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Findings - PZ - 1998 - RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 - Rz From A To R2p/R4p With Da/Cup/Ppud/Pp BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A REZONE WITH DEVELOPMENT AGREEMENT, ) CONDITIONAL USE PERMIT, PLANNED UNIT) DEVELOPMENT PRELIMINARY DEVELOPMENT) PLAN, AND PRELIMINARY PLAT FOR ) BROOKWOOD PLANNED UNIT DEVELOPMENT) FOR HORMAECHEA L TD ) ORfGINAL FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER RZ-8-97 /CU-6-97 /PPUD-1-97 /PP-2-97 The above-entitled rezone with development agreement, conditional use permit, planned unit development preliminary development plan, and preliminary plat applications came before the Eagle Planning and Zoning Commission for their recommendation on August 17, 1998. The public hearing was closed at that time, and 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: Hormaechea L TD, represented by Mike Hormaechea, is requesting a rezone from A (Agricultural) to R-2-P (Residential two units per acre maximum - PUD) and R-4-P (Residential four units per acre maximum - PUD) with a development agreement, and conditional use, planned unit development preliminary development plan, and preliminary plat approvals for Brookwood Planned Community. The development consists of a 219.2-acre, 457-lot (411-buildable) residential subdivision. The site is located at the northeast comer of Floating Feather Road and Eagle Road, approximately one mile north of State Street. B. APPLICATION SUBMITTAL: The applications for this item were received by the City of Eagle on September 4, 1997, and were modified on July 2, 1998. 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 July 31, 1998. 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 July 31, 1998. Requests for agencies' reviews were transmitted on July 3, 1998 in accordance with the requirements of the Eagle City Code. D. HISTORY OF PREVIOUS ACTIONS: The City staff previously reviewed this site as the PUD called "Stonewater". The applicant is now requesting City approval of a redesigned PUD (now called "Brookwood") for this site. E. COMPANION APPLICATIONS: None Page 1 of24 \\EagJe 1 \voll \SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS: COMP PLAN ZONING LAND USE DESIGNATION DESIGNATION Existing Residential (2-units per acre A (Agricultural) Vacant land max. and 4-units per acre max.) - see Compo Plan for details Proposed No Change R-2 & R-4 (Residential) Brookwood PUD housing development North of site Residential (I-unit per 2- Ada County Residential (RI) Residences and vacant land acres maximum) South of site Residential (4-units per acre A (Agricultural) & R-4 Residences and vacant land maximum) (Residential) East of site Residential (4-units per acre R-2-P, R-3 & R-4 (Residential) Residences and vacant land maximum) West of site Residential (I-unit per 2- Ada County Residential (R T) & Residences and vacant land acres maximum) & (2-units (Rl) per acre maximum) G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA or CEDA. H. SITE DATA: Total Acreage of Site - 219.2-acres Total Number of Lots - 457 Residential - 411 Commercial - 0 Industrial - 0 Common - 46 Total Number of Units - 411 Single-family - 411 Duplex - Multi-family - 0 NOTE: Some of the above proposed single family units may be duplexes, town houses or condominium units within residential dwelling development areas shown on the attached plan as "F", "G" and "H": Total Acreage of Any Out-Parcels - 0 Page 2 of 24 \\Eagle 1 \voll \SHARED\P&Z\Eagle ApplicationslSUBSl1998\Brookwood pzf.doc Additional Proposed Required Site Data Dwelling 1.88 Less than 2.8 Units Per (83-acres of 4-dwelling units per acre Gross Acre maximum and 136 acres of 2-d welling units per acre maximum) Minimum Proposed within the R2-zoned area: 17,000 sq. ft. (minimum) in a R-2 zone Lot Size Type A: 19,750 s.f. minimum Type A-I: 12,000 s.f. minimum Type B: 10,000 s.f. minimum Type E: 8,000 s.f. minimum 8000 sq. ft. (minimum) in a R-4 zone Proposed within the R4-zoned area: Type B: 9,000 s.f. minimum Type C: 11,000 s.f. minimum Type D: 8,000 s.f. minimum Type F,G,H lot sizes are proposed to be determined with the final development plan Minimum Proposed within the R2-zoned area: 75-feet in an R-2 zone Lot Width Type A, A-I: 75-feet Type B, E: 70-feet Proposed within the R4-zoned area: 70-feet in an R-4 zone Type B,C,D: 70-feet Type F,G,H lot widths are proposed to be determined with the final development plan Minimum 35-feet 35-feet Street Frontage Total 58-acres (including floodway area which is 36.3-acres (minimum) Acreage of proposed to be improved for common area) 21.9-acres for 10% minimum plus 14.4- Common acres for lots smaller than the minimum - Lots per ECC Section 8-2-4 (G) Percent of 26% 17% (minimum - see above) Site as Common Area Page 3 of24 \\Eagle! \vol! \SHARED\P&Z\Eagle Applications\SUBSI1998\Brookwood pzf.doc I. 0 Setbacks proposed within the R-2-P zoned area: . Type A and A-I estate lot setbacks Front 30' (30-feet required for non-PUD sub) Rear 30' (30-feet required for non-PUD sub) Interior Side 10' (IO-feet required for non-PUD sub) Additional Interior Side Setback for multi-story structures - 5' per story (5-feet required for non-PUD sub) 20' (20-feet required for non-PUD sub) Street Side . Type B Luxury lot setbacks Front 25' (30-feet required for non-PUD sub) Rear 25' (30-feet required for non-PUD sub) Interior Side 7.5' (IO-feet required for non-PUD sub) Additional Interior Side Setback for multi-story structures - 2.5' per story (5-feet required for non-PUD sub) 20' (20-feet required for non-PUD sub) Street Side . Type E Streamside lot setbacks Front 20' (30-feet required for non-PUD sub) Rear 25' (30-feet required for non-PUD sub) Interior Side 7.5'(lO-feet required for non-PUD sub) Additional Interior Side Setback for multi-story structures - 0' per story (5-feet required for non-PUD sub) 20' (20-feet required for non-PUD sub) Street Side 0 Setback within the R-4-P zoned area: . Type Band C lot setbacks Front 20' (20-feet required for non-PUD sub) Rear 25' (25-feet required for non-PUD sub) Interior Side 7.5'(7.5-feet required for non-PUD sub) Additional Interior Side Setback for multi-story structures - 2.5' per story (5-feet required for non-PUD sub) 20'(20-feet required for non-PUD sub) Street Side . Type D lot setbacks Front 20' (20-feet required for non-PUD sub) Rear 25' (25-feet required for non-PUD sub) Interior Side 7.5'(7.5-feet required for non-PUD sub) Additional Interior Side Setback for multi-story structures - 0' per story (5-feet required for non-PUD sub) 20' (20-feet required for non-PUD sub) Street Side . Type F, G, and H setbacks to be determined at subsequent final development plan submittal. GENERAL SITE DESIGN FEATURES: Open Space, Greenbelt Areas and Landscape Screening: Will provide a total of 26% of common area. (I 7% required - see site data above) A variety of recreational amenities will be available to the residents of the Brookwood Planned Community. An extensive series of detached sidewalks, pedestrian!bicycle paths and trails are designed to move recreationalists through or around the development with minimal interaction with motorists. At the heart of the open space system will be a 2,000 sq. ft. recreation Page 4 of 24 \\Eagle I \vol! \SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc center/clubhouse that will include such features as a conference meeting room, swimming pool, and a tot lot playground area. Approximately 58-acres of open space are scattered throughout the project in the form of two homeowner association-maintained park areas, complimented with lakes, streams and native landscaping. Open spaces will include a combination of trails, pathways, parks, multi-purpose fields and natural settings. Several of the open space lots contain water amenities which serve multiple purposes: Create a source of fill for lots and roads to raise them from floodplain areas, serve as integral amenity features, and provide for surface drainage