Findings - CC - 2018 - RZ-09-18/CU-03-05MOD/PPUD-02-05MOD/PP-08-18 - Rezone, Conditional Use Permit Modification & Pp For Corrente Bello Sub No 3BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A REZONE, CONDITIONAL USE PERMIT
MODIFICATION, PRELIMINARY
DEVELOPMENT PLAN MODIFICATION, AND
PRELIMINARY PLAT FOR CORRENTE BELLO
SUBDIVISION NO. 3 FOR D & N INVESTMENTS, LLC
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-18
The above -entitled rezone, conditional use permit modification, preliminary development plan
modification, and preliminary plat applications came before the Eagle City Council for their consideration
on September 25, 2018. The applications were continued to the October 23, 2018, meeting at which time
public testimony was taken and the public hearing was closed. The Eagle City 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:
D & N Investments, represented by Mark Butler, is requesting a rezone from R -3-P (Residential —
PUD) to R -3 -DA -P (Residential with a development agreement — PUD), conditional use permit
modification, preliminary development plan modification, and preliminary plat approvals for
Corrente Bello Subdivision No. 3, a 15 -lot (12 -buildable, 1 -existing house, 2-common)(a re-
subdivision of Lot 20, Block 2, Corrente Bello Subdivision No. 1) residential planned unit
development. The 9.58 -acre site is located on the north side of West Floating Feather Road
approximately 340 -feet west of the intersection of North Moon Bello Way and West Floating
Feather Road at 1400 West Floating Feather Road.
B. APPLICATION SUBMITTAL:
A Neighborhood Meeting was held at Eagle City Hall (Freedom Room) at 6:00 PM, on Wednesday,
August 16, 2017, in compliance with the application submittal requirement of Eagle City Code.
The applications for this item was received by the City of Eagle on August 21, 2017. Supplemental
engineering information was provided to the City on August 15, 2018, to address concerns
identified within the City Engineer's letter, dated July 30, 2018.
C. NOTICE OF PUBLIC HEARING:
Notice of Public Hearing on the application for the Eagle Planning and Zoning Commission was
published in accordance with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle
City Code on August 3, 2018. Notice of this public hearing was mailed to property owners within
three -hundred feet (300 -feet) of the subject property in accordance with the requirements of Title
67, Chapter 65, Idaho Code and Eagle City Code on July 31, 2018. Requests for agencies' reviews
were transmitted on July 17, 2018, in accordance with the requirements of the Eagle City Code.
The site was posted in accordance with the Eagle City Code on August 8, 2018.
Notice of Public Hearing on the application for the Eagle City Council was published in accordance
with the requirements of Title 67, Chapter 65, Idaho Code and the Eagle City Code on September
10, 2018. Notice of this public hearing was mailed to property owners within three -hundred feet
(300 -feet) of the subject property in accordance with the requirements of Title 67, Chapter 65,
Idaho Code and Eagle City Code on September 6, 2018. The site was posted in accordance with
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the Eagle City Code on September 13, 2018.
D. HISTORY OF PREVIOUS ACTIONS:
On August 9, 2005, the Eagle City Council approved a rezone, conditional use permit, preliminary
development plan, and preliminary plat applications for Corrente Bello Subdivision (RZ-07-
05/CU-03-05/PPUD-02-05/PP-04-05).
On October 18, 2005, the Eagle City Council approved a design review application for the common
area landscaping within Corrente Bello Planned Unit Development (DR -77-05).
On November 9, 2005, the Eagle City Council approved a design review application for four
monument signs within Corrente Bello Planned Unit Development (DR -73-05).
On March 14, 2006, the Eagle City Council approved the final development plan and final plat
for Corrente Bello Subdivision No. 1 (FPUD-10-05/FP-06-05).
On March 21, 2006, the Eagle City Council approved the final development plan and final plat for
Corrente Bello Subdivision No. 2 (FPUD-11-05/FP-07-05).
On October 18, 2005, the Eagle City Council approved a design review application for the common
area landscaping within Corrente Bello Planned Unit Subdivision (DR -77-05).
On May 9, 2006, the Eagle City Council approved a design review application to modify the
Common Area Landscaping within Corrente Bello Planned Unit Subdivision (DR -25-06).
On May 13, 2008, the Eagle City Council approved a modification to the design review application
for the common area landscaping within Corrente Bello Planned Unit Development (DR -77-05
MOD).
On October 27, 2009, the Eagle City Council approved a modification to the design review
application for the common area landscaping within Corrente Bello Planned Unit Development
(DR -77-05 MOD2).
On December 13, 2012, the development agreement associated with the Corrente Bello Planned
Unit Development property expired.
On October 8, 2013, the City Council approved a preliminary plat for Collina Bello Subdivision
for Providence Properties, LLC (PP -07-13).
On October 23, 2014, the preliminary plat approval expired.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS (Table
information based on the entire Corrente Bello planned unit development):
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Large Lot R -3-P (Residential —
Residential and PUD)
Residential
Transition Overlay
Proposed
North of site
South of site
East of site
West of site
No Change
Large Lot
Residential and
Estate Residential
Large Lot
Residential,
Residential
Transition Overlay,
and Public/Semi-
Public
Large Lot
Residential,
Residential
Transition Overlay,
and Public/Semi-
Public
Large Lot
Residential
R -3 -DA -P (Residential
with a development
agreement and PUD)
R -E (Residential —
Estates)
PS (Public/Semi-Public)
and R -1 -DA (Residential
with a development
agreement)
PS (Public/Semi-Public)
and RUT (Rural -Urban
Transition — Ada County
designation)
R -E (Residential —
Estates)
Single-family residential
(Corrente Bello Planned
Unit Development)
Single -Family, Residential
Planned Unit Development
Single-family residential
(Academy Place
Subdivision)
Eagle Middle School and
Covenant Hill Subdivision
Eagle Middle School and
vacant land
Single-family residential
(Hesse, Oakley Estates, and
Academy Place
Subdivisions)
G. DESIGN REVIEW OVERLAY DISTRICT: Not in the DDA, TDA, CEDA or DSDA.
H. SITE DATA (overall site associated with the Corrente Bello planned development shown in italic):
Acreage of Site (phase 3 only) — 9.58 -acres
Total Acreage (entire Corrente Bello development including phase 3) — 94.89
Number of Lots (phase 3 only) — 15
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Residential — 13
12 -buildable
1 -existing house
Commercial — 0
Industrial — 0
Common — 2
Number of Lots (entire Corrente Bello development including phase 3)— 151
Residential — 121
Commercial — 0
Industrial — 0
Common — 30
Total Number of Units (phase 3 only) — 13
Single-family — 13
12 -buildable
1 -existing house
Duplex — 0
Multi -family — 0
Total Acreage of Any Out -Parcels —
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Additional Site Data
Dwelling Units Per Gross Acre
Minimum Lot Size
Minimum Lot Width
Minimum Street Frontage (for Lots
adjacent to a street)
Total Acreage of Common Area
Open Space
Percent of Site as Common Area
Open Space
Proposed
1.27 -dwelling units per acre
(overall, including this phase)
1.36 -dwelling units per acre
(phase 3 only — 13 units/9.58
acres)
13,332 -square feet
85 -feet
41 -feet
0 -feet for Lot 14 served by a
shared driveway
16.4 -acres (entire Corrente
Bello PUD)**
22.86% (entire Corrente Bello
PUD minus the area of the lots
larger than 37,000 -square
feet)**
Required
Up to 1.29 -dwelling units
per acre maximum*
13,330 -square feet (as
limited within the
development agreement)
75 -feet
35 -feet
14.34 -acres (entire
Corrente Bello PUD
minus the area of the lots
larger than 37,000 -square
feet)
20%
Except that, according to
ECC Section 9-3-8 (C) the
City may require
additional public and/or
private park or open space
facilities in PUDs or in
subdivisions with 50 or
more lots.
* Based on the overall density identified within the comprehensive plan.
**Inclusive of Corrente Bello Subdivision No. 3 open space lot and planter strips.
I. GENERAL SITE DESIGN FEATURES:
Open Space: 12.16 -acres proposed; 18.98 -acres required (entire Corrente Bello PUD)
Storm Drainage and Flood Control:
Specific drainage system plans are to be submitted to the City Engineer for review and approval
prior to the City Engineer signing the final plat. The plans are to show how swales, or drain piping,
will be developed in the drainage easements. Also, the CC&Rs are to contain clauses to be
reviewed and approved by the City Engineer and City Attorney, requiring that lots be so graded
that all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross
any lot line onto another lot except within a drainage easement.
