Findings - CC - 2003 - FPUD-7-03/FP-9-03 - Brookwood 9/38 Lot/16.44 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL PLAT
FOR BROOKWOOD PUD SUBDIVISION NO.9
FOR ARIES DEVELOPMENT LLC
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-7-03 & FP-9-03
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on November 18, 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 PUD Subdivision Phase 9, a 38-10t (32-buildable, 6-common)
residential subdivision. This 16.44-acre (approx.) phase of Brookwood PUD is located on the north
side of Floating Feather Road and east of Eagle Road. The site is within the Eagle City Limits.
B. HISTORY:
The City Council approved the PUD for Brookwood PUD Subdivision on March 16, 1999. The
Findings of Fact and Conclusions of Law for the annexation, rezone, preliminary plat and preliminary
development plan are incorporated herein by reference.
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' (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-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' (IO-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
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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'(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
C. 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 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 9 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:
I. 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 9 of Brookwood PUD. This phase differs slightly from the original preliminary
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development plan in both lot quantity as well as street configuration. Only (1) one cul-de-sac is
now proposed with this final plat which eliminates the two (2) cul-de-sacs and one (1) loop road
originally proposed. In addition, East Dalesford Drive (which connects to the intersection of East
Dalesford Drive and East Feather View Drive) has been straightened slightly from the curved
roadway originally proposed. With these changes, the amount of lots to be constructed has been
increased by five (5) from the original proposal. While the density will be higher for this phase,
upon the completion of this phase and phase 10, the overall density for the development will be
seventeen (17) lots less than the approved amount of three-hundred eighty-seven (387).
Considering the proposed lot configuration and street layout, it is staff s opinion that this ninth
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.
As noted within the applicant's response to item no. 29 of the site specific conditions of approval
for the Brookwood PUD (Council Findings and Conclusions dated March 16, 1999), the building
setbacks intended for this phase are to correspond with those of the Type B, C, and D lots of the
R-4-DA-P zoned area. However, this phase is located within the R-2-DA-P zoned area and thus
are to conform to those setbacks listed in the "History" section B above. With the lots in this
phase proposed to be no less than 10,227 square feet, the minimum building setbacks are to
conform to the Type A, A-I, and B lots as listed above.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on September 8, 2003. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Glavach absent) to recommend approval of FPUD-7-03 & FP-9-03
for a final development plan and final plat approval for Brookwood PUD Subdivision No.9 with
the site specific conditions of approval shown within their Findings of Fact and Conclusions of
Law document, dated September 29,2003.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on November 18, 2003. The Council made their
decision at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-7-03 & FP-9-03 for a final development plan and final
plat for Brookwood Subdivision No.9 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 August 28, 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-36-03.
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 length of the cul-de-sac (in
excess of 500-feet) for North Estancia Place, prior to the City Engineer signing the final plat.
6. The setbacks shall comply with the criteria as noted below. Lots 18-28, Block 34, shall have a
rear yard setback of a minimum of 30-feet from the ridgeline of the Farmer's Union Canal,
and delineated as such on the final plat:
.
Type B Luxury lot setbacks
Front 20' (30-feet required for non-POD 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
7. Prior to the issuance of any building permits for Lots 18-28, Block 34, a drainage plan for
each lot shall be submitted to the City Engineer for review and approval. No storm water shall
be permitted to drain from the lot over the ridgeline from any area located upland of the
ridgeline.
8. I Prior to the City Clerk signing the final plat. the well purchase agreement dated September 26,
2000. shall be amended bv the City and Developer to reflect the agreement of the Developer to
donate to the City a well site valued at approximately $25.000.00. The site shall be located at
the current point of diversion being sought bv the City and currently under the review of the
Idaho Department of Water Resources. An alternate point of diversion shall be identified by
mutual agreement of the City and the Developer (subiect to Department of Environmental
Oualitv approval). with the understanding that only one (1) well would be built pursuant to the
amendment. The well purchase agreement amendment shall provide that the Developer shall
construct the potable water well for inclusion in the City's water system as set forth in the well
purchase agreement. as amended.
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CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on July 9, 2003.
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 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 nine:
Type B Luxury lots
Front 20' (30-feet required for non-PUD sub)
Rear 25' (30-feet required for non-PUD sub)
Interior Side 7.5' (IO-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
Lots 18-28, Block 34, shall have a rear yard setback of a minimum of 30-feet from the
ridgeline of the Farmer's Union Canal, as delineated on the final plat.
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.
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DATED this 9th day of December 2003.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
ATTEST:
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Sharon K. Moore, Eagle City Clerk
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