Findings - CC - 2024 - FPUD-05-23 & FP-11-23 - Final Develpment Plan and Final Plat for Carp Ranch Subdivision BEFORE THE EAGLE CITY COUNCIL
IN THE MATTER OF AN APPLICATION FOR )
A FINAL DEVELOPMENT PLAN AND FINAL )
PLAT FOR CARP RANCH SUBDIVISION FOR )
GEMSHORE EAGLE RE,LLC )
FINDINGS OF FACT AND CONCLUSIONS OF LAW
CASE NUMBER FPUD-05-23&FP-11-23
The above-entitled final development plan and final plat applications came before the Eagle City Council
for their action on January 23, 2024. 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:
Gemshore Eagle, LLC, represented by Kevin Froehlich, P.E., with KM Engineering, LLP, is requesting
final development plan and final plat approvals for Carp Ranch Subdivision,a 76-lot(69-buildable and 7-
common)residential subdivision. The 34.57-acre site is located on the south side of West Floating Feather
Road approximately 500-feet west of the intersection of North Cove Colony Way and West Floating
Feather Road.
B. APPLICATION SUBMITTAL:
The application for this item was received by the City of Eagle on August 30,2023.A revised final plat
was received by the City of Eagle on January 12,2024.
C. HISTORY OF RELEVANT PREVIOUS ACTIONS:
On January 24,2023,the Eagle City Council approved an annexation,rezone,conditional use permit,
preliminary development plan,and preliminary plat applications for Carp Ranch Subdivision(A-04-
22/RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22).
On September 12, 2023, the Eagle City Council approved a design review application for the common
area landscaping and amenities within Centerra Subdivision(DR-35-23).
On September 12, 2023, the Eagle City Council approved a design review application for a subdivision
entry monument sign for Centerra Subdivision(DR-36-23).
D. PRELIMINARY PLAT FINDINGS:
City Council Findings of Fact and Conclusions of Law dated February 14,2023,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;
Page 1 of 5
K:\Planning Dept\Eagle Applications\SUBS\2023\Carp Ranch Sub FPUD-FP\Working Files\Carp Ranch Sub FPUDFP CCF.docx
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;
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 January 23,2024. 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-05-23 &FP-11-23 for a final development plan and final plat
for Carp Ranch Subdivision,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 requirements of RZ-04-22/CU-04-22/PPUD-02-22/PP-08-22.
3. Comply with the conditions of DR-35-23.
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.
Page 2 of 5
K:\Plaming Dept\Eagle Applications\SUBS\2023\Carp Ranch Sub FPUD-FP\Working Files\Carp Ranch Sub FPUD FP CCF.docx
5. The following setbacks and lot coverage requirements shall apply:
R-1 (Residential)zoned area:
Front 31-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 30-feet
Interior Side 15-feet(first story) 5-feet(each additional story)
Street Side 30-feet
Maximum Lot Coverage 35%
R-3 (Residential)zoned area:
Front 31-feet(living and/or side entry garage)
36-feet(front-load garage)
Rear 25-feet
Interior Side 7.5-feet(first story)5-feet(each additional story)
Street Side 20-feet
Maximum Lot Coverage 40%
6. All common area improvements within Carp Ranch Subdivision as specified on the approved landscape
plan(DR-35-23) 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. 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.
10. 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.
11. Prior to installation of the municipal fiber-optic conduit lines, the applicant shall provide an approval
letter from the City of Eagle Fiber Department prior to the issuance of a "notice to proceed with
construction" letter to the project engineer. 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.
12. Provide a license agreement from ACHD approving the landscaping located with the public right-of-
ways prior to the City Clerking signing the final plat.
13. Provide a digital copy of the subdivision record drawings prior to the issuance of building permits.
14. Provide an approval letter for the requirements of all drainage district and irrigation districts prior to the
City Clerk signing the final plat.
Page 3 of 5
K:\Planning Dept\Eagle Applications\SUBS\2023\Carp Ranch Sub FPUD-FP\Working Files\Carp Ranch Sub FPUD FP CCF.docx
15. The applicant shall install at the entrances to Carp Ranch 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.
16. Construction fencing shall be installed to protect all trees that are to be preserved on the site,prior to the
commencement of any construction. No activity whatsoever shall take place within the drip line of the
trees.
17. 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.
18. All overhead utilities serving the site shall be located underground.
19. Provide a digital copy of the recorded CC&Rs for the subdivision and a digital copy of the recorded
final plat of Carp Ranch Subdivision,prior to the issuance of any building permits.
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.
Page 4 of 5
K:\Planning Dept\Eagle Applications\SUBS\2023\Carp Ranch Sub FPUD-FP\Working Files\Carp Ranch Sub FWD FP CCF.docx
DATED this 13th day of February 2024.
CITY COUNCIL
OF THE CITY OF EAGLE
Ada County,Idaho
Brad ' e,Mayor V
ATTEST: .eA•.
...., �A
* .
C.) q,A•
Tracy E.Osborn, >ty Clerk • m•
. E
cn:le- A L •• * c
9
''•.'SF OFID P,',••''�
Page 5 of 5
K:\Planning Dept\Eagle Applications\SUBS\2023\Carp Ranch Sub FPUD-FP\Working Files\Carp Ranch Sub FPUD FP CCF.docx