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Utility and Drainage Easements, and Underground Utilities:
The preliminary plat, date stamped by the City on July 5, 2018, does not note or delineate any
easements.
Fire Hydrants and Water Mains:
Hydrants are to be located and installed as required by the Eagle Fire District. The subdivision will
be served by Suez Water.
On-site Septic System:
There is an existing septic system that currently serves the house located at 1400 Floating Feather
Road. The septic system is proposed to be abandoned during construction of the subdivision. The
existing house is proposed to be connected to central sewer.
Preservation of Existing Natural Features:
Staff is not aware of any existing natural features on the site which would be required to be
preserved.
Preservation of Existing Historical Assets:
Staff is not aware of any existing historical assets on the site. If any historical artifacts are
discovered during excavation or development of the site, state law requires immediate notification
to the state.
J. STREET DESIGN:
Public Streets:
The preliminary plat, date stamped by the City on July 5, 2018, shows a typical street section with
a 63 -foot right-of-way inclusive of a 33 -foot wide roadway section (as measured from back of curb
to back of curb) with vertical curbing, eighth -foot wide landscaping strips and five-foot wide
separated sidewalks located on each side of the street. The street section also shows 2 -feet located
within the right-of-way between the back of sidewalk and the property line.
Applicant's Justification for Private Streets (if proposed): None proposed.
Blocks Less Than 500': None.
Cul-de-sac Design:
The preliminary plat, date stamped by the City on July 5, 2018, shows one (1) cul-de-sac associated
with the proposed development. The proposed cul-de-sac is approximately 360 -feet in length
(measured from the boundary of the proposed development) and terminates in cul-de-sac with a
radius of
Sidewalks:
A detached five-foot (5') wide concrete sidewalk is proposed abutting the planter strips located
within the proposed right-of-way on both sides of all interior public roadways.
Curbs and Gutters:
Curbs and gutters which meet Ada County Highway District standards are proposed for the interior
streets.
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Lighting:
Lighting for the proposed public streets is required. Location and lighting specifications
incorporating a "Dark Sky" style of lighting shall be provided to the City Zoning Administrator
prior to the submittal of the final plat. Any modifications made to the lighting shall be completed
before the final plat approval.
Street Names:
Street names should be approved by the Ada County Street Naming Committee prior to submittal
of a final plat application.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: see preliminary plat, date stamped by the City on July 5, 2108, for pathway
locations.
Bike Paths:
Eagle City Code section 9-4-1-7 states that a bicycle pathway shall be provided in all subdivisions
as part of the public right-of-way or separate easement, as may be specified by the City Council.
L. PUBLIC USES PROPOSED: None proposed.
M. PUBLIC USES SHOWN ON FUTURE ACQUISITIONS MAP: No map currently exists.
N. SPECIAL ON-SITE FEATURES:
Areas of Critical Environmental Concern — none
Evidence of Erosion — no
Fish Habitat — no
Floodplain — no
Mature Trees — yes
Riparian Vegetation — no
Steep Slopes — yes
Stream/Creek — no
Unique Animal Life — no
Unique Plant Life — no
Unstable Soils — no
Wildlife Habitat — no
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
The following agencies have responded and their correspondence is attached to the staff report.
Comments which appear to be of special concern are noted below:
City Engineer: All comments within the engineer's letter dated July 30, 2018, are of special concern
(attached to the staff report).
Ada County Highway District (ACHD)
Andeavor (formerly known as Tesoro Logistics)
Boise River Flood Control District #10
Central District Health Department
City of Eagle Parks and Recreation Department
Drainage District #2 (Represented by Sawtooth Law Offices, LLP)
Department of Environmental Quality
Eagle Fire Department
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Q.
Idaho Transportation Department
LETTERS FROM THE PUBLIC (attached to the staff report):
Correspondence received from Robert L. Rose, date stamped by the City on August 10, 2018.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant is proposing to construct the subdivision in one (1) phase.
S. EAGLE CITY CODE FINDINGS FOR A PLANNED UNIT DEVELOPMENT PRELIMINARY
DEVELOPMENT PLAN AND CONDITIONAL USE PERMIT:
1. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
2. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
3. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
4. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
5. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
6. That the development will not create excessive additional requirements at public cost for public
facilities and services.
7. That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
8. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
9. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
10. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
11. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
12. That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
In cased of large - scale PUDs (incorporating fifty (50) or more lots or dwelling units):
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13. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
14. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
15. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
16. That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
STAFF ANALYSIS PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
6.3 Land Use Designations:
The Comprehensive Land Use Map (adopted November 14, 2017), designates this site as the
following:
Large Lot Residential
Suitable primarily for single family residential adjacent to Estate Residential uses. Densities range
from 1 unit per acre to 1 unit per 2 acres. Infrastructure such as sewer and water are required for
densities higher than 1 unit per 2 acres. Open spaces and parks in this area will be generally limited.
Land uses in this category will tend to appear as suburban large lot and generally less agrarian than
the Estate Residential and Agricultural/Rural designations.
Residential Transition Overlay
Residential development that provides for a transition between land use categories and uses.
Commonly requires a transition/change in density, lot sizing, and building scaling with a specific
parcel or project. Base densities may be reduced or units may be clustered to increase open space
within a portion of a site when property is in this overlay. Neighborhood design will be paramount
in this overlay to ensure appropriate transition between uses. See specific planning areas for further
description.
6.12 Middle School Planning Area
The property is located within the Middle School Planning Area.
6.12.1 Middle School Land Uses.
A. The land use designation in the Eagle Middle School Planning Area is Neighborhood
Residential with a Residential Transition Overlay. Allowing minimum lots sizes of 13,330
sq. ft. adjacent to the school site.
B. Transitional densities, feathering, and lot sizing should be used to ensure compatibility to
the North and West of the planning area. Development should include 1 to 1.5 -acre lots at
the perimeter of the planning area adjacent to existing large lot development outside of the
planning area.
C. The overall residential density of any development in the Middles School Planning area
should be up to 1 to 1.29 units per acre.
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B. ZONING ORDINANCE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 8-6-3: OWNERSHIP REQUIREMENTS:
An application for approval of a PUD may be filed by a property owner or a person having an
existing interest in the property to be included in the PUD. The PUD application shall be filed
in the name or names of the recorded owner or owners of property included in the development.
However, the application may be filed by the holder(s) of an equitable interest in such property.
Before approval is granted to the final development plan, the entire project shall be under single
ownership or control. Documentation showing single ownership or control shall be presented
with the final development plan application.
• Eagle City Code Section 8-6-5-2: COMMON AREA OPEN SPACE:
A. Required Common Area Open Space: A minimum of twenty percent (20%) of the gross
land area developed in any residential PUD project shall be reserved for common area open
space and recreational facilities for the residents or users of the area being developed.
B. Active Open Space: A minimum of fifteen percent (15%) of the common area open space
shall be developed as active open space, as defined in title 9 of this code.
C. Compliance: All common area open space shall be evaluated for its compliance with the
following:
1. Landscaping: Streetscape, open spaces and plazas, use of existing landscaping,
pedestrianway treatment and recreational areas;
2. Siting: Visual focal points, use of existing physical features such as topography, view,
sun and wind orientation, circulation pattern, physical environment.
D. Direct Access: A minimum of fifty percent (50%) of all lots shall be designed to be adjacent
to, or at a minimum, have direct access to common area open space. The term "direct
access" means all building lots are to be located a maximum of two hundred fifty feet (250')
away from a pathway connecting to a common area open space lot. Building lots separated
from a common area open space lot by a local roadway shall be deemed to have achieved
direct access. The required planter strip located between the sidewalk and the street will
not be permitted to fulfill this requirement.
C. SUBDIVISION ORDINANCE PROVISIONS WHICH OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
• Eagle City Code Section 9-3-6: Easements:
A. Unobstructed utility easements shall be provided along front lot lines, rear lot lines and side
lot lines. Total easement width shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
B. Unobstructed drainageway easements shall be provided in conjunction with the utility
easement along side lot lines or as required by the city council. Total easement width,
including the utility easement, shall not be less than twelve feet (12'), except that lesser
easement widths, to coincide with respective setbacks, may be considered as part of the
planned unit development.
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• Eagle City Code Section 9-3-8(D): Common Area Open Space:
4. Ownership And Management Of Open Space:
a. Ownership Of Open Space: The applicant must identify the owner of the open space
who is responsible for maintaining the open space and facilities located thereon. If a
homeowners' association is the owner, membership in the association shall be
mandatory and automatic for all homeowners of the subdivision and their successors.
