity. Chapter 6 - Land Use 6.1 Background and Existing Conditions Managing growth and channeling it into orderly community development is the key element of land use planning. Unplanned growth results in undesirable land use patterns. Areas within the City and within the Impact Area are given land use designations which are depicted on the Comprehensive Plan Land Use Map, hereinafter referred to as the "Land Use Map". The Land Use Map is an integral part of the Comprehensive Plan. It serves as a planning policy document and planning tool that will assist the City in sustaining responsible growth and development to ensure that evolving land use patterns remain consistent with goals, objectives and strategies of the Plan. 6.7 Implementation Strategies b. Establish land use patterns and zoning districts that do not exhaust available services such as sewer, water, police, fire, recreational areas, highways and transportation systems. Chapter 12 - Community Design 12.3 Implementation Strategies g. New residential, commercial, and industrial development shall be required to meet minimum design standards as specified by City Ordinances. Page 8 of 13 K:IPlanning DcptlEaglc Applicat1onslSUBSI2004\BrookwooJ PUD MOD pzfJoc 1. Buffer and transition zones should be developed between conflicting types of land use. q. Maintain the rural residential character and open space environment in and around the City. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . . ECC Section 8-3-3 (D) Side And Rear Yards For Nonresidential Uses Abutting Residential Districts: Nonresidential buildings or uses shall not be located nor conducted closer than forty-feet (40') to any lot line of a residential district; except that the minimum yard requirements may be reduced to fifty percent (50%) of the requirement if acceptable landscaping or screening approved by the council is provided. Such screening shall be a masonry or solid fence between four (4) and eight feet (8') in height, maintained in good condition and free of all advertising or other signs. Landscaping provided in lieu of such wall or fence shall consist of a strip of land not less than twenty feet (20') in width planted with an evergreen hedge or dense planting of evergreen shrubs not less than four feet (4') in height at the time of planting. . ECC Section 8-6-1: Purpose "Planned Unit Developments": It shall be the policy to guide a major development of land and construction by encouraging planned unit development (PUD) to achieve the following: A. A maximum choice of living environments by allowing a variety of housing and building types and permitting an increased density per acre and a reduction in lot dimensions, yards, building setbacks and area requirements; B. A more useful pattern of open space and recreation areas and, if permitted as part of the project, more convenience in the location of accessory commercial uses, industrial uses and services; C. A development pattern which preserves and utilizes natural topography and geologic features, scenic vistas, trees and other vegetation and prevents the disruption of natural drainage patterns; D. A more efficient use of land than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. ECC Section 8-6-4: Uses Permitted: All uses that may be allowed within the land use district are permitted within a PUD. Also, up to ten percent (10%) of the gross land area may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, that there is a favorable finding by the council: A. B. C. D. That the uses are appropriate with the residential uses; That the uses are intended to serve principally the residents of the PUD; That the uses are planned as an integral part of the PUD; That the uses be located and so designed as to provide direct access to a collector or an arterial street without creating congestion or traffic hazards; and That the proposed street connections will not create congestion or traffic hazards. E. Page 9 of 13 K:\Plllillling Dt:ptlEagle ApplìcationslSUBSI2004\BrookwooJ PUD MOD pzfùoc c. D. . ECC Section 8-7-3-5: CONDITIONAL USE PERMIT: D. Conditions Of Permit: Upon the granting of a conditional use permit, conditions may be attached to said permit including, but not limited to, those: 1. Minimizing adverse impact on other development; 2. Controlling the sequence and timing of development; 3. Controlling the duration of development; 4. Assuring that development is maintained properly; 5. Designating the exact location and nature of development; 6. Requiring the provision for on-site or off-site public facilities or services; and 7. Requiring more restrictive standards than those generally required in this Title. SUBDIVISION ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: None DISCUSSION: . The subject property is currently zoned R-4 with a Comprehensive Plan designation of Residential Four (up to four units per acre). The applicant proposes to modify the previously approved Brookwood PUD to add an additional 1.19-acre parcel adjacent to the southern boundary of the subdivision. This