Findings - CC - 2021 - PP-03-20 MOD - Mosscreek Sub Mod BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A MODIFICATION TO THE )
CONDITIONAL USE PERMIT,PRELIMINARY )
DEVELOPMENT PLAN,AND PRELIMINARY )
PLAT FOR MOSSCREEK SUBDIVISION FOR )
URBAN SOLUTIONS,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER PP-03-20 MOD
The above-entitled conditional use permit, preliminary development plan and preliminary plat
modification applications came before the Eagle City Council for their action on July 13, 2021, 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:
Urban Solutions, LLC, represented by Steve Hart, is requesting a modification to the previously
approved site specific conditions of approval for Mosscreek Subdivision relating to access from a
collector street and common area buffer lots. The 21.6-acre site, consisting of three (3) existing
parcels, is located at the west terminus of West Escalante Drive, south terminus of North
Tempsford Way, and 5806 West State Street.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on May 17, 2021.
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 June 11, 2021. Notice of this public hearing was mailed to property owners in
accordance with the requirements of Title 67, Chapter 65, Idaho Code and Eagle City Code on
June 11,2021. The site was posted in accordance with the Eagle City Code on June 29,2021.
D. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On December 8, 2020, the annexation, rezone with a development agreement, conditional use
permit, preliminary development plan, and preliminary plat applications came before the Eagle
City Council, at which time public testimony was taken and the public hearing was closed.
On January 12, 2021,the Eagle City Council approved Findings of Facts and Conclusions of Law
Documents for Mosscreek Subdivision(A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20).
On July 13, 2021, the conditional use permit, preliminary development plan and preliminary plat
modification application came before the Eagle City Council, at which time public testimony was
taken and the public hearing was closed.
E. COMPANION APPLICATIONS: All applications are inclusive herein.
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F. COMPREHENSIVE PLAN LAND USE MAP AND ZONING MAP DESIGNATIONS:
COMP PLAN ZONING LAND USE
DESIGNATION DESIGNATION
Existing Compact Residential, RUT(Rural-Urban Vacant parcels
Transition Overlay, and Transition—Ada County
Scenic Corridor designation)
Proposed No Change R-5-DA-P(Residential Single-family residential
with a development planned unit development
agreement—PUD)
North of site Compact Residential R-4-DA-P(Residential Single-family residential
with a development subdivisions(Eaglefield
agreement—PUD) Estates Subdivision No. 1
and The Preserve
Subdivision No. 3)
South of site Compact Residential RUT(Rural-Urban Single-family residence and
Transition—Ada County agriculture
designation)
East of site Compact Residential MU-DA(Mixed Use Single-family residence and
with a development agriculture
agreement [in lieu of a
PUD])
West of site Neighborhood RUT(Rural-Urban Single-family residential
Residential Transition—Ada County subdivision(Eaglefield
designation) Village Subdivision)
G. DESIGN REVIEW OVERLAY DISTRICT:Not in the DDA,TDA, CEDA or DSDA.
H. SITE DATA:
Total Acreage of Site—21.6-acres
Total Number of Lots—64
Residential—56
Commercial—0
Industrial—0
Common—8
Total Number of Units—56
Single-family—56
Duplex—0
Multi-family—0
Total Acreage of Any Out-Parcels—0
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Additional Site Data Proposed Required
Dwelling Units Per Gross Acre 2.59-dwelling units per acre 2.59-dwelling units per
acre(as limited within the
development agreement)
Minimum Lot Size 6,156-square feet* 7,000-square feet
Minimum Lot Width 55-feet 70-feet
Minimum Street Frontage 40-feet 35-feet
Total Acreage of Common Area 7.26-acres 4.32-acres minimum
Open Space
Percent of Site as Common Area 33.6% 20%
Open Space 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.
* A reduction in minimum lot sizes may be permitted within a Planned Unit Development with an
offsetting increase in open space.
GENERAL SITE DESIGN FEATURES:
Landscape Screening:
The applicant is proposing a reduction of the common area lot and buffer along the collector road
frontages and shall submit an Alternative Method of Compliance application with the Design
Review application to address the proposed landscaping within common area Lots 1 and 8, Block
1,Lot 13,Block 2, and Lot 1,Block 6 located along the south side of West Escalante Drive,north
side of West Quarterline Drive, and west side of North Stonehart Avenue.
