Findings - PZ - 2003 - FPUD-5-02 & FP-15-02 - Fpud/Fp Brookwood 7/63-Lot/41.87 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 SUBDIVISION NO.7
FOR ARIES DEVELOPMENT LLC.
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-5-02 & FP-15-02
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on February 3, 2003. 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 7, a 63-10t (48-buildable, 15-common)
residential subdivision. This 41.87-acre 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. 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, 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 A, A-I, B, E, lots within this
phase (the R-2-DA-P zoned area) are as follows:
.
Type A and A-I estate lot setbacks
Front 30' (30-feet required for non-PUD sub)
Rear 30' (30-feet required for non-PUD sub)
Interior Side 10' (10-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
Street Side
.
Type B Luxury lot setbacks
Front 25' (30-feet required for non-PUD sub)
Rear 25' (30-feet required for non-PUD sub)
Interior Side 7.5' (lO-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 2.5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
Street Side
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.
Type E Streamside lot setbacks
Front 20' (30-feet required for non-PUD sub)
Rear 25' (30-feet required for non-PUD sub)
Interior Side 7.5'(1O-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 2.5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-POD sub)
Street Side
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;
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 7 of Brookwood PUD. This phase differs slightly from the original preliminary
development plan in both lot quantity as well as street configuration. The original plan showed a
cul-de-sac that has now been eliminated with the extension of a second cul-de-sac (western portion
of this phase), which allows for hom~ lots to access a "local" type roadway rather than the main
thoroughfare traveling through the subdivision. In the eastern portion of this phase, a proposed
cul-de-sac has been extended, with the addition of a second cul-de-sac branching from the
roadway. With these changes, the amount of lots to be constructed has been increased by thirteen
(13) from the original proposal. Previously, the majority of the lots were proposed to be
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approximately % of an acre in size while the newly designed phase proposes to add a greater mix
of 1,4 acre lots and Y2 acre lots. These smaller size lots appear to appeal to a greater number of
homebuyers as opposed to the larger lots. While the density will be higher for this phase, the
overall density for the development is proceeding at a rate approximately 20-units less than
initially approved. In addition, this phase will add 7.88-acres of open space for a current total of
55.90-acres for the entire development (originally approved with 47.5-acres). Considering the
proposed lot configuration and street layout, it is staffs opinion that this seventh 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.
In the applicant's justification letter date stamped by the City on December 4, 2002, the applicant
requests that the setbacks for Lots 56, 57, and 63-73, Block 2, be permitted to comply with
setbacks which are identical to the type "E" lots as listed above under Section B. The lot sizes
approved for type "E" lots range from 1/4-acre to l/3-acre, similar to which Lots 56, 57. and 63-
73, Block 2, are proposed to be platted. In order to provide a variety and mix of housing types, it
may be considered appropriate to allow the aforementioned lots the flexibility to utilize the type
"E" setbacks. Staff will defer to the Planning and Zoning Commission and the City Council for
discussion regarding this matter.
.
Site specific condition #8 within the Council's Findings of Fact for the Brookwood POD
application (March 16, 1999) 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 abuts the pedestrian bridge to insure installation of the
bridge." This Phase 7 of the Brookwood PUD abuts the area for the proposed pedestrian bridge.
The requirement for the bridge was intended to provide a connection between this subdivision and
an undeveloped parcel to the north of this site, separated by the Dry Creek. Because of the
restrictions placed on the installation of fill and construction of structures within the Dry Creek
flood way, a roadway and bridge system (most likely consisting of several bridge spans) over the
Dry Creek would be very expensive. In lieu of a roadway, the Ada County Highway District
recommended that a pedestrian bridge be installed to provide intra-neighborhood connectivity,
which the City Council adopted as a condition of approval (as stated in the previous paragraph) for
the Brookwood PUD.
At this point in time, the applicant has requested that this requirement be waived, due to the
uncertainty and questionable feasibility of the construction of a pedestrian bridge. In the
applicant's letter date stamped by the City on January 9,2003, it is stated that Ada County
Highway District staff have previously requested of the ACHD Commission to refund monies
placed in a road trust for two projects which had similar conditions of approval for the
construction of pedestrian bridges (Eagle City staff has spoken to ACHD staff regarding this
matter). Due to cost overruns and the uncertainty as to the responsibility of managing the
construction of the bridges, the projects have become to be thought of as less than feasible.
The question then arises as to if a bridge were not required to be constructed, in what location
would a pathway be constructed in order to provide pedestrian connectivity to the north? The
Farmer's Union Canal traverses along the southern boundary of the Brookwood PUD and crosses
the Dry Creek to extend north to Beacon Light Road. The City of Eagle 2000 Comprehensive
Plan Transportation / Pathway Network Map # 1 of 2 shows a pathway to be constructed along the
Dry Creek (through this development) yet not north along the Farmer's Union Canal. In addition,
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the applicant's letter states that the Farmer's Union Ditch Company would be opposed to the
placement of any type of recreational pathway within the canal right-of-way due to liability
concerns.
