Findings - CC - 2023 - FPUD-06-23 & FP-09-23 - Application for a Final Development Plan and Final Plat for Benari Estates Sub No. 2 BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR BENARI ESTATES SUBDIVISION )
NO.2 FOR EAGLE 1,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-06-23&FP-09-23
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on September 26, 2023. 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 1, LLC, represented by Laren Bailey, is requesting final development plan and final plat
approvals for Benari Estates Subdivision No. 2, a 42-lot (38-buildable, 4-common), residential
subdivision. The 16.08-acre site is located on the northeast corner of West State Street and North
Ballantyne Lane at 1770 West State Street.
B. APPLICATION SUBMITTAL:
The applications for this item were received by the City of Eagle on August 23, 2023.
C. HISTORY OF REVELANT PREVIOUS ACTIONS:
On October 11, 2022, the Eagle City Council approved a rezone from A (Agricultural) to R-e-DA-P
(Residential with a development agreement—PUD),conditional use permit,preliminary development
plan, and preliminary plat for Benari Estates Subdivision, an 88-lot (77-buildable, 11-common)
residential planned unit development(RZ-08-22/CU-08-22/PPUD-05-22/PP-13-22).
On February 14,2023,the City Council approved the common area landscaping within Benari Estates
Subdivision(DR-75-22)
On February 14, 2023, the City Council approved an entry feature and subdivision entry monument
sign for Benari Estates Subdivision(DR-76-22).
On May 23, 2023, the City Council approved the final development plan and final plat for Benari
Estates Subdivision No.2(FPUD-01-23/FP-04-23).
D. PRELIMINARY PUD/PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated October 11,2022, 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;
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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;
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 AND ADOPTS THE STAFF REPORT AS PART OF
THE CITY COUNCIL'S FINDINGS OF FACT:
The City Engineer and Planning staff has 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. 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 May 9,2023.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-06-23 &FP-09-23 for a final development plan and final plat
for Benari Esates Subdivision No. 2,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-08-22/CU-08-22/PPUD-05-22/PP-13-22.
3. Comply with the conditions of DR-75-22.
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 following setbacks and lot coverage requirements shall apply:
Front 31-feet living and side entry garage (20-feet from back of
sidewalk)
36-feet front load garage(25-feet from back of sidewalk)
Rear 25-feet
30-feet(Lots 22-29,Block 1 and Lots 3-7,Block 2)
Interior Side 7.5-feet(first story),5-feet(each additional story)
Lot 58,Block 1, 18-feet(east property line)
Street Side 20-feet
Maximum Lot Coverage 50%
6. All common area improvements within Benari Estates Subdivision No.2,as specified on the approved
landscape plan(DR-75-22)shall be completed or a surety shall be provided as required by Eagle City
Code prior to the City Clerk signing the final plat.
7. 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.
8. At the time of providing surety information the applicant shall provide a schedule that depicts the timing
for completion of the required improvements.
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 Benari Estates Subdivision No.2,4'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. 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.
15. Provide an approval letter for completion of sewer improvements from Eagle Sewer District,prior to
the City Clerk signing the final plat.
16. Provide a digital copy of the subdivision records drawings prior to the issuance of building permits.
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17. Provide an approval letter for the requirements of all drainage districts and irrigation districts prior to
the City Clerk signing the final plat.
18. Provide a copy of the recorded CC&Rs for the subdivision,one(1)full size copy of the recorded final
plat, and an 8 1/2"x 11"recorded copy of the final plat of Benari Estates Subdivision No. 1,prior to
the issuance of any building permits.
19. 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.
20. The applicant shall provide a construction site dust control mitigation plan to be reviewed and approved
by staff prior to the issuance of a"Notice to Proceed"with construction letter.
21. The applicant shall include the instrument number for all recorded pathway easements on the final plat
prior to recordation..
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 October 2023.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Ja 72-rce,Mayor
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