and irrigation source. In addition, the project will provide the very first section of the Dry Creek Greenbelt as identified in the Eagle Comprehensive Plan. Roughly a 3/4 mile section of the Regional Trail will be constructed for public use along the northerly boundary of the site, adjacent to the proposed floodway swale which is expected to increase the capacity of Dry Creek and add a safety buffer to homes in the floodplain. Storm Drainage and Flood Control: Street drainage plans have been submitted by the applicant as required by the Subdivision Ordinance. Specific drainage system plans are to be submitted to the City Engineer for review and approval prior to the City Engineer signing the fmal plat. The plans are to show how swales, or drain piping, will be developed in the drainage easements. Also, the CC&R's are to contain clauses to be reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded that all runoff runs either over the curb, or to the 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) - no Preservation of Existing Natural Features: Dry Creek itself is a natural feature that provides habitat for a variety of wildlife and the bluff is a natural feature to be protected per the City's Hillside Development regulations. The applicant states that, "Dry Creek and the established groves of trees on the hillside facing Dry Creek will be protected through design and designated "conservation zones." Specific attention is proposed to be given to the City's pathway plan desire for a regional trail along Dry Creek and to ensure that existing habitat is not affected. 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: Public with one private street (homes shown on the attached plan as "F", "G" and "H" may be proposed with private streets when final development plans are submitted for those areas). Cul-de-Sac Design, Sidewalks and Curbs and Gutters: See ACHD staff report and site specific recommendations herein. The City recently required tree Page 5 of 24 IIEagle! Ivoll ISHARED\P&ZlEagle ApplicationsISUBS\!998\Brookwood pzf.doc lined streets, with a five foot planter strip between the sidewalk and curb, for the subdivision to the west (Feather Nest Estates). Lighting: Lighting for the proposed public streets is required. Location and lighting specifications shall be provided to the City Zoning Administrator prior to the City Engineer signing the final plat. Street Names: Street name approval by the Ada County Street Names Committee has not been received to date. Approval from that committee is required prior to final plat approval. K. ON AND OFF-SITE PEDESTRIANIBICYCLE CIRCULA TION: See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above. L. PUBLIC USES PROPOSED: Dry Creek regional trail M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists N. SPECIAL ON-SITE FEATURES: Areas of Critical Environmental Concern - This area is designated a Hazard Area and Special Area in the Comprehensive Plan Evidence of Erosion - no Fish Habitat - no Floodplain - yes Mature Trees - yes Riparian Vegetation - yes Steep Slopes - yes Stream/Creek: yes Unique Animal Life - unknown Unique Plant Life - unknown Unstable Soils - unknown Wildlife Habitat - yes O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED): (EAP plan submitted with the application) P. AGENCY RESPONSES: The following agencies have responded and their correspondence is attached to the staff report: City Engineer: All comments within the engineer's letter dated August 11, 1998 are of special concern (see attached). Responses to the City Engineer's letter include a letter from RMH Company dated August 12, 1998 and a letter from Kunz Engineering dated August 13, 1998 (letters attached). Ada County Highway District August 5, 1998, letter from Mark Butler to ACHD September 23, 1997, letter from Paul Kunz to ACHD Central District Health Division of Environmental Quality Drainage District No.2 Eagle Fire Department Page 6 of24 IIEagle I \vol! ISHARED\P&Z\Eagle AppIicationslSUBSI !998\Brookwood pzf.doc EM2 Eagle Sewer District Farmers Union Ditch Company Meridian School District Q. LETTERS FROM THE PUBLIC: The following citizens have responded regardin the Brookwood PUD and their correspondence is attached (two letters). M.H. Kaspar Rona and Diane Lipton? R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE: The applicant states that, "The Brookwood Subdivision is proposed to be developed in up to thirteen phases of 20-55 lots per phase with an estimated final build-out of 8-1 0 years. Phase I construction is anticipated to begin during the winter of 1998-99, with completion of improvements and lot sales beginning by Spring of 1999. Improvements in Phase I will include the clubhouse and recreation center, roadway and utility infrastructure and associated open space amenities." S. EAGLE CITY CODE FINDINGS FOR A REZONE, CONDITIONAL USE PERMIT, PLANNED UNIT DEVELOPMENT PRELIMINARY DEVELOPMENT PLAN AND PRELIMINARY PLAT: 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. 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 Page 7 of24 \\Eagle I \voll ISHARED\P&Z\Eagle Applications\SUBSI I 9981Brookwood pzf.doc 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 cased of large - scale PUDs (incorporatingfifty (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. 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 10% of the gross land area to be directed to uses other than residential (ie; 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. Page 8 of24 \\Eaglel\voIIISHARED\P&Z\Eagle ApplicationsISUBS\1998\Brookwood pzf.doc STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: COMMENTS ON SPECIFIC POLICIES AND GOALS FROM THE EAGLE COMPREHENSIVE PLAN 0 . Hazard Areas . #2: Whenever possible the existing natural floodplain of the Boise River and Dry Creek should remain in a natural state as a greenbelt, wildlife habitat, agricultural, open space and recreation- nature areas. #3: Special drainage studies, for those areas within the 100 year floodplain, and any other areas deemed necessary by the City, may be required before any development will be approved.. Comment: The Brookwood Master Plan provides a linear open space and conservation easement system as a floodway buffer, and as the location for the regional pathway. The applicant's consultant team has proposed design solutions for location of streets and dwellings in the fringe area of the floodplain. 0 Parks. Recreation. and Oven Spaces . #3: To set aside for perpetual public enjoyment an adequate amount of open space such as natural river frontage, greenbelt-river trail, creeks, drainage ways, buffers, floodplains, wooded areas and viewpoints. #4: Developers shall be encouraged to dedicate and develop areas for parks or tot lots in new residential developments. . Comment: The planning of Brook wood took into consideration the City's objective for open space and trail systems, and the need for parks and tot lots located throughout the project to serve the recreation needs of all residents. 0 Special Areas or Sites . #4: To preserve existing trees and natural growth wherever practical and establish appropriate landscaping as a part of new developments. Comment: Dry Creek and the established groves of trees on the hillside facing Dry Creek will be protected through design and designated "conservation zones." The applicant states that specific attention will be given to the City's pathway plan desire for a regional trail along Dry Creek and to ensure that existing habitat is not affected. 0 . Transvortation . #5: To require that new developments provide for pedestrian, equestrian and bicycle circulation in accordance with adopted local and regional pathway plans. # 18: To establish and require minimum setbacks between development and roadways and to encourage installation of berms and landscapingfor all developments to enhance safety and to enrich the roadway and community appearance. Comment: Brookwood provides an extensive internal, off-street system of pathways and trails for pedestrians and bicyclists--and proposes to implement the regional trail envisioned in the Comprehensive Plan. Community appearance and land-use buffering is proposed for aesthetics, noise abatement and safety, especially along the external roadway system. 