Findings - CC - 2003 - FPUD-4-03/FP-6-03 - Brookwood Sud 8/33Lot/7.11 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR BROOKWOOD SUBDIVISION NO.8
FOR ARIES DEVELOPMENT LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-4-03 & FP-6-03
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on June to, 2003. 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 8, a 33-lot (30-buildable, 3-common) residential
subdivision. This 7 . II-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.
C. PRELIMINARY PUD/PLAT FINDINGS:
Council Findings of Fact and Conclusions of Law 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 to-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 8 of the Brookwood PUD
does not abut the area for the proposed pedestrian bridge.
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;
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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 8 of Brookwood PUD. As shown on the preliminary plat and phasing plan approved by
the City on March 16, 1999, the lot, block and street configurations were not delineated for this
phase; the area was left "blank" with the design to be determined upon submittal of a final
plat/final development plan. This phase is similar to the previously approved second phase of the
Brookwood PUD with regard to lot size and density (phase 2 with a density of 4.9 units per acre,
this phase 8 proposes 4.2-units per acre). In this vein, the applicant has requested that the setbacks
be similar with those approved in phase 2.
On December 14, 1999, the City Council approved a change to site specific condition #29
(regarding setbacks) for the Brookwood PUD. The setbacks for the Type F units within this phase
(the R-2-DA-P zoned area) are to be determined upon final development plan submittal. The
applicant requests the setbacks to be as follows:
Rear
Interior Side
Additional Interior Side Setback for
multi-story structures
20' (garage)
15' (living area)
15'
5'
Front
0'
NOTE: Phase eight does not have any corner lots wherein a street side setback would be
required; all lots front upon one of two cul-de-sacs or are separated from a
roadway by a common lot.
For reference, the following setbacks were approved for phase 2 of the Brookwood PUD:
Front
lO-feet (living area)
20-feet (garage)
20-feet
5-feet
JO-feet
Rear
Side
Street side
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In addition, Type F lot sizes and width measurements were left as a factor to be determined at the
time of a submittal of a final plat application. The minimum lot size proposed with this phase is
5,200-square feet; the minimum lot width is 50-feet, which again, are similar to those approved in
phase 2. Staff will defer comment regarding the requested setbacks, lot sizes and lot widths to the
Planning and Zoning Commission and the City Council.
With this phase, the overall density for the development is proceeding at a rate of approximately
33-units less than initially approved. In addition, this phase will have 1.51-acres of open space for
a current total of 55.03-acres for the entire development (originally approved with 47.5-acres).
Considering the proposed lot configuration and street layout, it is staff's opinion that this eighth
phase of the final development can meet the Findings of Fact required in Eagle City Code Section
8-6-6-3 B and C (as noted herein) with the conditions recommended herein.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on May 19, 2003. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Deckers absent) to recommend approval of FPUD-4-03 & FP-6-03
for a final development plan and final plat approval for Brookwood Subdivision No.8 with the
staff recommended site specific conditions of approval shown within their Findings of Fact and
Conclusions of Law document, dated June 2, 2003.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on June 10, 2003. The Council made their decision
at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve FPUD-4-03 & FP-6-03 for a final
development plan and final plat for Brookwood Subdivision No.8 with the following Planning
and Zoning Commission recommended site specific conditions of approval, with underlined text to
be added by the Council:
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with the conditions noted in the letter from the City Engineer date stamped by the
City on May 14,2003.
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 ofDR-18-03.
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 "hammerhead" cul-de-sac
design for North Forestdale Place, prior to the City Engineer signing the final plat.
6. Unless otherwise approved, the setbacks shall comply with the following:
Front 20' (garage)
15' (living area)
15'
5'
Rear
Interior Side
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Additional Interior Side Setback for
multi-story structures
0'
7. Unless otherwise approved, the sizes of the building lots shall not be decreased below 5,200-
square feet.
8. Unless otherwise approved, the widths of the building lots shall not be decreased below 50-
feet.
9. Revise the fmal plat to change the street fronmge measurements on Lots 11 and 12, Block 24,
(shown as C-54 and C-55 on the curve table) to a minimum of 35-feet in length. It is
acknowledged that the applicant's engineer has provided copies of the revision, which will need
to be verified on the final plat prior to the City Engineer singing the final plat.
10. Construct a meandering 5-foot wide concrete sidewalk along Floating Feather Road abutting
the site.
11. The landscape berm located within the buffer area along the southern boundary of this phase.
and abutting Floating Feather Road. shall be constructed a minimum of five-feet (5') high. as
measured from the centerline elevation of Floating Feather Road. A revised landscape plan
shall be submitted to the City for review by staff prior to the City Clerk signing the final plat
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on April 8, 2003.
B. In accordance with Eagle City Code Section 8-6-6-3 (C) 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 because of
the conditions placed on this development;
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 and noted below will allow for a mix of housing types in accordance
with the Comprehensive Plan;
Setbacks for the lots located within phase eight:
Front
20' (garage)
15' (living area)
15'
Rear
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Interior Side
Additional Interior Side Setback for
multi-story structures
5'
0'
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 8th day of July 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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........ Sharon KMoore, Eagle City Clerk
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