Findings - CC - 2019 - FPUD-05-19 & FP-06-19 - Corrente Bello #3BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR
A FINAL DEVELOPMENT PLAN AND FINAL
PLAT FOR T1(AMONTO SUBDIVISION
(FKA CORRENTE BELLO SUBDIVISION NO. 3)
FORD & N INVESTMENTS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER i'PUD-O5-19 & FP -06-19
The above -entitled final development plan and final plat applications came before the Eagle City Council
for their action on May 14, 2019. The Council having heard and taken oral and written testimony, and
having duly considered the matter, makes the following Findings of Fact and Conclusions of Law;
FINDINGS OF FACT:
A. PROJECT SUMMARY:
D & N Investments, represented by Derritt Kerner with Rock Solid Civil, is requesting final
development plan and final plat approvals for Tramonto Subdivision (fka 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 subdivision. The 9.58 -acre site is located on the north
side West Floating Feather Road approximately ½-mile west of Eagle Road at 1400 West Floating
Feather Road.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on April 4, 2019.
C. HISTORY OF RELEVAN 1' 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 -OS).
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 -OS).
On March 14, 2006, the Eagle City Council approved the final development plan and final plat for
Corrente Bello Subdivision No. 1 (F'PUD-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/F'P-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 -OS).
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 -OS MOD).
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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 -OS
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.
On November 13, 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 MODfPPUD-.02-05 MOD/PP-08-18).
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.
On January 22, 2019, the Eagle City Council reconsidered an application pertaining to a rezone,
conditional use permit modification, preliminary development plan modification, and preliminary plat
for Corrente Bello Subdivision No. 3 for D & N Investments, LLC, to change site specific conditions
of approval #' s 5, 20, and 23. 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.
On March 26, 2019, the Eagle City Council approved a design review application for the common area
landscaping within Corrente Bello Subdivision No. 3 for D & N Investments (DR -10-19).
D. PRELIMINARY PUD/PLAT F1NDINGS:
City Council Findings of Fact and Conclusions of Law dated November 13, 2019, are incorporated
herein by reference.
E. FINDINGS OF FACT REQUIRED BY EAGLE CITY CODE SECTION 8-6-6-3 (B):
The Council shall find that the facts submitted with the application and presented to them establish that:
1. The ordinance and standards used in evaluating the application;
2. The facts submitted with the application and presented to them establish that:
a. The proposed development can be initiated within one year of the date of approval;
b. Each individual phase of the development, as well as the total development, can exist as an
independent phase capable of creating an environment of sustained desirability and stability
or that adequate assurance will be provided that such objective will be attained and the uses
proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
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e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan, in accordance with the PUD and the
adopted policy of the council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any, that the applicant could take to obtain a permit.
STAii' ANALYSIS PROVIDED WITHIN THE STAFI' REPORT
(based on the final plat, date stamped by the City on April 4, 2019):
• Plat note #2 on the final plat states, "Any re -subdivision of this plat shall comply with the applicable
zoning regulations in effect at the time of re -subdivision."
The plat note does not reference the subdivision regulations required pursuant to Eagle City Code for
the subdivision of property. The applicant should provide a revised final plat with plat note #2 revised
to state, "Any re -subdivision of this plat shall comply with the applicable zoning and subdivision
regulations in effect at the time of re -subdivision."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #6 on the final plat states, "Lots 5 and 10, Block 1, are common lots which shall be owned
and maintained by the Homeowner's Association. Lots 5 and 10, Block 1 shall be subject to a blanket
public utility easement, pressure irrigation, property drainage, pedestrian pathway and ingress/egress
easement."
The applicant should add revise plat note #6 to state, "Lots 5 and 10, Block 1, are designated as common
lots 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. Lots 5 and 10, Block 1 shall be subject to
a blanket public utility easement, pressure irrigation, property drainage, pedestrian pathway and
ingress/egress easement."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• Plat note #8 on the final plat states, "Other than the access points specifically approved with this
application, direct lot or parcel access to W. Floating Feather Road is prohibited."