As conditioned in the priginal application, the applicant shall also submit an Alternative Method
of Compliance application with the Design Review application to address the proposed
landscaping within the 10-foot wide common lot located north of West Escalante Drive. The
landscape plan shall show additional landscaping within the 10-foot wide common lot to provide
a buffer between West Escalante Drive and the residents located north of Mosscreek Subdivision.
The Alternative Method of Compliance and Design Review applications shall be reviewed and
approved by the Design Review Board and City Council prior to submittal of final development
plan and final plat applications.
Open Space:
The open space consists of eight(8)common lots. The larger common lots(Lot 1, Block 1, Lot 1,
Block 4, and Lot 1, Block 6) contain drainage infrastructure and the Middleton Mill Irrigation
Lateral. A portion of Lot 1, Block 4, is proposed with a pathway which will be located on the
north side of West Escalante Drive.
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J. STREET DESIGN:
Public Streets:
The proposed public streets are to be constructed as shown on the street sections contained within
the preliminary development plan/preliminary plat, date stamped by the City on September 17,
2020 or as required by Ada County Highway District.
Applicant's Justification for Private Streets(if proposed):None proposed
Blocks Less Than 500': None.
Cul-de-sac Design:
One cul-de-sac is proposed:
• North Carpe Diem Place: 155-feet in length, 50-foot radius (measured to back-of-curb).
Sidewalks:
A detached 5-foot wide concrete sidewalk is proposed abutting the planter strips on both side of
the interior public roadways. The detached sidewalks are proposed to be located within the
buildable lots outside of the right-of-way area with the exception of the sidewalks located within
the common lots.
K. ON AND OFF-SITE PEDESTRIAN/BICYCLE CIRCULATION:
Pedestrian Walkways: (See comments under sidewalks above.)
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 — located along the irrigation canal and the residential dwelling which was
removed(5806 West State Street)
Riparian Vegetation—no
Steep Slopes—no
Stream/Creek—no
Unique Animal Life—unknown
Unique Plant Life—unknown
Unstable Soils—unknown
Wildlife Habitat—unknown
O. SUMMARY OF REVIEW OF ENVIRONMENTAL ASSESSMENT PLAN (IF REQUIRED):
Not required
P. AGENCY RESPONSES:
A letter from the Eagle Fire Department date stamped by the City on May 17, 2021, provides
approval for the resubmitted fire hydrant layout.
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Q. LETTERS FROM THE PUBLIC:
• A letter was received from Thomas Hawkins dated June 21, 2021 objecting to the
proposed access to the development.
• An email was received from Michael and Laura Lyons dated June 24, 2021 outlining
concerns about access to the development from W. Escalante Dr. and requesting a
secondary access from SR 44.
R. PROPOSED TIME SCHEDULE FOR THE DEVELOPMENT OF THE SITE:
The applicant provided correspondence, date stamped by the City on October 7, 2020, which
indicated the development will be constructed in two (2) phases. Phase #1 is proposed for
construction during the fall/winter of 2020 with paving to occur in March. Phase #2 is proposed
as sewer service allows.No revised time schedule has been provided at this time.
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.
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In cases of large-scale PUDs (incorporating fifty (50) or more lots or dwelling units):
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 fmancing 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.
For a request of up to 10%of the gross land area to be directed to uses other than residential
(i.e.; commercial, industrial,public and quasi public uses that are not allowed in the land use
district):
17. That the uses are appropriate with the residential uses.
18. That the uses will serve principally the residents of the PUD.
19. That the uses are planned to be an integral part of the PUD.
20. That the uses located and designed to provide direct access to a collector or arterial street.
21. That the proposed street connections will not create congestion or traffic hazards.
In cases where an increase in residential density of up to 15% of the allowable number of
dwelling units is requested:
22. LANDSCAPING:
That the quality of the designs for landscaping, streetscape, open spaces and plazas, use of
existing landscape, pedestrian way treatment, and recreational areas, incorporated into this
development, exceed that of a non PUD development.