If a homeowners' association is the owner, the homeowners' association shall have lien
authority to ensure the collection of dues from all members. The responsibility for
maintaining the open space and any facilities located thereon shall be borne by the
owner.
• Eagle City Code Section 9-3-10: Fences:
Any fencing located adjacent to common area open spaces and on the street side of all corner
lots shall be an open fencing style such as wrought iron or other similar decorative style, durable
fencing material. Specific buffer area fences and decorative walls may be allowed as otherwise
required in subsection 8 -2A -7J of this code. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted within the above designated areas. A section
within the subdivision CC&Rs shall be created for the regulation of fences to this effect.
• Eagle City Code Section 9-4-1-9: WATER SUPPLY AND SEWER SYSTEMS:
C. Pressurized Irrigation Facilities:
1. All residential dwelling units shall be provided with a pressurized irrigation system
to be served with irrigation water unless a waiver, as outlined herein, is approved by
the city council.
The city has adopted supplemental standards and regulations (titled "Pressure
Irrigation Standards", incorporated herein by reference and available at Eagle city
hall) pertaining to the design, construction and maintenance of pressurized irrigation
systems. Plans and documents reflecting the required standards and regulations shall
be submitted with the application for a preliminary plat.
The following design requirements and the requirements provided within the
supplemental "Pressure Irrigation Standards" shall apply to the pressurized irrigation
system. These standards shall supplement all other regulations, and where at variance
with other laws, regulations, ordinances or resolutions, the more restrictive
requirements shall apply. The council may determine that revisions to the
supplemental standards are warranted and make such revisions by act of a resolution.
a. The pressurized irrigation system may have a backup connection to a potable water
system with the approval of the city, city engineer, and the potable water purveyor,
and the installation of a state approved reduced pressure backflow prevention
assembly or an air gap separating the irrigation system and the potable water
system. The operation, maintenance, associated costs, and annual inspection of the
backup connection and the backup system's reduced pressure backflow prevention
assembly shall be the responsibility of the entities as determined in "Pressure
Irrigation Standards" of this section. Individual backup connections to individual
lots by individual lot owners shall be prohibited with the exception of the common
area lots owned and maintained by the homeowners' association.
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b. The pressurized irrigation system shall be designed by a licensed professional
engineer registered in the state of Idaho, and the construction plans for the system
shall be reviewed and approved by the city engineer.
2. The requirement for installation of a pressurized irrigation system may be waived by
the city council when the applicant has established that any of the following situations
exist (the sale or transfer of an existing water right shall not be grounds for requesting
a waiver pursuant to this provision):
a. Where a sufficient surface irrigation water right does not exist for the property. The
lack of surface irrigation water right shall be documented in writing by the
appropriate irrigation district or canal company and the department of water
resources and shall be submitted with the subdivision preliminary plat. In this case
a waiver shall only be granted for that portion of the subdivision that cannot be
served.
b. Where an existing surface water right cannot be delivered to the property by an
irrigation district or canal company due to current delivery capacity or scheduling.
In these situations the city council may still require the installation of the pressure
irrigation system, provided water rights can be made available to the property and
delivery system modifications can be made so irrigation water can be supplied
within two (2) years.
c. Where the applicant has provided for another means of delivery such as flood
irrigation, if approved by the city engineer. The applicant shall present the
proposed alternative delivery system to the city engineer at the time the waiver is
requested.
d. That due to the specific circumstances surrounding a new subdivision, the cost of
obtaining water rights, reestablishing water rights or developing the system would
impose an undue economic hardship on the developer. For purposes of this section,
an undue economic hardship shall consist of a showing that the cost per lot to
develop the pressurized irrigation system would be twenty five percent (25%)
higher than the cost per lot for providing a pressurized irrigation system to
subdivisions of similar size and density constructed in the city within the previous
two (2) years; or the cost per lot of the pressurized irrigation system would exceed
five percent (5%) of the expected per lot market value of the subdivision.
The developer shall bear the burden of providing documentation, acceptable to the
city engineer and city council, demonstrating and supporting the estimated costs
of construction of the pressurized irrigation system, and the cost per lot for
irrigation systems in those subdivisions built in the last two (2) years as noted
above, and the expected market value of the subdivision lots. For phased
developments, costs will be analyzed over all phases of the development rather
than the first phase only.
3. Should installation of a pressurized irrigation system be waived by the city engineer,
as outlined herein, compliance to Idaho Code 31-3805 is still required.
4. Requests for waivers shall be submitted to the city with the preliminary plat application
and shall be accompanied by an irrigation report, prepared by a licensed Idaho
registered professional engineer, stating the location and availability of surface
irrigation water and documenting the basis for the waiver request. If applicable, the
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irrigation report shall be accompanied by a letter from the irrigation district or canal
company stating that water rights and/or a delivery system are not available to the
property.
D. DISCUSSION (based on the preliminary plat and development plan, date stamped by the City on
July 5, 2018):
• The applicant is proposing to redevelop Lot 20, Block 2, Corrente Bello Subdivision No. 1. To
do so, the applicant has submitted applications to modify the original PUD approval for
Corrente Bello (rezone with development agreement, conditional use permit modification,
preliminary development plan modification, and a new preliminary plat for phase 3). The
original PUD approval for Corrente Bello included a condition of approval which stated, "Lot
20, Block 2 (existing house), shall be included in the final plat for phase one. Lot 20, Block 2,
will not be permitted additional dwelling units and shall not be reduced in size below 9.5 -
acres."
This condition can only be changed by City Council approval of a PUD modification, which is
the subject of this application. The City Council has the sole authority to approve, approve with
conditions, or deny the modification.
• The applicant is working with the existing Corrente Bello Homeowner's Association (HOA)
to include/incorporate this phase into the existing HOA so that the overall open space and
pressurized irrigation facilities may be shared. As conditioned herein, the existing Corrente
Bello HOA/ACC will provide architectural control committee oversight for the design of the
new homes. Site specific conditions of approval are included herein that require phase 3
inclusion into the existing HOA.
• Plat note #3 of the preliminary plat states, "A pressurized irrigation water use agreement shall
be executed between Corrente Bello Subdivision No. 3 and the Corrente Bello Homeowners
Association." The plat note does not address the maintenance of the pressurized irrigation
system. The applicant should be required to provide a revised preliminary plat with plat note
#3 revised to state, "This subdivision contains a pressurized irrigation system which will be
owned and operated by the Corrente Bello Homeowners Association." The revised preliminary
plat should be provided prior to submittal of final development plan/final plat applications.
• The preliminary plat does not contain a plat note identifying the open space (common) lots and
the responsibility of maintenance of the common lots. Pursuant to Eagle City Code Section 9-
3-8(D)(4)(a), the applicant is required to identify the owner of the open space who is
responsible for the maintaining the open space and facilities located thereon. Plat note #5 states,
"Lots 5 & 10 are to be designated as blanket utility, irrigation, drainage, pathway and
ingress/egress easements. All other lots are to be designated single-family residential." Since
the two lots are not designated as single-family residential it appears they are common lots.
The applicant should be required to provide a revised preliminary plat with plat note #5 revised
to state, "Lots 5 & 10, Block 1, are designated as common area lots and will be owned and
maintained by the homeowners association and/or assigns. These lots shall have a blanket
public utilities, drainage, and irrigation easement over the entirety of the lot." The revised
preliminary plat should be provided prior to submittal of final development plan/final plat
applications.
• The preliminary plat does not contain plat notes addressing the following items: 1) locations of
public utility, drainage, and irrigation easements, 2) the subdivision is subject to a development
agreement, 3) building setbacks, 4) re -subdivision of the property, and 5) direct lot access to
West Floating Feather Road. The applicant should be required to provide a revised preliminary
plat with new plat notes addressing the aforementioned items, as conditioned herein. The
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revised preliminary plat should be provided prior to submittal of final development plan/final
plat applications.
STAFF RECOMMENDATION PROVIDED WITHIN THE STAFF REPORT:
Based upon the information provided to date, staff recommends approval of the conditional use permit,
preliminary development plan, and preliminary plat with the site specific conditions of approval and
standard conditions of approval as provided within the staff report.
PUBLIC HEARING OF THE COMMISSION:
A. A public hearing on the applications came before the Eagle Planning and Zoning Commission for their
recommendation on August 20, 2018, at which time public testimony was taken and the public hearing
was closed.
B. Oral testimony in favor of the application was presented to the Planning and Zoning Commission by
no one (not including the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the Planning and Zoning Commission
by eight (8) individuals who indicated the following concerns:
• The subdivision should be re -designed to locate the lots throughout the property so that the lots are
not clustered.
