Findings - CC - 2019 - RZ-09-18/CU-03-05MOD/PPUD-02-05MOD/PP-08-18 - Rezone, Conditional Use Permit Mod, Pdp Mod And PpBEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF A REQUEST FOR
RECONSIDERATION BY CATHY GORDON,
JEFFREY N. BENSON, AND ROBERT ROSE
PERTAINING TO 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
On November 13, 2018, the City Council approved the findings of fact and conclusions of law associated
with RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD and PP -08-18 for 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 for D & N Investments.
The above -entitled request for reconsideration by Cathy Gordon, Jeffrey N. Benson, and Robert Rose,
represented by Matthew J. McGee with Spink Butler, Attorneys at Law, pertains to Condition of
Development #3.9, Site Specific Conditions of Approval #'s 5, 7, 20, and 23, and Conclusions of Law #'s
2. b., 2. g., and 2. m. The request for reconsideration first came before the City Council for their
consideration on January 8, 2019. Based on the fact that Mr. McGee had submitted additional
correspondence pertaining to the request for reconsideration on January 8, 2019, the City Council continued
the request for reconsideration to January 22, 2019, and directed that all correspondence pertaining to the
request for reconsideration be submitted five (5) days prior to the City Council's January 22, 2019, meeting.
On January 22, 2019, the request for reconsideration came before the City Council for their action. 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:
Request for reconsideration of RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD and PP -08-18 for a
rezone from R -3-P (Residential — PUD) for 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 for D & N Investments, by Cathy Gordon, Jeffrey N. Benson, and Robert Rose,
represented by Matthew J. McGee with Spink Butler, Attorneys at Law.
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. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On October 23, 2018, the Eagle City Council approved a rezone, conditional use permit
modification, preliminary development plan modification, and preliminary plat applications for
Corrente Bello Subdivision No. 3 for D & N Investments (RZ-09-18/CU-03-05 MOD/PPUD-02-
05 MOD/PP-08-18).
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On November 27, 2018, Cathy Gordon, Jeffrey N. Benson, and Robert Rose represented by
Matthew J. McGee with Spink Butler, Attorneys at Law filed a request for reconsideration of the
City Council's decision pertaining to Condition of Development #3.9, Site Specific Conditions of
Approval #'s 5, 7, 20, and 23, and Conclusions of Law #'s 2. b., 2. g., and 2. m.
STAFF ANALYSIS PROVIDED WITHIN THE RECONSIDERATION STAFF MEMORANDUM:
A. CONDITION OF DEVELOPMENT PROVISION WHICH IS OF SPECIAL CONCERN
REGARDING THIS PROPOSAL (required with approval of RZ-09-18):
3.9 Open space is approved as submitted with the revised site plan with the pathway at the south.
B. SITE SPECIFIC CONDITIONS OF APPROVAL WHICH ARE OF SPECIAL CONCERN
REGARDING THIS PROPOSAL:
5. 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).
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.
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.
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.
C. CONCLUSIONS OF LAW WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
2.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 the site; and
2.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
2.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.
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The public services that would be provided to the development include the following:
Parks and Oven 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.
D. DISCUSSION (The points of discussion are based on the Request for Reconsideration submitted by
Matthew J, McGee, date stamped by the City on November 27, 2018 and correspondence received from
Matthew J. McGee, date stamped by the City on January 8, 2019):
• Through the request for reconsideration, Matthew J. McGee (Movant) is requesting eight (8) items
contained with the City Council's Findings of Fact and Conclusions of Law associated with the
approval of Corrente Bello Subdivision No. 3 be reconsidered. The eight (8) items consist of the
following:
o Condition of Development #3.9
o Site Specific Conditions of Approval #'s 5, 7, 20, and 23
o Conclusions of Law #'s 2. b, 2. g, and 2. M
• Condition of Development #3.9 states, "Open space is approved as submitted with the revised site
plan with the pathway at the south."
The Movant is requesting the condition of development be revised to state, "Subject to the property
rights of the Corrente Bello Homeowners Association, including the right to exclude, open space
is approved as submitted with the revised site plan with the pathway to the south, and the southwest
corner common area shall not cross or access property of the Corrente Bello Homeowners
Association."
The condition of development is specific to the site since the development agreement will contain
a legal description associated with only the property associated with Corrente Bello Subdivision
No. 3. The preliminary overview layout presented at the City Council meeting on October 23, 2018,
shows the pathways located within the southwest corner common area providing connectivity to
the pathways located within Lot 11, Block 2, Corrente Bello Subdivision No. 1 to the west and to
the sidewalk located adjacent to West Floating Feather Road. To provide the connectivity the
applicant would be required to construct off-site improvements across common lots owned and
maintained by the Corrente Bello Subdivision Homeowner's Association. In the event the applicant
desires to provide connectivity with the pathways located outside of the subject property the
applicant should be required to provide correspondence from the Corrente Bello Homeowner's
Association approving the encroachment across the common lots. Condition of Development #3.9
should be revised to state, "Open space is approved as submitted
with' the revised -site -plan shown
on the Concept Plan with the pathway at the south located completely within the Property."
• Site Specific Condition of Approval #5 states, "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)."
The Movant is requesting the site specific condition of approval be revised to state, "Subject to the
property rights of the Corrente Bello Homeowners Association, including the right to exclude, open
space is approved as submitted with the revised site plan with the pathway to the south (as shown
on the preliminary overview of layout presented at the City Council meeting on October 23, 2018),
and the southwest corner common area shall not cross or access property of the Corrente Bello
Homeowners Association."
Site Specific Condition of Approval #5 is similar to Condition of Development #3.9, therefore, Site
Specific Condition of Approval #5 should be revised to state, "Open space is approved as submitted
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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). The pathway shall be located
completely within the site unless correspondence is provided from the Corrente Bello
Homeowner's Association approving connectivity to the adiacent pathway and/or sidewalk."
