Findings - PZ - 2003 - FPUD-6-03 & FP-8-03 - Alderwood Village Subd/37-Lot/7.6 Acre/825 W. State Street
ORIGINAL
BEFORE THE EAGLE PLANNING AND ZONING COMMISSION
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLA T FOR ALDERWOOD VILLAGE
SUBDIVISION FOR STEVE ROTH
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FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-6-03 & FP-8-03
The above-entitled final development plan and final plat applications came before the Eagle Planning and
Zoning Commission for their recommendation on June 2, 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:
Steve Roth, represented by Jane Suggs, is requesting final development plan and final plat approval for
Alderwood Village Subdivision, a 37 -lot (31-residential, 6-common) subdivision. This 7.6-acre
(approximate) development is located on the south side of West State Street approximately 1/2 mile
west of Eagle Road, at 825 West State Street.
B. illS TORY:
The City Council approved the PUD for Alderwood Village Subdivision on January 14,2003. The
Findings of Fact and Conclusions of Law for the preliminary plat and preliminary development plan
are attached.
c. PRELIMINARY PUD/PLA T FINDINGS:
Council Findings and Conclusions dated January 14,2003, are incorporated herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B), states in part:
The Council shall find that the facts submitted with the application and presented to them establish
that:
1.
2.
The proposed development can be initiated within one year of the date of approval;
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;
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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
the Alderwood Village PUD. The final development plan differs slightly from the preliminary
development plan with regard to lot configuration. With the preliminary development plan, the
lots were proposed to be platted with widths of approximately forty-one feet (41 '); the lots are now
proposed to be varied in width, ranging from approximately thirty-seven feet (37') to forty-five
feet (45') wide (as measured at the midpoint between the front and rear property lines). With this
new layout, the applicant intends to provide a greater variety of housing sizes, while still
maintaining the overall character of the development (plan attached for review). It should be
noted that the minimum open space requirements for the development will remain intact since only
the common side lot lines are being adjusted; the total square footage of the lots remains the same.
Considering the proposed lot configuration, it is staff s opinion that this final development plan
and final plat 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 June 2, 2003. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 3 to 0 (Cadwell, Deckers absent) to recommend approval of FPUD-6-03 &
FP-8-03 for a final development plan and final plat approval for Alderwood Village Subdivision
with the following staff recommended site specific conditions of approval:
1. Comply with the conditions noted in the letter from the City Engineer dated May 29,2003.
2. Comply with all requirements of CU-1O-02/PPUD-3-02/PP-6-02, and DR-74-02 (landscape
plans date stamped by the City on March 5, 2003, are the approved plans).
3. 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.
4. Revise the construction drawings to delineate the construction of five-foot (5') wide concrete
sidewalks (separated from the back of curb by a five-foot wide planter strip) abutting all
internal roadways. The plans shall be submitted prior to this item being heard before the
Council.
5. Revise Note No.9 on the final plat to reference a central sewer system rather than a municipal
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or "city" system.
6. The developer shall provide 3-inch minimum caliper shade-class trees along both sides of all
streets within this development. Trees shall be placed at the front of each lot generally located
as shown on the landscape plan date stamped by the City on March 5, 2003. The trees shall be
located in the 5-foot wide landscape strip between the 5-foot wide concrete sidewalk and the
curb. Prior to the City Clerk signing the final plat for each phase, the applicant shall either
install the required trees, sod, and irrigation or provide the City with a letter of credit for 150%
of the cost of the installation of all landscape and irrigation improvements within the 5-foot
wide landscape strip. Trees shall be installed prior to obtaining any occupancy permits for the
homes. A temporary occupancy may be issued if weather does not permit landscaping.
7. Construct curb, gutter and a minimum 5-foot wide meandering concrete sidewalk along State
Street abutting this site generally in the location depicted on the landscape plan date stamped
by the City on May 5, 2003, and extending from the northeast corner of this development to
the northwest corner of the parcel located at 835 West State Street, prior to the City Clerk
signing the final plat.
8. Construct the berm along State Highway 44 abutting this site at a minimum eight-feet (8') in
height (measured from the northern edge of pavement of State Highway 44), as required by the
City Council on May 25, 2003.
9. The setbacks that are reduced from those required in Eagle City Code Section 8-2-4 are as
follows (approved by Council on January 14,2003).
Front 15 feet
Rear 20 feet
Interior Side 6 feet
Street Side 15 feet
Rear lot accessed garages 24-feet
Front entry garages
(Lots 4-7, Block 1)
20-feet
10. As agreed with the approval of the preliminary plat, the applicant shall remove that portion of
the house which extends into the rear yard setback on Lot 2, Block 1, prior to the City Clerk
signing the final plat.
11. The existing shed on Lot 2, Block 1, shall be removed from the site prior to the City Clerk
signing the final plat.
12. All overhead utilities serving the existing dwelling on Lot 2, Block 1, shall be relocated
underground.
13. The applicant shall install "No Parking" signs along one side of the internal roadways, and
plans showing the location of the signs shall be reviewed by the City, prior to the issuance of
any building permits.
14. "No Parking" signs shall be posted within the paved cross access easements, and plans
showing the location of the signs shall be reviewed by the City, prior to the issuance of any
Certificates of Occupancy.
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15. It is recognized the applicant has been annexed into the Eagle Sewer District's service
boundaries, yet the formal court decree document has not been prepared. The applicant shall
provide a copy of the decree prior to this item being heard before the City Council.
16. The applicant shall install a fence along both the eastern and western property lines, extending
the length from the north to the south of the development (with materials as approved by the
Design Review Board on February 13, 2003), prior to the City Clerk signing the final plat.
17. Provide detailed elevations of any structures proposed to house the irrigation pump. The
detailed elevations, colors and materials shall be reviewed and approved by staff and one
member of the Design Review Board prior to the City Clerk signing the final plat.
18. If an individual lot owner wants to vary from the typical landscape design date stamped by the
City on March 5, 2003, which includes one three inch (3") caliper tree per lot and sufficient
plantings to buffer the buildings, a revised landscape plan shall be submitted to the City of
Eagle Planning and Zoning Department for review and approval prior to installation of any
plant material. All required landscaping adjacent to the rear of the houses and adjacent to the
twenty foot (20') wide paved access easement shall be installed prior to the City issuing a
Certificate of Occupancy permit for each home. Revise the CC&R' s to include the
aforementioned condition. Provide a copy of the CC&R' s for review by staff prior to the City
Clerk signing the final plat.
19. Construction fencing shall be installed around all existing trees prior to commencing any site
work. A cup or dam shall be built within the drip line of each tree in order to retain water and
the trees shall be watered on a regular basis. No activity whatsoever shall take place within
the drip line of the trees.
20. Provide a license agreement from ACHD approving the landscaping located within the public
right-of-way of State Street abutting the northern boundary of this site prior to the City Clerk
signing the final plat.
21. The final plat mylar will be required to be free from all errors, prior to the City Clerk signing
the final plat. Multiple misspellings and grammatical errors have been noted within the plat
notes (particularly Note Nos. 13 and 15).
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on May 9, 2003.
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 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;
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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 subdivision are as follows:
Front
Rear
Interior Side
Street Side
Rear lot accessed garages
Front entry garages
(Lots 4-7, Block 1)
15 feet
20 feet
6 feet
15 feet
24-feet
20-feet
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 16th day of June 2003.
PLANNING AND ZONING COMMISSION
OF THE CITY OF EAGLE
Ada County, Idaho
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