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Findings - PZ - 2000 - FPUD-1-00 & FP-1-00 - Final Plan/Plat Approval Brookwood 2/28 Lot/5.47 Acre ORIGINAL BEFORE THE EAGLE PLANNING AND ZONING COMMISSION IN THE MATTER OF AN APPLICATION FOR) A FINAL DEVELOPMENT PLAN AND FINAL PLAT) FOR BROOKWOOD PUD SUBDIVISION PHASE) NO.2 FOR ARIES DEVELOPMENT, LLC ) FINDINGS OF FACT AND CONCLUSIONS OF LAW CASE NUMBER FPUD-I-OO & FP-I-OO The above-entitled final development plan and final plat applications came before the Eagle Planning and Zoning Commission for their recommendation on March 20, 2000. The Commission having heard and taken oral and written testimony, and having duly considered the matter, makes the following Findings of Fact and Conclusions of Law; FINDINGS OF FACT: A. PROJECT SUMMARY: Aries Development, LLC, represented by Mike Hormaechea, is requesting final d~velopment plan and final plat approval for Brookwood Subdivision Phase 2, a 28-lot (27-buildable) residential subdivision. This 5.47-acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather Road approximately 1,680-feet east of Eagle 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 of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained and the uses proposed will not be detrimental to present and potential surrounding uses, but will have a beneficial effect which would not be achieved under standard district regulations; 3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the PUD; 4. Any proposed commercial development can be justified at the locations proposed; Page 1 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Brookwood #2 fpod pzf.doc 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 second phase of the final development is significantly different (specifically regarding lot and roadway configuration) from what was approved with the preliminary development plan and preliminary plat. If the setbacks are approved as proposed (noted herein), then staff recommends that the "Building Setback" note on the face of the final plat be changed to read, "Minimum building setbacks are as noted within the City Council's Findings of Fact document, dated - -' 2000, for the final development plan and final plat for Brookwood Subdivision No.2, on file at the City of Eagle." REVIEW BY THE COMMISSION: A review by the Planning and Zoning Commission was completed on March 20, 2000. The Commission made their recommendation at that time. The minutes are incorporated herein by reference. COMMISSION DECISION: The Commission voted 5 to 0 to recommend approval of FPUD-I-OO & FP-I-OO final development plan and final plat approval for Brookwood Subdivision Phase 2 with the following staff recommended site specific conditions of approval with underline text to be added by the Commission. SITE SPECIFIC CONDITIONS OF APPROVAL: 1. Comply with the conditions noted in the March 2, 2000, 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 residents of the subdivision." 2. Comply with all applicable conditions of the Development Agreement and RZ-8- 97/CU-6-97/PPUD-1-97/PP-2-97. 3. Comply with the conditions ofDR-3-00 (referenced as being for phase 6, but is now called phase 2). Page 2 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Brookwood #2 fpud pzf.doc 4. Provide a 5-foot wide concrete meandering sidewalk along Eagle Road Floating Feather Road abutting the site. 5. The applicant shall submit payment to the City for all Engineering fees incun-ed for reviewing this project, prior to the City Engineer signing the final plat. 6. Provide a site/landscape plan showing the proposed location and layout of the skateboard area within the Brookwood Master Plan for review and approval by the City prior to the City Clerk signing the final plat for Phase 2. 7. All garages within this phase shall be setback a minimum of20-feet from back of sidewalk. 8. The streets within this phase 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 Citv 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. CONCLUSIONS OF LAW: A. The applications for this item were received by the City of Eagle on February 24,2000. B. In accordance Eagle City Code Section 8-6-6-3 B the Commission finds that the facts submitted with the application and presented to the Commission, with the conditions herein, establish that: 1. The proposed development can be initiated within one year of the date of approval based upon the testimony and documentation presented by the developer; 2. Each individual unit of the development, as well as the total development, can exist as an independent unit capable of creating an environment of sustained desirability and stability or that adequate assurance will be provided that such objective will be attained and the uses proposed will not be detrimental to present and potential sun-ounding 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; 4. No commercial development is proposed; 5. Any exception from standard district requirements is wan-anted 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 Page 3 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Brookwood #2 fpud pzf.doc accordance with the Comprehensive Plan; The building setbacks proposed within Phase 2 are as follows: Front - 10- feet Rear - 20- feet Side - 5-feet Street side - 10-feet 6. The area surrounding said development can be planned and zoned in coordination and substantial compatibility with the proposed development since no intensive uses, that might impact the planned residential areas surrounding the development, are proposed; 7. The PUD is in general conformance with the Comprehensive Plan; and 8. The existing and proposed utility services are adequate for the population densities as noted by the agencies which will serve the development. DATED this 3rd day of April, 2000. PLANNING AND ZONING COMMISSION OF THE CITY 0 EAGLE ~ County, Id 0 /' ' ATTEST: A.L~. 0 F 84 ~ :~'.'.'...'.~. ~.' 1ft"'\. 1J«'..~.. "', './'." ~~..... .."".,....\',, y'( cf' ".' " ,~ :: l ~~OI4,.":. ';' !t 0 ~ ~ <t ':, ':'. ;¡¡¡ "'"' ". ~ .~ " .J". ø -..- ;': ".,.. '.'~ ~.. ')"4. \ -,." "I~ .. ~" ;; ., ...;.C'Y.,-.,.,¡1I\i ,..;, \ :-'b~"ji':.c.::',,-, ,.; \~~~~l!?J~/ 1R c.-,... - ~ ~ G-o-k- """SharoÌí Moore, Eagle City erk Page 4 of 4 K:\Planning Dept\Eagle Applications\SUBS\2000\Brookwood #2 fpud pzf.doc