Findings - CC - 2006 - FPUD-07-05/FP-11-05 - Corrente Bello Subd 2/89 Lot/43.44 Acre
OR1GINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT )
FOR CORRENTE BELLO SUBDIVISION NO.2)
FOR GEMSTAR DEVELOPMENT, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-07-05 & FP-ll-05
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on March 14, 2006. The Council continued the item to March 21, 2006, and made their
decision at that time. 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:
Corrente Bello, LLC, represented by Bailey Engineering, is requesting final development plan and
final plat approval for Corrente Bello Subdivision No.2, an 89-lot (71-buildable and 18-common)
planned residential development. The 43.44-acre site is located on the north side of Floating Feather
Road approximately Y2-mile west of Eagle Road.
B. HISTORY:
The City Council approved the PUD for Corrente Bello Planned Unit Development (RZ-7-05/CU-3-
05/PPUD-2-05/PP-7-05) on September 13,2005. The Findings of Fact and Conclusions of Law for
the rezone, conditional use permit, preliminary plat, and preliminary development plan are attached to
the staff report.
C. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated September 13,2005, are attached to the
staff report and are incorporated herein by reference.
D. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 B:
The Council and 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
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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. The
final development plan and final plat show that there have been no significant changes to the
preliminary development plan and preliminary plat.
It is staffs opinion that this final development plan 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 and that the final plat will be in substantial compliance with the preliminary plat with the
conditions herein.
STAFF RECOMMENDATION REGARDING CORRENTE BELLO SUBDIVISION NO.2
PROVIDED WITHIN THE STAFF REPORT:
Staffrecommends approval of the final development plan and final plat with the conditions of
approval provided within the staff report:
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on February 27, 2006. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 (Lien absent) to recommend approval of FPUD-07-05 & FP-11-05
for a final development plan and final plat for Corrente Bello Subdivision No. 2 with the staff
recommended site specific conditions of approval provided within their findings of fact and
conclusions of law document dated March 6, 2006.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on March 14,2006. The Council continued the item
to March 21, 2006, and made their decision at that time. The minutes are incorporated herein by
reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Bandy absent) to approve FPUD-07-05 & FP-II-05 for a final
development plan and final plat for Corrente Bello Subdivision No.2 with the following Planning
and Zoning Commission recommended site specific conditions of approval with underlined text to
be added by the Council:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions ofthe City Engineer noted within their letter dated on February 7,
2006.
2. Comply with all applicable conditions of RZ-7-05/CU-3-05/PPUD-2-05/PP-7-05.
3. Comply with the conditions ofDR-73-05, DR-77-05 and DR-02-06 and any subsequent
Design Review approvals associated with this development.
4. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
this project, prior to the City Clerk signing the final plat.
5. Any new subdivision signage, sign lighting, and sign landscaping shall be reviewed and
approved by the Design Review Board prior to the City Clerk signing the final plat.
6. The applicant shall provide a license agreement from ACHD approving the landscaping and
entry structure located within the public rights-of-way abutting and within this site, prior to the
City Clerk signing the final plat.
7. Plat note number 7 shall be changed from city sewer to Eagle Sewer District.
8. Plat note number 10 shall be changed from Lot 35, Block 1, to Lot 34, Block 1.
9. Within the Legend, Page 1 of 6. ACHD Storm Drain Easement shall be changed from See
Note 10 to See Note 9.
10. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
June 14, 2005.
11. The following setbacks and lot coverage requirements shall apply to Lots 27-33, Block 1:
Maximum Lot Coverage - 35%
Front - 30-feet
Rear - 30-feet
Interior Side - 15-feet
Street side - 30-feet
12. The following setbacks and lot coverage requirements shall apply to Lots 24 and 25, Block I:
Maximum Lot Coverage - 10%
Setbacks:
Front - 30-feet
Rear - 30-feet
Interior Side - 20- feet
Street side - 35-feet
13. The remainder of the lots within the PUD shall follow the setback and lot coverage
requirements for the R-3 zoning district.
Setbacks:
14. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall
be 15-feet minimum.
15. Provide a copy of the recorded CC&R's for the subdivision, two (2) full size copies of the
recorded final plat, and an 8 Y2" x 11" recorded copy of the recorded final plat of Corrente
Bello Planned Unit Development, No.2, prior to the issuance of any building permits.
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16. 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.
17. Upon approval bv the owner the applicant shall move the existing drivewav at 1087 W.
Floating Feather Road to another acceptable location on the propertv so that additional
landscape screening can be installed so as to mitigate the effects of car lights. noise. etc.
created from the construction of Corrente Bello Avenue. The drivewav approach and
landscape screening shall be installed prior to the Citv Clerk signing the final plat.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on September 26, 2005.
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:
I. The first phase of 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 since the principal road serving the development is designed
as a urban collector and;
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 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.
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DATED this 11th day of April 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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