0 Housinz Page 9 of 24 \\EagIe Ilvoll\SHARED\P&Z\Eagle ApplicationsISUBS\1998\Brookwood pzf.doc . #1: A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouragedfor all income groups in a variety of locations suitable for residential development. #2: The location of all housing shall be coordinated with provisions for adequate public facilities and services. #3: Development of housing for all income groups close to employment and shopping centers shall be encouraged . . Comment: The Brookwood Master Plan proposes a range of housing types, densities and lifestyle choices from one-acre plus estate home sites nearest to Dry Creek, to the "cottage" and clustered "patio" homes built on individual lots from 3,000 to 4,000 s.f. These higher density areas of the project, located nearest to the Floating Feather Road entries, offer a convenient location for empty-nesters and young professionals wanting a smaller home close to city-center services and project amenities. 0 Community DesÌJzn . #1: To establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle... #4: The jloodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, open space recreational area and for agricultural uses. . Comment: The Dry Creek floodway will be preserved as an open-space corridor in a combination of common area with the regional trail, and private lot conservation easements. A swale is proposed for the floodway. Brookwood proposes to "bridge" the close-in community center residential character on the bench overlooking Dry Creek to the estate acreages north of Dry Creek with decreasing densities and larger lots with open space buffers. 0 Land Use . Low Density Residential Suitable primarily for single family residential development within areas that are rural in character, possess significant physical characteristics, are environmentally sensitive and are within the Urban Services Area. Appropriate residential densities are 2 dwelling units or fewer per gross acre. . Medium Density Residential Suitable primarily for single family residential development within an urbanized setting. Appropriate residential densities are 4 dwelling units or fewer per gross acre. . #1: To preserve the rural transitional identity. #3: To establish land use patterns and zoning district's that do not exhaust available services... #4: To promote compatibility between zoning districts. #11: To identifY ... the Dry Creekjloodplain ... as Special Areas... #12: ... Special Areas shall be given considerationfor a Planned Unit Development (PUD) zoning classification. #20: To provide for a broad spectrum of housing types... #21: To establish categories of residential land use based upon a range of possible residential densities. Residential density within a land use category may vary within the prescribed range from project to project... #22: To encourage clustering and density transfer techniques to provide for recreational opportunities and for the preservation and acquisition of open space as part of Planned Unit Developments (PUD). ... When a PUD includes more than one land use and/or zoning designation, the boundary line between the designations may be moved within the PUD if approved by the City Council and if the total number of acres in each land use, or zoning designation remains substantially the same within the PUD. . . . . . . . Page 10 of24 \\Eaglel\voll\SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc Comment: Brookwood proposes to preserve Eagle's rural character by transitioning to the "very low density" estates north and west of Dry Creek, while at the same time providing medium density life-style choices. AIl with an overaIl density of less than 2 dwellings per acre. The land use map designations set the maximum limit of 695 units for a PUD for this site. The applicant is proposing 411 units. Special Areas--the Dry Creek floodway and wooded transition to the bench--are proposed to be preserved and protected. B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 8-2-4 (G): A decrease of minimum lot size in a subdivision may be allowed if there is an offsetting increase of the same percentage in open space and a planned unit development is applied for and approved. . ECC Section 8-7-3-3 CONDITIONAL USES "PUBLIC SITES AND OPEN SPACES" Public sites and open spaces shaIl conform to the foIlowing: B. Natural Features: Existing natural features which add value to residential development and enhance the attractiveness of the community (such as trees, water courses, historic spots and similar irreplaceable assets) shaIl be preserved in the design of the development. C. Special Developments: In the case of planned unit developments and large-scale developments, the Council may require sufficient park or open space facilities of acceptable size, location and site characteristics that may be suitable for the proposed development. . 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. ControIling the sequence and timing of development; 3. ControIling 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 generaIly required in this Title. . 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 foIlowing: A. A maximum choice ofliving environments by aIlowing 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. Page 11 of24 \\Eagle I \voll \SHARED\P&Z\Eagle Applications\SUBSI1998\Brookwood pzf.doc c. D. . ECC Section 8-6-5-2: COMMON OPEN SPACE: A. Required Common Open Space: A minimum often percent (10%) of the gross land area developed in any residential PUD project shall be reserved for common open space and recreational facilities for the residents or users of the area being developed. D. Clustering: Every property developed under the PUD approach should be designed to abut upon common open space or similar areas. A clustering of dwellings is encouraged. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING THIS PROPOSAL: . ECC Section 9-5-3-3 (C). Storage Areas: Storage areas shall be provided for the anticipated needs of boats, campers and trailers. For typical residential development, one adequate space shall be provided for every two (2) living units. This may be reduced by the City Council if there is a showing that the needs of a particular development are less. DISCUSSION: . The Comprehensive Plan's land use map designations set the maximum density limit at 695 units for a PUD for this site. The applicant is proposing 41 I units which is 284 units (40%) less than 695 units. . Eagle City Code Section 8-6-6-3, requires all final development plans to be reviewed by the Planning and Zoning Commission as well as the City Council. This is partly to allow for additional City review for flexibility needed for long range and large PUDs. . The proposed variation in lot sizes and setbacks will be to provide a wide range of housing choices in accordance with the comprehensive plan; to preserve Special Areas and to provide significant open space in parks and pathway systems; and to transition from the smaller dwellings along Floating Feather to the estate residential area along Dry Creek. . Regarding Eagle City Code findings for a conditional use permit, planned unit development preliminary development plan, and preliminary plat - As a part of the application submittal for this project, and in accordance with application submittal requirement #14, the applicant has provided a 11 page document, dated June 1998. The document outlines how the applicant intends to guarantee that this project will meet the Eagle City Code required findings for a conditional use permit, planned unit development preliminary development plan, and preliminary plat. Staff has reviewed the document and believes that the findings have been well addressed. . Staff will provide detailed discussion regarding this proposed development