23. SITING:
That the quality of the designs for visual focal points, use of existing features such as
topography, view, sun orientation, prevalent wind direction, pedestrian/vehicular circulation
pattern, physical environment, variation in building setbacks, and building grouping (such as
clustering), incorporated into this development, exceed that of a non PUD development.
24. DESIGN FEATURES:
That the quality.of the designs for street sections, architectural styles, harmonious use of
materials, parking areas broken by landscaping features, and varied use of housing types,
incorporated into the development, exceed that of a non PUD development.
THE CITY COUNCIL RECEIVED AND REVIEWED THE FOLLOWING STAFF ANALYSIS
PROVIDED WITHIN THE STAFF REPORT:
A. COMPREHENSIVE PLAN PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING
THIS PROPOSAL:
The Comprehensive Plan Land Use Map (adopted November 15, 2017), designates this site as the
following:
Scenic Corridor
An overlay designation that is intended to provide significant setbacks from major corridors and
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natural features through the city. These areas may require berming, enhanced landscaping, detached
meandering pathways and appropriate signage controls. This designation includes the Willow Creek
Corridor that is to provide increased setbacks and buffering of development including natural
vegetation and restoration, regional trails and connectivity.
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.
CHAPTER 6: LAND USE
6.5.1 Park Lane Uses:
G. The area located northwest of Linder Road and State Street intersection is designated as
compact residential to provide for apartments, town homes and patio homes, and
transitioning northward to neighborhood residential (up to 1-2 units per acre). Internal
circulation is essential to the development of this area; a frontage road (Escalante Drive)
should be extended from Linder Road west to the intersection of Moon Valley Road and
State Highway 44. Uses should focus on Escalante Drive (not State Street)with berming
and wide setbacks to be used to buffer the residential uses from State Highway 44.
Escalante Drive should not be allowed to have front on housing.
B. ZONING CODE PROVISIONS WHICH ARE OF SPECIAL CONCERN REGARDING THIS
PROPOSAL:
• Eagle City Code Section 8-2A-7 (J)(4)(a): Landscape and Buffer Area Requirements:
4. Major Roadways: New residential developments, including, but not limited to, subdivisions
and multi-family developments, shall be buffered from streets classified as collectors,
arterials, freeways, or expressways,to protect residential communities from noisy, potentially
dangerous, high speed roads. The "buffer area" shall be defined as a common lot located
between the residential lots within the subdivision and the right of way line of the adjacent
roadway. This buffer is required as part of the common area open space owned and
maintained by a homeowners' association. Any landscaping proposed to be within the public
right of way shall not be included as a part of the buffer area required below. The height for
berming/fencing, as noted below, shall be measured from the elevation of the final grade of
the adjacent roadway (measured at the centerline)to the top of the proposed berming/fencing.
The required buffer area width,plantings, and fencing are as follows:
a. Any road designated as an urban or rural collector on the transportation and pathway
network plan in the Eagle comprehensive plan:
A minimum of thirty five feet (35') wide buffer area(not including right of way) shall be
provided with the following plants per one hundred(100) linear feet of right of way: four
(4) shade trees, five (5)evergreen trees, and twenty four(24) shrubs. Each required shade
tree may be substituted with two (2) flowering/ornamental trees, provided that not more
than fifty percent(50%)of the shade trees are substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block
wall, cultured stone, decorative rock, or similarly designed concrete wall, or combination
thereof shall be provided within the buffer area. The maximum slope for any berm shall
be three feet (3') horizontal distance to one foot (1') vertical distance. If a decorative
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block wall, cultured stone, decorative rock, or similarly designed concrete wall is to be
provided in combination with the berm, a four foot (4') wide flat area shall be provided
for the placement of the decorative wall. Chainlink, cedar, and similar high maintenance
and/or unsightly fencing shall not be permitted.
C. DISCUSSION (based on the preliminary development plan/preliminary plat, date stamped by the
City on May 17, 2021):
• The Ada County Highway District Master Street Map identifies West Escalante Drive as a
collector. West Quarterline Drive and North Stonehart Way are designed as an extension of West
Escalante Drive; therefore, it will function as a collector. It is an Ada County Highway District
policy that residential homes do not have direct access to a collector. The preliminary
development plan/preliminary plat original conditions of approval stated:
Provide a revised preliminary development plan/preliminary plat with a new plat note which
states, "Direct lot access to West Escalante Drive, West Quarterline Drive, and North Stonehart
Way is prohibited."
