Findings - CC - 2007 - FPUD-05-06/FP-12-06 - Bellaterra Phase 1/41 Lot/21.72 Acre
ORIGINAL
BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR BELLA TERRA SUBDIVISION )
PHASE NO.1 FOR TED MARTINEZ )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-OS-06 & FP-12-06
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 16, 2007. 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:
Ted Martinez, represented by Jason Densmer with The Land Group, Inc., is requesting final
development plan and final plat approval for Bellaterra Subdivision Phase I, a 4 I -lot (34-buildable. 7-
common) residential subdivision. This 21. 72-acre site is located on the east side of North Linder Road
approximately one quarter mile north of West Floating Feather Road.
B. HISTORY:
The City Council approved the PUD for Bellaterra Subdivision (A-17-05/RZ-24-05/CU-14-05/PPUD-
7-05/PP-16-05) on April I I, 2006. 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/PLA T FINDINGS:
City Council Findings of Fact and Conclusions of Law dated April II, 2006, are attached to the stafT
report and are incorporated herein by reference.
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 stabilily 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.
ST AFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
The City Engineer and Planning staff has 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.
The Findings of Facts and Conclusions of Law approved by the City Council for Bellaterra
Planned Unit Development (A-17 -05/RZ-24-05/CU-14-05/PPUD-7 -05/PP-16-05), Site Specitic
Condition of Approval No.7 required a revised prehminary development plan/prehminary plat be
provided showing traffic calming devices to be located on Bella Terra Drive pnor to submittal of a
final development plan/final plat. The applicant has not provided a revised preliminary
development plan/prehminary plat showing traffic calming devices located within Bella Terra
Drive. The narrative date stamped by the City on August 23,2006, addressing how the conditions
of approval have been complied with indicates traffic calming for Bella Terra Drive will bc
accomphshed utilizing stamped concrete paver crossings with textural and color variation to
identify pedestrian crossing points.
The final plat shows the city pathway easement and references the dedication of the easement to be
plat note NO.9. The easement note is actually referenced in plat note No. 10. The apphcant should
remove plat note No. 10 and dedicate the city pathway easement per a separate legal descripllon to
be recorded as a separate instrument and acknowledged on the face of the final 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.
REVIEW BY THE COMMISSION:
A review by the Planning and Zoning Commission was completed on December 4, 2006. The
Commission made their recommendation at that time. The minutes are incorporated herein by
reference.
COMMISSION DECISION:
The Commission voted 4 to 0 to recommend approval of FPUD-05-06 & FP-12-06 for a tinal
development plan and final plat for Bellaterra Subdivision No. I with the staff recommended site
specific conditions of approval provided below.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on January 16, 2007. The Council made their deciSIOn at
that time. The minutes are incorporated herein by reference.
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COUNCIL DECISION:
The Council voted 3 to 0 (Nordstrom absent) to approve FPUD-OS-06 & FP-12-06 for a final
development plan and final plat for Bellaterra SubdivisIOn Phase No. I wlth the following
Planning and Zoning Commission recommended site speci fie conditions of approval
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions of the City Engineer's letter dated October 2, 200S.
2. Comply with all applicable conditions of CU-14-0S/PPUD-7-05/PP-I 6-05.
3. Comply with all applicable conditions ofDR-34-06.
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.
S. The applicant shall provide a license agreement from ACHD approving landscaping located
within the public rights-of-way abutting and within this site, prior to the City Clerk signmg the
final plat.
6. Remove plat note No. 10 and place a note on the final plat referencing the instrumenl number
for the required pathway easement bordering the eastern portIOn of this development and
adjacent to the Chevron Pipeline in the northeast portion of the development. The note shall
further state that the 2S-foot wide easement is for the use by the general public for pedestnan,
equestrian and other non-motorized access in favor of the City of Eagle.
7. The applicant shall provide an approval letter or license agreement from Drainage District No.
2 for work commenced within Drainage District No. 2 easements pnor to the City Clerk
signing the final plat.
8. The building setbacks within BellatelTa Subdivision PUD Phase No. I shall comply with the
following:
All lots smaller than 17,000 square feet in size shall have the following setbacks and lot
coverage requirements:
Setbacks:
Front
Rear
Interior Side
Street Side
Maximum Coverage
20'
2S'
7.5' (additionaIS' two-story)
20'
40%
All lots 17,000 square feet and greater shall meet the setbacks and lot coverage of the R-2
Zone as follows:
Setbacks:
Front
Rear
Interior Side
Street Side
Maximum Coverage
30'
30'
10' (additional S' two-story)
20'
40%
The side setback for homes adjacent to the pathway located on Lot 6 and 7, Block 3, shall be
setback a minimum of fifteen feet (15') from the paved portion of the pathway.
9. 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 BellatelTa
Subdivision Phase I, prior to the issuance of any building permits.
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10. The applicant shall provide documentation that "Digline" has been contacted prior to the
commencement of any subsurface construction.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on August 23, 2006.
B. In accordance Eagle City Code Section 8-6-6-3(8) the Commission finds that the facts submitted with
the application and presented to the Commission, with the conditlOns 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 Llses will
not be detrimental to present and potential surroundmg uses, but will have a beneficIal effeCl
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 lhe
street network outside the PUD;
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 Llses, 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.
DA TED this 23rd day of January 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
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