The applicant should revise plat note #8 to state, "Other than the access points specifically approved
with this application, direct lot or parcel access to West Floating Feather Road is prohibited unless
specifically approved by Ada County Highway District and the City of Eagle."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The final plat does not contain a plat note regarding the ownership of both the pressure irrigation supply
system and the internal pressure irrigation distribution system. The applicant should provide a revised
final plat with a new plat note which states, "The pressure irrigation supply system and internal pressure
irrigation distribution system located within Tramonto Subdivision shall be owned and maintained by
the Tramonto Subdivision Homeowner's Association."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The final plat does not contain a plat note in regard to an instrument number for a license agreement
with Ada County Highway District. The applicant should provide a revised final plat with a new plat
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note which states, "This subdivision is subject to an Ada County Highway District license agreement
recorded as Instrument No.
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The final plat does not contain a plat note in regard to the development agreement associated with the
development. The applicant should provide a revised final plat with a new plat note which states, "This
development is subject to the terms of the development agreement recorded as instrument
#
, and any subsequent modifications."
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The "Approval of City Council" on sheet 5 of the final plat states, "I, the undersigned City Clerk in and
for the City of Eagle, Ada County, Idaho, hereby certify that at a regular meeting of the City Council
held on the day of , this final plat was duly accepted and approved. City Clerk, Eagle, Idaho
( )." This should be revised to:
I, THS UNDERSIGNED Ci'i'Y CLERK IN AND FOR THS CITY OF EAGLE, ADA COUNTY,
IDAHO, DO HEREBY CERITh' Y THAT AT A REGULAR MEETING OF 'l HE CIT Y COUNCIL
HELD ON THE DAY OF , THIS FINAL PLAT WAS APPROVED AND ACCEPIED.
C1I'YCLERK( ).
The revised final plat should be provided prior to the City Clerk signing the final plat.
• The City Engineer and Planning staff have reviewed the final development plan and final plat. The final
development plan and final plat show that the configuration of lots deviates from the preliminary
development plan and preliminary plat; however, the number of lots and minimum lot sizes are in
conformance with the preliminary plat approval.
• Itis staff's opinion that the final development plan can meet the Findings of Fact required in Eagle City
Code Section 8-6-6--3(B) with the conditions recommended in the staff report and that the final plat will
be in substantial compliance with the preliminary plat pursuant to the conditions herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on May 14, 2019. The Council made their decision at that
time. The minutes are incorporated herein by reference.
COUNCIL DECISION:
The Council voted 4 to 0 to approve FPUD-05-19 & FP -06-19 for a final development plan and final plat
for Tramonto Subdivision (fka Corrente Bello Subdivision No. 3), for D & N Investments, with the
following site specific conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-09-18/CU-03-05 MOD/PPUD-02-05 MOD/PP-08-
18.
3. Comply with all requirements of DR -10--19, and any subsequent modifications.
4. The applicant shall submit payment to the City for all engineering and legal fees incurred for reviewing
this project, prior to the City Clerk signing the final plat and/or upon receipt of an invoice by the City,
whichever occurs first.
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5. The applicant shall provide a revised final plat with plat note #2 revised to state, "Any re -subdivision
of this plat shall comply with the applicable zoning and subdivision regulations in effect at the time of
re -subdivision."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
6. The applicant shall provide a revised final plat with plat note #6 revised to state, "Lots 5 and 10, Block
1, are designated as common lots 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. Lots 5 and
10, Block 1 shall be subject to a blanket public utility easement, pressure irrigation, property drainage,
pedestrian pathway and ingress/egress easement."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
7. The applicant shall provide a revised final plat with plat note #8 revised to state, "Other than the access
points specifically approved with this application, direct lot or parcel access to West Floating Feather
Road is prohibited unless specifically approved by Ada County Highway District and the City of
Eagle.
The revised final plat shall be provided prior to the City Clerk signing the final plat.
8. The applicant shall provide a revised final plat with a new plat note which states, "The closed loop
pressurized irrigation system located within Tramonto Subdivision shall be owned and maintained by
the Tramonto Subdivision Homeowner's Association."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
9. The applicant shall provide a revised final plat with a new plat note which states, "This subdivision is
subject to an Ada County Highway District license agreement recorded as Instrument No.
