Findings - CC - 2000 - FPUD-1-00/FP-1-00 - Brookwood No 2/28 Lot/5.47 Acre
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.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 City
Council for their action on April 11, 2000. 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 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 PUDIPLAT 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;
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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 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.
Ifthe 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 Avril 25. 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-l-OO & FP-I-OO final
development plan and final plat approval for Brookwood Subdivision Phase 2 with the
site specific conditions of approval within their Findings Of Fact And Conclusions Of
Law document dated April 3, 2000.
REVIEW BY THE COUNCIL:
A review by the Council was completed on April 11, 2000. The Council took action at
that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 1 (Merrill against) to approve FPUD-I-OO & FP-I-OO final
development plan and final plat for Brookwood Subdivision Phase No.2 with the site
specific conditions of approval below.
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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-I-97 /PP-2-97.
3. Comply with the conditions ofDR-3-00 (referenced as being for phase 6, but is now
called phase 2).
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 incurred for
reviewing this project, prior to the City Engineer signing the final plat.
6. All garages within this phase shall be setback a minimum of20-feet from back of
sidewalk.
7. 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 ofthe trees and landscaping required within this
condition provide the City with a copy ofthe subdivision's CC&R's (to be reviewed
and approved by the Design Review Board) showing requirements for:
a. Types oftrees and landscaping to be installed within the landscape strip;
b. Trees to be installed prior to issuance of occupancy pennits for the homes;
c. An automatic irrigation system to be installed by the homeowners prior to
issuance of occupancy pennits for the homes; and
d. Requirements for homeowner maintenance of trees, other landscaping, and
automatic irrigation system within the landscape strip.
8. A municipal well agreement between the developer (Aries Development, LLC) and
the City shall be completed prior to the City issuing any building pennits for
Brookwood Phase 2.
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 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
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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 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;
The building setbacks approved for Phase 2 are as follows:
Front - lO-feet
Rear - 20- feet
Side - 5-feet
Street side - lO-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 confonnance 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 25th day of April, 2000.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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