• The proposed subdivision does not contain sufficient open space for the size of the development.
• The site contains a drainage area that serves the adjacent properties.
• A concern with the property being re -subdivided and the possibility of a future re -subdivision if
the application is approved.
• If the applicant is permitted to construct two-story homes it will impact the views from the adjacent
properties.
• The proposed subdivision will contain lots that back up to existing lots located within the other
phases of Corrente Bello Subdivision. The first two phases of the subdivision were designed so no
lots back up to another lot.
• The small size of the proposed lots are not compatible with the size of the lots located within the
other phases of Corrente Bello Subdivision.
• The side setbacks for the homes located adjacent to the existing homes should be wider than 12 -
feet in width.
• Based on the size of the lots the new homes cannot be designed to meet the Architectural Control
Committee requirements.
• The homes located within the other phases of Corrente Bello Subdivision contain side -entry garages
and based on the width of the lots within the proposed subdivision the homes cannot be designed
to accommodate a side -entry garage.
• It is unknown what is currently being negotiated between the developer and HOA Board.
• The property has unique animal, plant life, and wildlife habitat.
• The additional homes will create additional traffic that will affect the existing homes located
adjacent to the site.
• The applicant has not addressed the concerns that were previously discussed during the
neighborhood meeting.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the Planning
and Zoning Commission by eight (8) individual who indicated the following:
• The proposed development should be in character with the surrounding development.
• The development should be annexed into the Corrente Bello Homeowners Association.
• The lot design should accommodate Tuscan styled homes and Tuscan style homes should be
required.
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• The common areas within the entire Corrente Bello development will need to be maintained by all.
• The HOA Board is supportive of annexation of the development.
• The HOA Board has a desire to control the design standards and pressurized irrigation system
within the development.
• They are not surprised the property is being developed.
• The HOA Board owns the water shares and controls the water.
• A concern regarding daylight basements in relation to existing grade.
• The proposed Tuscan design has not been properly addressed.
• The availability of water issues for the pressurized irrigation system can be resolved.
• The applicant should be required to re -align the intersection of North Palmer Lane and West
Floating Feather Road and be required to provide a centerline stripe on North Palmer Lane.
• The applicant should re -design the subdivision to provide for additional access (for the residents)
of the subdivision to the ponds.
• The existing homeowners of the Legacy development need control of the homeowners association.
• The new homeowners will help offset the costs of maintaining the existing open space.
COMMISSION DELIBERATION: (Granicus time 05:03:00)
Upon closing the public hearing, the Commission discussed during deliberation that:
• They questioned whether all the issues that were brought to their attention have been addressed.
• They are supportive of spreading the lots throughout the property.
• The HOA Board needs to keep the homeowners informed of the items which are being negotiated.
• The water availability associated with the pressurized irrigation system needs to be addressed.
• A concern that the applicant has not tried to work with the adjacent neighbors.
• The proposed density is in conformance with the comprehensive plan.
• The subdivision should be annexed into the Corrente Bello Subdivision homeowners association.
• There should be a condition added to the application regarding the operation and maintenance of the
common driveway providing access to the lots which are not fronted by a public street.
• There are residents residing with the existing subdivision who were not aware the subject property
could be developed.
COMMISSION DECISION REGARDING THE AMENDMENT TO THE CORRENTE BELLO
PUD:
The Commission voted 4 to 0 (Guerber absent) to recommend approval of the PUD amendment to the
Corrente Bello PUD (CU-03-05/PPUD-02-05) for D & N Investments, LLC, with the amended site specific
condition of approval as provided within their findings of fact and conclusions of law, dated September 4,
2018.
COMMISSION DECISION REGARDING THE REZONE WITH A DEVELOPMENT
AGREEMENT:
The Commission voted 4 to 0 (Guerber absent) to approve RZ-09-18 for a rezone from R -3-P (Residential)
to R -3 -DA -P (Residential with a development agreement — PUD) for D & N Investments, LLC, with
conditions of development to be placed within a development agreement as provided within their findings
of fact and conclusions of law document, dated September 4, 2018.
COMMISSION DECISION REGARDING THE CONDITIONAL USE PERMIT
MODIFICATION, PRELIMINARY DEVELOPMENT PLAN MODIFICATINON, AND
PRELIMINARY PLAT:
The Commission voted 4 to 0 (Guerber absent) to recommend approval of CU -03-05 MOD/PPUD-02-05
MOD/PP-09-18 for Corrente Bello Planned Unit Development (Exhibit "A") for D & N Investments, LLC,
with the site specific condition of approval and standard conditions as provided within their findings of fact
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and conclusions of law document, dated September 4, 2018.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the applications came before the Eagle City Council for their consideration on
September 25, 2018. The applications were continued to the October 23, 2018, meeting at which time
public testimony was taken and the public hearing was closed.
B. Oral testimony in favor of the application was presented to the City Council by no one (not including
the applicant/ representative).
C. Oral testimony in opposition to the application was presented to the City Council by 17 -individuals
who indicated the following concerns:
• The applicant should be required to follow the site specific condition of approval which prohibits
the subject property from being developed.
• The residents living along Colline Bello Way will bear the brunt of the traffic accessing the new
subdivision.
• There will be additional air, noise, and light pollution from the new subdivision.
• The proposed changes will only benefit the developer.
• The residents of Corrente Bello Subdivision No. 1 who live adjacent to the site were told the stub
street was provided for a turnaround for fire trucks.
• The developer ignored the residents requests to re -design the layout of the site.
• The proposed lots are too narrow and will not accommodate homes of similar size to other homes
located within Corrente Bello Subdivision.
• The smaller lots are not harmonious with the size of the lots contained within Corrente Bello
Subdivision.
• The proposed subdivision does not contain spacious greenbelts and pathways.
• The setbacks should allow for 30 -feet of space between structures.
• The proposed plan does not contain any open space.
• The proposed pathways are not compatible with the pathways located within Corrente Bello
Subdivision.
• The proposed subdivision should have a pathway located adjacent to the eastern boundary.
• The proposed development is not harmonious in design with the existing Corrente Bello
Subdivision.
• The narrow lots will not allow for homes with side entry garages.
• The Council needs to ensure responsible growth and deny the subdivision since it is not similar in
design to Corrente Bello Subdivision.
• The applicant should be required to provide additional open space.
• The applicant is not utilizing the entire property since the existing home will be located on such a
large parcel.
• The original development was approved with a condition requiring the development to be included
within a single homeowner's association.
• The applicant should be required to provide a revised preliminary plat with one less lot than what
is proposed to allow for larger lots.
• Most of the homes currently located within Corrente Bello Subdivision will not fit on the proposed
lots.
• Share driveways and shared private roads do not work.
• The development does not enhance the homes currently located within Corrente Bello Subdivision.
• The subdivision should be re -designed to spread the lots throughout the development.
• The proposed lots are too condensed; therefore, the development is not compatible with the existing
subdivision.
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• The development should be contained and regulated by a single homeowner's association.
• The applicant has spent many hours with the HOA Board and not the homeowner's association.
The process has not been open.
• The residents feel they have been bullied to support the plan although they are not in agreement
with the plan.
D. Oral testimony neither in opposition to nor in favor of the application was presented to the City Council
by four (4) individuals who indicated the following:
• The residents of the development should be part of the existing homeowner's association.
• The width of the lots should be wider to be harmonious with the existing Corrente Bello
Subdivision.
• The lots should be spread out throughout the site.
• The HOA Board is not in collusion with the developer as indicated by the testimony in opposition
to the application.
• The assessment fee the HOA Board is requiring from the developer is for irrigation and is not based
on lot sizing.
• The development will have residents similar to the residents of the Corrente Bello Subdivision.
• Concern that the residents of Corrente Bello Subdivision No. 3 will not have access to the existing
open space.
• It takes a large amount of irrigation water to keep the existing blue grass contained within the
development green.
• The developer has designed the subdivision to be compatible and harmonious with the adjacent
subdivision.
COUNCIL DECISION REGARDING THE AMENDMENT TO THE CORRENTE BELLO PUD:
The Council voted 4 to 0 to approve the PUD amendment to the Corrente Bello PUD (CU-03-05/PPUD-
02-05) for D & N Investments, LLC, with the following Planning and Zoning Commission recommended
amendments to the site specific conditions of approval with underline text to be added by the Council and
strike through text to be deleted by the Council:
5. Lot 20, Block 2 (existing house), shall be included in the final plat . Lot 29713130-k 2, will
not be permitted additional dwellift-unit, and ,hall not be reduced in Gine belev.; 9.5 aereo.
10. The entire Corrente Bello Subdivision No. 3 development shall remain under the control of one
Homeowner's Association.
