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Findings - CC - 1999 - RZ-8-97 & CU-6-97 &PPUD-1-97/PP-2-97 - Rezone W/Da,Cup/Pud/Pdp/Pp For Pud,Brookwood Pud ORIGINAL BEFORE -HiE EAGLY.. ç~~v cOUNCIL 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 ) 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 pœliminary development pI"', and pœliminary plat applications came befme the Eagle City Council fm thei' acrion on September 22, 1998. On that date the Mayor introduced the applications and stated that a site meeting would be held the following Tuesday with Council members meeting at City Hall at 5:30 p.m. and, from City Hall, traveling to the site. The public hearing was opened on September 22, 1998, and was continued to October 13, 1998 at which time the public hearing was closed (with written comment continuing to be accepted by the City until 5:00 p.m. Friday, October 16, 1998). The site meeting was held on September 29, 1998. After the public hearing was closed on October 13, 1998, the Council continued to deliberate on the applications with additional meetings held on October 27,1998, November 10, 1998, November 17,1998, November 24,1998, February 251999 and March 9,1999. The Council took final action on the applications on March 9, 1999. The Council, 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 originally consisted of a 2l9.2-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 substantially modified and resubmitted by the applicant 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 with the 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. Notice of Public Hearing (and site inspection) on the application for the Eagle City Council was Page 1 of 28 H:\P&Z\Eagle Applications\SUBS\ 1998\Brookwood ccf.doc D. publi,hed in ac,",dullce with the ",qullom""'" of 1:\tte 67, Chap'" 65, Idabu Cod: and tho Eagle City ordinances on September 2, 1998. Notice of this pnblic bearing (and ,>Ie m'1>.eMII\ ~a¡ 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 August 31, 1998. HISTORY OF PREVIOUS ACTIONS: . The City staff previously reviewed this site as the PUÐ called "Stonewater". The applicant is now requesting City approval of a redesigned PUD (now called "Brookwood") for this site. . On November 10, 1998, the City Council voted (3 to 2 with Sedlacek and Merrill against and Mayor Yzaguirre breaking the tie vote for a decision in favor) to not apply Eagle City Code Section 9-4-1-10 (H) to development proposed within the floodplain and to apply the City's Title 10 instead (minutes of the November 10, 1998, meeting are provided with the details regarding the decision). Until October 13, 1998, this Council, and apparently previous Councils, were unaware of Section 9-4-1-10 (H) and had not applied it to previously reviewed subdivisions. The Council believed that, to apply the section after it was brought to their attention would be arbitrary and capricious because it was not applied when decisions were made on previously reviewed subdivisions. Legal briefs on this matter were provided by the City Attorney and the Brookwood Development's attorney and are incorporated into these Findings of Fact by reference. This section of code is also referenced to Title 10 with the following statement in the Code, "See Title 10 of this Code, Flood Control". This code was adopted with the subdivision ordinance which was approved by the City in 1983. Eagle City Code Title 10 "Flood Control" provides development criteria for allowing residential and non-residential development specifically within Section 10-1-8-5 of that title. That title also addresses potential conflicts with other code sections as follows. Section 10-1-3: INTERPRETATION AND APPLICATION OF PROVISIONS: A. Jurisdiction and Interpretation: This Title shall apply to all areas of special flood hazards within the jurisdiction of the City. In the interpretation and application of this Chapter, all provisions shall be: 1. Considered as minimum requirements; 2. Liberally construed in favor of the City; and, 3. Deemed neither to limit nor repeal any other powers granted under provisions of the Idaho Code. B. Conflicting Laws: This Title is not intended to repeal, abrogate or impair any existing easements, covenants or deed restrictions. However, where this Chapter and other ordinance, easement, covenant or deed restrictions conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Title 10 was adopted by the City in 1982. E. COMPANION APPLICATIONS: None Page 2 of 28 H:\P&Z\Eagle APplications\SUBS\1998\Brookwood ccf.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 (l-unit per 2- Ada County Residential (Rl) Residences and vacant land acres maximum) (acreage parcels ranging in size from approximately 2 to 7 acres) 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 (l-unit per 2- Ada County Residential (RT) & 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 - 2l9.2-acres Total Number of Lots - 457 (proposed) Residential- 411 (proposed) Commercial - 0 Industrial- 0 Common - 46 (proposed) 387 approved Total Number of Units - 411 Single-family - 411 (proposed) 387 approved Duplex - 0 at this time Multi-family - 0 at this time 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 3 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.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-dwelling 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 NOTE: 47.5-acres approved as minimum 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 4 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 1. 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-POD sub) Rear 30' (30-feet required for non-PUD sub) Interior Side 10' (lO-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'(1O-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: W ill provide a total of 26% of common area. (17% 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, pedestrianlbicycle 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 recreation center. 