Findings - CC - 2006 - FPUD-06-05/FP-10-05 - Corrente Bello Subd/No 1/51 Lot/41.61 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL PLAT )
FOR CORRENTE BELLO SUBDIVISION NO.1)
FOR GEMSTAR DEVELOPMENT, INC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-06-05 & FP-IO-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 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:
Gemstar Development, Inc., represented by Bailey Engineering, is requesting final development plan
and final plat approval for Corrente Bello Subdivision No.1, a 51-lot (38-buildable, 13-common, 1-
existing home) planned residential development. The 41.16-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 Development Agreement and 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
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:
I. 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.
All common area, open space and associated improvements provided within Corrente Bello
Subdivision No.2 are in direct relation to the approval of the Corrente Bello Planned Unit
Development, all required improvements within Corrente Bello Subdivison No.2 should be
constructed or a surety provided prior to the City Clerk signing the final plat for Corrente Bello
Subdivision No. 1.
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.1
PROVIDED WITHIN THE STAFF REPORT:
Staff recommends approval of the final development plan and final plat with the site specific
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-06-05 & FP-I0-05
for a final development plan and final plat for Corrente Bello Subdivision No. I 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 made their
decision at that time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 3 to 0 (Guerber present by telephone conference call, Bandy absent) to approve
FPUD-06-05 & FP-1O-05 for a final development plan and final plat for Corrente Bello
Subdivision No. 1 with the following Planning and Zoning Commission recommended site
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specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer noted with their letter dated February 10,
2006.
2. Comply with all applicable conditions ofRZ-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. All common area improvements within Corrente Bello Subdivision No.2 as specified on DR-
73-05 shall be completed or a surety is provided as required by Eagle City Code 8-2A-18 prior
to the City Clerk signing the final plat.
5. 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.
6. 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.
7. 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.
8. Plat note number 7 shall be changed from city sewer to Eagle Sewer District.
9. Comply with all site specific conditions provided within the Eagle Fire District letter dated,
June 14, 2005.
10. The following setbacks and lot coverage requirements shall apply to Lots 2,3,4,5,7, Block 1:
Maximum Lot Coverage - 35%
Setbacks: Front - 30-feet
Rear - 30- feet
Interior Side - 15-feet
Street side - 30-feet
11. The following setbacks and lot coverage requirements shall apply to Lot 6, Block I:
Maximum Lot Coverage - 10%
Setbacks: Front - 30-feet
Rear - 30- feet
Interior Side - 20-feet
Street side - 35-feet
12. The remainder of the lots within the PUD shall follow the setback and lot coverage
requirements for the R-3 zoning district.
13. The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall
be 15-feet minimum.
14. 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.1, prior to the issuance of any building permits.
15. 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
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the site shall be submitted prior to the issuance of any building permits for the site.
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:
1. 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 POO 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 POO 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 11 th day of April 2006.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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