land acquisition does not propose to increase the number of dwelling units previously approved for the site but rather to allow the addition of an office as a part of the PUD. The Brookwood subdivision phases (as they are platted) will not be affected since this parcel is not located within the property boundary lines of the development. The subject site is vacant; Floating Feather Road abutting the south side of this site is not improved with curb, gutter or sidewalk. The applicant has submitted a conceptual drawing of the parcel showing one 6,400 square-foot building for light office use. The site is proposed to be accessed through a twenty-two foot (22') wide driveway on Floating Feather Road, located approximately 32-feet west of the eastern property line. . . Eagle City Code Section 8-6-4 states that up to ten percent (10%) of the gross land area of a PUD may be directed to other commercial, industrial, public and quasi-public uses that are not allowed within the land use district; provided, that there is a favorable finding by the council with regard to the below listed criteria. For consideration by the Planning and Zoning Commission and the City Council, staff recommends the following text (italicized) in determining whether the proposed office building should be included as a part of the Brookwood PUD: A. That the uses are appropriate with the residential uses. As conditioned herein, any building approved for the site will be required to incorporate architectural features that are residential in appearance to avoid detraction from the overall character of the area. The site is proposed to be developed with the majority of the site (66%) being landscaped, and the parking area to be screened from the view of adjacent dwellings by a minimum lO-foot wide buffer area planted with evergreen plant material. It may be considered that a dwelling with a front yard consisting of a large berm, adjacent to a minor arterial, and lacking direct access to amenities that a residential subdivision may Page 10 of 13 K:\Planning DcptlEaglc ApplicationslSUBSI2004\Brookwooù PUD MOD pzfùoc provide, the parcel is not the ideal location to support a single-family home. However, these attributes (or lack thereof) may be considered ideal for an office development since it has no direct access to a residential subdivision and has frontage on a minor arterial. B. That the uses will serve principally the residents of the PUD. The applicant acknowledges in the justification letter that while the office use does not fuljìll a critical need of the Brookwood PUD, the office will serve residents of Brookwood as well as the surrounding environs. The applicant further states, "... it's the constraints of the site that make an office the most attractive use, while additional residential development, as called for in the comprehensive plan, would actually be a detriment to the surrounding neighborhood". It may be considered that with the location of an office within walking distance of residences, people are able to avoid driving to locations outside of their neighborhood to obtain services, recreation, and employment opportunities. In addition, businesses located in close proximity to residences may lend to a greater sense of community since residents will have the opportunity to visit local business owners rather than leave the area to obtain goods and services. C. That the uses are planned to be an integral part of the PUD. The applicant states, "While the property was not part of the original Brookwood design, we have taken design elements from throughout the community and integrated them into the architecture of the architecture of the building. Utilizing materials and details such as board and batten siding, corbels and extensive stone, the building will compliment the" country craftsman" style that is prominent throughout Brookwood". The premise to be established is whether the site is capable of being a "part" of the Brookwood development. If the site is to have a well designed (residential in character) office complex with park-like landscaping, the character of the area would not be dramatically changed. And, these features would act as a buffer in mitigating any traffic impacts upon existing and future residential development. While these attributes in and of themselves do not create a neighborhood, when incorporated within an appropriately designed infrastructure, they may be considered important to the sense of community that is intended to be fostered through a PUD. D. That the uses located and designed to provide direct access to a collector or arterial street. The site will access Floating Feather Road which is listed as a minor arterial on the Functional Street Classification Map. E. That the proposed street connections will not create congestion or traffic hazards. The Ada County Highway District has approved the location of the driveway accessing the site; the addition of 114 vehicle trips generated by this site will not dramatically affect the Level of Service (currently "C") of Floating Feather Road. ST AFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval of the rezone and the modification to the conditional use permit and preliminary development plan for Brookwood PUD with the site specific conditions of approval and the standard conditions of approval provided within the staff report. Page 11 of 13 K:\Plllillling Dt:ptlEaglc ApplicationslSUBSI2004IBrookwooù PUD MOD pzf.Joc PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the applications was held before the Planning and Zoning Commission on February 28, 2005, at which time testimony was taken and the public hearing was closed. The Commission made their recommendation at that time. B. Oral testimony in opposition to this proposal was presented to the Planning and Zoning Commission by ten (10) individuals who had concerns that the proposed office (commercial) use was not compatible with the surrounding residential uses; that there was a greater potential for vehicle traffic conflicts with children walking on Floating Feather Road, that the applicant may not have the legal right to modify the PUD, and that the development would be a sub-development of the CC&Rs and should not be allowed to encumber the Brookwood Homeowner's Association. C. Oral testimony in favor of this proposal was presented to the Planning and Zoning Commission by two (2) individuals who understood that upon the purchase of their properties no promises were made on how the subject site would be developed and preferred an office like development rather than a residential use wherein the residents would be staring down into the existing resident's yards (due to the elevation difference between the properties; and who requested that hours of operation be limited, parking and trash receptacle areas be screened, lighting to be shielded and that the building be limited to single-story only. D. Oral testimony neither in favor of nor in opposition to this proposal was presented to the Planning and Zoning Commission by one (1) individual who did not feel that the modification of the PUD was appropriate but was not opposed to an office use, provided that the parking was centrally located rather than to one side of the site. E. Written testimony in opposition to this proposal was presented to the Planning and Zoning Commission by one (1) individual who questioned whether the applicant had the legal right to modify the PUD, the potential negative impacts this development would have on the homeowner's association regarding rights and obligations; and concerns that the proposed development was in conflict with the comprehensive plan, is not compatible with surrounding uses, and that there is no demonstrated need for additional office space. COMMISSION DECISION: The Commission voted 5 to 0 to recommend denial of RZ-8-97/CU-6-97/PPUD-1-97 MOD for a rezone and a modification to the conditional use, preliminary development plan, for Brookwood planned unit development. CONCLUSIONS OF LAW: 1. The application for this item was received by the City of Eagle on December 23, 2004. 2. Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was published in accordance for requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on January 31, 2005. Notice of this public hearing was mailed to property owners within three-hundred feet (300-feet) of the subject property in accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on January 26, 2005. Requests for agencies' reviews were transmitted on December 28, 2005, in accordance with the requirements of the Eagle City Code. 3. In accordance with Eagle City Code findings for a rezone, conditional use permit, and preliminary development plan, the Eagle Planning and Zoning Commission makes the following conclusions for Page 12 of 13 K:\Plallltillg DcptlEaglc ApplicationslSUBSI2004\Brookwooù PUD MOD pzf.ùoc the proposed modifications to the Brookwood planned unit development (RZ-8-97/CU-6-97/PPUD-l- 97 MOD): The Commission determined that the proposed office (commercial) use will not be appropriate with residential uses in the area even though the site may be designed with landscaping and other screening methods to mitigate potential noise and glare emanating form the site. Further, because the site is located outside of the Brookwood Subdivision (i.e. no direct connection to the Brookwood PUD) and is being considered for development after the Brookwood PUD has been built out, the site could not have been planned to be an integral part of the original PUD. And finally, the site would not principally serve the residents of the PUD due to the aforementioned disconnection and likely would be more available to capturing the attention of those passing by on the way to other destinations. For these reasons, the Commission recommends denial of the proposed rezone and modification to the Brookwood PUD. DATED this 21st day of March 2005. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE Ada nty, Idaho ATTEST: Page 13 of 13 K:\Plmmillg Dt:ptlEaglc Applicatiol1sISUBSI2004\Brnokwooù PUD MOD pzf.Joc