Findings - CC - 2015 - FPUD-01-15/FP-01-15 - Alderwood Village No 2/18-Lot Subd/4.7 Acre/947 W State Street BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION )
FOR A FINAL DEVELOPMENT PLAN AND )
FINAL PLAT FOR ALDERWOOD VILLAGE )
SUBDIVISION NO.2 FOR TEALEY'S LAND )
SURVEYING )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-01-15 &FP-01-15
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 14, 2015. 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:
Tealey's Land Surveying represented by Pat Tealey, is requesting final development plan and final plat
approval for Alderwood Village Subdivision No. 2, an 18-lot (15-buildable, 3-common) residential
subdivision. The 4.7-acre site is generally located at 947 W. State Street approximately 430-feet west
of South Grandean Way.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on February 9, 2015.
C. HISTORY:
On October 10, 2006, the City Council approved Eudora Estates Subdivision (a.k.a. Alderwood No. 2)
for RTB Investments,LLC. (CU-02-06/PPUD-01-06/PP-08-06)
On February 12, 2008, the City Council approved an extension of time for the preliminary plat for
Alderwood Subdivision No. 2 to be valid until October 10, 2008.
On August 26, 2014, the City Council approved a conditional use permit, preliminary development
plan, and preliminary plat for Alderwood Village Subdivision No. 2 (CU-02-13/PPUD-02-13/PP-04-
13).
On August 14, 2014, the Design Review Board approved the common area landscaping within
Alderwood Village Subdivision No. 2 (DR-31-14).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated September 9, 2014, are incorporated
herein by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish
that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
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a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase 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;
c. 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;
d. Any proposed commercial development can be justified at the locations proposed;
e. 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;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
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
Alderwood Village Subdivision No. 2. The final development plan and final plat show that there have
been no significant changes from the preliminary development plan and preliminary plat.
• It is staff's opinion that the final development plan can meet the Findings of Fact required in Eagle
City Code Section 8-6-6-3 B with the conditions recommended herein and that the final plat will be in
substantial compliance with the preliminary plat pursuant to the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 14, 2015. 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-01-15 & FP-01-15 for a final development plan and final plat
for The Alderwood Village Subdivision No. 2 for Tealey's Land Surveying, with the following staff
recommended site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer.
2. Comply with all conditions of CU-02-13/PPUD-02-13/PP-04-13.
3. Comply with the conditions of DR-31-14.
4. The applicant shall submit payment to the City for all engineering and legal review fees incurred for
reviewing this project, prior to the City Clerk signing the final plat.
5. The applicant shall provide a license agreement from ACHD approving the landscaping located within
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the public rights-of way-abutting and within this site,prior to the City Clerk signing the final plat.
6. Provide a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the recorded
final plats, and an 8 1/2" x 11" recorded copy of the final plat of Alderwood Village Subdivision No.
2, prior to the issuance of any building permits.
7. All common area improvements within Alderwood Village Subdivision No. 2 as specified on the
approved landscape plan (DR-31-14) and any subsequent modifications shall be completed or a surety
shall be provided as required by Eagle City Code prior to the City Clerk signing the final plat.
8. The submittal of the building permit application to the City for each home within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
9. The applicant shall install at the entrances to Alderwood Village Subdivision No. 2 a 4'x 4' plywood
or other hard surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a
minimum of 3-feet above the ground) noticing the contractors to clean up daily, no loud music, and no
dogs off leash.
10. The applicant shall take care to locate and protect from damage existing utilities, pipelines and similar
structures. Documentation indicating that "Digline" has performed an inspection of the site shall be
submitted prior to the issuance of any building permits for the site.
11. Provide a copy of the written approval from the irrigation entity, drainage district, or drainage entity
having jurisdiction for encroachments and/or improvements to affected infrastructure, prior to the City
Clerk signing the final plat.
12. The applicant shall not construct any storm drainage or roadway facilities until the City has received a
copy of the ACHD stamped and approved final engineering construction drawings. Upon receipt of the
ACHD approved construction drawings and confirmation by the City Engineer that they comply with
the City approved construction drawings, the City will issue a"notice to proceed with construction" to
the project engineer.
13. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
CONCLUSIONS OF LAW:
A. The applications for this item were received by the City of Eagle on February 9, 2015.
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 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;
4. No commercial development is proposed;
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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 required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 28th day of April 2015.
CITY COUNCIL
OF THE CITY OF EAGLE
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Sharon K. Bergmann, Eagle City Clerk ' • v
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