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to approve RZ-09-18 for a rezone from R -3-P (Residential) to R -3 -DA -P
(Residential with a development agreement — PUD) for D & N Investments, LLC, with the following
Planning and Zoning Commission recommended conditions of development to be placed within a
development agreement with underline text to be added by the Council and strike through text to be deleted
by the Council:
3.1 The maximum number of dwelling units shall not exceed 13 -dwelling units, including the 1 -existing
house.
3.2 Owner will develop the Property subject to the conditions and limitations set forth in this Development
Agreement. Further, Applicant will submit such applications regarding floodplain development
permit review, design review, preliminary and final plat reviews, and/or any conditional use permits,
if applicable, and any other applicable applications as may be required by the Eagle City Code, which
shall comply with the Eagle City Code, as it exists at the time such applications are made except as
otherwise provided within this Agreement.
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3.3 The Concept Plan (Exhibit B) represents the Owner's current concept for completion of the project.
As the Concept Plan evolves, the City understands and agrees that certain changes in that concept
may occur. If the City determines that any such changes require additional public comment due to
potential impacts on surrounding property or the community, a public hearing shall be held on any
proposed changes in the Concept Plan, notice shall be provided as may be required by the City.
3.4 The conditions, covenants and restrictions for the Property shall contain at least the following:
(a) An allocation of responsibility for repair and maintenance of all community and privately owned
landscaping, pressurized irrigation facilities, private streets, and amenities. The owner shall
provide an operation and maintenance manual including the funding mechanism as an addendum
to the CC&Rs and the repair and maintenance requirement shall run with the land and that the
requirement cannot be modified and that the homeowner's association or other entity cannot be
dissolved without the express consent of the city.
(b) A requirement for all fencing located adjacent to open space to be open-style such as wrought
iron, extruded aluminum (looks identical to wrought iron), or three-rail-type decorative fencing.
All other fencing (ie. dog-eared cedar fencing, vinyl, chainlink) shall be prohibited.
(c) All residential structures shall require Architectural Control Committee (ACC) approval prior to
the issuance of any building permits to assure that the homes are designed to be compatible and
consistent with the "Tuscan themed architectural style with Old World Exterior finishes" theme
of the de-velepmem as shown as exhibits within the Corrente Bello Subdivision approval (CU-
03-05/PPUD-02-05/PP-04-05). In accordance with Eagle City Code 8 6 3, the ACC for Corrente
Bello phase 3 and the ACC-for the oxi ,ting CorrcntEBelle-development shall be the same.
(d) A requirement that in the event any of the CC&Rs are less restrictive than any government rules,
regulations or ordinances, then the more restrictive government rule, regulation or ordinances
shall apply. The CC&Rs are subject to all rules, regulations, laws and ordinances of all applicable
government bodies. In the event a governmental rule, regulation, law or ordinance would render
a part of the CC&Rs unlawful, then in such event that portion shall be deemed to be amended to
comply with the applicable rule, regulation, law or ordinance. Owner Phase 3 shall be
inelodediMcorporated into the existing Cor-Bcalo HOA and submit new CC&Rs prior to the
submittal of a final development plan/final plat application.
3.5 Owner shall comply with all applicable Eagle Sewer District's regulations and conditions prior to the
submittal of a final plat application. Prior to issuance of any building permits, Owner shall provide
proof of central sewer service to the proposed residential uses. A letter of approval shall be provided
to the City from the Idaho Department of Health and Welfare, Department of Environmental Quality,
and/or Central District Health, prior to issuance of any building permits.
3.6 The single -family dwellings shall be constructed utilizing "Tuscan themed architectural style with
Old World Exterior finishes" and shall be the required style of architecture.
To assure compliance with this condition, the phase 3 shall be included/incorporated into the existing
Corrente Be"^ Hon eowHer'3 Association and the existing create an Architectural Control Committee
(ACC).
The submittal of the building permit application to the City for each building within the development
shall be accompanied by an approval letter from the Architectural Control Committee. Building
permit applications that do not have an approval letter attached will not be accepted.
To assure compliance with the conditions of approval herein, the City reserves the right to deny, at
its discretion, any building permit application that does not meet the design requirements as may be
stipulated by the Eagle Design Review Board and Eagle City Council.
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3.7 Owner shall submit a design review application showing at a minimum: 1) proposed development
signage, 2) planting details within the proposed common areas throughout the development, 3)
elevation plans for all proposed common area structures and irrigation pump house (if proposed), 4)
landscape screening details of the irrigation pump house (if proposed), 5) useable amenities such as
picnic tables, covered shelters, benches, playground equipment, gazebos, and/or similar amenities,
The design review application shall be reviewed and approved by the Eagle Design Review Board
prior to the submittal of a final development plan/final plat applications.
3.8 Owner shall provide a report or analysis of any proposed changes to wetlands located on the Property
and any such change shall be contingent upon approval by the Army Corps of Engineers, Idaho Fish
& Game Department (if applicable), the Idaho Department of Water Resources (if appl icable), and
any other appropriate governmental agencies, and shall be in accordance with the Eagle
Comprehensive Plan and City Code. Applicant agrees all development and improvement of the
Property shall comply with rules and regulations pertaining to regulated wetlands prior to submittal
of a final development plan/final plat applications.
3.9 Provide a re,vi ,cd concept plan showing a minimum of 20 common area open ,pace prior
of a final--development aldevelopmcnt plan plat application. The 20% (18.9g acres) common area open space
requircn'c t shall be caleulatcd using the acreage of the entire Corrente Bello PUD. A minimum of
15-% of t# rc-a open ,pace shall be active open space. A minimum of 50% of the lot, shall
be designed to have dint ac oss to common area open-pace in accordance with ECC 8 6 5 2 (D).
Open space is approved as submitted with the revised site plan with the pathway at the south.
3.10 The minimum lot size shall be 13,330 square feet.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT MODIFICATION,
PRELIMINARY DEVELOPMENT PLAN MODIFICATINON, AND PRELIMINARY PLAT:
The Council voted 4 to 0 to recommend approval of CU -03-05 MOD/PPUD-02-05 MOD/PP-09-18 for
Corrente Bello Planned Unit Development (Concept Plan — Exhibit "A") for D & N Investments, LLC,
with the following Planning and Zoning Commission recommended site specific condition of approval and
standard conditions of approval with underline text to be added by the Council and strike through text to be
deleted by the Council:
1. Comply with all conditions within the development agreement for rezone application RZ-09-18 and
subsequent modifications.
2. Comply with all requirements of the City Engineer.
3. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project upon receipt of an invoice by the city or prior to the City Clerk signing the final plat,
whichever occurs first.
4. Any fencing located adjacent to common area open spaces and on the street side of all corner lots shall
be an open fencing style such as wrought iron or other similar decorative style, durable fencing material.
Fences in front yard areas shall be open style and a maximum of four -feet (4') in height. A fence permit
is required prior to construction of a fence in any of these locations.
5. Provide a revised concept plan preliminary plat showing a minimum of 20% common area -open apace
prier to submittal f a final development planlplat a (1 E.98 -acres) -common area
open-spaza requitement ,hall be calculated ucng-the a :cage of the entire Corrente Bello PUD. A
of 15% of the sof ten area open space ce. A minimum of 50 of
the lots shall bo designed—to—have direct access to common are :. .. - ' • :. - - 'th ECC 8
6 5 2 (D). Open space is approved as submitted with the revised site plan with the pathway at the south
(as shown on the preliminary overview of layout presented at the City Council meeting on October 23.
2018).
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6. Provide a revised preliminary plat with plat note #3 revised to state, "This subdivision contains a
pressurized irrigation system which will be owned and operated by the Corrente Bello Phase 3
Homeowners Association." The revised preliminary plat shall be provided prior to submittal of final
development plan/final plat applications.
7. Provide a revised preliminary plat with plat note #5 revised to state, "Lots 5 & 10, Block 1, are
designated as common area lots and will be owned and maintained by the homeowners association
and/or assigns. These lots shall have a blanket public utilities, drainage, and irrigation easement over
the entirety of the lot." The revised preliminary plat should be provided prior to submittal of final
development plan/final plat applications.
8. Provide a revised preliminary plat with a new plat note which states, "All lot lines common to a public
right-of-way line have a 12 -foot wide permanent public utilities, property drainage, and pressurized
irrigation easement, unless dimensioned otherwise." The revised preliminary plat shall be provided
prior to submittal of final development plan/final plat applications.