However,the condition did not make a distinction between the portion of W. Escalante Dr. that is
a collector versus the portion that is a local street. Therefore, staff recommends modifying
Condition 8 as follows:
Provide a revised preliminary development plan/preliminary plat with a new plat note which
states, "Direct lot access to the residential collector section of West Escalante Drive adjacent to
Blocks 1 &2, West Quarterline Drive, and North Stonehart Way is prohibited."
The revised condition clarifies which portions of W. Escalante are permitted to have access and
which are not.
• As previously referenced, the Ada County Highway District Master Street Map identifies West
Escalante Drive as a collector. The preliminary development plan/preliminary plat shows West
Escalante Drive along the northern portion of the site turning to the south as West Quarterline
Drive which then changes to North Stonehart Avenue as it continues in a southernly direction. A
26-foot wide common lot is located between the residential lots and West Quarterline Drive and
North Stonehart Ave.
Pursuant to Eagle City Code Section 8-2A-7(J)(4)(a), any road designated as collector on the
master street map typologies map in the Eagle comprehensive plan is required to include a
minimum of thirty five feet (35') wide buffer area(not including right of way)with the following
plants per one hundred (100) linear feet of right of way: four (4) shade trees, five (5) evergreen
trees, and twenty four (24) shrubs. Each required shade tree may be substituted with two (2)
flowering/ornamental trees, provided that not more than fifty percent(50%)of the shade trees are
substituted.
A minimum five foot (5') high, maximum eight foot (8') high, berm, decorative block wall,
cultured stone, decorative rock, or similarly designed concrete wall, or combination thereof is
required to be provided within the buffer area.
On January 12, 2021,the Eagle City Council approved Findings of Facts and Conclusions of Law
Documents for Mosscreek Subdivision (A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20)
with reduced common area/buffer lots fronting the collector from 35 feet to 20-26 feet as
depicted on the preliminary plat. However, site specific condition 12. states:
Provide a revised preliminary development plan/preliminary plat showing a 35 foot wide
common area located along the south side of West Escalante Drive, north side of West
Quarterline Drive, and west side of North Stonehart Avenue. The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of final development plan
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and final plat applications. (8-2A-7[J][4][a])
The applicant is requesting that the condition be removed. However, staff recommends revising
condition 12 to state the following:
The applicant shall submit an Alternative Method of Compliance application with the Design
Review application to address the proposed landscaping within common area Lots 1 and 8, Block
1, Lot 13, Block 2, and Lot 1, Block 6, which are located along the south side of West Escalante
Drive, north side of West Quarterline Drive,and west side of North Stonehart Avenue.
This revision will allow the applicant to proceed with the final plat as designed and approved
during the preliminary plat application,however, it will give the City an opportunity to review the
landscaping buffer along the connector streets. The Alternative Method of Compliance and
Design Review applications should be reviewed and approved by the Design Review Board and
City Council prior to submittal of final development plan and final plat applications.
PUBLIC HEARING OF THE COUNCIL:
A. A public hearing on the application was held before the City Council on July 13, 2021, at which time
testimony was taken and the public hearing was closed. The Council made their decision at that time.
B. Oral testimony in favor of the applications was presented to the City Council by no one(not including
the applicant/representative).
C. Oral testimony in opposition to the applications was presented to the Council by no one.
D. Oral testimony neither in opposition to nor in favor of the applications was presented to the City
Council by two(2) individuals who indicated the following:
• They were satisfied that the buffer between Mosscreek Subdivision and the Preserve was not
going to be reduced in width;
• Had hoped that the buffer on the north adjacent to the Preserve would include a berm;
• Were concerned about the City and ACHD's long term plan for Linder Rd.