• Site Specific Condition of Approval #7 states, "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 Movant is requesting the condition be revised to state, "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 Corrente Bello Phase 3 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.
Site Specific Condition of Approval #7 is specific to the approval associated with Corrente Bello
Subdivision No. 3 and identifies specific common lots within Corrente Bello Subdivision No. 3,
therefore the site specific condition of approval should remain as written.
• Site Specific Condition of Approval #20 states, "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."
The Movant is requesting the condition be revised to remove the word "existing" shown prior to
"Corrente Bello Subdivision No. 3" located in the first sentence. Site Specific Condition of
Approval #20 should be revised as requested by the Movant to state, "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."
• Site Specific Condition of Approval #23 states, "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."
The Movant is requesting the site specific condition of approval be revised to state, "The applicant
shall place a note on the final plat stating that the pressurized irrigation system, any associated
water rights, and all common lots are to be owned and maintained by the Corrente Bello Phase 3
Homeowner's Association."
As is currently occurring, Corrente Bello Subdivision No. 3 will be sharing the existing pressurized
irrigation system located within Corrente Bello Subdivision. As part of sharing the existing
pressurized irrigation system (located within Corrente Bello Subdivision) the water shares that were
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associated with the subject site are currently being utilized within the pressurized irrigation system
located within Corrente Bello Subdivision. To address the Movant's concerns, perhaps the site
specific condition of approval should be revised to provide clarification that the residents of
Corrente Bello Subdivision No. 3 should be responsible for the section of the pressurized irrigation
system located within Corrente Bello Subdivision No. 3. Regarding the operation and maintenance
of the common lots, it is addressed in Site Specific Condition of Approval #7.
Staff recommends that Site Specific Condition of Approval # 23 be revised to state, "The applicant
shall place a note on the final plat stating that the section of the pressurized irrigation system awl
all common lots, located within Corrente Bello Subdivision No. 3 are--te shall be owned and
maintained by the Corrente Bello Subdivision No. 3 Homeowner's Association."
• Conclusions of Law #2. b states as follows:
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 the site; and
The Movant is requesting the words "which it will be a part" be removed from the second sentence.
Since Corrente Bello Subdivision No. 3 was approved to have a homeowners association
independent from the Corrente Bello Subdivision Homeowners Association Conclusion of Law #2.
b should be revised to state, "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 the site";
• Conclusions of Law #2. g states as follows:
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
The Movant is requesting the words "parks, ponds, and open areas" be removed from the first
sentence. The Movant is also requesting the second sentence be stricken from the record. It should
be noted that the first sentence is the conclusion of law which is required to be addressed for the
approval of the PUD and the second sentence addresses the conclusion of law, therefore, the second
statement needs to address the conclusion of law.
Staff recommends striking the second sentence which states, "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."
The second sentence should be replaced with the following conclusion, "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). The open space
will consist of a common area located within the southeast corner of the site which will contain a
pathway providing a connection from the development to the sidewalk located adjacent to West
Floating Feather Road."; and
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• Conclusions of Law #2. m regarding Parks and Open Spaces states as follows:
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:
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.
The Movant is requesting the conclusion be revised to state, "Residents of Corrente Bello Phase 3
will have access to open space owned and maintained by Corrente Bello Phase 3 Homeowner's
Association."
COUNCIL DECISION REGARDING THE REZONE WITH A DEVELOPMENT AGREEMENT:
The Council voted 4 to 0 to reconsider this item and change Condition of Development #3.9 with underline
text to be added by the Council and strike through text to be deleted by the Council:
Note: All conditions of development (with the exception of #3.9) remain valid as provided in the City
Council's findings of fact and conclusions, dated November 28, 2017.
3.9 Open space is approved as : re ri:.ed site -plat shown on the Concept Plan with the
pathway at the south located completely within the Property.
COUNCIL DECISION REGARDING SITE SPECIFIC CONDITIONS OF APPROVAL #'s 5, 7, 20,
and 23:
The Council voted 4 to 0 to reconsider this item and change site specific conditions of approval #'s 5, 20,
and 23 with underline text to be added by the Council and strike through text to be deleted by the Council:
Note: All site specific conditions of approval (with the exception of #5, 20, and 23) and standard conditions
of approval remain valid as provided in the City Council's findings of fact and conclusions, dated November
13, 2018.
5. 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). The
Pathway shall be located completely within the site unless correspondence is provided from the
Corrente Bello Homeowner's Association approving connectivity to the adjacent pathway and/or
sidewalk.
20. The applicant shall provide a copy of the CC&Rs at the time of submittal of a final plat application
indicating that the cxistin_ 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])
23. The applicant shall place a note on the final plat stating that the pressurized irrigation system located
within Corrente Bello Subdivision No. 3 ill COMIlieli4ets are to shall be owned and maintained by
the Corrente Bello Subdivision No. 3 Homeowner's Association.
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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;
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.
g.
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Corrente Bello Subdivision No. 3 is designed to be harmonious with the existing Corrente Bello
Subdivision 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
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.
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). The open space will consist of a common area located within the southwest
corner of the site which will contain a pathway located entirely within the Corrente Bello
Subdivision No. 3 development; 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 Corrente Bello Subdivisions No. 1 and No. 2 is from West Floating Feather Road. The design
and construction of the roadways and entrances is guided by the Ada County Highway District;
g.
and
i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
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J•
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
1. 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.
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
Residents of Corrente Bello Phase 3 will have access to open space owned and maintained by
Corrente Bello Phase 3 Homeowner's Association.
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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 540,330/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.
DATED this 22nd day of January, 2019
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle City dlerk
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