9. Provide a revised preliminary plat with a new plat note which states, "Rear lot lines and exterior
subdivision boundary have a 12 -foot wide permanent public utilities, property drainage, and pressurized
irrigation easement, unless dimensioned otherwise." The revised preliminary plat shall be provided
prior to submittal of final development plan/final plat applications.
10. Provide a revised preliminary plat with a new plat note which states, "Minimum building setback lines
shall be in accordance with the applicable zoning regulations at the time of issuance of a building
permit, or as specifically approved and/or required." The preliminary plat shall be provided prior to
submittal of final development plan/final plat applications.
11. Provide a revised preliminary plat with a new plat note which states, "Any re -subdivision of this plat
shall comply with the applicable zoning regulations in effect at the time of re -subdivision. The revised
preliminary plat shall be provided prior to submittal of final development plan/final plat applications.
12. Provide a revised preliminary plat with a new plat note which states, "Direct lot access to West Floating
Feather Road is prohibited unless specifically approved by Ada County Highway District and the City
of Eagle. The revised preliminary plat shall be provided prior to submittal of final development
plan/final plat applications.
13. The applicant shall submit a design review application showing at a minimum: 1) proposed subdivision
signage, 2) planting details within the proposed and required landscape berms, landscaped islands, and
all common areas throughout the subdivision, 3) building elevation plans for all proposed common area
structures and irrigation pump house (if proposed), 4) landscape screening details of the irrigation pump
house (if proposed), 5) useable amenities such as picnic tables, covered shelters, benches, gazebos,
and/or similar amenities, 6) design of ponds to be constructed in reference to mosquito abatement, 7)
proposed style of fencing. The design review application shall be reviewed and approved by the Eagle
Design Review Board and Eagle City Council prior to the submittal of final development plan/final plat
applications.
14. The developer shall provide shade -class trees (landscape plan to be reviewed and approved by the
Design Review Board) along both sides of all streets within this development. Trees shall be placed at
the front of each lot generally at each side property line, or as approved by the Design Review Board.
The trees shall be located within an 8 -foot wide landscape strip between the 5 -foot wide concrete
sidewalk and the curb. Prior to the City Clerk signing the final plat 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. 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. Partial reduction of the surety may be permitted for any portion of the development that
is completed, including street trees that have been installed. On-going surety for street trees for all
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undeveloped portions of the development will be required through project completion.
15. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
16. All living trees that do not encroach upon the buildable area on any lot shall be preserved, unless
otherwise determined by the Design Review Board. A detailed landscape plan showing how the trees
will be integrated into the open space areas or private lots (unless approved for removal by the Design
Review Board) shall be provided for Design Review Board approval prior to the submittal of a final
plat. Construction fencing shall be installed (pursuant to the Design Review Board's direction) to
protect all trees that are to be preserved, prior to the commencement of any construction on the site.
17. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site. The final plat shall contain a plat note referencing
the ACHD license agreement and associated Ada County instrument number.
18. All overhead utilities on the site should be removed and/or placed underground prior to the City Clerk
signing the final plat.
19. The submittal of the building permit application to the City for each home within the development shall
be accompanied by an approval letter from the Architectural Control Committee (ACC). Building
permits applications that do not have an approval letter attached will not be accepted.
20. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the existing Corrente Bello Subdivision No. 3 Homeowner's Association is responsible
for all maintenance of the common landscape areas in the subdivision. The CC&Rs for the Corrente
Bello Subdivision No. 3 Homeowner's Association shall provide that the association shall have the
duty to maintain and operate all of 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. (ECC 9-3-8[D][4])
21. The requested pressurized irrigation waiver is not approved. The applicant shall provide irrigation water
to all lots within the subdivision via non -potable, pressurized irrigation.
22. Corrente Bello Subdivision No. 3 shall remain under the control of one Homeowner's Association
(Corrente ✓3110 Homeowner' , Arisec .
23. The applicant shall place a note on the final plat stating that the pressurized irrigation system and all
common lots are to be owned and maintained by the Homeowner's Association.
24. All plat notes that are required on the preliminary plat and development plan shall be transferred to the
final plat prior to submittal of the final development plan/final plat applications.
25. The existing well and septic system serving the house located on Lot 20, Block 2, shall be abandoned
prior to the City Clerk signing the final plat. The existing house shall be connected to central water and
central sewer prior to the City Clerk signing the final plat.
26. Provide documentation from the subdivision contractor indicating the well and septic system previously
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the final plat.
27. The minimum residential building lot size for phase 3 shall be 13,330 square feet.
28. The following setback requirements shall be as follows:
Lot 1, Block 1, and Lot 13, Block 2:
Setbacks: Front - 30 -feet
Rear - 25 -feet
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East side - 2012 -feet (first story), maximum wall plate height 13 -feet; 217 -feet (second
story)
West side - 7.5 -feet (first story), maximum wall plate height 13 -feet; 12.5 -feet (second
story)
Lots 6-9, Block 1:
Setbacks: Front - 20 -feet
Rear - 40 -feet
Side — 7.5 -feet (additional story setback not required)
Lot 15, Block 1:
Setbacks: Front - 30 -feet
Rear - 50 -feet
Side — 20 -feet (additional story setback not required)
The following setback requirements shall apply to all other lots within phase 3:
Setbacks: Front - 30 -feet
Rear - 25 -feet
Side — 7.5 -feet (first story), maximum wall plate height 13 -feet; 12.5 -feet (second story)
The side setback (that side adjacent to the pathway) for lots adjacent to interior pathways shall be 15 -
feet minimum.
29. The lots located along the western boundary of the development (Lots 6-9, Block 1) may include
daylight basements and shall be limited to single story with a maximum overall building height of 25 -
feet and a maximum first story wall plate height of 13 -feet.
30. Provide a revised preliminary plat with a new plat note that states, "Lot 10, Block 2, is designated as a
common lot, which a) provide perpetual right of ingress/egress, b) the easement runs with the land, and
c) shall be owned and maintained by the owners using the driveway. This lot also provides blanket
public utility, irrigation and drainage easements." The revised preliminary plat shall be provided prior
to submittal of a final plat application.
NOTE: In the event a Standard Condition of Approval conflicts with a Site Specific Condition of
Approval contained herein the Site Specific Condition of Approval shall control.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant shall comply with all requirements of the Ada County Highway District and/or the
Idaho Transportation Department, including but not limited to approval of the drainage system,
curbs, gutters, streets and sidewalks.
2. Correct street names, as approved by the Ada County Street Name Committee, shall be placed on
the plat prior to the City Engineer signing the final plat.
3. Complete water and sewer system construction plans shall be reviewed and approved by the City
Engineer. Required improvements shall include, but not be limited to, extending all utilities to the
platted property. The developer may submit a letter in lieu of plans explaining why plans may not
be necessary.
4. Idaho Department of Health & Welfare approval of the sewer and water facilities is required prior
to the City Engineer signing the final plat (I.C. Title 50, Chapter 13 and I.C. 39-118).
5. Written approval of all well water for any shared or commercial well shall be obtained from the
Idaho Department of Water Resources prior to the City Engineer signing the final plat.
Page 22 of 30
KaI'lanning Dcptleagle Applications1Pretiminary Development P1ans\20181Corrcntc Bello Sub No. 3 cefl.docx
6. Unless septic tanks are permitted, wet line sewers will be required and the applicant will be required
to furnish the City Engineer with a letter from the sewer entity serving the property, accepting the
project for service, prior to the City Engineer signing the final plat.
7. All homes being constructed with individual septic systems shall have the septic systems placed on
the street side of the home or shall have their sewer drainage system designed with a stub at the
house front to allow for future connection to a public sewer system.
8. Per Idaho Code, Section 31-3805, concerning irrigation rights, transfer and disclosure, the water
rights appurtenant to the lands in said subdivision which are within the irrigation entity will be
transferred from said lands by the owner thereof; or the subdivider shall provide for underground
tile or other like satisfactory underground conduit to permit the delivery of water to those
landowners within the subdivision who are also within the irrigation entity.
See Eagle City Code Section 9-4-1-9(C), which provides overriding and additional specific criteria
for pressurized irrigation facilities.
Plans showing the delivery system must be approved by a registered professional engineer and shall
be approved by the City Engineer prior to the City Engineer signing the final plat.
9. The applicant shall submit a letter from the appropriate drainage entity approving the drainage
system and/or accepting said drainage; or submit a letter from a registered professional engineer
certifying that all drainage shall be retained on-site prior to the City Engineer signing the final plat.
A copy of the construction drawing(s) shall be submitted with the letter.
10. Drainage system plans shall be submitted to the City Engineer for review and approval prior to the
City Engineer signing the final plat. The plans shall show how swales, or drain piping, will be
developed in the drainage easements. The approved drainage system shall be constructed, or a
performance bond shall be submitted to the City Clerk, prior to the City Engineer signing the final
plat. The CC&R's shall contain clauses to be reviewed and approved by the City Engineer and
City Attorney, prior to the City Engineer signing the final plat, requiring that lots be so graded that
all runoff runs either over the curb, or to the drainage easement, and that no runoff shall cross any
lot line onto another lot except within a drainage easement.
11. No ditch, pipe or other structure, or canal, or drain, for irrigation water or irrigation waste water
owned by an organized irrigation district, canal company, ditch association, drainage district,
drainage entity, or other irrigation entity, shall be obstructed, routed, covered or changed in any
way unless such obstruction, rerouting, covering or changing has first been approved in writing by
the entity. A Registered Engineer shall certify that any ditch rerouting, piping, covering or
otherwise changing the existing irrigation or waste ditch (1) has been made in such a manner that
the flow of water will not be impeded or increased beyond carrying capacity of the downstream
ditch; (2) will not otherwise injure any person or persons using or interested in such ditch or their
property; and (3) satisfied the Idaho Standards for Public Works Construction. A copy of such
written approval and certification shall be filed with the construction drawing and submitted to the
City Engineer prior to the City Engineer signing the final plat.
12. Encroachments including, but not limited to, landscaping, fencing, lighting, and/or pathways shall
not be located within any easement or right-of-way for any ditch, pipe or other structure, or canal,
or drain, used for irrigation water or irrigation waste water without the express written approval of
the organized irrigation district, canal company, ditch association, drainage district, drainage entity
or other irrigation entity associated with such ditch, pipe or other structure, drainage or canal. The
applicant shall submit a copy of the written approval from the irrigation entity, drainage district, or
drainage entity prior to the City Clerk signing the final plat.
Page 23 of 30
K:V'lanning I)eptkEagle Applications\Preliminary Development l'lans120181Corrente Bello Sub No. 3 ccrl.docx
13. Street light plans shall be submitted and approved as to the location, height and wattage to the City
Engineer prior to the City Engineer signing the final plat. All construction shall comply with the
City's specifications and standards.The applicant shall delineate on the face of the final plat an
easement, acceptable to the City Engineer, for the purpose of installing and maintaining street light
fixtures, conduit and wiring lying outside any dedicated public right-of-way, prior to the City
Engineer signing the final plat.
The applicant shall pay applicable street light inspection fees on the proposed subdivision prior to
signing of the final plat by the Eagle City Engineer.
14. The applicant shall provide utility easements as required by the public utility providing service, and
as may be required by the Eagle City Code, prior to the City Engineer signing the final plat.
15. An approval letter from the Eagle Fire Department shall be submitted to the City prior to the City
Engineer signing the final plat. The letter shall include the following comments and minimum
requirements, and any other items of concern as may be determined by the Eagle Fire Department
officials:
a. The applicant has made arrangements to comply with all requirements of the Fire
Department.
b. The proposed fire hydrant locations shall be reviewed and be approved in writing by the
Eagle Fire Department prior to the City Engineer signing the final plat.
c. Minimum flow per hydrant shall be 1,000 gallons per minute for one and two family
dwellings, 1,500 gallons per minute for dwellings having a fire area in excess of 3,600
square feet, and 1,500 gallons per minute (i.e.; Commercial, Industrial, Schools, etc.).
Flow rates shall be inspected in accordance with all agencies having jurisdiction, and shall
be verified in writing by the Eagle Fire Department prior to issuance of any building
permits.
d. The proposed fire protection system shall be reviewed and approved by the Eagle Fire
Department prior to issuance of a building permit.
16. Covenants, homeowner's association by-laws or other similar deed restrictions, acceptable to the
Eagle City Attorney which provide for the use, control and mutual maintenance of all common
areas, storage facilities, recreational facilities, street lights or open spaces shall be reviewed and
approved by the Eagle City Attorney prior to the City Engineer signing the final plat.
A restrictive covenant must be recorded and a note on the face of the final plat is required, providing
for mutual maintenance and access easements.
Appropriate papers describing decision-making procedures relating to the maintenance of
structures, grounds and parking areas shall be reviewed and approved by the Eagle City Attorney
prior to the City Engineer signing the final plat.
17. Should the homeowner's association be responsible for the operation and maintenance of the storm
drainage facilities, the covenants and restrictions, homeowner's association by-laws or other similar
deed restrictions acceptable to the Eagle City Attorney shall be reviewed and approved by the Eagle
City Attorney prior to the City Engineer signing the final plat.
18. The applicant shall submit an application for Design Review, and shall obtain approval for all
required landscaping, common area and subdivision signage prior to the City Engineer signing the
final plat.
Page 24 of 30
K:1Planning Ikpt\ iugle Applications1Preliminary Development Plans120181Corrente Hello Sub No. 3 ccrl.docx
19. Any recreation area, greenbelt area or pathway area along the Boise River, Dry Creek or any other
area designated by the City Council or Eagle City Parks and Pathways Development Commission
for a path or walkway shall be approved in writing by the Eagle City Parks and Pathways
Development Commission prior to approval of the final plat by the City Council.
20. Conservation, recreation and river access easements (if applicable) shall be approved by staff and
the City Engineer and shall be shown on the final plat prior to approval of the final plat by the City
Council.
21. The applicant shall place a note on the face of the plat which states: "Minimum building setback
lines shall be in accordance with the applicable zoning and subdivision regulations at the time of
issuance of the building permit or as specifically approved and/or required".
22. The applicant shall comply with the provisions of the Eagle City Code, pertaining to floodplain and
river protection regulations (if applicable) prior to the City Engineer signing the final plat.
23. The development shall comply with the Boise River Plan (if applicable) in effect at the time of City
Council consideration of the final plat.
24. The applicant shall obtain written approval of the development relative to the effects of the Boise
River Flood Plain (if applicable) from the Corps of Engineers prior to approval of the final plat by
the City Engineer.
25. The applicant shall obtain approval of the development relative to its effects on wetlands or other
natural waterways (if applicable) from the Corps of Engineers and the Idaho Department of Water
Resources and/or any other agency having jurisdiction prior to the City Engineer signing the final
plat.
26. Basements in homes in the flood plain are prohibited.
27. The Americans with Disabilities Act, Uniform Building Code, Eagle City Code, Eagle
Comprehensive Plan, and all applicable County, State and Federal Codes and Regulations shall be
complied with. All design and construction shall be in accordance with all applicable City of Eagle
Codes unless specifically approved by the Commission and/or Council.
28. Any changes to the plans and specifications upon which this approval is based, other than those
required by the above conditions, will require submittal of an application for modification and
approval of that application prior to commencing any change. Any change by the applicant in the
planned use of the property which is the subject of this application, shall require the applicant to
comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in
force at the time the applicant or its successors in interest submits application to the City of Eagle
for a change to the planned use of the subject property.
29. No public board, agency, commission, official or other authority shall proceed with the construction
of or authorize the construction of any of the public improvements required by the Eagle City Code
Title 9 "Land Subdivisions" until the final plat has received the approval of the City Council (ECC
9-6-5 (A) (2)).
After Council approval of the final plat, the applicant may construct any approved improvements
before the City Engineer signs the final plat. The applicant shall provide a financial guarantee of
performance in the amount of 150% of the total estimated cost for completing any required
improvements (see resolution 98-3) prior to the City Engineer signing the final plat. The financial
guarantee shall be a Letter of Credit, Certificate of Deposit, cash deposit or certified check.
30. In accordance with Eagle City Code, failure to obtain a recorded final plat for the subdivision within
one year following City Council approval shall cause this approval to be null and void, unless a
time extension is granted by the City Council.
Page 25 of 30
K:U'lanning Dep tll:aglc ApphcationsU'reliminary Development Plans12018\Correntc Bean Sub No. 3 ccfl.docx
31. Prior to submitting the final plat for recording, the following must provide endorsements or
certifications: Owners or dedicators, Registered Land Surveyor, County Engineer, Central District
Health Department, Ada County Treasurer, Ada County Highway District Commissioners, City
Engineer, and City Clerk.
32. The City's actions on the application does not grant the applicant any appropriation of water or
interference with existing water rights. The applicant indemnifies and holds the City harmless for
any and all water rights, claims in any way associated with this application.
33. The applicant shall submit cut sheets showing street lighting details for review and approval by the
Zoning Administrator prior to the submittal of the final plat. The plans shall show how the
streetlights will facilitate the "Dark Sky" concept of lighting.
34. 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.