during the oral presentation at the Planning and Zoning Commission and City Council meetings. STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT: Staff recommends approval of the rezone with the attached development agreement and approval of the conditional use permit, preliminary development plan and preliminary Plat with site specific conditions of approval and the standard conditions of approval provided within the staff report. PUBLIC HEARING OF THE COMMISSION: A. A public hearing on the application was held before the Planning and Zoning Commission on August 17, 1998. Testimony was taken, the public hearing was closed and the Commission made their recommendation at that time. B. Oral testimony in opposition to the application was presented by twelve individuals before the Planning and Zoning Commission. The concerns addressed were related the Dry Creek Ditch, floods, density, building in the Page 12 of24 IIEagle I \voll \SHAREDlP&Z\Eagle Applications\SUBS\ I 998\Brookwood pzf.doc floodplain, inadequate flood measurements, mosquitoes and safety regarding the planned ponds, impacts to neighboring water wells, site drainage, the need for large shade trees instead of small fruit trees, the need for a comprehensive flood study, liability of the City when flood waters come, impacts to wildlife, lighting, impact on the roads, sewer system and schools, Dry Creek bridge is not adequate to handle the flood water, setting a high density precedent for other developments, and impact to the rural integrity of Eagle. C. Oral testimony in favor of the application was presented by three individuals before the Planning and Zoning Commission. Favorable comments were related to the low number of units, the location and variety of unit types, a good and well thought out overall concept, and floodplain issues should be left to engineers and other knowledgeable individuals. NOTE: Items B and C above take into account those individuals who were in favor of some components () d'-. of the proposal and against others. LI.,..oO ~,.o .J..J..t~ , J . \"7'1 fI ~(, COMMISSION DECISION: f \/ It" The Commission voted 5 to 0 to recommend approval of RZ-8-97/CU-6-97/PPUD-I-97/P~ (BROOK WOOD PLANNED UNIT DEVELOPMENT) with the following staff recommended site specific and 0 standard conditions of approval with text shown with strike-thru to be deleted by the Commission and text A¡-\O shown with underline to be added by the Commission. (Note: The Commission heard testimony on all four applications at one time but took separate action on each application.) SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The rezone shall be approved with the conditions noted in the attached Development Agreement, with Un;;- undeFf';t:uu; ing th:1t Item #7 W"t0f-St::lvlceablhty stIll net::d" addititJRal iRp,]t from the City rQUReil. 2. Comply with all site specific recommendations provided within the City's Engineering firm's (Holladay Engineering) letter dated August 11, 1998. except that recommendation #11 shall be deleted and replaced with ~ &¡o,eaili" C'onditieft "'5a hclefn. ~ tv () rI VTVt'1> c.o.,c, ~ I"N ~ ~ 3. The roadway construction details required by the City Engineer, for the roadway cutting through the bluff (conditions #1 and #2 in the Engineer's letter), shall also be reviewed by the Design Review Board. The Board shall assure that any impact to the aesthetic integrity of the bluff is mitigated with appropriate landscaping, and that any proposed retention methods are approved for aesthetic compatibility with the existing bluff and other design elements proposed within the PUD. 4. All roadways shall be constructed so the center line of the road is a minimum of 6- inches above the Base Flood Elevation. 5. All development within area of the Property which is within the 100 year floodplain shall; a. use c mpens st, rage methods . cl in e a tio fo controlle overflo il a om Cr ch smal fre uenc events; and b. haY. fmished floor level of all buildings which are at least two (2) feet above the Federal Emergency nagement Association Base Flood Elevation (BFE). 6. Open area ~~:a~~reenbelt areas, non-residential parking lots, etc., within the 100 year floodplain, shall be designed and operated so that they may flood and provide storage capacity for waters during I DO-year flood events. Le':ees or berms shall Rot be used fer fleed eoRke!. Page 13 of 24 \\Eaglel \vol! \SHARED\P&Z\Eagle ApplicationsISUBS\1998\Brookwood pzfdoc 7. A Flood Plain Development Permit application shall be submitted to and approved by the City prior to commencing any work within the 100-year flood plain 8. Comply with ACHD "Special Recommendations to the City of Eagle" noted in the ACHD report dated August 5, 1998. The pedestrian bridge shall be a minimum of 10-feet wide. A letter of credit or certificate of deposit shall be provided to the City to insure installation of the bridge. 9. Comply with the requirements within the EM Squared letter dated August 5, 1998, prior to City approval of any final development plans. 10. If a well is required by the City, provide a common lot, easement, or similar ability for access to the new municipal well. Location to be reviewed and approved by the City prior to City approval of any final development plans. 11. Comply with all the requirements of the Farmers Union Ditch Company. Provide an approval letter from the Ditch Company prior to the City Engineer signing the final plat. 12. All public and private street sidewalks shall be separated from the curb to allow landscape strips and trees to be planted between the sidewalks and the street. 13. The developer shall provide 3-inch minimum caliper shade-class trees (to be reviewed and approved by the Design Review Board) along both sides of Old Barn Road, Old Barn Drive, Brookwood Drive, Thunder Bird A venue, Shady Park A venue and Dalesford Court. Trees shall be a maximum of 80-feet apart and shall be located between the sidewalk and the curb. 14. Other than as required in site specific condition #13, all other public and private streets shall be provided with 3-inch minimum caliper shade-class trees placed along both sides of the streets at each lot comer with the distance between trees to be not to more than 80-feet or less than 35-feet. The trees shall be located in a landscape strip between the sidewalk and the curb. To assure the installation of the trees and landscaping required within this condition provide the City with a copy of the subdivision's CC&R's (to be reviewed and approved by the Design Review Board) showing requirements for: a. Types of trees and landscaping to be installed within the landscape strip; b. Trees to be installed prior to issuance of occupancy permits for the homes; C. An automatic irrigation system to be installed by the homeowners prior to issuance of occupancy permits for the homes; and d. Requirements for homeowner maintenance of trees, other landscaping, and automatic irrigation system within the landscape strip. 15. Any private streets will be required to comply with the private street ordinance of the City of Eagle. 16. Provide an easement for the pedestrianlbicycle pathway running along Old Barn Road/Drive from Eagle Road to the required pedestrian bridge crossing Dry Creek and construct the pathway as a 10-foot wide asphalt path. 17. Provide an easement for the pathway along Dry Creek and construct the pathway as a 10-foot wide gravel path. The path shall be shifted as far away from the portions of the property that abut Rooster Drive (south side of Dry Creek) as possible. 18. Provide a pathway connection between the required pathway in Feather Nest Subdivision (south of Brookwood's Lot 1 and 2 Block 14) and the meandering trail/pathway system in Brookwood. 19. Other than the Dry Creek pathway and sidewalks along the streets, meandering pathway/trails within the Page 14 of24 \\EagleI\voll\SHARED\P&Z\Eagle Applications\SUBS\ I 998\Brookwood pzf.doc subdivision shall be shall be 6-foot wide minimum asphalt or concrete. 20. 