COUNCIL DECISION REGARDING THE CONDITIONAL USE PERMIT, PRELIMINARY
DEVELOPMENT PLAN,AND PRELIMINARY PLAT MODIFICATION:
The Council voted 4 to 0 to approve PP-03-20 for a modification to the Mosscreek Subdivision for Urban
Solutions LLC, with the following site specific conditions and standard conditions of approval with
underlined text to be added by the Council and strikethrough text to be removed:
SITE SPECIFIC CONDITIONS OF APPROVAL:
1. Comply with all conditions within the development agreement for rezone application RZ-06-20.
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, prior to the City Clerk signing the fmal plat and/or upon receipt of an invoice
by the City,whichever occurs first.
4. The applicant should be required to pay the required $58,800 preliminary plat Storage Trunk Line fee
along with the associated final plat Storage Trunk Line fee at the time of submittal of the first fmal
development plan and final plat applications.
5. Provide documentation from the subdivision contractor indicating the potable well and septic system
located on the site were properly abandoned. The documentation shall be provided prior to the City
Clerk signing the fmal plat.
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6. The required setbacks shall be as follows:
Front 20-feet(living area)
25-feet(side-entry garage)
31-feet(front-load garage)
Rear 15-feet
Interior Side 5-feet(first story) 5-feet(each additional story)
Maximum Lot Coverage 50%
7. Provide a revised preliminary development plan/preliminary plat with a new plat note which states,
"Driveways are prohibited across Lots 1 and 8, Block 1, Lot 13, Block 2, Lot 4, Block 4, Lot 1,
Block 5, and Lot 1, Block 6." The revised preliminary development plan/preliminary plat shall be
provided prior to submittal of fmal development plan and fmal plat applications.
8. Provide a revised preliminary development plan/preliminary plat with a new plat note which states,
"Direct lot access to the residential collector section of West Escalante Drive adjacent to Blocks 1 &
2, West Quarterline Drive, and North Stonehart Way is prohibited." The revised preliminary
development plan/preliminary plat shall be provided prior to submittal of final development plan and
final plat applications.
9. Provide a revised preliminary development plan/preliminary with plat note#4 revised to state, "Lots 1
and 8, Block 1, Lot 13, Block 2, Lot 1, Block 3, Lots land 4, Block 4, Lots 1 and 5, Block 5, and Lot
1, Block 6, are common lots to be owned and maintained by the homeowner's association. The
common lots shall have a blanket public utility, drainage, and irrigation easement." The revised
preliminary development plan/preliminary plat shall be submitted prior to submittal of final
development plan and final plat applications.
10. Provide a revised preliminary development plan/preliminary plat showing the right-of-way associated
with West Passier Street dedicated to the southern boundary line of the subdivision. The revised
preliminary development plan/preliminary plat shall be submitted prior to submittal of final
development plan and final plat applications.
11. The applicant shall submit an Alternative Method of Compliance application with the Design Review
application to address the proposed landscaping within the 10-foot wide common lot located north of
West Escalante Drive. The landscape plan shall show additional landscaping within the 10-foot wide
common lot to provide a buffer between West Escalante Drive and the residents located north of
Mosscreek Subdivision. The Alternative Method of Compliance and Design Review applications
shall be reviewed and approved by the Design Review Board and City Council prior to submittal of
final development plan and final plat applications.
12. Provide a revised preliminary d
area located along the south side of West Escalante Drive, north side of West Quarterline Drive, and
7[J][4][a])
13. 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 withi an 8-foot wide landscape strip between the 5-foot wide
concrete sidewalk and the curb. Any and all drainage swales and/or seepage beds shall be placed so as
to not interfere with the required placement of street trees. 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.
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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.
14. 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 approval of a fmal plat. (ECC 9-
4-1-2)
15. 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
Eagle City Code Section 8-2A-7 (J) and Section 9-3-10.
16. Provide a revised fencing exhibit showing the fencing within the development in conformance with
Eagle City Code Section 9-3-10. The fencing exhibit shall be provided prior to execution of the
development agreement associated with RZ-06-20.
17. Provide a revised preliminary development plan/preliminary plat identifying recreational amenities
located within the areas of common lots not encumbered by the easement associated with the
Middleton Mill Irrigation Lateral. The recreational amenities, may include but not be limited to,
buildings or structures for recreational activities including picnic areas, community gardens, courses
or courts, children's play areas or dog play area. The revised preliminary development
plan/preliminary plat shall be provided prior to submittal of a design review application.