Considering the aforementioned items, staff will defer to the Planning and Zoning Commission
and the City Council to determine whether a northerly pedestrian connection remains desirable and
if so, the appropriate route for the pathway.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT REGARDING
PHASE SEVEN:
Staff recommends approval of the final plat with the following conditions:
1. Comply with the conditions noted in the letter from the City Engineer dated January 31, 2003.
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 of DR-58-02 and FPDP-06-02.
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 a letter from the Eagle Fire Department approving the 1,150 feet (approximate) cul-
de-sac length for North Covey Run Place, prior to the City Engineer signing the final plat.
6. The setbacks shall comply with the following:
. Type A and A-I estate lot setbacks
Front 30' (30-feet required for non-PUD sub)
Rear 30' (30-feet required for non-PUD sub)
Interior Side 10' (lO-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-POD sub)
Street Side
.
Type B Luxury lot setbacks
Front 25' (30-feet required for non-POD sub)
Rear 25' (30-feet required for non-PUD sub)
Interior Side 7.5' (10-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 2.5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
Street Side
.
Type E Streamside lot setbacks
Front 20' (30-feet required for non-PUD sub)
Rear 25' (30-feet required for non-PUD sub)
Interior Side 7.5'(10-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 2.5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
Street Side
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7. The minimum setbacks for Lots 56, 57, and 63-73, Block 2, shall be as follows:
Front 20' (30-feet required for non-POD sub)
Rear 25' (3D-feet required for non-POD sub)
Interior Side 7.5'(l0-feet required for non-PUD sub)
Additional Interior Side Setback for multi-story structures - 2.5' per story
(5-feet required for non-PUD sub)
20' (20-feet required for non-PUD sub)
Street Side
8. All development within the area of the Property which is within the 1O0-year floodplain shall
have finished floor level of all buildings which are at least two (2) feet above the Federal
Emergency Management Association Base Flood Elevation (BFE).
9. 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 abuts the pedestrian bridge to insure installation of the bridge, UNLESS
the Planning and Zoning Commission and the City Council determines that a northerly
pedestrian connection via a bridge over the Dry Creek is not feasible. The Planning and
Zoning Commission and the City Council may determine that a northerly connection remains
desirable and may opt for a different route for the pathway connection.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on February 3, 2002. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 2 to 2 (Bandy, Cadwell against, Bloom absent) to recommend denial of
FPUD-5-02 & FP-15-02 for the final development plan and final plat approval for Brookwood
Subdivision No.7 based on the increased amount of dwellings in the floodplain, which constitutes
a substantial change from that reviewed in the preliminary development plan and preliminary plat.
The denial motion provided that if the City Council were to approve these applications, then the
staff recommended standard conditions of approval and site specific conditions of approval should
be required, with revisions to be made to the following two site specific conditions of approval
(underline text added by the Commission and strike through text deleted by the Commission):
1. Comply with the conditions noted in the two letter~ from the City Engineer, each dated January
31,2003.
9. Comply '.vith .^.CHD "Speeial Recommc)ßdatioRs to the City of Eagle" Roted iR the .^.CHD
r-eport dated .^.HgUSt 5, 199&. The pedestriaR bridge shall be a miRimum of 10 feet wide. .\
letter of cr-edit or certifieate of deposit shall be provided to tHe City prior to approval of the
fiRal plat phase that abHts the pedestriaR bridge to iRsl:lre iRstallatioR of the bridge, UNLESS
the PlaRRiRg aRd ZoRiRg Commission afld the City CoHHeil determiRes that a Rortherly
pedestriaa coRRection ','ia a bridge over the Dry Creek is ROt feasible. The PlaRfliag aRd
ZoRiRg ComrnissioR aRd the City COI:Œcil may determiRe that a Rortherly eoaRectioR remaiRs
desirable aRd may of't for a different route for the path\vay eoRRectioR. If the Ada County
Highway District releases the "Special Recommendation to the City of Eagle", then the City of
Eagle shall concur with releasing the requirement for a pedestrian bridge due to the lack of
feasibility to construct said bridge.
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The motion died due to a split decision.
The Commission voted 2 to 2 (Crook, Deckers against, Bloom absent) to recommend approval of
FPUD-5-02 & FP-15-02 for a final development plan and final plat approval for Brookwood
Subdivision No.7 with the staff recommended site specific conditions of approval provided within
the staff report and striking site specific condition of approval No.9. The motion died due to a
split decision.
The Commission voted 3 to 1 (Cadwell against, Bloom absent) to forward FPUD-5-02 & FP-15-
02 for a final development plan and final plat to the City Council with no recommendation due to
the stalemate.
DATED this 18th day of February 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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