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". 21. Final development plans shall be reviewed as "New Business" items and not as "Public Hearing" items unless the City determines that any difference between the preliminary development plan and final development plan needs additional public comment because of possible impacts to surrounding property owners, to this development, or to the community, or inconsistency with the conditions herein. If the City determines that a public hearing shall be held on the final development plan, notice shall be provided for (as was required for the preliminary development plan). ~ , 22. The number of units shall be permitted to be decreased from ~roposed ifthe applicant chooses to do so. 23. The total surface area of the water amenities shown on the documents provided with this application shall not be decreased unless the decrease is approved by the City Council. The City Council may permit a maximum decrease of up to 10% of the total surface area of the water amenities as long as the decreased area is added to common area. 24. The street and pathway configuration shall remain substantially as shown on Preliminary Development Plan submitted to the City with this application. 25. Cul-de-sac lengths exceeding 500-feet are approved with this application if approved by the Eagle Fire Department. 26. The open space area, excluding the hillside conservation easement, shall not be permitted to be decreased from the 58-acres proposed. The 58-acres includes the floodway area which is proposed to be improved for common area but excludes the floodway conservation area proposed to be within the boundaries of proposed residential lots. 27. The club house/recreation center/pool area shall be completed prior to one year after ACHD accepts the public street providing access to the center. 28. The floodway area shall be improved as proposed. 29. Useable park amenities such as, picnic tables, gazebos, swing sets, basket ball courts, ball fields and/or similar amenities shall be provided within the open space areas. Landscape plans showing open space amenities shall be reviewed and approved by the Design Review Board. 30. Minimum building setbacks, lot sizes and lot widths shall be as stated within the "Site Date" section "H" within the City Council's Findings of Fact and Conclusions of Law with the following condition: The additional 5- foot setback required for two story structures shall be waived for the front, back and street sides of all units within the subdivision and the additional 5-foot setback required from interior lot lines shall not be permitted to be decreased. 31. Additional specific criteria for higher density clustered residential dwelling development areas shown as "F", "G" and "H" on the submitted plans: a. 38 dwelling units shall be permitted in Block 6 ("F" - patio homes). b. 33 dwelling units shall be permitted in Block 22 ("F" - patio homes). c. 33 dwelling units shall be permitted in Block 21 ("G" - cottage homes). Page 15 of24 \\Eagle! \voll\SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc d. 41 dwelling units shall be permitted in Block 18 ("H" - cottage homes). e. Upon review of final development plans the City may encourage that dwelling units be designed with front porches with decreased front setbacks to provide a neo-traditionallook. f. If decreased setbacks are approved garage doors will still be required to be a minimum of I8-feet from the garage side of any sidewalk to allow sufficient room for a car to park in front of the garage without blocking the sidewalk. g. Upon review of final development plans the City may encourage that dwelling units be designed with side entry garages. h. Upon review of final development plans the City shall consider approval of zero lot line development, town houses, condominiums and duplexes. 1. Attached dwelling units (i.e.: duplex/townhouse units) shall be designed so that garage doors do not dominate the fronts of the dwellings. J. Common walls between attached units shall be insulated to mitigate transfer of noise between the units. The insulation method shall be reviewed and approved by the City Building Official prior to approval of the final development plan. ~ \.f~~_... ~ ",-"'.. :.::~.. ... '- iiïj: !U Ø~ ~ ~{ ..... - - ,- &r/ 32. Provide a report by a certified arborist regarding the value and quality ofthe trees on Lots 74, 75, 76, Block 18 and Lots 68, Block 2. Depending on the results of the report the City may require all or part of these trees to be preserved. If the trees need to be preserved the lots might be better Htilizeå as eemæÐn area may need to be redesigned. 33. The comer sign (Eagle Road/Floating Feather Road) and entry signage shall be constructed and landscaped generally as shown on the colored exhibits presented with this application. 34. Subdivision signage, common area, recreation center, street trees, existing trees, pathways, buffer areas, perimeter fencing, and etc. shall be reviewed and approved by the Design Review Board prior to approval of final development plan. 35. The entire Brookwood development shall remain under the control of one Homeowners Association. 36. Storage areas shall be prøviàed f{)f the aHtieipateà needs ef boats, eampers and trailers. For typieal residential deyeløpæent, one aàeEJl:1ate spaee shall be proyiàeà for every two (2) living Hnits. Upen review of a final deyeløpment plan this may be reàHeeà by the City CeHneil if there is a sHo,....ing that tHe neeàs ef a partieHlar deyele 3ment are less. 37. A maintenance building shall be provided of such size and in such location as is suitable for the service needs that are necessary for the repair and maintenance of all common areas unless an outside maintenance service company is used. Building shall be reviewed an approved by the Design Review Board. 38. If the applicant does not purchase the property at 470 E. Floating Feather Road then appropriate fencing shall be re uired to revent encroachment resultin from the develo ment of this site. STANDARD CONDITIONS OF APPROVAL: 1. The applicant shall comply with all requirements of the Ada County Highway District and/or the Idaho Transportation Department, including but not limited to approval of the drainage system, curbs, gutters, streets and sidewalks. 2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on the plat prior to the City Engineer signing the final plat. Page 16 of24 \\Eagle I \voll \SHARED\P&Z\Eagle Applications\SUBSl1998lBrookwood pzf.doc 4. 3. Complete water and sewer system construction plans shall be reviewed and approved by the City Engineer. Required improvements shall include, but not be limited to, extending all utilities to the platted property. The developer may submit a letter in lieu of plans explaining why plans may not be necessary. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (I.c. Title 50, Chapter 13 and I.c. 39-118). 5. Written approval of all well water for any shared or commercial well shall be obtained from the Idaho Department of Water Resources prior to the City Engineer signing the final plat. 6. Unless septic tanks are permitted, wet line sewers wilI be required and the applicant will be required to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the project for service, prior to the City Engineer signing the final plat (B.c.C. 9-20-8.4) 7. All homes being constructed with individual septic systems shall have the septic systems placed on the street side of the home. 8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water rights appurtenant to the lands in said subdivision which are within the irrigation entity will be transferred from said lands by the owner thereof; or the subdivider shall provide for underground title or other like satisfactory underground conduit to permit the delivery of water to those landowners within the subdivision who are also within the irrigation entity. See Eagle City Code Section 9-4-1-9(C) which provides overriding and additional specific criteria for pressurized irrigation facilities. Plans showing the delivery system must be approved by a registered professional engineer and shall be approved by the City Engineer prior to the City Engineer signing the final plat. 9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage system and/or accepting said drainage; or submit a letter from a registered professional engineer certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat. A copy of the construction drawing(s) shall be submitted with the letter. 