Findings - CC - 2000 - FPUD-2-00/FP-3-00 - Brookwood No 3/59 Lot/31.4 Acre
ORIGfNAl
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.3 FOR ARIES DEVELOPMENT, LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-2-00 & FP-3-00
The above-entitled final development plan and final plat applications came before the Eagle City
Council for their decision on August 22, 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 3, a 59-lot (45-buildable)
residential subdivision. A portion of Phase 1 is proposed to be replatted and included into
this phase. This 31.4-acre (approx.) phase of Brookwood PUD is located on the northeast
corner of Floating Feather Road and Eagle Road (east of Phase 1 and north of Phase 2). The
site is within the Eagle City Limits.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 30, 2000.
e. 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.
D. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated March 16, 1999, are incorporated herein by
reference.
E. 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;
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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;
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 third 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.
Phase 3 is proposed to have 6-additional lots (45-buildable) from what was shown on the
preliminary plat (39-buildable). It is staffs opinion that this phase is in substantial
compliance with the preliminary plat with the conditions herein since the total number of
lots for the entire PUD will not exceed 387 (see applicant's justification letter dated June
16, 2000, attached).
Site specific condition #8 within the Council's Findings of Fact for the Brookwood PUD
application states, "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 ?hase that abuts the pedestrian bridge to insure
installation of the bridge." This Phase 3 of the Brookwood PUD does not abut the area
for the proposed pedestrian bridge.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on July 17, 2000. The
Commission made their recommendation at that time. The minutes are incorporated
herein by reference.
COMMISSION DECISION:
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The Commission voted 2 to 1 (Nordstrom and Trent absent) to recommend approval of
FPUD-2-00 & FP-3-00 final development plan and final plat approval for Brookwood
Subdivision Phase 3 with the following staff recommended site specific conditions of
approval.
COMMISSION RECOMMENDED SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the June 16,2000, letter from the City Engineer.
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-28-00.
4. 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.
5. Provide an easement for the pathway along Dry Creek and construct the portion of the
pathway within Phase 3 as a 10-foot wide gravel path prior to the City Clerk signing
the final plat.
6. 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.
7. Change the "Easements" note on sheet 4 of 5 of the final plat so that the minimum
easement widths are 12-feet and 6-feet, respectively.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on August 22, 2000. The Council made
their decision at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted two to two and the Mayor voted in favor to approve the final
development plan and final plat for Brookwood Subdivsion Phase 3, with the Commission
recommended site specific conditions of approval and the following:
1. The cul-de-sacs shown on the plat shall have separated sidewalks and street trees as
proposed within the other areas of the overall development.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on May 30, 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
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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;
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;
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 26th day of September, 2000.
CITY COUNCIL OF THE CITY OF EAGLE
Ada County, Idaho
..
Rick Yzaguirre, ay r
ATTEST:
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