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. Page 5 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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 lo~s 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 final 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." The City Council has also placed conditions on this proposal (see development agreement and site specific conditions herein) that are intended to help preserve the natural features relating to the Dry Creek, Dry Creek floodway and Dry Creek floodplain areas. 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 lined streets, with a five foot planter strip between the sidewalk and curb, for the subdivision to the west (Feather Nest Estates). Page 6 of 28 H:\P&Z\Eag1e Applications\SUBS\1998\Brookwood ccf.doc 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 CIRCULATION: See "Open Space, Greenbelt Areas and Landscape Screening" under "I" above. 1. 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 - Dry Creek floodplain is designated a Hazard Area and Special Area in the Comprehensive Plan. The Plan specifies additional development criteria and calls for special consideration relating to any proposed development within the Dry Creek floodplain. 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 (All correspondence is incorporated into these Findings of Fact by reference): City Engineer: All comments within the engineer's letters dated August 11, 1998, and November 11, 1998, are of special concern. 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 October 13, 1998, letter from Rosholt, Robertson & Tucker Central District Health Division of Environmental Quality Drainage District No.2 Eagle Fire Department EM2 Eagle Sewer District Page 7 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc Farmers Union Ditch Company Meridian School District Q. LETTERS FROM THE PUBLIC: Approximately 45 letters, and a petition signed by approximately 70 people, were submitted to the City by citizens opposed to the Brookwood PUD as it was proposed by the applicant. Most of the citizen concerns were related to incompatibility with the adjacent zoning districts to the north, the proposed density being too high (especially as it related to the area proposed for R-2 Zoning) , and floodplain development needing more control. The letters and petition are incorporated into these Findings of Fact by reference. 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 8-10 years. Phase 1 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 1 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 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. Page 8 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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. T. All documentation, presentation boards and other exhibits and all minutes from all meetings which were held on this project are incorporated into these Findings of Fact by reference. STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT: A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: Page 9 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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... . Staff 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. . Staff Comment: The planning of Brookwood 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. Staff 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 landscaping for all developments to enhance safety and to enrich the roadway and community appearance. . Staff 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 Housinft . #1: A wide diversity of housing types and choice between ownership and rental dwelling units shall be encouraged for 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. . . Page 10 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 0 0 Staff 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 sJ. 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. Communitv Desif!n . #1: To establish and maintain a development pattern and design criteria in keeping with the rural transitional identity of Eagle... #4: Thejloodway shall be reserved as a natural state such as a greenbelt, wildlife habitat, open space recreational area and for agricultural uses. . Staff 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. 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 ~ . 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 consideration for 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. . . . . . . . Staff 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. All with an overall 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. Page 11 of 28 H:\P&Z\EagJe Applications\SUBS\1998\Brookwood ccf.doc B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS PROPOSAL: c. . 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 shall conform to the following: 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) shall 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. 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 generallV 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 following: A. A maximum choice of living environments bv allowing a varietv 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 8-6-5-2: 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 Page 12 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc D. that the needs of a particular development are less. STAFF 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 411 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 (the development agreement is incorporated into these Findings of Fact by reference) 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 applications 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. .!h- Oral testimony in opposition to the application was presented by twelve individuals before the Planning and Zoning Commission. The concerns addressed were related to the Dry Creek Ditch, floods, density, building in the 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 Band C above take into account those individuals who were in favor of some components of the proposal and against others. D. All testimony presented at the public hearing is incorporated into these Findings of Fact by reference. Page 13 of28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of RZ-8-97/CU-6-97/PPUD-1-97/PP-2-97 (BROOKWOOD PLANNED UNIT DEVELOPMENT) with the site specific and standard conditions of approval outlined within the Commission's Findings of Fact and Conclusions of Law Document dated August 31, 1998. (Note: The Commission heard testimony on all four applications at one time but took separate action on each application.) PUBLIC HEARING OF THE COUNCIL: A. A public hearing on the applications was held before the Eagle City Council on September 22, 1998, and was continued to October 13, 1998, at which time the public hearing was closed (with written comment continuing to be accepted by the City until 5:00 p.m. Friday, October 16, 1998). A site meeting was held on September 29, 1998. A quorum was not present. The site meeting was video taped and the tape is incorporated into these Findings of Fact by reference. Also, Council members and the Mayor rode in separate vehicles to avoid quorum being present in a vehicle while driving to and from the site. After the public hearing was closed on October 13, 1998, the Council continued to deliberate on the applications with additional meetings held on October 27,1998, November 10,1998, November 17, 1998, November 24,1998, February 25 1999 and March 9, 1999. The Council took final action on the applications on March 9, 1999. B. Oral testimony in opposition to the application was presented by thirty nine individuals before the City Council. The concerns addressed were generally as follows: floodplain and floodway impacts and changes, overall density too high especially in the area planned for R-2 (area adjacent to acreage parcels to the north, along Dry Creek, and mostly in the Dry Creek floodplain), the site is typically covered with water in the winter, there will be excess water with homes and roads going in, how is this water going to be transferred away from the existing properties?, need conditions for floodwater to be handled in a manner not to flood the neighboring properties, lack of compliance with current comp plan (i.e.: Special Area, Hazard Area, and compatible zoning district criteria), the size of the City of Eagle is going to increase 14% with this application, the schools are overcrowded already, a development of this size should have made a contingency for a school site, a display of overheads in regards to density was presented ( two graphic displays are incorporated into these Findings of Fact by reference), pictures of Dry Creek flooding in previous years were shown (pictures are incorporated into these Findings of Fact by reference), we have no business putting subdivisions, or building, in flood plains, concerns regarding flooding on property to west and north, increased traffic on Floating Feather Road, need a fence put around the existing residential property on Floating Feather Road for safety purposes, loss of farm land, traffic funneled through Ranch Estates, impacts to the natural beauty of the area, the proposal is out of character for this area and not in compliance with the Comprehensive Plan's goal for a rural transitional City, the community might not benefit with this development because of stated impacts, need to provide conditions to lower the impact in this Special Area and Hazard Area, don't allow 400 homes to be built on this property, need to represent the collective desires of the Citizens. C. Oral testimony in favor of the application was presented by one individual (not including applicant and their representatives) before the City Council. The individual stated that she was the Director of Development for Lexington Hills and was in favor of the application because she thought the project was great and would be honored to work and live in the project. D. All testimony presented at the public hearing is incorporated into these Findings of Fact by reference. COUNCIL DECISION: The Eagle City Council voted 3 to 1 (with Sedlacek against) to approve RZ-8-97/CU-6-97/PPUD-1-97/PP- 2-97 (BROOKWOOD PLANNED UNIT DEVELOPMENT) with the attached Development Agreement and the conditions stated therein and with the site specific and standard conditions of approval stated herein. NOTES: 1. The Council heard testimony on all four applications at one time but voted on the rezone with Development Agreement first, conditional use permit second, preliminary development plan third, and preliminary plat last. The Development Agreement, with file name of "Brookwood da cc2.doc" noted at bottom of 2. Page 14 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc each page, is incorporated into these Findings of Fact by reference.) SITE SPECIFIC CONDITIONS OF APPROVAL: 1. The rezone shall be approved with the conditions noted in the attached Development Agreement (with file name of "Brookwood da cc2.doc" noted at bottom of each page). 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 the no net loss (Floodplain Grading) condition within the Development Agreement. 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 ofthe 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 have fmished floor level of all buildings which are at least two (2) feet above the Federal Emergency Management Association Base Flood Elevation (BFE). 6. Open areas such as greenbelt 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 100-year flood events. 7. A Flood Plain Development Permit application shall be submitted to and approved by the City prior to commencing any work within the 1O0-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 prior to approval of the final plat phase that abuts the pedestrian bridge 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. Note: The Council instructed the Zoning Administrator to write a letter to the Ada County Highway District with a special recommendation to allow the cul-de-sacs north of Old Barn RoadJDrive to not be required to have sidewalks. In lieu of sidewalks a 6-foot wide striped pedestrian pathway should be provided on one side of the pavement surface and concrete edge should be provided along the pavement edge. 13. The developer shall provide 3-inch minimum caliper shade-class trees (to be reviewed and approved by the Page 15 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc Design Review Board) along both sides of Old Barn Road, Old Barn Drive, Brookwood Drive, Thunder Bird Avenue, Shady Park Avenue 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 (five foot wide minimum) 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 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. 17. 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 traiVpathway system in Brookwood. 18. Other than the Dry Creek pathway and sidewalks along the streets, meandering pathway/trails within the subdivision shall be shall be 6-foot wide minimum asphalt or concrete. 19. 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". 20. 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). 21. The number of units shall be permitted to be decreased from the 387 proposed if the applicant chooses to do so. 22. 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. (See "Note" under Site Specific Condition #38 below.) 23. The street and pathway configuration shall remain substantially as shown on Preliminary Development Plan submitted to the City with this application. 24. Cul-de-sac lengths exceeding 500-feet are approved with this application if approved by the Eagle Fire Department. 25. The open space area, excluding the hillside conservation easement, shall not be permitted to be decreased from the 47.5-acres proposed. The 47.5-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 Page 16 of28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc residential lots. (See "Note" under Site Specific Condition #38 below.) 26. The applicant shall submit design and a construction schedule for the recreation center for City approval. 27. The floodway area shall be improved as proposed. 28. 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. 29. 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. 30. Additional specific criteria for higher density clustered residential dwelling development areas shown as "F", "G" and "H" on the submitted plans: a. 33 dwelling units shall be permitted in Block 6 ("F" - patio homes). b. 30 dwelling units shall be permitted in Block 22 ("F" - patio homes). C. 33 dwelling units shall be permitted in Block 21 ("G" - cottage homes). d. 37 dwelling units shall be permitted in Block l8 ("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 18-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. 32. Provide a report by a certified arborist regarding the value and quality of the 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 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. 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. Page 17 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 37. If the applicant does not purchase the property at 470 E. Floating Feather Road then appropriate fencing shall be required to prevent encroachment resulting from the development of this site. 38. Prior to submittal to phase I provide the City Council with a revised preliminary development plan showing the proposed development within the floodplain in compliance with the conditions within the Development Agreement and herein. Note: The revised plan was submitted to and approved by the Council on March 9, 1999 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. 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. 4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior to the City Engineer signing the final plat (Lc. Title 50, Chapter 13 and Lc. 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 will 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, will 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 Page 18 of28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 15. 16. drainage easement, and that no runoff shall cross any lot line onto another lot except within a drainage easement. 11. 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 (I) 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 fmal plat. 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 installing 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 of 3,600 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. 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. 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 Page 19 of28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 17. 18. 19. 20. Attorney prior to the City Engineer signing the final plat. 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. 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. Conservation, recreation and river access easements (if applicable) shall be approved by the Eagle City Pathway/Greenbelt Committee and shall be shown on the final plat prior to approval of the final plat by the City Council. The applicant shall 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". 21. 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. 22. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City Council consideration of the final plat. 23. 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. 24. The applicant shall 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. 25. Basements in homes in the flood plain are prohibited. 26. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be complied with. All design and construction shall be in accordance with all applicable City of Eagle Codes unless specifically approved by the Commission and/or Council. 27. 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. 28. 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 final plat has received the approval of the City Council (ECC 9-6-5 (A) (2)). After Council approval of the [mal plat, the applicant may construct any approved improvements before the City Engineer signs the [mal 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. 29. In accordance with Eagle City Code, failure to obtain a recorded [mal 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. Page 20 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 30. Prior to submitting the [mal 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. CONCLUSIONS OF LAW: &. The applications for this item were received by the City of on September 4, 1997, and were substantially modified and resubmitted by the applicant on July 2, 1998. J.L. 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. Notice of Public Hearing (and site inspection) on the application for the Eagle City Council was published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City ordinances on September 2, 1998. Notice of this public hearing (and site inspection) 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 August 31, 1998. 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-1-97 /PP-2-97 (BROOKWOOD PLANNED UNIT DEVELOPMENT), as proposed with the conditions herein and within the Development Agreement: 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 Brookwood 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. It will also work well with the "Special Area/Hazard Area" (Floodplain) with the specific conditions placed on the project such as: Floodway Setback - which will require a 50-foot setback from the floodway line which will result in dwelling units being further from the potentially dangerous higher velocity and higher volume water flows and Dry Creek itself; Floodplain Grading - which will allow for flood water storage areas which will aid in limiting the potential risk to people and properties downstream and north of this site by helping to limit the increas of the Base Flood Elevation (BFE); and Roadways and Manholes Within the Floodway - which will help assure that roads are visible during a 1O0-year flood event so people can more efficiently evacuate and/or so emergency service vehicles can more easily access dwellings for life safety needs and will limit the potential for water flooding into the sewer system and overburdening the sewer treatment facility. The design also 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 and will be compatible (with the 50-foot floodway setback and the density limited by the Development Agreement in the area planned for R-2) with the area to the north since that area consists of subdivisions with lots ranging from 2 to 7 acres and the Comprehensive Plan designates that area for one or fewer dwelling units per 2 acres. 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. Page 21 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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, and based on the requirements regarding floodplain development lower insurance rates for homes within the floodplain can be expected which will be in the public interest and will advance the general 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 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 character of the area of the north is currently developed with parcels ranging from 2 to 7 acres in size and its intended character is for it to remain the same since the Comprehensive Plan designates that area for one or fewer dwelling units per two acres. The development will be compatible with the acreage parcels to the north because the applicant has revised the originally submitted map to change the number of lots north of Old Barn Road from 61 to 41 and (across Dry Creek and just south of the larger parcels to the north) and because the City is requiring a 50-foot setback from the floodway line. The development, with the conditions required by the City, provides an urban-to-rural transition, recognizing the need to buffer the 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. Furthermore, 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. 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 with the conditions placed on it. The surrounding single-family subdivisions have shown that single-family developments and related activities can co-exist with agricultural land uses and other appropriately planned 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 and the conditions within the Development Agreement and conditions herein are intended to limit hazards (see Conclusion of Law "C-1 " above). 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 uses, activities, processes, materials, equipment, and/or conditions of operation within 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; Page 22 of28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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 fmanced at the developer's expense." To assure that the water infrastructure required for this subdivision is provided at the developers expense the Development Agreement requires that the developer install a well as needed by this subdivision for potable water. Maintenance of the new improvements and other public services such as police, fIfe 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 with the conditions within the Development Agreement and stipulated herein. 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 Community. An extensive series of detached sidewalks, pedestrian/bicycle paths and trails are designed, and required herein, to move recreationalists through or around the development with minimal interaction with motorists. At the heart of the open space system will be a recreation center. 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 (The Council required a minimum of 47.5 acres of open space - see site specific requirements). 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 flISt 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. This finding requires methods to help preserve the floodplain which are not typically provided in a non- PUD proposal. This is precisely what the "Floodplain" conditions of the Development Agreement will help to achieve (see Conclusion of Law "C-1" above). 8. That the vehicular approaches to the property are designed to not create an interference with traffic on surrounding public thoroughfares because; Page 23 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 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. ~ That the development will not result in the destruction, loss, or damage of a natural, scenic or historic feature of major importance because; In making their decision regarding the conditions with the Development Agreements and conditions herein, suggestions and recommendations regarding 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, was taken into consideration by the City Council. An environmental impact assessment which was performed by Karl and Joyce Gebhardt of Resource Systems Inc.(submitted with this application), oral and written testimony provided from the public, the City Engineer and the City Engineering Firm's Project Manager spoke to the matter, and the City Council also obtained information from FEMA and Boise River 2000 representatives. 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 achieves the 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 and is in accordance with the Comprehensive Plan Land Use Policy and Goal #1, which is to preserve the rural transitional identity, with the conditions stipulated with the Development Agreement and herein. 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--Iess 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 (required as a part of the Development Agreement) provide a protective buffer, visual separation and appropriate transition of densities from the Rooster Drive acreages in accordance with Comprehensive Plan Land Use Policy and Goal #4 which is to promote compatibility between zoning districts. (also see Conclusion of Law "C-I" and "C-3" above). Conditions placed within the Development Agreement and herein are in accordance with pulJ'oses of the Comprehensive Plan in regards to ensuring that the important environmental features of the City are protected and enhanced, because the flooodway setback requirement, and grading limitations placed on the development within the "Special ArealHazard Area" (floodplain) will help protect the "Special ArealHazard Area", and because the design features proposed by the applicant will enhance the "Special AreaIHazard Area"; to encourage urban and urban-type development within the incolJ'orated City limits of Eagle that is in harmonv with the rural character of the area since the larger lots and floodway setback in the area proposed for R-2 zoning will provide a harmonious "rural character" transition (with less density and possibly larger lots) to the properties to the north; to avoid undue concentration of population and overcrowding ofland because of the limitation of 387 units for this site; to ensure that the development of land is commensurate with the physical characteristics of the land. because the flooodway setback requirement, and grading limitations placed on the development within the "Special ArealHazard Area" (floodplain) will help assure the development is commensurate with "Special AreaIHazard Area" characteristics and because the design features proposed by the applicant will enhance and, in the case of the floodway, hillside, and mature tree areas, will preserve such special physical characteristics of the land; and to protect life and vroperty in areas subject to natural hazards and disasters because of the specific conditions placed on the project such as: Floodway Setback - which will require a 50-foot setback from the floodway line will result in dwelling units being further from the potentially dangerous higher velocity and higher volume water flows and Dry Creek itself; Floodplain Grading - which will allow for flood water storage areas which will aid in limiting the potential risk to people and properties downstream and north of Page 24 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc this site by helping to limit increases of the Base Flood Elevation (BFE); and Roadways and Manholes Within the Floodway - which will help assure that roads are visible during a 100-year flood event so people can more efficiently evacuate and/or so emergency service vehicles can more easily access dwellings for life safety needs. Comprehensive Plan "HAZARD AREA POLICIES AND GOALS", noted below, were also taken into consideration by the City Council in making their decision on this matter: 1. To protect the health and safety of Eagle residents while offering varied open space uses. 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. This is to facilitate the orderly development and the preservation of downstream or downflow properties. 4. The City encourages area wide drainage studies and the City may require implementation and construction of storm drain systems. 5. No manufacturing or storage of toxic, flammable or explosive material shall be permitted in the floodplain. 6. Industrial uses other than sand and gravel extraction will not be permitted in any portion of the floodplain. Comprehensive Plan "SPECIAL AREAS POLICIES AND GOALS", noted below, were also taken into consideration by the City Council in making their decision on this matter: 1. To promote the conservation and efficient management of all Special Areas and Sites in addition to open space natural resources within the Impact Area. 2. To protect and maintain soil, water, air, and other natural resources so that they may be used and enjoyed by all. 3. To protect and improve natural and man-made waterways and preserve their natural resource and recreational value. 4. To preserve existing trees and natural growth wherever practicable and establish appropriate landscaping as a part of new developments. 5. To encourage the provision of habitat areas which provide for fish and wildlife. 6. To protect historical and geological sites or monuments and archaeological areas in the Impact Area. 7. To conserve and maintain all desirable fish and wildlife species and habitats particularly along the Boise River and Dry Creek. Developmental and governmental programs which provide for fish and wildlife conservation shall be encouraged. When additional public access to designated special areas is required, such access shall cause minimum disturbance to the present land use. 8. To require developers to prepare and submit an environmental assessment and any such additional reports as the City may from time to time require, to the Planning and Zoning Commission, and the City Council for any development of a principal use on vacant land within an area designated as a Special Area or Site or for any development impacting a designated Special Area or Site. 9. To require a plan for the restoration ofland which shall be made available to the Planning and Zoning Commission and City Council for each parcel of land located within a special Area or Site that is proposed for the extraction of sand, gravel, rock, or other mineral resource. The development adheres to specific Comprehensive Plan objectives by preserving sensitive areas, with the conditions within the Development Agreement and herein, encouraging urban-type development that is in harmony with Eagle's rural character and avoiding an undue concentration of population and overcrowding, with the conditions within the Development Agreement. All these features, with the conditions within the Development Agreement and herein, serve to protect surrounding property owners as many presented oral and written testimony regarding the proposed development and its lack of Page 25 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc compatibility with surrounding zoning districts (mostly to the north) and restriction regarding "Special ArealHazard Area" (floodplain). 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-DA-P and Residential R-4-DA-P, a Conditional Use Permit request for a PUD, a Preliminary Planned Unit Development Application, and a Preliminary Plat Application with the central request being the Preliminary Planned Unit Development Application 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. Specifically, the following is Eagle City Code Section 8-6-1: PURPOSE (FOR PUD): with Council findings italicized): 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; The Brookwood subdivision proposes modifications in building setbacks and area requirements to allow creation of a development which is 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 with the conditions provided within the Development Agreement and herein. 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; Open space has taken into consideration natural features and is over and above the minimum required per code. 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; Hillside areas and mature trees will be preserved with this plan and the conditions within the Development Agreement and herein (as well as the site designs proposed by the Applicant) are intended to help preserve the "Scenic Area/Hillside Area" (Floodplain) as previously noted herein. D. A more efficient use ofland than is generally achieved through conventional development resulting in substantial savings through shorter utilities and streets; This will occur since a large majority of the dwelling units are proposed to be clustered with the area planned for R -4 zoning. and E. A development pattern in harmony with land use density, transportation and community facilities objectives of the Comprehensive Plan. Noted in finding "C 10" and elsewhere above. 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. Page 26 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc The proposed variation in lot sizes and setbacks is essential to creating the character of "community" proposed by the Brookwood Master Plan. The effect (with the conditions within the Development Agreement and herein) 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 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. Page 27 of 28 H:\P&Z\Eagle Applications\SUBS\1998\Brookwood ccf.doc 18. 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 16th day of March, 1999. CITY COUNCIL OF THE CITY OF EAGLE Ada County, Idaho Rick Yzaguirre, ATTEST: .,¡,-<.; c': ;::: :c':, .,,!!.~" £~~,.1r .~, .'" :'Â~;',1,' r, ¡ ""'" ! I ~"" '..... . ," . .. Clerk ¡; l. . ~ .; ...\.~' ~ ~ ~.~~':;. .+ ;1 ",' -:,. J# ":' 1.Í\ <':, . '" .f!' ~#,<¡. " ' " ..J),.{:- ".~~~:~<, "t~ t1>~ ~~~~~;.~ Page 28 of 28 H:\P&Z\Eag]e Applications\SUBS\1998\Brookwood ccf.doc