10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the City Engineer signing the final plat. The plans shall show how swales, or drain piping, wilI be developed in the drainage easements. The approved drainage system shall be constructed, or a performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. II. No ditch, pipe or other structure or canal, for irrigation water or irrigation waste water owned by an organized irrigation district, canal company, ditch association, or other irrigation entity, shall be obstructed, routed, covered or changed in any way unless such obstruction, rerouting, covering or changing has first been approved in writing by the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that the flow of water will not be impeded or increased beyond carrying capacity of the downstream ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such written approval and certification shall be filed with the construction drawing and submitted to the City Engineer prior to the City Engineer signing the final plat. Page 17 of24 \\Eaglel\voll\SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc 12. Street light plans shall be submitted and approved as to the location, height and wattage to the City Engineer prior to the City Engineer signing the final plat. All construction shall comply with the City's specifications and standards. The applicant shall delineate on the face of the final plat an easement, acceptable to the City Engineer, for the purpose of instalIing and maintaining street light fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City Engineer signing the final plat. The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to signing of the final plat by the Eagle City Engineer. 13. The applicant shall provide utility easements as required by the public utility providing service, and as may be required by the Eagle City Code, prior to the City Engineer signing the final plat. 14. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City Engineer signing the final plat The letter shall include the following comments and minimum requirements, and any other items of concern as may be determined by the Eagle Fire Department officials: a. The applicant has made arrangements to comply with all requirements of the Fire Department. b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the Eagle Fire Department prior to the City Engineer signing the final plat.. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of3,600 square feet, and 1,500 gallons per minute for non-residential uses (ie; Commercial, Industrial, Schools, etc.). Flow rates shall inspected in accordance with all agencies having jurisdiction, and shall be verified in writing by the Eagle Fire Department prior to issuance of any building permits. The proposed fire protection system shall be reviewed and approved by the Eagle Fire Department prior to issuance of a building permit. c. d. 15. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the Eagle City Attorney which provide for the use, control and mutual maintenance of all common areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. A restrictive covenant must be recorded and a note on the face of the final plat is required, providing for mutual maintenance and access easements. Appropriate papers describing decision-making procedures relating to the maintenance of structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 16. Should the homeowner's association be responsible for the operation and maintenance of the storm drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle City Attorney prior to the City Engineer signing the final plat. 17. The applicant shall submit an application for Design Review, and shall obtain approval for all required landscaping, common area and subdivision signage prior to the City Engineer signing the final plat. 18. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other area designated by the City Councilor Eagle City Pathway/Greenbelt Committee for a path or walkway shall be approved in writing by the Eagle City Pathway/Greenbelt Committee prior to approval of the final plat by the City Council. Page 18 of24 \\Eagle I \voll \SHARED\P&Z\Eagle Applications\SUBSI1998\Brookwood pzf.doc 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 19. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shaH be shown on the final plat prior to approval of the final plat by the City Council. The applicant shaH place a note on the face of the plat which states: "Minimum building setback lines shall be in accordance with the applicable zoning and subdivision regulations at the time of issuance of the building permit or as specifically approved and/or required". The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and river protection regulations (if applicable) prior to the City Engineer signing the final plat. The development shaH comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. The applicant shall obtain written approval of the development relative to the effects of the Boise River Flood Plain (if applicable) from the Corps. of Engineers prior to approval of the final plat by the City Engineer. The applicant shaH obtain approval of the development relative to its effects on wetlands or other natural waterways (if applicable) from the Corps. of Engineers and the Idaho Department of Water Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final plat. Basements in homes in the flood plain are prohibited. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and aH applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shaH be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the City of Eagle. The burden shall be upon the applicant to obtain written confirmation of any change from the City of Eagle. No public board, agency, commission, official or other authority shall proceed with the construction of or authorize the construction of any of the public improvements required by the Eagle City Code Title 9 "Land Subdivisions" until the fmal plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the final plat, the applicant may construct any approved improvements before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of performance in the amount of 150% of the total estimated cost for completing any required improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within one year following City Council approval shall cause this approval to be null and void, unless a time extension is granted by the City Council. 30. Prior to submitting the final plat for recording, the following must provide endorsements or certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City Engineer, and City Clerk. Page 19 of 24 \\Eagle I \voll \SHARED\P&Z\Eagle Applications\SUBSI1998\Brookwood pzf.doc CONCLUSIONS OF LAW: A. The applications for this item were received by the City of Eagle on September 4, 1997, and were modified on July 2, 1998. B. 