Findings - CC - 2022 - FPUD-01-22 & FP-01-22 - Final Development Plan And Final Plat For Mosscreek Subdivision No. 1 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR MOSSCREEK SUBDIVISION NO. 1 )
FOR 2806 W STATE St LLC. )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-01-22 & FP-01-22
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on April 26, 2022. 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:
5806 W State St LLC, represented by Darcy Hart with Urban Solutions, LLC, is requesting final
planned unit development and final plat approvals for Mosscreek Subdivision No. 1, a 36-lot (30-
buildable, 6-common), residential subdivision. The 11.2 - acre site, 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 applications for this item were received by the City of Eagle on February 1, 2022.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 12, 2021, the City Council approved an annexation, rezone from RUT (Rural-Urban
Transition — Ada County Designation) to R-5-DA-P (Residential with a development agreement —
PUD), conditional use permit, preliminary development plan, and preliminary plat for Mosscreek
Subdivision(A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20).
On July 27, 2021,the City Council approved a preliminary plat modification to address access from a
collector street and common area buffer lots(PP-03-20 MOD).
On October 12, 2022, the City Council approved a design review application for the common area
landscaping plan within Mosscreek Subdivision(DR-15-21).
On October 12, 2022, the City Council approved a design review application for the entry monument
sign within Mosscreek Subdivision(DR-16-21).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated January 12,2021,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
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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;
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 development plan and final plat
received by the City on April 20, 2022):
The City Engineer and Planning staff have reviewed the final development plan and final plat. The final
development plan and final plat show that there have been no significant changes from the preliminary
development plan and preliminary plat. It is staff's opinion that the final development plan and final plat
are in substantial compliance with the preliminary development plan and preliminary plat with the
conditions recommended herein.
REVIEW BY THE COUNCIL:
A review by the City Council was completed on April 26, 2022. 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-01-2&FP-01-22 for a final development plan and final plat for
Mosscreek Subdivision No. 1 for 5806 W. State St. LLC, 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 A-05-20/RZ-06-20/CU-04-20/PPUD-02-20/PP-03-20.
3. Comply with the conditions of DR-15-21 and DR-16-21.
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. All common area improvements within Mosscreek Subdivision No. 1 as specified on the approved
landscape plan(DR-15-21)shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
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6. 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.
7. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
8. All roads within Mosscreek Subdivision shall be constructed and accepted by the Ada County
Highway District(ACHD)prior to the City Clerk signing the final plat.
9. 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.
10. 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.
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 Mosscreek Subdivision No. 1, a 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 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.
18. Mosscreek Subdivision shall remain under the control of one Homeowner's Association.
19. The applicant shall be required to comply with the Parks, Pathways, and Recreation Commission's
pathway recommendations,as identified in the Trails and Pathway Superintendent's memo,dated June
22, 2020.
20. The pathways shall be located within a recordedeasementor p y c easements dedicated to and accepted
P by
Eagle as provided in Eagle City Code Section 9-4-1-6(E)(2). The instrument number of the recorded
easement or easements shall be referenced on the face of the plat, upon recordation of the final plat(s)
wherein the pathway is located. The operation and maintenance of the pathways shall be the
responsibility of the homeowner's association.
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21. To allow for the future installation of municipal fiber-optic cable,the applicant is encouraged to install
fiber-optic conduit lines along all public streets in accordance with the City's Fiber Master Plan.Upon
completion of the installation of the municipal fiber-optic conduit lines,the applicant shall provide GIS
coordinates of the locations of the municipal fiber-optic conduit lines.The municipal fiber-optic conduit
lines shall be installed, GIS coordinates provided, and the fiber-optic conduit lines shall be dedicated
to the City prior to the City Clerk signing the final plat.
22. The applicant shall provide a GIS shape file of the subdivision(file type(s)as approved by the Zoning
Administrator)prior to the City Clerk signing the final plat.
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 development will be initiated within one year of the date of approval;
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 10th day of May 2022.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Jaso lei-,Mayor
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Tracy E. Os , gle City Clerk : C> o
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