18. The Mosscreek Subdivision shall remain under the control of one Homeowners Association.
19. The applicant shall place a note on the final plat that the pressurized irrigation system and all common
lots are to be owned and maintained by the Homeowner's Association.
20. 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.
21. The applicant shall provide a copy of the executed Idaho Transportation Department Mitigation
Agreement to the City prior to the City Clerk signing the first final plat.
22. The applicant shall work with the City to establish a Conservation and Education Program (CEP)
Funding Plan associated with Mosscreek Subdivision prior to the City Clerk signing the first fmal
plat.
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 standard conditions of approval as outlined in the original
application,A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20.
CONCLUSIONS OF LAW:
1. The Council reviewed the particular facts and circumstances of this proposed conditional use permit,
preliminary development plan, and preliminary plat modification (CU-04-20/PPUD-02-20/PP-03-20)
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:
a. The proposed PUD is in the public interest, advances the general welfare of the community and
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neighborhood, and will not be detrimental to the economic welfare of the community.
Mosscreek Subdivision has been proposed for development in conformance with the Eagle
Comprehensive Plan and consistent with the requirements of Eagle City Code; 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.
The development is proposed to consist of single-family residential homes and will be designed
to complement the general vicinity and provide aesthetically pleasing architecture to enhance the
character of the area. The development is designed with similar density as the adjacent
subdivisions; therefore, the proposed subdivision will be harmonious with the adjacent
developments; and
c. That the development will not be hazardous or disturbing to existing or future neighborhood uses.
Mosscreek Subdivision is proposed to be developed in a manner harmonious with existing and
future 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. There
are no uses, activities, processes, materials, equipment, and/or conditions that will be detrimental
to the surrounding properties upon completion of the site work; 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.
Mosscreek Subdivision will be served by West Escanlante Drive (designated as a collector). 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, City of Eagle Municipal Water,
and Ada County Highway District; and
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.
The development will contain a minimum of 33.6% of open space. The common lots will include
a pond,pathways, and recreational amenities for the residents; 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 include a stub street to the adjacent undeveloped parcel to the west which
will provide intra-neighborhood connectivity. Access to the development will be provided from
West Escalante Drive and North Tempsford Way. The design and construction of the roadways
and entrances is regulated by the Ada County Highway District; and
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i. That the development will not result in the destruction, loss, or damage of a natural, scenic or
historic feature of major importance.
No scenic or historic features of major importance exist on site; and
j. 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 Eagle Comprehensive Plan designates the property as Compact Residential. The applicant is
requesting a R-5-DA-P (Residential with a development agreement — PUD) to allow for
flexibility in design while still maintaining the maximum density of the proposed development at
2.59-dwelling units per acre; 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.
This applicant has requested approval of a conditional use permit, preliminary development plan,
and preliminary plat as outlined in Eagle City Code and satisfies those requirements as well as
will be required to meet the conditions herein. 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 City of Eagle Municipal Water System. The
water infrastructure will be constructed at the developer's expense.
Sewer
As required herein, the applicant is required to provide correspondence from the Eagle Sewer
District which indicates the property is annexed into the District prior to submittal of a final plat
application. 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.
Open Space
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The development will contain a minimum of 33.6% of passive and active open space. The
applicant is required to provide amenities to provide the residents living within the development
recreational opportunities. The project will also generate park impact fees to be utilized for the
creation of additional parks or add new equipment to existing parks within the City of Eagle.
Maintenance
The maintenance of any private open space areas will be regulated by the Mosscreek
Homeowner's Association. The roads, sewer, and water infrastructure will be publicly owned and
maintained by the respective agencies.
Schools
Mosscreek Subdivision 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 $14,010/annually(with Homeowner's Exemption).
p. 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.
DATED this 27th day of July 2021.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada Coun �aho
aso Pierce,Mayor s•os""•,•..,
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A r ST: .•��,�" •. 0RAT ,,
racy E. O`.;(rn,Eagle City Ark_ S�p,��s•�O
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