Findings - CC - 2021 - FPUD-06-21 & FP-09-21 - Stags Crossing #1 Fpud & Fp BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR STAGS CROSSING SUBDIVISION NO. 1 )
FOR COTTONWOOD CREEK,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-06-21 &FP-09-21
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on July 13,2021.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:
Cottonwood Creek, LLC, represented by Steve Hart with Urban Solutions, LLC, is requesting final
planned unit development and final plat approvals for Stags Crossing Subdivision No. 1,an 82-lot(69-
buildable, 13-common), residential subdivision. The 36.93-acre site is located approximately 2,000-
feet south of West Beacon Light Road and 1,750-feet west of N Lanewood Road at the terminus of
North Arena Avenue.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on May 12, 2021. Revised final plat
and landscape drawings were received by the City on July 7,2021.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On February 4, 2021, the City Council approved an annexation and rezone from RUT (Rural-Urban
Transition — Ada County designation) to R-2-DA-P (Residential with a development agreement —
PUD),conditional use permit,preliminary development plan,and a preliminary plat approval for Stags
Crossing Subdivision(A-04-20/RZ-04-20/CU-02-20/PPUD-01-20/PP-02-20).
On June 8, 2021, the City Council approved the design review applications for the common area
landscaping and entry monument signs for Stags Crossing Subdivision(DR-18-21/DR-19-21).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 4,2021, 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;
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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
• The City Engineer and Planning staff have reviewed the final plat.It is staff's opinion that the final plat
is in substantial compliance with the preliminary plat, pursuant to compliance with the conditions
herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on July 13, 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-06-21 & FP-09-21 for a final development plan and final plat
for Stags Crossing Subdivision No. 1 for Cottonwood Creek LLC, with the following site specific
conditions of approval:
SITE SPECIFIC CONDITIONS OF APPROVAL:
Staff recommends approval of the final development plan and final plat with the following conditions:
1. Comply with all requirements of the City Engineer.
2. Comply with all requirements of A-04-20/RZ-04-20/CU-02-20/PPUD-0 1-20/PP-02-20.
3. Comply with all conditions of DR-18-21 and DR-19-21.
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. The applicant shall provide a license agreement from ACHD approving the landscaping located within
the public rights-of-way abutting and within this site prior to the City Clerk signing the final plat.
6. The Stags Crossing Subdivision shall remain under the control of one Homeowners Association.
7. The applicant shall provide CC&Rs that the Homeowner's Association shall have the duty to maintain
the pressurized irrigation system and all common landscape areas in the subdivision are maintained in
a competent and attractive manner, including the watering, mowing, fertilizing and caring for shrubs
and trees in perpetuity.
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8. The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Stags Crossing Subdivision, including a conversation easement for the
area located in the southwest portion of the site (adjacent to the Dry Creek Canal) prior to the City
Clerk signing the first final plat.
9. The required setbacks shall be as follows:
Front 31-feet(front load garage)
25-feet(side entry garage)
Rear 30-feet
Interior Side 10-feet(first story) 5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
10. All common area improvements within Stags Crossing Subdivision as specified on the approved
landscape plan (DR-18-21 and DR-19-21) shall be completed or a surety shall be provided as
required by Eagle City Code prior to the City Clerk signing the final plat.
11. 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.
12. At the time of providing surety information the applicant shall provide a schedule that depicts the
timing for completion of the required improvements.
13. 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.
14. 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.
15. The applicant shall provide an approval letter from the City of Eagle Municipal Water Department
prior to the issuance of a"notice to proceed with construction"letter to the project engineer.
16. 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.
17. The applicant shall install at the entrances to Stags Crossing 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.
18. 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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19. 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.
20. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior
to the City Clerk signing the final plat.
21. The applicant shall provide an approval letter for completion of the municipal water system
improvements from the City of Eagle Municipal Water Department or a surety shall be provided
as required by Eagle City Code prior to the City Clerk signing the final plat.
22. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior
to the City Clerk signing the final plat.
23. 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 Stags Crossing
Subdivision,prior to the issuance of any building permits.
24. 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 subdivision 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 and setbacks as specifically approved by the City will allow
for a mix of housing types in accordance with the Comprehensive Plan;
6. The area surrounding said development can be planned and zoned in coordination and substantial
compatibility with the proposed development since no intensive uses,that might impact the planned
residential areas surrounding the development,are proposed;
7. The PUD is in general conformance with the Comprehensive Plan; and
8. The existing and required utility services are adequate for the population densities as noted by the
agencies that will serve the development.
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DATED this 27th day of July 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
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