including number once assigned by the recorder's office."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
10. The applicant shall provide a revised final plat with a new plat note which states, "This development is
subject to the terms of the development agreement recorded as instrument # , including
number once assigned by the recorder's office, and any subsequent modifications."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
11. The applicant shall provide a revised final plat with the Approval of City Council, sheet six revised to
state, "I, THE UNDERSIGNED CITY CLERK IN AND FOR THS Cii' OF EAGLE, ADA
COUNTY, IDAHO, DO HEREBY CERim' Y 'IHAT AT A REGULAR MEETING OF THE CITY
COUNCIL HELD ON THS DAY OF , THIS F'INAL PLAT WAS APPROVED AND
ACCEPIED. CITY CLERK ( )."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
12. All common area improvements within Tramonto Subdivision as specified on the approved landscape
plan (DR -10-19) shall be completed or a surety shall be provided as required by Eagle City Code prior
to the City Clerk signing the final plat.
13. The developer shall provide 2 -inch minimum caliper shade -class trees as shown on the approved
landscape plan. 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 undeveloped
portions of the development will be required through project completion.
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14. At the time of providing surety information, the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
15. The following setback requirements shall be as follows:
Lot 1, Block 1, and Lot 13, Block 2:
Setbacks: Front - 30 -feet
Rear - 25 -feet
East side - 12 -feet (first story), maximum wall plate height 13 -feet; 17 -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.
16. The applicant shall not construct any required improvements, including, storm drainage or roadway
facilities, until the City has received a copy of the ACHD stamped and approved final engineering
construction drawings. Upon receipt of the ACHD approved construction drawings and confirmation
by the City Engineer that they comply with the City approved construction drawings, the City will issue
a "notice to proceed with construction" to the applicant's designated representative.
17. Provide an approval letter for construction of sewer improvements from Eagle Sewer District, prior to
the issuance of a "notice to proceed with construction" letter to the project engineer.
18. In accordance with Eagle City Code Section 9-3-10, all fencing located adjacent to common area open
spaces and on the street side of all corner lots shall be an open style fencing such as wrought iron or
other similar decorative style, durable fencing material.
19. 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.
20. The applicant shall install at the entrances to Tramonto Subdivision, 4'x 4' plywood or other hard
surface signs (mounted on two 4"x 4" posts with the bottom of the signs being a minimum of 3 -feet
above the ground) noticing the contractors to clean up daily, no loud music, and no dogs off leash.
21. Any stub street which is expected to be extended in the future shall be provided with a sign generally
stating that, "This Street is to be extended in the future".
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22. The applicant shall provide a license agreement from ACHD approving the landscaping and entry
structure located within the public rights -of way -abutting and within this site, prior to the City Clerk
signing the final plat.
23. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
24. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
25. The applicant shall include a letter from the Professional Land Surveyor that certifies the submitted
final plat copies have addressed the first set of review comments from the Ada County Surveyor prior
to the City Clerk signing the final plat.
26. Provide a copy of the recorded CC&Rs for the subdivision, two (2) full size copies of the recorded
final plat, and an 8 1/2" x 11" recorded copy of the final plat of Tramonto Subdivision, prior to the
issuance of any building permits.
27. The applicant shall provide a CD of the as -built construction drawings for all improvements located
within the subdivision prior to the issuance of building permits.
CONCLUSIONS OF LAW:
A. In accordance Eagle City Code Section 8-6-6-3(B), the Council finds that the facts submitted with the
application and presented to the Council, with the conditions herein, establish that:
1. This phase of the development will be initiated within one year of the date of approval based upon
the testimony and documentation presented by the developer;
2. Each individual unit of the development, as well as the total development, will exist as an
independent unit capable of creating an environment of sustained desirability and stability or that
adequate assurance can be provided that such objective will be attained and the uses will not be
detrimental to present and potential surrounding uses, but will have a beneficial effect which would
not be achieved under standard district regulations because of the conditions placed on this
development;
3. The streets and thoroughfares to be constructed are suitable and adequate to carry anticipated
traffic, and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
4. No commercial development is proposed;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes, setbacks and uses as specifically approved by the City will
allow for a mix of housing types and uses in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses, that might impact the planned
residential areas surrounding the development, are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
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DATED this 28th day of May 2019.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County, Idaho
Stan Ridgeway, Mayor
ATTEST:
Sharon K. Bergmann, Eagle Ci Clerk
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Reconsideration Notice: Applicant has the right, pursuant to Section 67-6535, Idaho Code, to request a reconsideration within
fourteen (14) days of the final written decision.
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