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 July 31, 1998. Notice ofthis 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 July 31, 1998. Requests for agencies' reviews were transmitted on July 3, 1998 in accordance with the requirements of the Eagle City Code. C. In accordance with Eagle City Code findings for a rezone with development agreement, conditional use permit, planned unit development preliminary development plan, and preliminary plat the Eagle Planning and Zoning Commission makes the following conclusions for RZ-8-97 /CU-6-97 /PPUD-I-97 /PP-2-97 (BROOKWOOD PLANNED UNIT DEVELOPMENT), as proposed with the conditions recommended herein: 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 because; The land plan features large open spaces with extensive landscaping and water amenities, miles of paths and trails, and numerous recreational opportunities. The development works with the natural terrain of the site by preserving and protecting "special areas" and providing enhancements where appropriate. The design minimizes impacts to surrounding property owners, by providing large open space lots adjacent to existing subdivisions or creating lot sizes of comparable sizes and shapes to blend with the surrounding land uses. The project master plan also proposes medium density residential uses along Floating Feather Road similar to Lexington Hills to broaden the lifestyle choices for Eagle residents. That aspect of the plan also acknowledges the project's close proximity to downtown Eagle. Also, based on the estimates noted below, the Brookwood Planned Community will not create an adverse economic impact on the City or other agency or service district. 2. That the development be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character ofthe general vicinity and how such use will not change the essential character of the same area because; Attention was given to providing lots of comparable sizes and shapes to blend with the existing neighborhoods. The overall design works well with the natural terrain of the site, provides a conservation buffer for the Dry Creek Floodway, and preserves the natural area along the bench. The development provides an urban-to-rural transition, recognizing the need to buffer the Rooster Drive estate lots to the north, to be compatible in size and character with Lexington Hills to the east, and to provide other life-style choices close to the established city center and transportation system. The Applicant states that new homes will be subject to homeowners' association architectural and design review, scrutinizing details such as roof pitch, color schemes, porches, roofing materials, landscape, lighting and plantings. Landscaping will consist of native trees, shrubs and flowers. Fencing will reflect the rural nature of the area. Page 20 of 24 \\Eagle) \vol) \SHARED\P&Z\Eagle Applications\SUBS\1998\Brookwood pzf.doc 3. That the development will not be hazardous or disturbing to existing or future neighborhood uses because; Adjacent land uses consist oflow to medium density single-family developments and agricultural operations, none of which will be adversely impacted by approval of this project. The surrounding single- family subdivisions have shown that single-family developments and related activities can co-exist with agricultural land uses and other single family developments. The project plan proposes a range of lot sizes and strategically located open spaces to transition to existing adjacent land uses, and to preserve special areas. 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 because; This development is made up entirely of a range of single-family dwellings and associated recreational facilities. No commercial or industrial land uses are proposed with this planned unit development. Surrounding land uses consist of comparable low to medium density single family developments and are not anticipated to be adversely impacted by Brookwood. No other processes, materials, equipment and/or conditions of operation normally associated with a commercial or industrial operation is associated with this application. 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 because; As noted within correspondence from the agencies having jurisdiction all infrastructure is located at or near the project's perimeter and is available for improvement or extension. The developer states that, "The cost for the extension of the infrastructure such as sewer, water, streets, irrigation, drainage basins and other urban utilities will be financed at the developer's expense." Maintenance of the new improvements and other public services such as police, fire and schools will be provided, in part, by the tax revenue and fees generated by the new development. Negotiations between the applicant and the Meridian School District for provision of a future school site are nearing a conclusion. The site is not within the project, but is anticipated to provide for future district needs within Eagle's Area of Impact. A letter recommending approval has been received from the School District. 6. That the development will not create excessive additional requirements at public cost for public facilities and services because; The developers of this project will be responsible for the on-site cost of the infrastructure such as sewer, water, streets, irrigation, drainage basins and other utilities. Maintenance of the new improvements and other public services such as police, fire, schools and surrounding transportation system will be provided, in part, by the tax revenue and fees generated by the new development. Brookwood adheres to the City's Comprehensive Plan land-use objectives for a transition from the established medium density neighborhoods to the more rural character of the area north of Dry Creek. By maintaining that land-use pattern and by providing a range of quality dwelling options close-in, public services will be more efficiently extended and utilized. See #15 and #16 below for discussion of public costs and tax revenues. 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 because; A variety of recreational amenities will be available to the residents of the Brookwood Planned Page 21 of 24 \\Eagle! \vol! \SHARED\P&Z\Eagle ApplicationsISUBS\1998\Brookwood pzf.doc Community. An extensive series of detached sidewalks, pedestrian/bicycle paths and trails are designed to move recreationalists through or around the development with minimal interaction with motorists. At the heart of the open space system will be a 2,000 sq. ft. recreation center/clubhouse that will include such features as a conference meeting room, swimming pool, and a tot lot playground area. Approximately 58- acres of open space (22-acres more than is required per Eagle City Code) are scattered throughout the project in the form of two Homeowner Association-maintained park areas, complimented with lakes, streams and native landscaping. Open spaces will include a combination of trails, pathways, parks, multi- purpose fields and natural settings. Several of the open space lots contain water amenities which serve multiple purposes: Create a source of fin for lots and roads to raise them from floodplain areas, serve as integral amenity features, and provide for surface drainage and irrigation source. In addition, the project will provide the very first section of the Dry Creek Greenbelt as identified in the Eagle Comprehensive Plan. Roughly a %-mile section of the Regional Trail will be constructed for public use along the northerly boundary of the site, adjacent to the proposed floodway swale which will increase the capacity of Dry Creek and add a safety buffer to homes in the floodplain. 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; One entrance from Eagle Road and two from Floating Feather Road are proposed for principal access, and as the means to disperse traffic from the project to the major roadway network. The three entrances into the subdivision will accommodate the traffic volumes generated by the development. A stub connection to Lexington Hills Subdivision in the northeast comer of the development and two street connections to the proposed Feathemest subdivision to the southeast, will function primarily as an intra-neighborhood connections and for access to nearby elementary schools. They will not produce a significant amount of traffic and will not adversely impact the adjacent developments. For a detailed explanation of the traffic study findings please see Section 5 of the application. Also, see ACHD requirements for this development. 