Findings - CC - 2007 - FPUD-02-07/FP-06/07 - Bellewood Subd/21 Lot/4.90 Acre 3855 Flint Drive
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BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR BELLEWOOD SUBDIVISION FOR )
TOM RICKS )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-02-07 & FP-06-07
The above-entitled final development plan and final plat applications came before the Eagle City Council for
their decision on November 20,2007. 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:
Tom Ricks, represented by Eugene Smith, P.E., with Engineering North West, LLC, is requesting final
development plan and final plat approval for Bellewood Subdivision (a phase of Bellemeade Planned
Unit Development), a 21-lot (l5-buildable, 6-common) planned unit development. The 4.90-acre site
is located on the south side of Flint Drive at 3855 West Flint Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 17, 2007.
C. HISTORY:
On September 27,2005, the Eagle City Council approved a conditional use pennit, preliminary
development plan, and preliminary plat (CU-07-05/PPUD-03-05/PP-09-05) for Bellemeade
Planned Unit Development. Note: Thisjinal development plan andjinal plat application is a
phase of the Bellemeade PUD.
On May 8, 2007, the Eagle City Council approved a Design Review application for this site
(DR-87-06 & DR-88-06).
On October 2,2007, the Eagle City Council approved a final plat extension of time for
Bellemeade Subdivision.
D. PRELIMINARY PUD/PLA T FINDINGS:
City Council Findings of Fact and Conclusions of Law dated September 27, 2005, are attached to the
staff report and 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;
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2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated with in one year of the date of approval;
b. Each individual phase ofthe 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
F. 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 pennit.
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 from the
preliminary development plan and preliminary plat.
Per direction by the City Council, the applicant has provided documentation from the Anny Corps of
Engineers regarding the requirement of a 404-Permit for this site.
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 B (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.
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REVIEW BY THE COUNCIL:
A review by the City Council was completed on November 20, 2007. 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-02-07 & FP-06-07, for a final development plan and final plat for
Bellewood Subdivision with the following staff recommended site specific conditions of approval.
SITE SPECIFIC CONDITIONS OF APPROVAL:
I. Comply with all conditions of the City Engineer.
2. Comply with all applicable conditions of CU-7-05/PPUD-3-05/PP-9-05.
3. Comply with the conditions ofDR-87-06 & DR-88-06.
4. The applicant shall place a note on the final plat stating that all common areas are to be owned
and maintained by the Bellewood Homeowners Association. The applicant shall provide a
copy of the CC&Rs (which include a formal statement regarding the common areas) for
review and approval by the City Attorney prior to the City Clerk signing the final plat. The
CC&Rs for the Bellewood Homeowners Association shall provide that the association shall
have the duty to maintain and operate all the common landscape areas in the subdivision in a
competent and attractive manner, including the watering, mowing, fertilizing and caring for
shrubs and trees, in accordance with Eagle City Code, in perpetuity.
5. The applicant shall submit payment to the City for all Engineering fees incurred for reviewing
the project, prior to the City Clerk signing the final plat.
6. The applicant shall record the subdivision CC&R's in the office ofthe Ada County Recorder
prior to the sale of the first lot. The applicant shall provide the City a copy of the recorded
CC&R's prior to the issuance of any building permits.
7. Provide a license agreement from ACHD approving the landscaping located within the public
right-of-ways, prior to the City Clerk signing the final plat.
8. The applicant shall place at the entrance to Bellewood Subdivision 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 of3-feet above the ground) noticing contractors to clean up daily, no loud music,
and no dogs off leash.
9. Construction fencing shall be installed (pursuant to the City Forester's direction) to protect all
trees that are to be preserved on the site, prior to the commencement of any construction. No
activity whatsoever shall take place within the drip line of the trees.
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.
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11. All overhead utilities serving the site shall be located underground.
12. Provide two (2) full size copies and one (1) 8 Yz x 11 reduction ofthe recorded plat prior to
issuance of any building permits.
CONCLUSIONS OF LAW:
A. The application for this item was received by the City of Eagle on May 17,2007.
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 ofthe 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 ofthe 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;
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 5th day of December 2007.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Id ho
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