Findings - PZ - 2002 - FPUD-8-01 & FP-22-01 - Fpud & Fp Brookwood 5/24-Lot/7.78 Acre
ORIG\NAL
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.5 FOR ARIES DEVELOPMENT, LLc.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-8-01 & FP-22-01
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on January 28, 2002. 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 development plan and
final plat approval for Brookwood Subdivision Phase 5, a 24-lot (21-buildable) residential subdivision.
This 7.78-acre (approx.) phase of Brookwood PUD is located on the north side of Floating Feather
Road and west of Feather Nest Estates Subdivision. The site is within the Eagle City Limits.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on November 5,2001.
C. illSTORY:
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, preliminary plat and preliminary development
plan are attached.
On December 14, 1999, the City Council approved a change to site specific condition #29
(regarding setbacks) for the Brookwood PUD. The approved setbacks for the Type B, C, and D
lots within this phase (the R-4-DA-P zoned area) are as follows:
Front
Rear
Interior Side
Additional Interior Side Setback
for multi-story structures
Street Side
20' (20-feet required for non-PUD sub)
25' (25-feet required for non-PUD sub)
7.5'(7.5-feet required for non-PUD sub)
2.5' per story (5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
D. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings and Conclusions dated March 16, 1999, are incorporated herein by reference.
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 lO-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
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abuts the pedestrian bridge to insure installation of the bridge." This Phase 5 of the Brookwood PUD
does not abut the area for the proposed pedestrian bridge.
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;
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.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Engineer and Planning staff have reviewed the final development plan and final plat for
this phase 5 of Brookwood PUD. Phase 5 is proposed in a development area that was shown as
"H" on the preliminary development plans. The letter "H" designation allows for the construction
of a higher density "cluster" development of 37 cottage homes. As a condition of approval for the
Brookwood preliminary plat and PUD, the setbacks and additional criteria for the type "H"
development area were to be determined upon review of the final plat and final development plans
for each phase. In this phase 5, the applicant has proposed to construct a development that is of a
lesser density than that approved under the Brookwood PUD because of a bigger demand for the
type of lot that is being proposed within this phase. In conjunction with this type of lot
configuration, the applicant has requested the minimum setbacks for this phase to be the same as
the type "D" setbacks as noted under section B of this report. Considering the proposed lot
configuration and street layout, it is staff's opinion that this fifth phase of the final development
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.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on January 28, 2002. The
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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-8-01& FP-22-01 for a final
development plan and final plat approval for Brookwood Subdivision No.5 with the staff
recommended site specific conditions of approval provided below.
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with the conditions noted in the letters dated December 10, 2001, January 15,2002,
and January 23, 2002 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-79-01.
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. The setbacks shall comply with the Type "D" criteria as outlined in section B of this report.
The minimum lot size shall be 8,000 square feet.
6. Provide a note on the final plat stating that Lots 86 and 103, Block 3, and Lot 1, Block 33, are
common lots to be owned and maintained by the Brookwood Subdivision Homeowner's
Association.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on November 5,2001.
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 development will 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, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or
that adequate assurance can be provided that such objective will be attained and the uses 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 because of the conditions
placed on this development;
3. The streets and thoroughfares to be constructed 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;
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7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by
the agencies which will serve the development.
DATED this 4th day of February 2002.
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