Findings - CC - 2021 - FPUD-04-20 & FP-04-20 - Molinari Park Sub No 1 Fp & Fpud BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR MOLINARI PARK SUBDIVISION )
NO. 1 FOR EAGLE 26,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-04-20& FP-04-20
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 26, 2021. 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:
Eagle 26, LLC, represented by Brian Liquin with Rennison Design, is requesting final development
plan and final plat approvals for Molinari Park Subdivision No. 1, a 41-lot(34-buildable, 7-common),
mixed use subdivision.The 5.18-acre site is located on the south side of East Plaza Drive approximately
300-feet east of the intersection of South 2nd Street and East Plaza Drive.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on June 24, 2020.The applications
were deemed complete by the City on January 18,2021.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On March 12, 2019, the Eagle City Council approved a rezone from CBD (Central Business District)
to CBD-DA-P (Central Business District with a development agreement — PUD), conditional use
permit, preliminary development plan, and preliminary plat for Molinari Park Subdivision (RZ-07-
18/CU-03-18/PPUD-02-18/PP-06-18).
On October 27,2020,the Eagle City Council approved a design review application for the a subdivision
entry monument sign for Molinari Park Subdivision(DR-53-20).
On December 8, 2020,the Eagle City Council approved a design review application for the common
area landscaping within Molinari Park Subdivision(DR-18-20).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated June 25,2019,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
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proposed will not be detrimental to present and potential surrounding uses, but will have a
beneficial effect which would not be achieved under standard district regulations;
c. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic,
and increased densities will not generate traffic in such amounts as to overload the street
network outside the PUD;
d. Any proposed commercial development can be justified at the locations proposed;
e. Any exception from standard district requirements is warranted by the design and other
amenities incorporated in the final development plan,in accordance with the PUD and the
adopted policy of the Council;
f. The area surrounding said development can be planned and zoned in coordination and
substantial compatibility with the proposed development;
g. The PUD is in general conformance with the comprehensive plan; and
h. The existing and proposed utility services are adequate for the population densities and
nonresidential uses proposed;
3. The actions, if any,that the applicant could take to obtain a permit.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT(based on the final plat, date stamped by the City on June
24, 2020):
• Plat note #8 of the final plat states, "Minimum building setback lines shall be in accordance with the
City of Eagle zoning and subdivision regulations or as specifically approved with the development
agreement associated with RZ-10-15 recorded as Instrument No. 2016-091860, Official Records of
Ada County,Idaho and/or subsequent modifications."
• The subdivision was approved as planned unit development; therefore, the setbacks are referenced
within the Site Specific Conditions of Approval associated with the subdivision. The setbacks are not
referenced within the executed development agreement. The applicant should be required to provide a
revised final plat with plat note #8 revised to state "Minimum building setback lines shall be in
accordance with the City of Eagle zoning and subdivision regulations or as specifically approved."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
plat differs from the preliminary plat in regard to lot configuration and the number of lots. The final
plat shows one additional common lot than the preliminary plat. The final development plan and final
plat are in substantial compliance with the preliminary development plan and preliminary plat with the
conditions recommended herein.
• It is staffs 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 herein 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 January 26,2021. 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-04-20 &FP-04-20 for a final development plan and final plat
for Molinari Park Subdivision No. 1 for Eagle 26, LLC, with the following site specific conditions of
approval:
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SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all requirements of the City Engineer.
2. Comply with all applicable requirements of RZ-07-18/CU-03-18/PPUD-02-18/PP-06-18.
3. Comply with the conditions of DR-18-20.
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.
5. Provide a revised final plat with plat note#8 revised to state"Minimum building setback lines shall be
in accordance with the City of Eagle zoning and subdivision regulations or as specifically approved."
The revised final plat shall be provided prior to the City Clerk signing the final plat.
6. The following setbacks and lot coverage requirements shall apply:
Front
Lots 1-15, Block 1 9-feet(+/- 11-feet to sidewalk)
Lots 18-20&22-24,Block 1 7-feet
Lots 25-33,Block 1 10.5-feet(+/- 10-feet to sidewalk)
Lots 36-38,Block 1 8-feet(+/- 7.5-feet to sidewalk)
Rear
Lots 25-33,Block 1 5.5-feet(+/- 6-feet to curb)
All Other Lots 7.5-feet(+/- 6-feet to curb)
Interior Side 0-feet
Exterior Side 5-feet(No additional setback for multi-story structures)
Minimum Building Separation 20-feet
Maximum Lot Coverage 85%
All remaining setbacks shall be in conformance with Eagle City Code Section 8-2A-6(E)(3).
7. All common area improvements within Molinari Park Subdivision No. 1 as specified on the approved
landscape plan(DR-18-20)shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
8. 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.
9. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
10. 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" letter to the applicant's designated representative.
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11. 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.
12. The applicant shall install at the entrances to Molinari Park Subdivision No. 1,4'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.
13. 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".
14. Provide an approval letter for completion of sewer improvements from Eagle Sewer District, prior to
the City Clerk signing the final plat.
15. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
16. 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 Molinari Park Subdivision, prior to the
issuance of any building permits.
17. All fencing located adjacent to open space, or in any required front or street side yard areas shall be
open-style such as wrought iron or extruded aluminum (looks identical to wrought iron). All other
fencing(i.e. dog-ear type cedar fencing, vinyl, chainlink) shall be prohibited. Fencing in any required
front yard area shall be open-style and limited to four-feet(4') in height.
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. The property has a zoning designation of CBD(Central Business District);therefore,the proposed
commercial located within the development is in conformance with the zoning designation and the
executed development agreement;
5. Any exception from standard district requirements is warranted by the design and other amenities
incorporated in the final development plan, in accordance with the PUD and the adopted policy of
the Council because the varied lot sizes and setbacks as specifically approved by the City will allow
for a mix of housing types in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses,that might impact the planned
residential areas surrounding the development,are proposed;
7. The PUD is in general conformance with the Comprehensive Plan;and
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8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
DATED this 4th day of February,2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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