9. That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; An environmental impact assessment has been performed by Karl and Joyce Gebhardt of Resource Systems Inc. and is submitted with this application. Suggestions and recommendations have been taken into consideration in the land planning, engineering and aesthetic design and layout of the site to minimize the loss or damage of natural, scenic or historic features of importance. For a detailed explanation of the findings ofthe environmental impact assessment please see Section 3 of the application. 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 because; Brookwood proposes to achieve City of Eagle Comprehensive Plan land use objectives by transitioning from established medium density residential neighborhoods to the very low density residential areas to the north and west. The parcel is split by the Comprehensive Plan Land Use Map into medium and low density residential areas. The proposed project master plan implements the City's land use goal by a low overall density--less than two units per gross acre--and by clustering nearly two-thirds of the density on the bluffs above Dry Creek and outside of the floodplain. Linear open space, large lots and the floodway setback provide a protective buffer and visual separation from the Rooster Drive acreages. The development adheres to specific Comprehensive Plan objectives by preserving sensitive areas, encouraging urban-type development that is in harmony with Eagle's rural character and avoiding an undue concentration of population and overcrowding. All these features serve to protect surrounding property owners. Page 22 of 24 \\Eagle! \voll\SHARED\P&Z\Eagle Applications\SUBSI1998\Brookwood pzf.doc Also, see staff analysis provided within the staff report regarding compliance with specific objectives 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 because; The application requests included in this development proposal are a zone change request from A - Agricultural to Residential R-2-P and Residential R-4-P, a Conditional Use Permit request for a PUD, a Preliminary Planned Unit Development Application, and a Preliminary Plat Application. The central request is the Preliminary Planned Unit Development Application with a development agreement which is governed by Section 8-6 of the Eagle City Zoning Ordinance. This section establishes a set of development standards which guide major land developments by encouraging a more efficient use of land than is generally achieved through conventional subdivision standards. Through the innovative and efficient use of land, a developer can provide a more useful pattern of open space areas; preserve natural topography, geologic features, scenic vistas and areas of special concern; and prevent the disruption of natural drainage patterns by receiving concessions from standard subdivision requirements. Brookwood proposes modifications in building setbacks and area requirements to allow creation of a development which is in not only in harmony with the goals and objectives of the Eagle Comprehensive Plan, but works with the natural features and constraints of the site in accordance with the objectives of Eagle City Code, Title 8, through the Planned Unit Development process. 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 because; The Brookwood Project Master Plan proposes a variety of lot sizes within the two requested zones, along with a modification of zoning ordinance setback standards for some lot types as detailed herein. The proposed variation in lot sizes and setbacks is essential to creating the character of "community" proposed by the Brookwood Master Plan. The effect will be to provide a wide range of housing choices; to preserve Special Areas and to provide significant open space in parks and pathway systems; and to transition from the smaller dwellings along Floating Feather to the larger estate residential area along Dry Creek. 13. For a request of up to 10% of the gross land area to be directed to uses other than those permitted in the zone: Not applicable in this proposed PUD. 14. 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 because; Correspondence from agencies having jurisdiction indicate that services will be provided. Public services proposed with this development are: central water, central sewer, fire protection, police protection, solid waste collection and the Dry Creek regional pathway system. Parks, open space and recreation amenities are also proposed as noted herein. 15. That an estimate of the public service costs to provide adequate service to the development has been provided by the developer. The developer states, "Utilizing the adopted fiscal 1997-98 City of Eagle budget, and current population and household data obtained from Ada Planning Association, we can estimate per household public service costs. APA's 1998 survey of dwelling units in the Eagle Planning Area is 4,038. The FY1998 budget Page 23 of 24 \\Eagle! \voll \SHARED\P&Z\Eagle ApplicationslSUBS\l998\Brookwood pzf.doc estimates total General Fund and Library Fund expenditures of $2,094,642. We have not included the Water Fund expenditures in this analysis as it receives its funding from established hookup fees. The resulting cost for city funded services is $518.73 per dwelling unit." 16. That an estimate of the tax revenue that will be generated from the development has been provided by the developer. The developer states, "We can estimate the property tax revenue generated from this project by analyzing the average market value of property in Brookwood, and the current Eagle Levy Code as provided by the Ada County Assessor's office. This analysis is based upon the full build-out of the Brookwood planned community. We have generated an average home value by assigning the various product types with comparable home prices as currently in the marketplace, resulting in an average home value if the project builds out at or near market prices. This value is then reduced by a generally accepted homeowner exemption of $50,000 to obtain an average taxable home value for the project. This analysis resulted in an average taxable home value of $174,720. The current levy for property in the Eagle area is .014204695. Of this total levy, .002964 is earmarked for the City of Eagle General Fund, Eagle Fire District and Eagle Sewer District. The resulting tax revenue generated by this project is $2,481.84 in total property tax per dwelling with $517.87 earmarked for Eagle area services." 17. 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 because; Based on the analysis provided in sections 15 and 16 above, the Brookwood planned community will result in adequate tax revenue to finance the budgeted costs for public services. Tax revenue for the City of Eagle General Fund, Eagle Fire District and Eagle Sewer District of $517.87 per dwelling will be applied towards approximately $518.73 in public service costs. This analysis does not include additional sources of funding that may be applied to public expenditures such as licenses and permits, fees and assessments and other intergovernmental revenues. Nor does it address additional property tax revenue that is allocated to the Ada County Highway District or Joint School District #2 (Meridian School District) that provide critical public service to the Eagle area. This development will also contribute to the future capital growth of ACHD, Joint School District #2 and the Municipal Water system via impact fees and/or contributions. DATED this 31st day of August, 1998. PLANNING AND ZONING COMMISSION OF THE CITY OF EAGLE da County, Idaho ".a'IUES'f,. ~~~"'.;. 0 F E~t;':'#<t .ji,,~ ",8"-".". \,.". ".. ~ e,;" ..e 8... '1,.~ ~ lJ. Q ~.!':o,,'o.~;;y \ u-o - t(- : -.- Sit: '. Sharon 'smith, Eagle City Clerk ~ .\':l .c:. 'PAl .d ¡ 0:. Sf:"'../..' "",;:.->1' J: .,. .r:~~ .~. " ,":' ~ v . "'~~.l"r)., ",\",'(,;'.." () .. #~ 1-, "'.. "".'J~"" ""..::. ~,,-"~" """~" ",',. 't9 ",1' ..r~ i""" ftj ~'ø'" II.-.¡ Vx" \- ?-~~~, it~I L4 \\Eaglel\voll\SHARED\P&Z\Eagle Applications\SUBS\ I 998\Brookwood pzfdoc ATTEST: