Findings - CC - 1999 - FPUD-4-99/FP-12-99 - Brookwood Subd No1 97-Lot/75 Buildable/67.26 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR)
A FINAL DEVELOPMENT PLAN AND FINAL PLAT)
FOR BROOKWOOD PUD SUBDIVISION PHASE)
NO.1 FOR ARIES DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-99 & FP-12-99
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their action on September 14, 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:
Aries Development, LLC, represented by Mike Hormaechea, is requesting final development
plan and final plat approval for Brookwood Subdivision Phase 1 , a 97-lot (75-buildable)
residential subdivision. This 67.26-acre (approx.) phase of Brookwood PUD is located on
the northeast comer of Eagle Road and Floating Feather Road. The site is within the Eagle
City Limits.
B. HISTORY:
The City Council approved the PUD for Brookwood Subdivision on March 16, 1999. The
Findings of Fact and Conclusions of Law for the annexation, rezone, lot split preliminary plat
and preliminary development plan are attached.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated March 16,1999, are incorporated herein by
reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Commission shall find that the facts submitted with the application and presented to
them establish that:
1. The proposed development can be initiated within one year of the date of approval;
2. Each individual unit ofthe development, as well as the total development, can exist as
an independent unit capable of creating an environment of sustained desirability and
stability or that adequate assurance will be provided that such objective will be
attained and the uses proposed will not be detrimental to present and potential
surrounding uses, but will have a beneficial effect which would not be achieved under
standard district regulations;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload
the street network outside the PUD;
4. Any proposed commercial development can be justified at the locations proposed;
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5. Any exception from standard district requirements is warranted by the design and
other amenities incorporated in the final development plan, in accordance with the
PUD and the adopted policy of the Council;
6. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and proposed utility services are adequate for the population densities
and nonresidential uses proposed.
E.
FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (C):
Upon granting or denying the application, the Council shall specify:
1. The ordinance and standards used in evaluating the application;
2. The reasons for approval or denial; and
3. The actions, if any, that the applicant could take to obtain a permit.
F. STAFF ANALYSIS PROVIDED IN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final
plat. It is staffs opinion that this first phase ofthe final development plan can meet the
Findings of Fact required in Eagle City Code Section 8-6-6-3 Band C (as noted herein)
with the conditions recommended herein and that the phase one final plat will be in
substantial compliance with the preliminary plat with the conditions herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on August 16, 1999.
The Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Brinton absent) to recommend approval of FPUD-4-99 &
FP-12-99 final development plan and final plat approval for Brookwood Subdivision
Phase No.1 with the site specific conditions of approval within their Findings Of Fact
And Conclusions Of Law document dated September 7, 1999.
REVIEW BY THE COUNCIL:
A review by the Council was completed on September 14, 1999. The Council took action
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 2 to 1 (Merrill absent) (Sedlacek against) to approve FPUD-4-99 &
FP-12-99 final development plan and final plat for Brookwood Subdivision Phase No.1
with the site specific conditions of approval below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the July 29, 1999, letter from the City Engineer.
NOTE: Item 9a of the Development agreement states "The Developer shall install a
well, as specified by the City Engineer, to meet the potable water needs of the
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residents ofthe subdivision."
2. Comply with all applicable conditions of the Development Agreement and RZ-8-
97 /CU-6-97 /PPUD-I-97 /PP-2-97.
3. Comply with the conditions ofDR-22-99.
4. The design ofthe fencing to be around the property at 470 E. Floating Feather Road
shall be reviewed by the Design Review Board prior to issuance of any building
permits for phase 1.
5. 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 the
final development plan.
6. Provide a 5-foot wide concrete meandering sidewalk along Eagle Road and Floating
Feather Road abutting the site.
7. A revised landscape plan showing buffering and landscaping along Floating Feather
Road along this site has been reviewed and approved by the City Council.
8. The applicant shall submit payment to the City for all Engineering fees incurred for
reviewing this project, prior to the City Engineer signing the final plat.
9. Provide a copy of the Subdivision's CC&R's showing that the entire PUD will
remain under the control of one Homeowners Association. The CC&R's shall be
reviewed and approved by the City Engineer prior to the City Clerk signing the final
plat.
10. Provide a common lot for the pathway along Dry Creek and construct the portion of
the pathway within Phase 1 as a 10-foot wide gravel path prior to the City Clerk
signing the final plat.
11. Subdivision signage, sign lighting, and sign landscaping shall be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
12. An appropriate water solution (regarding specific details on the on-site well) shall be
negotiated and agreed upon between the developer and the City of Eagle prior to
issuance of any building permits for phase one.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on July 1, 1999.
B. In accordance Eagle City Code Section 8-6-6-3 B the Council finds that the facts submitted
with the application and presented to the Council, with the conditions herein, establish that:
1. The proposed development can be initiated within one year of the date of approval
based upon the testimony and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, can exist as
an independent unit capable of creating an environment of sustained desirability and
stability or that adequate assurance will be provided that such objective will be
attained and the uses proposed will not be detrimental to present and potential
surrounding uses, but will have a beneficial effect which would not be achieved under
standard district regulations;
3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload
the street network outside the PUD based upon written responses received from the
highway districts having jurisdiction;
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4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and
other amenities incorporated in the final development plan, in accordance with the
PUD and the adopted policy of the Council because the varied lot sizes and setbacks
as specifically approved by the City, will allow for a mix of housing types in
accordance with the Comprehensive Plan;
60 The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development since no intensive uses, that
might impact the planned residential areas surrounding the development, are
proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and proposed utility services are adequate for the population densities
proposed as noted by the agencies which will serve the development.
DATED this 26th day of October, 1999.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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