35. Place a note on the final plat which states in general that surrounding land with farm uses and
related activities shall be protected pursuant to the Idaho Right to Farm Act.
36. The applicant shall install at the entrance to the subdivision a 4' x 4' plywood or other hard surface
sign (mounted on two 4"x 4" posts with the bottom of the sign being a minimum of 3 -feet above
the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed rezone with development
agreement (RZ-09-18) with regard to Eagle City Code Section 8-7-5 "Action by the Commission and
Council", and based upon the information provided, concludes that the proposed applications are in
accordance with the City of Eagle Comprehensive Plan and established goals and objectives because:
a. The requested zoning designation of R -3 -DA -P (Residential with a development agreement — PUD)
complies with the Large Lot Residential and Residential Transition designations as shown on the
Comprehensive Plan Land Use Map since the applicant is not proposing more than two units per
acre and the proposed density is below the density identified within the Middle School Planning
Area within the text of the comprehensive plan;
b. The information provided from the agencies having jurisdiction over the public facilities needed
for this site indicate that adequate public facilities exist, or are required to be provided, to serve a
single-family dwelling residential subdivision on this property under the proposed zone. The site
is located within the Eagle Sewer District and the Suez of Idaho certificated service area for potable
water;
c. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -3-P (Residential — PUD) zone and land use to the north since that area is
developed with a density similar to the proposed development;
d. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -1 -DA (Residential with a development agreement) zone and land use to the
south since this area has been developed with a residential subdivision;
e. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -3-P (Residential — PUD) zone and land use to the east since that area is
developed with a density similar to the proposed development;
f. The proposed R -3 -DA -P (Residential with a development agreement — PUD) zoning district is
compatible with the R -3-P (Residential — PUD) zone and land use to the west since that area is
developed with a density similar to the proposed development;
Page 26 of 30
K:11'lanning IkptUiaglc AApplications1Prcliminary Development I'lans120181Corrcntc Bello Sub No. 3 ccfl.docx
g. A portion of the land proposed for rezone is located within a "Hazard Area" and "Special Area" as
described within the Comprehensive Plan. The applicant will be required to comply with Title 10
Flood Control regarding development in those areas;
h. No non -conforming uses are expected to be created with this rezone.
2. The Council reviewed the particular facts and circumstances of this proposed conditional use permit
modification, preliminary development plan modification, and preliminary plat (CU -03-05
MOD/PPUD-02-05 MOD/PP-08-18) and based upon the information provided concludes that the
proposed development is in accordance with the City of Eagle Comprehensive Plan and established
goals and objectives because:
a. That the proposed PUD is in the public interest, advances the general welfare of the community
and neighborhood, and will not be detrimental to the economic welfare of the community.
Corrente Bello Subdivision No. 3 has been proposed for development in conformance with the
Eagle Comprehensive Plan, consistent with the requirements of Eagle City Code, and in
conformance with the executed development agreement associated with the site; and
b. That the development be designed, constructed, operated and maintained to be harmonious and
appropriate in appearance with the existing or intended character of the general vicinity and
how such use will not change the essential character of the same area.
Corrente Bello Subdivision No. 3 is designed to be harmonious with the existing Corrente Bello
Subdivision of which it will be a part and is designed to be in conformance with the existing
planned unit development associated with site; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood
uses.
Corrente Bello Subdivision No. 3 is proposed to be developed in a manner harmonious with
the existing residential uses in the immediate vicinity; and
d. That the development does not involve uses, activities, processes, materials, equipment, and/or
conditions of operation that will be detrimental to any persons, property or the general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
The development is planned for residential, similar to the character of the surrounding area. It
is not anticipated that any uses or activities will be detrimental to the surrounding properties
upon completion of the site work. Corrente Bello Subdivision No. 3 will be served by West
Floating Feather Road (designated as a minor arterial) and an internal street network located
within the Corrente Bello development; and
e. That the development will be served adequately by essential public facilities such as highways,
streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and
schools.
All central services are available to be extended to the site, as noted within the letters provided
by the agencies having jurisdiction over the site. Development of sewer, water, drainage,
streets and other urban services will be provided at the developer's expense; and
f. That the development will not create excessive additional requirements at public cost for public
facilities and services.
All public facilities and services are supplied by the developer and must be approved at the
time of installation and before acceptance by the Eagle Sewer District, Suez Water Company,
or Ada County Highway District; and
Page 27 of 30
K:1Planning Deptlliaglc Applications1Preliminary Development Plans120181Correntc Bello Sub No. 3 ccfl.docx
g.
That the development is provided with parks, ponds, open areas, areas of special interest,
floodplain preservation, and/or other special features which would not typically be provided in
a non -PUD proposal.
This development plan is part of a larger development plan (Corrente Bello Planned Unit
Development) which is designed with open space, ponds, recreational amenities (i.e. swimming
pool, tot lot, and pedestrian pathways); and
h. That the vehicular approaches to the property are designed to not create an interference with
traffic on surrounding public thoroughfares.
The development will take access from an existing stub street (West Peak Bello Street). Access
to the Corrente Bello development is from West Floating Feather Road. The design and
construction of the roadways and entrances is guided by the Ada County Highway District; and
That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No natural, scenic, or historic features of major importance are known to exist on the site; and
That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of the Comprehensive Plan.
The proposed development fits well with the comprehensive plan since the plan calls for
Residential Transition Overlay and the proposed density is in conformance with the
comprehensive plan; and
k. That the proposed development will be harmonious with and in accordance with the general
objectives or with any specific objective of Eagle City Code Title 8.
The developer has requested approval for a preliminary development plan and conditional use
permit as outlined in Eagle City Code and satisfies those requirements as well as will be
required to meet the conditions herein and the executed development agreement associated
with the site. In addition, the developer will be required to submit an application for design
review and comply with all Eagle City Codes and conditions of approval of the design review;
and
That the benefits, combination of various land uses, and interrelationship with the surrounding
area for this proposed development justifies any proposed deviation from any standard district
regulations.
Residential is the only use approved for this development.
In case of large — scale PUDs (incorporating fifty (50) or more lots or dwelling units):
m. That public services shall be provided to the development including, but not limited to, fire
protection, police protection, central water, central sewer, road construction, parks and open
space, recreation, maintenance, schools and solid waste collection.
The public services that would be provided to the development include the following:
Fire Protection
The development is located within the boundaries of the Eagle Fire District.
Police Protection
The project will be served by the Eagle Police Department.
Page 28 of 30
K:1I'lanning Deptlliaglc Applicationsll'reliminary Development I'lans120181Corrcnte 13ello Sub No. 3 ccfl.docx
Water Service
The project is located within an area that is served by the Suez Water System. The water
infrastructure will be constructed at the developer's expense.
Sewer
The property is located within the boundaries of the Eagle Sewer District. Prior to the developer
installing the required sewer infrastructure the developer will be required to comply with the
District requirements.
Road Construction
The construction of all roads within the development will be completed by the developer. Upon
completion, the roads will be dedicated to the Ada County Highway District.
Parks and Open Space
This development is proposed as a phase to the existing Corrente Bello Subdivision as part of
one PUD all phases will share the open space areas located within Corrente Bello Subdivision.
Maintenance
The roads, sewer, and water infrastructure will be publicly owned and maintained by the
respective agencies.
Schools
Corrente Bello Subdivision No. 3 is located within the West Ada School District boundaries.
Solid Waste Collection
Solid waste collection is provided by Republic Services through a contract with the City of
Eagle.
n. That an estimate of the public service costs to provide adequate service to the development has
been provided by the developer.
The development will not create excessive additional requirements at public cost for public
facilities and services because the facilities and services will be constructed at the expense of
the developer as conditioned within the approval.
o. That an estimate of the tax revenue that will be generated from the development has been
provided by the developer.
The estimated tax revenue generated to the City of Eagle from the development at build -out is
approximately $40,330/annually (with Homeowner's Exemption).
That suggested public (or private) means of financing the services for the development if the
cost for the public services would not be offset by the tax revenue received from the
development has been provided by the developer.
The extension of public utilities and the construction of the roads will all be borne by the
developer at no cost to the public. The developer provides the services in the initial stages of
development, therefore, the public service providers avoid potential liability and expenses.
P.
Page 29 of 30
K:IPlanning Dcptlliaglc Applications\Prcliminary Development Plans120181Corrente 13cIlo Sub No. 3 ccfl.docx
DATED this 13th day of November, 2018
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
G
Stan Ridgeway, Mayor
ATTEST:
67-1-( 0
Sharon K. Bergmann, Eagle City Ci1erk
Page 30 of 30
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